[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[House]
[Pages H3792-H3936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY ACT FOR THE 21ST 
                                CENTURY

  Mr. SHUSTER submitted the following conference report and statement 
on

[[Page H3793]]

the bill (H.R. 2400) to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes:

                  Conference Report (H. Rept. 105-550)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2400), to authorize funds for Federal-aid highways, highway 
     safety programs, and transit programs, and for other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Equity Act for the 21st Century''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.

                     Subtitle B--General Provisions

Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment 
              program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot 
              program.
Sec. 1222. Additions to Appalachian region.

            Subtitle C--Program Streamlining and Flexibility

Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.

                           Subtitle D--Safety

Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.

                          Subtitle E--Finance

Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.

                   Subtitle F--High Priority Projects

Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.

                        TITLE II--HIGHWAY SAFETY

Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol 
              concentrations.
Sec. 2009. Authorizations of appropriations.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly 
              individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment 
              from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway 
              modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in 
              existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public 
              lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of 
              1997.

                     TITLE IV--MOTOR CARRIER SAFETY

Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service 
              commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and 
              international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on 
              liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.

                    TITLE V--TRANSPORTATION RESEARCH

                          Subtitle A--Funding

Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.

                  Subtitle B--Research and Technology

Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.

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Sec. 5107. Surface transportation-environment cooperative research 
              program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information 
              technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration 
              program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.

             Subtitle C--Intelligent Transportation Systems

Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system 
              infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.

            TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS

Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.

                        TITLE VII--MISCELLANEOUS

             Subtitle A--Automobile Safety and Information

Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.

                         Subtitle B--Railroads

Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.

            Subtitle C--Comprehensive One-Call Notification

Sec. 7301. Findings.
Sec. 7302. One-call notification programs.

              Subtitle D--Sportfishing and Boating Safety

Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.

TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET 
                                OFFSETS

      Subtitle A--Transportation Discretionary Spending Guarantee

Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.

                     Subtitle B--Veterans' Benefits

Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for 
              disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational 
              assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive 
              equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible 
              for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for 
              reinstatement of dependency and indemnity compensation 
              upon termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of 
              defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies 
              of costs of treatment of veterans for tobacco-related 
              illnesses.

             Subtitle C--Temporary Student Loan Provision.

Sec. 8301. Temporary student loan provision.

              Subtitle D--Block Grants for Social Services

Sec. 8401. Block grants for social services.

         TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol 
              fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak 
              States.
Sec. 9008. Delay in effective date of new requirement for approved 
              diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of 
              nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item 
              veto.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Interstate system.--The term ``Interstate System'' has 
     the meaning such term has under section 101 of title 23, 
     United States Code.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

     SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $3,427,341,000 for fiscal year 1998, 
     $3,957,103,000 for fiscal year 1999, $3,994,524,000 for 
     fiscal year 2000, $4,073,322,000 for fiscal year 2001, 
     $4,139,630,000 for fiscal year 2002, and $4,217,635,000 for 
     fiscal year 2003.
       (2) National highway system.--For the National Highway 
     System under section 103 of such title $4,112,480,000 for 
     fiscal year 1998, $4,748,523,000 for fiscal year 1999, 
     $4,793,429,000 for fiscal year 2000, $4,887,986,000 for 
     fiscal year 2001, $4,967,556,000 for fiscal year 2002, and 
     $5,061,162,000 for fiscal year 2003.
       (3) Bridge program.--For the bridge program under section 
     144 of such title $2,941,454,000 for fiscal year 1998, 
     $3,395,354,000 for fiscal year 1999, $3,427,472,000 for 
     fiscal year 2000, $3,495,104,000 for fiscal year 2001, 
     $3,552,016,000 for fiscal year 2002, and $3,618,966,000 for 
     fiscal year 2003.
       (4) Surface transportation program.--For the surface 
     transportation program under section 133 of such title 
     $4,797,620,000 for fiscal year 1998, $5,539,944,000 for 
     fiscal year 1999, $5,592,333,000 for fiscal year 2000, 
     $5,702,651,000 for fiscal year 2001, $5,795,482,000 for 
     fiscal year 2002, and $5,904,689,000 for fiscal year 2003.
       (5) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of such title 
     $1,192,619,000 for fiscal year 1998, $1,345,415,000 for 
     fiscal year 1999, $1,358,138,000 for fiscal year 2000, 
     $1,384,930,000 for fiscal year 2001, $1,407,474,000 for 
     fiscal year 2002, and $1,433,996,000 for fiscal year 2003.
       (6) Appalachian development highway system program.--For 
     the Appalachian development highway system program under 
     section 201 of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years 
     1999 through 2003.
       (7) Recreational trails program.--For the recreational 
     trails program under section 206 of such title $30,000,000 
     for fiscal year 1998, $40,000,000 for fiscal year 1999, and 
     $50,000,000 for each of fiscal years 2000 through 2003.
       (8) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of such title $225,000,000 for fiscal year 
     1998 and $275,000,000 for each of fiscal years 1999 through 
     2003.
       (B) Public lands highways.--For public lands highways under 
     section 204 of such title $196,000,000 for fiscal year 1998 
     and $246,000,000 for each of fiscal years 1999 through 2003.
       (C) Park roads and parkways.--For park roads and parkways 
     under section 204 of such title $115,000,000 for fiscal year 
     1998 and $165,000,000 for each of fiscal years 1999 through 
     2003.
       (D) Refuge roads.--For refuge roads under section 204 of 
     such title $20,000,000 for each of fiscal years 1999 through 
     2003.
       (9) National corridor planning and development and 
     coordinated border infrastructure programs.--For the national 
     corridor planning and development and coordinated border 
     infrastructure programs under sections 1118 and 1119 of this 
     Act $140,000,000 for each of fiscal years 1999 through 2003.
       (10) Construction of ferry boats and ferry terminal 
     facilities.--For construction of ferry boats and ferry 
     terminal facilities under section 1064 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 
     note; 105 Stat. 2005) $30,000,000 for each of fiscal year 
     1998 and $38,000,000 for each of fiscal years 1999 through 
     2003.
       (11) National scenic byways program.--For the national 
     scenic byways program under section 162 of title 23, United 
     States Code, $23,500,000 for each of fiscal years 1998 and 
     1999, $24,500,000 for each of fiscal years 2000 and 2001, and 
     $25,500,000 for fiscal year 2002, and $26,500,000 for 
     fiscal year 2003.
       (12) Value pricing pilot program.--For the value pricing 
     pilot program under section 1012(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
     105 Stat. 1938) $7,000,000 for fiscal year 1999, and 
     $11,000,000 for each of fiscal years 2000 through 2003.
       (13) High priority projects program.--For the high priority 
     projects program under section 117 of title 23, United States 
     Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for 
     fiscal year 1999, $1,678,410,000 for fiscal year 2000, 
     $1,678,410,000 for fiscal year 2001, $1,771,655,000

[[Page H3795]]

     for fiscal year 2002, and $1,771,655,000 for fiscal year 
     2003.
       (14) Highway use tax evasion projects.--For highway use tax 
     evasion projects under section 143 of such title $5,000,000 
     for each of fiscal years 1998 through 2003.
       (15) Commonwealth of puerto rico highway program.--For the 
     Commonwealth of Puerto Rico highway program under section 
     1214(r) of this Act $110,000,000 for fiscal years 1998 
     through 2003.
       (b) Disadvantaged Business Enterprises.--
       (1) 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, III, and V of 
     this Act shall be expended with small business concerns owned 
     and controlled by socially and economically disadvantaged 
     individuals.
       (2) Definitions.--In this subsection, the following 
     definitions apply:
       (A) 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.
       (B) 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 subsection.
       (3) Annual listing of disadvantaged business enterprises.--
     Each State shall annually survey and compile a list of the 
     small business concerns referred to in paragraph (1) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns 
     which are controlled by women, by socially and economically 
     disadvantaged individuals (other than women), and by 
     individuals who are women and are otherwise socially and 
     economically disadvantaged individuals.
       (4) Uniform certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a concern qualifies for purposes of this 
     subsection. Such minimum uniform criteria shall include but 
     not be limited to on-site visits, personal interviews, 
     licenses, analysis of stock ownership, listing of 
     equipment, analysis of bonding capacity, listing of work 
     completed, resume of principal owners, financial capacity, 
     and type of work preferred.
       (5) Compliance with court orders.--Nothing in this 
     subsection limits the eligibility of an entity or person to 
     receive funds made available under titles I, III, and V of 
     this Act, if the entity or person is prevented, in whole or 
     in part, from complying with paragraph (1) because a Federal 
     court issues a final order in which the court finds that the 
     requirement of paragraph (1), or the program established 
     under paragraph (1), is unconstitutional.
       (6) 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 paragraph (1), including an analysis of--
       (A) in the case of small business concerns certified in 
     each State under paragraph (4) as owned and controlled by 
     socially and economically disadvantaged individuals--
       (i) the number of the small business concerns; and
       (ii) the participation rates of the small business concerns 
     in prime contracts and subcontracts funded under titles I, 
     III, and V of this Act;
       (B) in the case of small business concerns described in 
     subparagraph (A) that receive prime contracts and 
     subcontracts funded under titles I, III, and V of this Act--
       (i) the number of the small business concerns;
       (ii) the annual gross receipts of the small business 
     concerns; and
       (iii) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (C) in the case of small business concerns described in 
     subparagraph (A) that do not receive prime contracts and 
     subcontracts funded under titles I, III, and V of this Act--
       (i) the annual gross receipts of the small business 
     concerns; and
       (ii) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (D) in the case of business concerns that receive prime 
     contracts and subcontracts funded under titles I, III, and V 
     of this Act, other than small business concerns described in 
     subparagraph (B)--
       (i) the annual gross receipts of the business concerns; and
       (ii) the net worth of individuals that own and control the 
     business concerns;
       (E) the rate of graduation from any programs carried out to 
     comply with the requirement of paragraph (1) for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals;
       (F) the overall cost of administering the requirement of 
     paragraph (1), including administrative costs, certification 
     costs, additional construction costs, and litigation costs;
       (G) 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;
       (H)(i) 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, III, and V 
     of this Act; and
       (ii) 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;
       (I) 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;
       (J) the impact on small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals of--
       (i) the issuance of a final order described in paragraph 
     (5) by a Federal court that suspends a program established 
     under paragraph (1); or
       (ii) the repeal or suspension of State or local 
     disadvantaged business enterprise programs; and
       (K) the impact of the requirement of paragraph (1), and any 
     program carried out to comply with paragraph (1), on 
     competition and the creation of jobs, including the creation 
     of jobs for socially and economically disadvantaged 
     individuals.

     SEC. 1102. OBLIGATION CEILING.

       (a) General Limitation.--Notwithstanding any other 
     provision of law but subject to subsections (g) and (h), the 
     obligations for Federal-aid highway and highway safety 
     construction programs shall not exceed--
       (1) $21,500,000,000 for fiscal year 1998;
       (2) $25,431,000,000 for fiscal year 1999;
       (3) $26,155,000,000 for fiscal year 2000;
       (4) $26,651,000,000 for fiscal year 2001;
       (5) $27,235,000,000 for fiscal year 2002; and
       (6) $27,681,000,000 for fiscal year 2003.
       (b) Exceptions.--The limitations under subsection (a) shall 
     not apply to obligations--
       (1) under section 125 of title 23, United States Code;
       (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978;
       (3) under section 9 of the Federal-Aid Highway Act of 1981;
       (4) under sections 131(b) and 131(j) of the Surface 
     Transportation Assistance Act of 1982;
       (5) under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987;
       (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991;
       (7) under section 157 of title 23, United States Code, as 
     in effect on the day before the date of enactment of this 
     Act; and
       (8) under section 105 of title 23, United States Code but, 
     for each of fiscal years 1998 through 2007, only in an amount 
     equal to $639,000,000 per fiscal year.
       (c) Distribution of Obligation Authority.--For each of 
     fiscal years 1998 through 2003, the Secretary shall--
       (1) not distribute obligation authority provided by 
     subsection (a) for such fiscal year for amounts authorized 
     for administrative expenses and programs funded from the 
     administrative takedown authorized by section 104(a) of title 
     23, United States Code, and amounts authorized for the 
     highway use tax evasion program and the Bureau of 
     Transportation Statistics;
       (2) not distribute an amount of obligation authority 
     provided by subsection (a) that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid highway 
     and highway safety programs for previous fiscal years the 
     funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation authority provided by subsection (a) for 
     such fiscal year less the aggregate of amounts not 
     distributed under paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highway and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation authority provided by 
     subsection (a) less the aggregate amounts not distributed 
     under paragraphs (1) and (2) for section 117 of title 23, 
     United States Code (relating to high priority projects 
     program), section 201 of the Appalachian Regional Development 
     Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act 
     of 1995, and $2,000,000,000 for such fiscal year under 
     section 105 of such title (relating to minimum guarantee) so 
     that amount of obligation authority available for each of 
     such sections is equal to the amount determined by 
     multiplying the ratio determined under paragraph (3) by the 
     sums authorized to be appropriated for such section (except 
     in the case of section 105, $2,000,000,000) for such fiscal 
     year;
       (5) distribute the obligation authority provided by 
     subsection (a) less the aggregate amounts not distributed 
     under paragraphs (1) and (2) and amounts distributed under 
     paragraph (4) for each of the programs that are allocated by 
     the Secretary under this Act and title 23, United States 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by 
     multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for such program 
     for such fiscal year; and

[[Page H3796]]

       (6) distribute the obligation authority provided by 
     subsection (a) less the aggregate amounts not distributed 
     under paragraphs (1) and (2) and amounts distributed under 
     paragraphs (4) and (5) for Federal-aid highway and highway 
     safety construction programs (other than the minimum 
     guarantee program, but only to the extent that amounts 
     apportioned for the minimum guarantee program for such fiscal 
     year exceed $2,639,000,000, and the Appalachian development 
     highway system program) that are apportioned by the Secretary 
     under this Act and title 23, United States Code, in the ratio 
     that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year.
       (d) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (c), the Secretary shall after 
     August 1 of each of fiscal years 1998 through 2003 revise a 
     distribution of the obligation authority made available under 
     subsection (c) if a State will not obligate the amount 
     distributed during that fiscal year and redistribute 
     sufficient amounts to those States able to obligate amounts 
     in addition to those previously distributed during that 
     fiscal year giving priority to those States having large 
     unobligated balances of funds apportioned under sections 104 
     and 144 of title 23, United States Code, under section 160 of 
     title 23, United States Code (as in effect on the day before 
     the date of enactment of this Act), and under section 1015 of 
     the Intermodal Surface Transportation Act of 1991 (105 Stat. 
     1943-1945).
       (e) Applicability of Obligation Limitations to 
     Transportation Research Programs.--Obligation limitations 
     imposed by subsection (a) shall apply to transportation 
     research programs carried out under chapter 3 of title 23, 
     United States Code, and under title VI of this Act.
       (f) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     authority under subsection (c) for each of fiscal years 1998 
     through 2003, the Secretary shall distribute to the States 
     any funds (1) that are authorized to be appropriated for 
     such fiscal year for Federal-aid highway programs (other 
     than the program under section 160 of title 23, United 
     States Code) and for carrying out subchapter I of chapter 
     311 of title 49, United States Code, and chapter 4 of 
     title 23, United States Code, and (2) that the Secretary 
     determines will not be allocated to the States, and will 
     not be available for obligation, in such fiscal year due 
     to the imposition of any obligation limitation for such 
     fiscal year. Such distribution to the States shall be made 
     in the same ratio as the distribution of obligation 
     authority under subsection (c)(6). The funds so 
     distributed shall be available for any purposes described 
     in section 133(b) of title 23, United States Code.
       (g) Special Rule.--Obligation authority distributed for a 
     fiscal year under subsection (c)(4) for a section set forth 
     in subsection (c)(4) shall remain available until used for 
     obligation of funds for such section and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     Federal-aid highway and highway safety construction programs 
     for future fiscal years.
       (h) Increase in Obligation Limit.--Limitations on 
     obligations imposed by subsection (a) for a fiscal year shall 
     be increased by an amount equal to the amount determined 
     pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such 
     increase shall be distributed in accordance with this 
     section.
       (i) 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) $320,000,000 for fiscal year 1998;
       (2) $350,000,000 for fiscal year 1999;
       (3) $370,000,000 for fiscal year 2000;
       (4) $390,000,000 for fiscal year 2001;
       (5) $410,000,000 for fiscal year 2002; and
       (6) $430,000,000 for fiscal year 2003.

     SEC. 1103. APPORTIONMENTS.

       (a) 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 each of the surface 
     transportation program under section 133, the bridge program 
     under section 144, the congestion mitigation and air quality 
     improvement program under section 149, the Interstate and 
     National Highway System program under section 103, the 
     minimum guarantee program under section 105, the Federal 
     lands highway program under section 204, or the 
     Appalachian development highway system program under 
     section 201 of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.), 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--
       ``(A) to administer the provisions of law to be financed 
     from appropriations for the Federal-aid highway program and 
     programs authorized under chapter 2; and
       ``(B) to make transfers of such sums as the Secretary 
     determines to be appropriate to the Appalachian Regional 
     Commission for administrative activities associated with the 
     Appalachian development highway system.
       ``(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.''.
       (b) Apportionments.--Section 104(b) of such title is 
     amended to read as follows:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-aside authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated 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 
     several States in the following manner:
       ``(1) National highway system component.--
       ``(A) In general.--For the National Highway System 
     (excluding funds apportioned under paragraph (4)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands, $18,800,000 for each of fiscal years 1999 through 
     2003 for the Alaska Highway, and the remainder apportioned as 
     follows:
       ``(i) 25 percent in the ratio that--

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

       ``(ii) 35 percent in the ratio that--

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

       ``(iii) 30 percent in the ratio that--

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

       ``(iv) 10 percent in the ratio that--

       ``(I) 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
       ``(II) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.

       ``(B) Minimum apportionment.--Notwithstanding subparagraph 
     (A) and paragraph (4), each State shall receive a minimum of 
     \1/2\ of 1 percent of the funds apportioned under 
     subparagraph (A) and paragraph (4).
       ``(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 
     such subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     such subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under such 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     such 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 such 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 such 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 such 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

[[Page H3797]]

     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) 25 percent of the apportionments in the ratio that--

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

       ``(ii) 40 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) 35 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) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.
       ``(4) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(A) 33\1/3\ percent in the ratio that--
       ``(i) the total lane miles on Interstate System routes open 
     to traffic in each State; bears to
       ``(ii) the total of all such lane miles in all States;
       ``(B) 33\1/3\ percent in the ratio that--
       ``(i) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(I) section 103;
       ``(II) section 139(a) (as in effect on the day before the 
     date of enactment of the Transportation Equity Act for the 
     21st Century) 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
       ``(III) section 139(c) (as in effect on the day before the 
     date of enactment of the Transportation Equity Act for the 
     21st Century);

     in each State; bears to
       ``(ii) the total of all such vehicle miles traveled in all 
     States; and
       ``(C) 33\1/3\ percent in the ratio that--
       ``(i) the total of each State's annual contributions to the 
     Highway Trust Fund (other than the Mass Transit Account) 
     attributable to commercial vehicles; bears to
       ``(ii) the total of such annual contributions by all 
     States.
       (c) Operation Lifesaver and High Speed Rail Corridors.--
     Section 104(d) of such title is amended--
       (1) in paragraph (1) by striking ``The'' and all that 
     follows through ``$300,000 for each'' and inserting ``Before 
     making an apportionment under subsection (b)(3) of this 
     section for a fiscal year, the Secretary shall set aside 
     $500,000 for such''; and
       (2) 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 $5,250,000 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.--Subject to subparagraph (E), 
     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);
       ``(iii) a Gulf Coast high speed railway corridor (as 
     designated by the Secretary);
       ``(iv) a Keystone high speed railway corridor from 
     Philadelphia to Harrisburg, Pennsylvania; and
       ``(v) an Empire State railway corridor from New York City 
     to Albany to Buffalo, New York.
       ``(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) Certain improvements.--Not less than $250,000 of such 
     set-aside shall be available per fiscal year for eligible 
     improvements to the Minneapolis/St. Paul-Chicago segment of 
     the Midwest High Speed Rail Corridor.
       ``(F) Authorization of appropriations.--There is authorized 
     to be appropriated $15,000,000 for each of fiscal years 1999 
     through 2003 to carry out this subsection.''.
       (d) Certification of Apportionments.--Section 104(e) of 
     such title is amended--
       (1) by inserting ``Certification of Apportionments.--'' 
     after ``(e)'';
       (2) by inserting ``(1) In general.--'' before ``On October 
     1'';
       (3) by striking the first parenthetical phrase;
       (4) by striking ``and research'' the first place it 
     appears;
       (5) by striking the second sentence;
       (6) by adding at the end the following:
       ``(2) Notice to states.--If the Secretary has not made an 
     apportionment under section 104, 144, or 157 by the 21st day 
     of a fiscal year beginning after September 30, 1998, the 
     Secretary shall transmit, by such 21st day, to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a written statement of the reason for not 
     making such apportionment in a timely manner.''; and
       (7) by indenting paragraph (1) (as designated by paragraph 
     (2) of this subsection) and aligning such paragraph (1) with 
     paragraph (2) of such section (as added by paragraph (6) of 
     this subsection).
       (e) Metropolitan Planning Set-Aside.--Section 104(f) of 
     such title is amended--
       (1) in paragraph (1) by striking ``Interstate construction 
     and Interstate substitute programs'' and inserting 
     ``recreational trails program''; and
       (2) in paragraph (3) by striking ``120(j) of this title'' 
     and inserting ``120(b)''.
       (f) Recreational Trails Program.--Section 104(h) of such 
     title is amended to read as follows:
       ``(h) Recreational Trails Program.--
       ``(1) Administrative costs.--Whenever an apportionment is 
     made of the sums authorized to be appropriated to carry out 
     the recreational trails program under section 206, the 
     Secretary shall deduct an amount, not to exceed 1\1/2\ 
     percent of the sums authorized, to cover the cost to the 
     Secretary for administration of and research and technical 
     assistance under the recreational trails program and for 
     administration of the National Recreational Trails Advisory 
     Committee. The Secretary may enter into contracts with for-
     profit organizations or contracts, partnerships, or 
     cooperative agreements with other government agencies, 
     institutions of higher learning, or nonprofit organizations 
     to perform these tasks.
       ``(2) Apportionment to the states.--After making the 
     deduction authorized by paragraph (1) of this subsection, the 
     Secretary shall apportion the remainder of the sums 
     authorized to be appropriated for expenditure on the 
     recreational trails program for each fiscal year, among the 
     States in the following manner:
       ``(A) 50 percent of that amount shall be apportioned 
     equally among eligible States.
       ``(B) 50 percent of that amount shall be apportioned among 
     eligible States in amounts proportionate to the degree of 
     non-highway recreational fuel use in each of those States 
     during the preceding year.
       ``(3) Eligible state defined.--In this section, the term 
     `eligible State' means a State that meets the requirements of 
     section 206(c).''.
       (g) Audits of Highway Trust Fund.--Section 104 of such 
     title is amended by striking subsection (i) and inserting the 
     following:
       ``(i) Audits of Highway Trust Fund.--From 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.''.
       (h) Report on Obligations.--Section 104 of such title is 
     amended by striking subsection (j) and inserting the 
     following:
       ``(j) Report to Congress.--The Secretary shall submit to 
     Congress a report for each fiscal year on--
       ``(1) the amount obligated, by each State, for Federal-aid 
     highways and highway safety construction programs during the 
     preceding fiscal year;
       ``(2) the balance, as of the last day of the preceding 
     fiscal year, of the unobligated apportionment of each State 
     by fiscal year under this section and sections 105 and 
     144;
       ``(3) the balance of unobligated sums available for 
     expenditure at the discretion of the Secretary for such 
     highways and programs for the fiscal year; and
       ``(4) the rates of obligation of funds apportioned or set 
     aside under this section and sections 105, 133, and 144, 
     according to--
       ``(A) program;
       ``(B) funding category or subcategory;
       ``(C) type of improvement;
       ``(D) State; and
       ``(E) sub-State geographic area, including urbanized and 
     rural areas, on the basis of the population of each such 
     area.''.
       (i) Transfer of Highway and Transit Funds.--Section 104 of 
     such title is amended by inserting after subsection (j) the 
     following:

[[Page H3798]]

       ``(k) Transfer of Highway and Transit Funds.--
       ``(1) Transfer of highway funds.--Funds made available 
     under this title and transferred for transit projects of a 
     type described in section 133(b)(2) 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 such chapter 
     relating to the non-Federal share shall apply to the 
     transferred funds.
       ``(3) Transfer of obligation authority.--Obligation 
     authority provided for projects described in paragraphs (1) 
     and (2) shall be transferred in the same manner and amount as 
     the funds for the projects are transferred.''.
       (j) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of such title is amended by adding at the 
     end the following:
       ``(l) 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 Transportation Equity 
     Act for the 21st Century and this title.''.
       (k) Technical Amendments.--Section 104(f) of such title is 
     amended--
       (1) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (2) in paragraph (1) by striking ``, except that'' and all 
     that follows through ``programs'';
       (3) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (4) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The'';
       (5) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''; and
       (6) by aligning the remainder of the text of each of 
     paragraphs (1) through (4) with paragraph (5).
       (l) Conforming Amendments.--
       (1) Section 146(a) of such title is amended in the first 
     sentence by striking ``, 104(b)(2), and 104(b)(6)'' and 
     inserting ``and 104(b)(3)''.
       (2) Section 158 of such title 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 ``104(b)(3), and 104(b)(4)''; 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.''.
       (3)(A) Section 115(b)(1) of such title is amended by 
     striking ``104(b)(5)'' and inserting ``104(b)(4)''.
       (B) Section 137(f)(1) of such title is amended by striking 
     ``section 104(b)(5)(B) of this title'' and inserting 
     ``section 104(b)(4)''.
       (C) Section 141(c) of such title is amended by striking 
     ``section 104(b)(5) of this title'' each place it appears and 
     inserting ``section 104(b)(4)''.
       (D) Section 142(c) of such title is amended by striking 
     ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of such title 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 Transportation Equity Act for the 21st 
     Century) 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 Transportation Equity Act for the 
     21st Century)'';
       (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 
     Transportation Equity Act for the 21st Century)'';
       (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 Transportation Equity Act for the 21st 
     Century)''; 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 Transportation Equity Act for the 21st 
     Century)''.
       (F) Section 161(a) of such title is amended by striking 
     ``paragraphs (1), (3), and (5)(B) of section 104(b)'' each 
     place it appears and inserting ``paragraphs (1), (3), and (4) 
     of section 104(b)''.
       (4) Section 142(b) of such title is amended by striking 
     ``paragraph (5) of subsection (b) of section 104 of this 
     title'' and inserting ``section 104(b)(4)''.
       (m) Adjustments for the Surface Transportation Extension 
     Act of 1997.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to section 2(c) of the Surface Transportation 
     Extension Act of 1997, the Secretary shall ensure that the 
     total apportionments for a State (other than Massachusetts) 
     for fiscal year 1998 made under the Transportation Equity Act 
     for the 21st Century (including amendments made by such Act) 
     shall be reduced by the amount apportioned to such State 
     (other than Massachusetts) under section 1003(d)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991.
       (2) Repayment of transferred funds.--The Secretary shall 
     ensure that any apportionments made to a State for fiscal 
     year 1998 and adjusted under paragraph (1) shall first be 
     used to restore in accordance with section 3(c) of the 
     Surface Transportation Extension Act of 1997 any funds that a 
     State transferred under section 3 of such Act.
       (3) Insufficient funds for repayment.--If a State has 
     insufficient funds apportioned in fiscal year 1998 under the 
     Transportation Equity Act for the 21st Century (including 
     amendments made by such Act) to make the adjustment required 
     by paragraph (1), then the Secretary shall make an adjustment 
     to any funds apportioned to such State in fiscal year 1999.
       (4) Allocated programs.--Notwithstanding any other 
     provision of law, amounts made available for fiscal year 1998 
     by the Transportation Equity Act for the 21st Century 
     (including amendments made by such Act) for a program that is 
     continued by both of sections 4, 5, 6, and 7 of the Surface 
     Transportation Extension Act of 1997 (including amendments 
     made by such sections) and the Transportation Equity Act for 
     the 21st Century (including amendments made by such Act) 
     shall be reduced by the amount made available by such 
     sections 4, 5, 6, and 7 for such programs.
       (5) Treatment of STEA obligation authority.--The amount of 
     obligation authority made available under section 2(e) of the 
     Surface Transportation Extension Act of 1997 shall be 
     considered to be an amount of obligation authority made 
     available for fiscal year 1998 under section 1102(a) of this 
     Act.
       (n) State Defined.--For the purposes of apportioning funds 
     under sections 104, 105, 144, and 206, the term ``State'' 
     means any of the 50 States and the District of Columbia.

     SEC. 1104. MINIMUM GUARANTEE.

       (a) In General.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) General Rule.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that each State's percentage of the 
     total apportionments for such fiscal year of Interstate 
     maintenance, national highway system, bridge, congestion 
     mitigation and air quality improvement, surface 
     transportation, metropolitan planning, minimum guarantee, 
     high priority projects, Appalachian development highway 
     system, and recreational trails programs shall equal the 
     percentage listed for each State in subsection (b).
       ``(b) State Percentages.--The percentage for each State 
     referred to in subsection (a) shall be determined in 
     accordance with the following table:

``States:                                                    Percentage
  Alabama.......................................................2.0269 
  Alaska........................................................1.1915 
  Arizona.......................................................1.5581 
  Arkansas......................................................1.3214 
  California....................................................9.1962 
  Colorado......................................................1.1673 
  Connecticut...................................................1.5186 
  Delaware......................................................0.4424 
  District of Columbia..........................................0.3956 
  Florida.......................................................4.6176 
  Georgia.......................................................3.5104 
  Hawaii........................................................0.5177 
  Idaho.........................................................0.7718 
  Illinois......................................................3.3819 
  Indiana.......................................................2.3588 
  Iowa..........................................................1.2020 
  Kansas........................................................1.1717 
  Kentucky......................................................1.7365 
  Louisiana.....................................................1.5900 
  Maine.........................................................0.5263 
  Maryland......................................................1.5087 
  Massachusetts.................................................1.8638 
  Michigan......................................................3.1535 
  Minnesota.....................................................1.4993 
  Mississippi...................................................1.2186 
  Missouri......................................................2.3615 
  Montana.......................................................0.9929 
  Nebraska......................................................0.7768 
  Nevada........................................................0.7248 
  New Hampshire.................................................0.5163 
  New Jersey....................................................2.5816 
  New Mexico....................................................0.9884 
  New York......................................................5.1628 
  North Carolina................................................2.8298 
  North Dakota..................................................0.6553 
  Ohio..........................................................3.4257 
  Oklahoma......................................................1.5419 
  Oregon........................................................1.2183 
  Pennsylvania..................................................4.9887 
  Rhode Island..................................................0.5958 
  South Carolina................................................1.5910 
  South Dakota..................................................0.7149 
  Tennessee.....................................................2.2646 
  Texas.........................................................7.2131 
  Utah..........................................................0.7831 
  Vermont.......................................................0.4573 
  Virginia......................................................2.5627 
  Washington....................................................1.7875 
  West Virginia.................................................1.1319 
  Wisconsin.....................................................1.9916 
  Wyoming.......................................................0.6951 
       ``(c) Treatment of Funds.--
       ``(1) Programmatic distribution.--The Secretary shall 
     apportion 50 percent of the amounts made available under this 
     section that exceed $2,800,000,000 so that the amount 
     apportioned to each State under this paragraph for each 
     program referred to in subsection (a) (other than

[[Page H3799]]

     metropolitan planning, minimum guarantee, high priority 
     projects, Appalachian development highway system, and 
     recreational trails programs) is equal to the amount 
     determined by multiplying the amount to be apportioned 
     under this paragraph by the ratio that--
       ``(A) the amount of funds apportioned to each State for 
     each program referred to in subsection (a) for a fiscal year; 
     bears to
       ``(B) the total amount of funds apportioned to all States 
     for such program for such fiscal year.
       ``(2) Remaining distribution.--The Secretary shall 
     apportion the remainder of funds made available under this 
     section to the States in accordance with section 104(b)(3); 
     except that requirements of paragraphs (1), (2), and (3) of 
     section 133(d) shall not apply to amounts apportioned 
     pursuant to this paragraph.
       ``(d) Authorization.--There are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account) such sums as may be necessary to carry 
     out this section for each of fiscal years 1998 through 2003.
       ``(e) Special Rule.--If in any of fiscal years 1999 through 
     2003, the amount authorized under subsection (d) is more than 
     30 percent higher than the amount authorized under subsection 
     (d) in fiscal year 1998, the Secretary shall use the 
     apportionment factors under sections 104 and 144 as in effect 
     on the date of enactment of this section.
       ``(f) Guarantee of 90.5 Return.--
       ``(1) In general.--Before making any apportionment under 
     this title for each of fiscal years 1999 through 2003, the 
     Secretary, subject to paragraph (2), shall adjust the 
     percentages in the table in subsection (b) to reflect the 
     estimated percentage of 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 is available, to ensure that no 
     State's return from such Trust Fund is less than 90.5 
     percent.
       ``(2) Eligibility threshold for initial adjustment.--The 
     Secretary may make an adjustment under paragraph (1) for a 
     State for a fiscal year only if the State's return from the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the preceding fiscal year was equal to or less than 90.5 
     percent.
       ``(3) Conforming adjustments.--After making any adjustments 
     under paragraph (1) for a fiscal year, the Secretary shall 
     adjust the remaining percentages in the table set forth in 
     subsection (b) to ensure that the total of the percentages in 
     the table do not exceed 100 percent for such fiscal year.
       ``(4) Limitation on adjustments.--After making any 
     adjustments under paragraph (3) for a fiscal year, the 
     Secretary shall determine whether or not any State's return 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) is less than 90.5 percent as a result of such 
     adjustments and shall adjust the percentages in the table for 
     such fiscal year accordingly. Adjustments of the percentages 
     in the table under this paragraph may not result in the total 
     of such percentages exceeding 100 percent.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by striking the item relating to 
     section 105 and inserting the following:

``105. Minimum guarantee.''.

     SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by striking section 110 and inserting the 
     following:

     ``Sec. 110. Revenue aligned budget authority

       ``(a) Determination of Amount.--On October 15 of fiscal 
     year 1999, and each fiscal year thereafter, the Secretary 
     shall allocate an amount of funds equal to the amount 
     determined pursuant to section 251(b)(1)(B)(I)(cc) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(B)(I)(cc)).
       ``(b) General Distribution.--The Secretary shall--
       ``(1) determine the ratio that--
       ``(A) the sums authorized to be appropriated from the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     each of the for Federal-aid highway and highway safety 
     construction programs (other than the minimum guarantee 
     program) for which funds are allocated from such Trust Fund 
     by the Secretary under this title and the Transportation 
     Equity Act for the 21st Century for a fiscal year, bears to
       ``(B) the total of all sums authorized to be appropriated 
     from such Trust Fund for such programs for such fiscal year;
       ``(2) multiply the ratio determined under paragraph (1) by 
     the total amount of funds to be allocated under subsection 
     (a) for such fiscal year;
       ``(3) allocate the amount determined under paragraph (2) 
     among such programs in the ratio that--
       ``(A) the sums authorized to be appropriated from such 
     Trust Fund for each of such programs for such fiscal year, 
     bears to
       ``(B) the sums authorized to be appropriated from such 
     Trust Fund for all such programs for such fiscal year; and
       ``(4) allocate the remainder of the funds to be allocated 
     under subsection (a) for such fiscal year to the States in 
     the ratio that--
       ``(A) the total of all funds authorized to be appropriated 
     from such Trust Fund for Federal-aid highway and highway 
     safety construction programs that are apportioned to each 
     State for such fiscal year but for this section, bears to
       ``(B) the total of all funds authorized to be appropriated 
     from such Trust Fund for such programs that are apportioned 
     to all States for such fiscal year but for this section.
       ``(c) State Programmatic Distribution.--Of the funds to be 
     apportioned to each State under subsection (b)(4) for a 
     fiscal year, the Secretary shall ensure that such funds are 
     apportioned for the Interstate maintenance program, the 
     National Highway System program, the bridge program, the 
     surface transportation program, and the congestion mitigation 
     air quality improvement program in the same ratio that each 
     State is apportioned funds for such programs for such fiscal 
     year but for this section.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) such sums as may be 
     necessary to carry out this section for fiscal years 
     beginning after September 30, 1998.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by striking the item relating to 
     section 110 and inserting the following:

``110. Revenue aligned budget authority.''.

     SEC. 1106. FEDERAL-AID SYSTEMS.

       (a) Administration of National Highway System and 
     Interstate Maintenance Program.--The Secretary shall 
     administer the National Highway System program and the 
     Interstate Maintenance program as a combined program for 
     purposes of allowing States maximum flexibility. 
     References in this Act and title 23, United States Code, 
     shall not be affected by such consolidation.
       (b) Federal-Aid Systems.--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 
     the highway routes and connections to 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. The system 
     shall--
       ``(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 described in 
     paragraph (1) 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.
       ``(5) Congressional high priority corridors.--Upon the 
     completion of feasibility studies, the Secretary shall add to 
     the National Highway System any congressional high priority 
     corridor or any segment of such a corridor established by 
     section 1105 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031 et seq.) that was not 
     identified on the National Highway System described in 
     paragraph (1).
       ``(6) Eligible projects for nhs.--Subject to approval by 
     the Secretary, funds apportioned to a State under section 
     104(b)(1) 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, and 
     construction of a transit project eligible for assistance 
     under chapter 53 of title 49, if--

[[Page H3800]]

       ``(i) the highway or transit 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 bus terminals.
       ``(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 assistance under section 133, any airport, and 
     any seaport.
       ``(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 designed, located, and selected in accordance 
     with this paragraph.
       ``(B) Design.--
       ``(i) In general.--Except as provided in clause (ii), 
     highways on the Interstate System shall be designed in 
     accordance with the standards of section 109(b).
       ``(ii) Exception.--Highways on the Interstate System in 
     Alaska and Puerto Rico shall be designed 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.
       ``(C) Location.--Highways on the Interstate System shall be 
     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.
       ``(D) 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.
       ``(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) if the highway met all standards of a 
     highway on 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 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 such 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.--Except as provided in this 
     title, the designation of a highway under this paragraph 
     shall create no additional Federal financial responsibility 
     with respect to the highway.
       ``(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 
     Transportation Equity Act for the 21st Century), 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 not be eligible for funding under section 
     104(b)(5)(A) (as in effect on the day before the date of 
     enactment of the Transportation Equity Act for the 21st 
     Century) or 118(c).
       ``(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 
     Transportation Equity Act for the 21st Century), 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.''.
       (b) Unobligated Balances of Interstate Substitute Funds.--
     Unobligated balances of funds apportioned to a State under 
     section 103(e)(4)(H) of title 23, United States Code (as in 
     effect on the day before the date of enactment of this Act), 
     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.
       (c) Conforming Amendments.--
       (1)(A) 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),'';
       (B) Section 118 of such title is amended--
       (i) by striking subsection (d); and
       (ii) by redesignating subsections (e) and (f) as 
     subsections (d) and (e), respectively.
       (C) Section 129(b) of such title 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 such title, and the item relating to 
     such section in the analysis for chapter 1 of such title, are 
     repealed.
       (B) Section 127(f) of such title is amended by striking 
     ``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
       (C) 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.''.

[[Page H3801]]

       (d) Intermodal Freight Connectors Study.--
       (1) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall--
       (A) review the condition of and improvements made, since 
     the designation of the National Highway System, to connectors 
     on the National Highway System that serve seaports, airports, 
     and other intermodal freight transportation facilities; and
       (B) report to Congress on the results of such review.
       (2) Review.--In preparing the report, the Secretary shall 
     review the connectors and identify projects carried out on 
     those connectors that were intended to provide and improve 
     service to an intermodal facility referred to in paragraph 
     (1) and to facilitate the efficient movement of freight, 
     including movements of freight between modes.
       (3) Identification of impediments.--If the Secretary 
     determines on the basis of the review that there are 
     impediments to improving the connectors serving intermodal 
     facilities referred to in paragraph (1), the Secretary shall 
     identify such impediments and make any appropriate 
     recommendations as part of the Secretary's report to Congress 
     under this subsection.

     SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.

       (a) In General.--Section 119 of title 23, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Projects.--The Secretary may approve projects for 
     resurfacing, restoring, rehabilitating, and reconstructing--
       ``(A) routes on the Interstate System designated under 
     section 103(c)(1) and, in Alaska and Puerto Rico, under 
     section 103(c)(4)(A);
       ``(B) routes on the Interstate System designated before the 
     date of enactment of the Transportation Equity Act for the 
     21st Century under subsections (a) and (b) of section 139 (as 
     in effect on the day before the date of enactment of such 
     Act); and
       ``(C) any segments that become part of the Interstate 
     System under section 1105(e)(5) of the Intermodal Surface 
     Transportation Efficiency Act of 1991.
       ``(2) Toll roads.--The Secretary may approve a project 
     pursuant to this subsection on a toll road only if such road 
     is subject to a Secretarial agreement provided for in section 
     129 or continued in effect by section 1012(d) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1939) and not voided by the Secretary under section 
     120(c) of the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (101 Stat. 159).
       ``(3) Funding.--Sums authorized to be appropriated to carry 
     out this section shall be out of the Highway Trust Fund and 
     shall be apportioned in accordance with section 104(b)(4).'';
       (2) by striking subsections (b), (c), and (e); and
       (3) by redesignating subsections (d), (f), and (g) as 
     subsections (b), (c), and (d), respectively.
       (b) Set-Asides for Interstate Discretionary Projects.--
     Section 118(c) of such title is amended to read as follows:
       ``(c) Set-Asides for Interstate Discretionary Projects.--
       ``(1) In general.--Before any apportionment is made under 
     section 104(b)(4), the Secretary shall set aside $50,000,000 
     in fiscal year 1998 and $100,000,000 in each of fiscal years 
     1999 through 2003 for obligation by the Secretary for 
     projects for resurfacing, restoring, rehabilitating, and 
     reconstructing any route or portion thereof on the Interstate 
     System (other than any highway designated as a part of the 
     Interstate System under section 139 (as in effect on the day 
     before the date of enactment of the Transportation Equity Act 
     for the 21st Century) and any toll road on the Interstate 
     System not subject to an agreement under section 119(e) (as 
     in effect on December 17, 1991).
       ``(2) Selection criteria.--The amounts set aside under 
     paragraph (1) shall be made available by the Secretary to any 
     State applying for such funds if the Secretary determines 
     that--
       ``(A) the State has obligated or demonstrates that it will 
     obligate in the fiscal year all of its apportionments under 
     section 104(b)(4) other than an amount that, by itself, is 
     insufficient to pay the Federal share of the cost of a 
     project for resurfacing, restoring, rehabilitating, and 
     reconstructing the Interstate System that has been submitted 
     by the State to the Secretary for approval; and
       ``(B) the applicant is willing and able to--
       ``(i) obligate the funds within 1 year of the date the 
     funds are made available;
       ``(ii) apply the funds to a ready-to-commence project; and
       ``(iii) in the case of construction work, begin work within 
     90 days after obligation.
       ``(3) Priority consideration for certain projects.--In 
     selecting projects to fund under paragraph (1), the Secretary 
     shall give priority consideration to any project the cost of 
     which exceeds $10,000,000 on any high volume route in an 
     urban area or a high truck-volume route in a rural area.
       ``(4) Period of availability of discretionary funds.--Sums 
     made available pursuant to this subsection shall remain 
     available until expended.''.
       (c) Interstate Needs.--
       (1) Study.--The Secretary shall conduct, in cooperation 
     with States and affected metropolitan planning organizations, 
     a study to determine--
       (A) the expected condition of the Interstate System over 
     the next 10 years and the needs of States and metropolitan 
     planning organizations to reconstruct and improve the 
     Interstate System;
       (B) the resources necessary to maintain and improve the 
     Interstate System; and
       (C) the means to ensure that the Nation's surface 
     transportation program can--
       (i) address the needs identified in subparagraph (A); and
       (ii) allow for States to address any extraordinary needs.
       (2) Report.--Not later than January 1, 2000, the Secretary 
     shall transmit to Congress a report on the results of the 
     study.

     SEC. 1108. SURFACE TRANSPORTATION PROGRAM.

       (a) Eligibility of Projects.--Section 133(b) of title 23, 
     United States Code, is amended--
       (1) in paragraph (1) by inserting after ``magnesium 
     acetate'' the following: ``, sodium acetate/formate, or other 
     environmentally acceptable, minimally corrosive anti-icing 
     and de-icing compositions'';
       (2) 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'';
       (3) 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.)'';
       (4) in paragraph (4) by inserting ``infrastructure'' after 
     ``safety'';
       (5) in paragraph (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) 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
       (7) by adding at the end the following:
       ``(13) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(14) 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.''.
       (b) Transportation Enhancement Activities.--Section 133 of 
     such title is amended--
       (1) in subsection (d)(3)(D) by striking ``any State'' and 
     all that follows through the period at the end and inserting 
     ``Hawaii and Alaska''; 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) Cost sharing.--
       ``(i) Required aggregate non-federal share.--The average 
     annual non-Federal share of the total cost of all projects to 
     carry out transportation enhancement activities in a State 
     for a fiscal year shall be not less than the non-Federal 
     share authorized for the State under section 120(b).
       ``(ii) Innovative financing.--Subject to clause (i), 
     notwithstanding section 120--

       ``(I) funds from other Federal agencies and the value of 
     other contributions (as determined by the Secretary) may be 
     credited toward the non-Federal share of the costs of a 
     project to carry out a transportation enhancement activity;
       ``(II) the non-Federal share for such a project may be 
     calculated on a project, multiple-project, or program basis; 
     and
       ``(III) the Federal share of the cost of an individual 
     project to which subclause (I) or (II) applies may be up to 
     100 percent.''.

       (c) Program Approval.--Section 133(e) of such title 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.--Each State shall 
     request from the Secretary such adjustments to the amount of 
     obligations referred to in subparagraph (A)(ii) as the 
     State determines to be necessary.
       ``(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

[[Page H3802]]

     States to pay surface transportation program funds made 
     available under this title.''.
       (d) Payments.--Section 133(e)(3)(A) of such title is 
     amended by striking the second sentence.
       (e) Surface Transportation Program Obligations in Urban 
     Areas.--Section 133 of such title is amended to read as 
     follows:
       ``(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 period of fiscal years 1998 through 2000 and the period 
     of fiscal years 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 
     the period; and
       ``(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).''.
       (f) Division of STP Funds for Areas of Less Than 5,000 
     Population.--
       (1) Special rule.--Notwithstanding section 133(c) of title 
     23, United States Code, and except as provided in paragraph 
     (2), up to 15 percent of the amounts required to be obligated 
     under section 133(d)(3)(B) of such title for each of fiscal 
     years 1998 through 2003 may be obligated on roads 
     functionally classified as minor collectors.
       (2) Suspension.--The Secretary may suspend the application 
     of paragraph (1) if the Secretary determines that paragraph 
     (1) is being used excessively.
       (g) Encouragement of Use of Youth Conservation or Service 
     Corps.--The Secretary shall encourage the States to enter 
     into contracts and cooperative agreements with qualified 
     youth conservation or service corps to perform appropriate 
     transportation enhancement activities under chapter 1 of 
     title 23, United States Code.

     SEC. 1109. HIGHWAY BRIDGE PROGRAM.

       (a) Apportionment Formula.--Section 144(e) of title 23, 
     United States Code, is amended in the fourth sentence by 
     inserting before the period at the end the following: ``, 
     and, if a State transfers funds apportioned to the State 
     under this section in a fiscal year beginning after September 
     30, 1997, to any other apportionment of funds to such State 
     under this title, the total cost of deficient bridges in such 
     State and in all States to be determined for the succeeding 
     fiscal year shall be reduced by the amount of such 
     transferred funds''.
       (b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of 
     such title is amended--
       (1) by inserting ``(A) Fiscal years 1992 through 1997.--'' 
     before ``Of the amounts'';
       (2) by adding at the end the following:
       ``(B) Fiscal year 1998.--Of the amounts authorized to be 
     appropriated to carry out the bridge program under this 
     section for fiscal year 1998, all but $25,000,000 shall be 
     apportioned as provided in subsection (e) of this section. 
     Such $25,000,000 shall be available only for projects for the 
     seismic retrofit of a bridge described in subsection (l).
       ``(C) Fiscal years 1999 through 2003.--Of the amounts 
     authorized to be appropriated to carry out the bridge program 
     under this section for each of fiscal years 1999 through 
     2003, all but $100,000,000 shall be apportioned as provided 
     in subsection (e). Such $100,000,000 shall be available at 
     the discretion of the Secretary; except that not to exceed 
     $25,000,000 shall be available only for projects for the 
     seismic retrofit of bridges, including projects in the New 
     Madrid fault region.''; and
       (3) by indenting subparagraph (A) (as designated by 
     paragraph (1) of this subsection) and aligning such 
     subparagraph (A) with subparagraphs (B) and (C) of such 
     section (as added by paragraph (2) of this subsection).
       (c) Off-System Bridge Set-Aside.--Section 144(g)(3) of such 
     title is amended--
       (1) by striking ``, 1988'' and all that follows through 
     ``1997,'' and inserting ``through 2003''; and
       (2) by striking ``system'' each place it appears and 
     inserting ``highway''.
       (d) Eligibility.--Section 144 of title 23, United States 
     Code, is amended--
       (1) in subsection (d) by inserting after ``magnesium 
     acetate'' the following: ``, sodium acetate/formate, or other 
     environmentally acceptable, minimally corrosive anti-icing 
     and de-icing compositions or installing scour 
     countermeasures'';
       (2) in subsection (d) by inserting after ``such acetate'' 
     each place it appears the following: ``or sodium acetate/
     formate or such anti-icing or de-icing composition or 
     installation of such countermeasures''; and
       (3) in subsection (g)(3) by inserting after ``magnesium 
     acetate'' the following: ``, sodium acetate/formate, or other 
     environmentally acceptable, minimally corrosive anti-icing 
     and de-icing compositions or install scour countermeasures''.
       (e) Conforming Amendment.--Section 144(n) of such title is 
     amended by striking ``system'' and inserting ``highway''.

     SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                   PROGRAM.

       (a) Establishment of Program.--Section 149(a) of title 23, 
     United States Code, is amended by inserting after 
     ``establish'' the following: ``and implement''.
       (b) Currently Eligible Projects.--Section 149(b) of such 
     title is amended--
       (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 
     the following: ``that is or was designated as a nonattainment 
     area for ozone, carbon monoxide, or particulate matter under 
     section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and 
     classified pursuant to section 181(a), 186(a), 188(a), or 
     188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 
     7513(a), or 7513(b)) or is or was designated as a 
     nonattainment area under such section 107(d) after December 
     31, 1997,'';
       (2) in paragraph (1)(A) by striking ``clauses (xii) and''; 
     and inserting ``clause'';
       (3) in paragraph (1)(A)(ii) by striking ``an area'' and all 
     that follows through the semicolon and inserting ``a 
     maintenance area;'';
       (4) by striking ``or'' at the end of paragraph (3);
       (5) by striking ``standard.'' at the end of paragraph (4) 
     and inserting ``standard; or''; and
       (6) by inserting after paragraph (4) the following:
       ``(5) if the program or project improves traffic flow, 
     including projects to improve signalization, construct high 
     occupancy vehicle lanes, improve intersections, and implement 
     intelligent transportation system strategies and such other 
     projects that are eligible for assistance under this section 
     on the day before the date of enactment of this paragraph.''.
       (c) States Receiving Minimum Apportionment.--Section 149 of 
     such title 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) Public-Private Partnerships.--
       (1) In general.--Section 149 of such title 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, including infrastructure that would support 
     the development, production, and use of emerging technologies 
     that reduce emissions of air pollutants from motor vehicles, 
     and other capital investments associated with the project;
       ``(B) shall include only the incremental cost of an 
     alternative fueled vehicle, as compared to a conventionally 
     fueled vehicle, that would otherwise be borne by a private 
     party; and
       ``(C) shall 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.''.
       (2) Determination by the secretary.--For the purposes of 
     section 149(c) of title 23, United States Code, the Secretary 
     shall determine in accordance with the procedures specified 
     in section 149(b) of such title whether water-phased 
     hydrocarbon fuel emulsion technologies that consist of a 
     hydrocarbon base and water in an amount not less than 20 
     percent by volume that reduce emissions of hydrocarbon, 
     particulate matter, carbon monoxide, or nitrogen oxide from 
     motor vehicles.
       (e) Study of CMAQ Program.--
       (1) In general.--The Secretary and the Administrator of the 
     Environmental Protection

[[Page H3803]]

     Agency shall enter into arrangements with the National 
     Academy of Sciences to complete, by not later than January 1, 
     2001, a study of the congestion mitigation and air quality 
     improvement program under section 149 of title 23, United 
     States Code. The study shall, at a minimum--
       (A) evaluate the air quality impacts of emissions from 
     motor vehicles;
       (B) evaluate the negative effects of traffic congestion, 
     including the economic effects of time lost due to 
     congestion;
       (C) determine the amount of funds obligated under the 
     program and make a comprehensive analysis of the types of 
     projects funded under the program;
       (D) evaluate the emissions reductions attributable to 
     projects of various types that have been funded under the 
     program;
       (E) assess the effectiveness, including the quantitative 
     and non-quantitative benefits, of projects funded under the 
     program and include, in the assessment, an estimate of the 
     cost per ton of pollution reduction;
       (F) assess the cost effectiveness of projects funded under 
     the program with respect to congestion mitigation;
       (G) compare--
       (i) the costs of achieving the air pollutant emissions 
     reductions achieved under the program; to
       (ii) the costs that would be incurred if similar reductions 
     were achieved by other measures, including pollution controls 
     on stationary sources;
       (H) include recommendations on improvements, including 
     other types of projects, that will increase the overall 
     effectiveness of the program;
       (I) include recommendations on expanding the scope of the 
     program to address traffic-related pollutants that, as of the 
     date of the study, are not addressed by the program.
       (2) Report.--Not later than January 1, 2000, the National 
     Academy of Sciences shall transmit to the Secretary, the 
     Committee on Transportation and Infrastructure and the 
     Committee on Commerce of the House of Representatives, and 
     the Committee on Environment and Public Works of the Senate a 
     report on the results of the study with recommendations for 
     modifications to the congestion mitigation and air quality 
     improvement program in light of the results of the study.
       (3) Funding.--Before making the apportionment of funds 
     under section 104(b)(2) of title 23, United States Code, for 
     each of fiscal years 1999 and 2000, the Secretary shall 
     deduct from the amount to be apportioned under such section 
     for such fiscal year, and make available, $500,000 for such 
     fiscal year to carry out this subsection.

     SEC. 1111. FEDERAL SHARE.

       (a) State-Determined Lower Federal Share.--Section 120 of 
     title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Except'' and inserting the following:
       ``(1) In general.--Except'';
       (B) by adding at the end the following:
       ``(2) State-determined lower federal share.--In the case of 
     any project subject to paragraph (1), a State may determine a 
     lower Federal share than the Federal share determined under 
     such paragraph.''; and
       (C) by aligning the remainder of the text of paragraph (1) 
     (as designated by subparagraph (A) of this paragraph) with 
     paragraph (2) of such subsection (as added by subparagraph 
     (B) of this paragraph); and
       (2) in subsection (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.''.
       (b) Increased Federal Share for Certain Safety Projects.--
     The first sentence of section 120(c) of such title is amended 
     by inserting ``or transit vehicles'' after ``emergency 
     vehicles''.
       (c) Credit for Non-Federal Share.--Section 120 of such 
     title is amended by adding at the end the following:
       ``(j) Credit for Non-Federal Share.--
       ``(1) Eligibility.--A State may use as a credit toward the 
     non-Federal share requirement for any funds made available to 
     carry out this title (other than the emergency relief program 
     authorized by section 125) or chapter 53 of title 49 toll 
     revenues that are generated and used by public, quasi-public, 
     and private agencies to build, improve, or maintain highways, 
     bridges, or tunnels that serve the public purpose of 
     interstate commerce. Such public, quasi-public, or private 
     agencies shall have built, improved, or maintained such 
     facilities without Federal funds.
       ``(2) Maintenance of effort.--
       ``(A) In general.--The credit for any non-Federal share 
     provided under this subsection shall not reduce nor replace 
     State funds required to match Federal funds for any program 
     under this title.
       ``(B) Condition on receipt of credit.--To receive a credit 
     under paragraph (1) for a fiscal year, a State shall enter 
     into such agreement as the Secretary may require to ensure 
     that the State will maintain its non-Federal transportation 
     capital expenditures in such fiscal year at or above the 
     average level of such expenditures for the preceding 3 fiscal 
     years; except that 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 130 percent 
     of the average level of such expenditures for the other 2 of 
     the preceding 3 fiscal years, the agreement shall ensure that 
     the State will maintain its non-Federal transportation 
     capital expenditures in the fiscal year of the credit at or 
     above the average level of such expenditures for the other 2 
     fiscal years.
       ``(C) Transportation capital expenditures defined.--In 
     subparagraph (B), the term `non-Federal transportation 
     capital expenditures' includes any payments made by the State 
     for issuance of transportation-related bonds.
       ``(3) Treatment.--
       ``(A) Limitation on liability.--Use of a credit for a non-
     Federal share under this subsection that is received from a 
     public, quasi-public, or private agency--
       ``(i) shall not expose the agency to additional liability, 
     additional regulation, or additional administrative 
     oversight; and
       ``(ii) shall not subject the agency to any additional 
     Federal design standards or laws (including regulations) as a 
     result of providing the non-Federal share other than those to 
     which the agency is already subject.
       ``(B) Chartered multistate agencies.--When a credit that is 
     received from a chartered multistate agency is applied to a 
     non-Federal share under this subsection, such credit shall be 
     applied equally to all charter States.''.
       (d) Conforming Amendments.--Section 130(a) of such title is 
     amended--
       (1) 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
       (2) 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. 1112. 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.--In this section, the following 
     definitions apply:
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail.--The term `recreational 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.
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) the Governor of the State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments made to the State under this section; and
       ``(2) the State shall establish a State recreational trail 
     advisory committee that represents both motorized and 
     nonmotorized recreational trail users, which shall meet not 
     less often than once per fiscal year.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds apportioned to a State to carry 
     out this section shall be obligated for recreational trails 
     and related projects that--
       ``(A) have been planned and developed under the laws, 
     policies, and administrative procedures of the State; and
       ``(B) are identified in, or further a specific goal of, a 
     recreational trail plan, or 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.), that is in 
     effect.
       ``(2) Permissible uses.--Permissible uses of funds 
     apportioned to a State for a fiscal year to carry out this 
     section include--
       ``(A) maintenance and restoration of existing recreational 
     trails;
       ``(B) development and rehabilitation of trailside and 
     trailhead facilities and trail linkages for recreational 
     trails;
       ``(C) purchase and lease of recreational trail construction 
     and maintenance equipment;
       ``(D) construction of new recreational trails, except that, 
     in the case of new recreational trails crossing Federal 
     lands, construction of the trails shall be--
       ``(i) permissible under other law;
       ``(ii) necessary and required by a statewide comprehensive 
     outdoor recreation plan that is required by the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.) and that is in effect;
       ``(iii) approved by the administering agency of the State 
     designated under subsection (c)(1); and
       ``(iv) approved by each Federal agency having jurisdiction 
     over the affected lands under such terms and conditions as 
     the head of the Federal agency determines to be appropriate, 
     except that the 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.);
       ``(E) acquisition of easements and fee simple title to 
     property for recreational trails or recreational 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 made to the State for the fiscal 
     year to carry out this section; and

[[Page H3804]]

       ``(G) operation of educational programs to promote safety 
     and environmental protection as those objectives relate to 
     the use of recreational trails, but in an amount not to 
     exceed 5 percent of the apportionment made to the State for 
     the fiscal year.
       ``(3) Use of apportionments.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), of the apportionments made to a State for a 
     fiscal year to carry out this section--
       ``(i) 40 percent shall be used for recreational trail or 
     related projects that facilitate diverse recreational trail 
     use within a recreational 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 shall be exempt from the 
     requirements of clauses (ii) and (iii) of subparagraph (A).
       ``(C) Waiver authority.--A State recreational trail 
     advisory committee established under subsection (c)(2), may 
     waive, in whole or in part, the requirements of clauses (ii) 
     and (iii) of subparagraph (A) if the State recreational trail 
     advisory committee determines and notifies the Secretary that 
     the State does not have sufficient projects to meet the 
     requirements of clauses (ii) and (iii) 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).
       ``(4) Grants.--
       ``(A) In general.--A State may use funds apportioned to the 
     State to carry out this section to make grants to private 
     organizations, municipal, county, State, and Federal 
     government entities, and other government entities as 
     approved by the State after considering guidance from the 
     State recreational trail advisory committee established under 
     subsection (c)(2), for uses consistent with this section.
       ``(B) Compliance.--A State that makes grants under 
     subparagraph (A) shall establish measures to verify that 
     recipients of the grants comply with the conditions of the 
     program for the use of grant funds.
       ``(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 recreational 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 of the cost of a 
     project under this section; and
       ``(B) the share attributable to the Secretary and the 
     Federal agency may not exceed 95 percent of the cost of a 
     project under this section.
       ``(3) Use of funds from federal programs to provide non-
     federal share.--Notwithstanding any other provision of law, 
     the non-Federal share of the cost of the project may include 
     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.
       ``(4) Programmatic non-federal share.--A State may allow 
     adjustments to the non-Federal share of an individual project 
     for a fiscal year 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 the 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 to carry out 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 designated 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 designated 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 recreational trails predominantly 
     used by nonmotorized recreational trail users and on which, 
     as of May 1, 1991, motorized use was prohibited or had 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 apportioned to the State to carry out 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 to carry out 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) Contract Authority.--Funds authorized to carry out 
     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 a project under 
     this section shall be determined in accordance with this 
     section.''.
       (b) Conforming Amendment.--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.''.

       (c) Repeal of Obsolete Provision.--Section 1302 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (16 
     U.S.C. 1261) is repealed.
       (d) Termination of Advisory Committee.--Section 1303 of 
     such Act (16 U.S.C. 1262) is amended by adding at the end the 
     following:
       ``(j) Termination.--The advisory committee established by 
     this section shall terminate on September 30, 2000.''.
       (e) Encouragement of Use of Youth Conservation or Service 
     Corps.--The Secretary shall encourage the States to enter 
     into contracts and cooperative agreements with qualified 
     youth conservation or service corps to perform construction 
     and maintenance of recreational trails under section 206 of 
     title 23, United States Code.

     SEC. 1113. 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 such title is 
     amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (d), (e), and (f), respectively;
       (2) by striking subsection (a) and inserting 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 authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) such sums as may be 
     necessary to establish the fund authorized by this section 
     and to replenish it on an annual basis:
       ``(1) Not more than $100,000,000 is authorized to be 
     obligated in any 1 fiscal year commencing after September 30, 
     1980, to carry out the provisions of this section; except 
     that, if in any fiscal year the total of all obligations 
     under this section is less than the amount authorized to be 
     obligated in such fiscal year, the unobligated balance of 
     such amount shall remain available until expended and shall 
     be in addition to amounts otherwise available to carry out 
     this section each year.
       ``(2) Pending such appropriation or replenishment, the 
     Secretary may obligate from any

[[Page H3805]]

     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. Funds 
     obligated under this paragraph shall be reimbursed from such 
     appropriation or replenishment.'';
       (3) in subsection (d) (as so redesignated)--
       (A) in the first sentence by striking ``reconstruction of 
     highways'' and all that follows through ``in accordance'' and 
     inserting ``reconstruction of highways on Federal-aid 
     highways in accordance'';
       (B) by striking ``subsection (c)'' both places it appears 
     and inserting ``subsection (e)'';
       (C) in the second sentence by striking ``authorized'' and 
     all that follows through the period and inserting 
     ``authorized on Federal-aid highways.''; and
       (D) in the last sentence by striking ``Disaster Relief and 
     Emergency Assistance Act (Public Law 93-288)'' and inserting 
     ``Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)''; and
       (4) in subsection (e) (as so redesignated) by striking ``on 
     any of the Federal-aid highway systems'' and inserting 
     ``Federal-aid highways''.
       (c) San Mateo County, California.--Notwithstanding any 
     other provision of law, a project to repair or reconstruct 
     any portion of a Federal-aid primary route in San Mateo 
     County, California, that--
       (1) was destroyed as a result of a combination of storms in 
     the winter of 1982-1983 and a mountain slide; and
       (2) until its destruction, served as the only reasonable 
     access route between 2 cities and as the designated emergency 
     evacuation route of 1 of the cities;
     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.
       (d) Technical Amendments.--Section 120(e) of such title is 
     amended--
       (1) by striking ``(c)'' and inserting ``(b)''; and
       (2) by striking ``90'' and inserting ``180''.

     SEC. 1114. 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) State Defined.--In this section, the term `State' 
     means the 50 States and the District of Columbia.
       ``(b) Projects.--
       ``(1) In general.--The Secretary shall carry out highway 
     use tax evasion projects in accordance with this subsection.
       ``(2) Allocation of funds.--Funds made available to carry 
     out this section 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 to 
     carry out this section 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) Period of availability.--Funds authorized to carry 
     out this section shall remain available for obligation for a 
     period of 3 years after the last day of the fiscal year for 
     which the funds are authorized.
       ``(8) Use of surface transportation program funding.--In 
     addition to funds made available to carry out this section, a 
     State may, expend up to \1/4\ of 1 percent of the funds 
     apportioned to the State for a fiscal year under section 
     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 (in this 
     subsection referred to 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, and law 
     enforcement authorities, subject to section 6103 of the 
     Internal Revenue Code of 1986.
       ``(3) Funding.--Of the amounts made available to carry out 
     this section for each of fiscal years 1998 through 2003, the 
     Secretary shall make available sufficient funds to the 
     Internal Revenue Service to establish and operate an 
     automated fuel reporting system.''.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of such title 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. 1115. 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 
     authorized to be appropriated 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) Allocations.--Section 202(d) of such title is amended--
       (1) by inserting ``Indian Reservation Roads.--'' after 
     ``(d)'';
       (2) by inserting ``(1) For fiscal years ending before 
     october 1, 1999.--'' before ``On October'';
       (3) by inserting after ``each fiscal year'' the following: 
     ``ending before October 1, 1999'';
       (4) by adding at the end the following:
       ``(2) Fiscal year 2000 and thereafter.--
       ``(A) In general.--All funds authorized to be appropriated 
     for Indian reservation roads shall be allocated among Indian 
     tribes for fiscal year 2000 and each subsequent fiscal year 
     in accordance with a formula established by the Secretary of 
     the Interior under a negotiated rulemaking procedure under 
     subchapter III of chapter 5 of title 5.
       ``(B) Regulations.--Notwithstanding sections 563(a) and 
     565(a) of title 5, the Secretary of the Interior shall issue 
     regulations governing the Indian reservation roads program, 
     and establishing the funding formula for fiscal year 2000 and 
     each subsequent fiscal year under this paragraph, in 
     accordance with a negotiated rulemaking procedure under 
     subchapter III of chapter 5 of title 5. The regulations shall 
     be issued in final form not later than April 1, 1999, and 
     shall take effect not later than October 1, 1999.
       ``(C) Negotiated rulemaking committee.--In establishing a 
     negotiated rulemaking committee to carry out subparagraph 
     (B), the Secretary of the Interior shall--
       ``(i) apply the procedures under subchapter III of chapter 
     5 of title 5 in a manner that reflects the unique government-
     to-government relationship between the Indian tribes and the 
     United States; and
       ``(ii) ensure that the membership of the committee includes 
     only representatives of the Federal Government and of 
     geographically diverse small, medium, and large Indian 
     tribes.
       ``(D) Basis for funding formula.--The funding formula 
     established for fiscal year 2000 and each subsequent fiscal 
     year under this paragraph shall be based on factors that 
     reflect--
       ``(i) the relative needs of the Indian tribes, and 
     reservation or tribal communities, for transportation 
     assistance; and
       ``(ii) the relative administrative capacities of, and 
     challenges faced by, various Indian tribes, including the 
     cost of road construction in each Bureau of Indian Affairs 
     area, geographic isolation and difficulty in maintaining all-
     weather access to employment, commerce, health, safety, and 
     educational resources.
       ``(3) Contracts and agreements with indian tribes.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or any interagency agreement, program guideline, manual, 
     or policy directive, all funds made available under this 
     title for Indian reservation roads and for highway bridges 
     located on Indian reservation roads to pay for the costs of 
     programs, services, functions, and activities, or portions 
     thereof, that are specifically or functionally related to the 
     cost of planning, research, engineering, and construction of 
     any highway, road, bridge, parkway, or transit facility that 
     provides access to or is located within the reservation or 
     community of an Indian tribe shall be made available, upon 
     request of the Indian tribal government, to the Indian tribal 
     government for contracts and agreements for such planning, 
     research, engineering, and construction in accordance with 
     the Indian Self-Determination and Education Assistance Act.
       ``(B) Exclusion of agency participation.--Funds for 
     programs, functions, services, or activities, or portions 
     thereof, including supportive

[[Page H3806]]

     administrative functions that are otherwise contractible to 
     which subparagraph (A) apply, shall be paid in accordance 
     with subparagraph (A) without regard to the organizational 
     level at which the Department of Interior that has previously 
     carried out such programs, functions, services, or 
     activities.
       ``(4) Reservation of funds.--
       ``(A) Nationwide priority program.--The Secretary shall 
     establish a nationwide priority program for improving 
     deficient Indian reservation road bridges.
       ``(B) Reservation.--Of the amounts authorized to be 
     appropriated for Indian reservation roads for each fiscal 
     year, the Secretary, in cooperation with the Secretary of the 
     Interior, shall reserve not less than $13,000,000 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.
       ``(C) 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).
       ``(D) 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.''; and
       (5) by indenting paragraph (1) (as designated by paragraph 
     (2) of this paragraph) and aligning paragraph (1) with 
     paragraphs (2), (3), and (4) (as added by paragraph (4) of 
     this paragraph).
       (c) Availability of Funds.--Section 203 of such title 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.''.
       (d) Planning and Agency Coordination.--Section 204 of such 
     title 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).''.
       (e) Refuge Roads.--
       (1) Authorizations.--Section 201 of such title is amended 
     in the first sentence by inserting ``refuge roads,'' before 
     ``public lands highways,''.
       (2) Allocations.--Section 202 of such title is amended by 
     adding at the end the following:
       ``(e) Refuge Roads.--On October 1 of each fiscal year, the 
     Secretary shall allocate the sums made available for that 
     fiscal year for refuge roads according to the relative needs 
     of the various refuges in the National Wildlife Refuge 
     System, and taking into consideration--
       ``(1) the comprehensive conservation plan for each refuge;
       ``(2) the need for access as identified through land use 
     planning; and
       ``(3) the impact of land use planning on existing 
     transportation facilities.''.
       (3) Availability of funds.--Section 203 of such title is 
     amended in the first and fourth sentences--
       (A) by striking ``for,'' and inserting ``for''; and
       (B) by inserting ``refuge roads,'' after ``parkways,'' each 
     place it appears.
       (4) Use of funding.--Section 204 of such title is amended 
     by adding at the end the following:
       ``(k) Refuge Roads.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title, funds made available for refuge roads shall be 
     used by the Secretary and the Secretary of the Interior only 
     to pay the cost of--
       ``(A) maintenance and improvements of refuge roads;
       ``(B) maintenance and improvements of eligible projects 
     described in paragraphs (2), (5), (6) of subsection (h) that 
     are located in or adjacent to wildlife refuges; and
       ``(C) administrative costs associated with such maintenance 
     and improvements.
       ``(2) Contracts.--In carrying out paragraph (1), the 
     Secretary and the Secretary of the Interior, as appropriate, 
     may enter into contracts with a State or civil subdivision of 
     a State or Indian tribe as is determined advisable.
       ``(3) Compliance with other law.--Funds made available for 
     refuge roads shall be used only for projects that are in 
     compliance with the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd et seq.).''.

     SEC. 1116. 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 through the period 
     at the end 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 such 
     Act (109 Stat. 630) is amended by inserting ``or any Capital 
     Region jurisdiction'' after ``Authority'' each place it 
     appears.
       (2) Agreement.--Section 407 of such Act (109 Stat. 630) is 
     amended by striking subsection (c) and inserting the 
     following:
       ``(c) Agreement.--
       ``(1) In general.--The agreement referred to in subsection 
     (a) is an agreement concerning the Project that is executed 
     by the Secretary and the Authority or any Capital Region 
     jurisdiction that accepts ownership of the new bridge.
       ``(2) Terms of the agreement.--The agreement shall--
       ``(A) identify whether the Authority or a Capital Region 
     jurisdiction will accept ownership of the new 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) the Project include not more than 12 traffic lanes, 
     including 8 general purpose lanes, 2 merging/diverging lanes, 
     and 2 high occupancy vehicle, express bus, or rail transit 
     lanes;

[[Page H3807]]

       ``(ii) the design, construction, and operation of the 
     Project reflect the requirements of clause (i);
       ``(iii) 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
       ``(iv) the Authority and the Capital Region jurisdictions 
     develop a process to 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 (iii); and
       ``(D) contain such other terms and conditions as the 
     Secretary determines to be appropriate.''.
       (c) Federal Contribution.--Such Act (109 Stat. 627) is 
     amended by adding at the end the following:

     ``SEC. 412. FEDERAL CONTRIBUTION.

       ``(a) Funding.--
       ``(1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) $25,000,000 for fiscal year 1998, $75,000,000 for 
     fiscal year 1999, $150,000,000 for fiscal year 2000, 
     $200,000,000 for fiscal year 2001, $225,000,000 for fiscal 
     year 2002, and $225,000,000 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 by 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 paragraphs 
     (1) and (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 for 
     construction before the execution of the agreement described 
     in section 407(c), except that the Secretary may fund the 
     maintenance and rehabilitation of the Bridge, the design of 
     the Project, and right-of-way acquisition, including early 
     acquisition of construction staging areas.''.
       (d) Conforming Amendment.--Section 405(b)(1) of such Act 
     (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. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       (a) Apportionment.--The Secretary shall apportion funds 
     made available by section 102 of this Act for fiscal years 
     1998 through 2003 among the States based on the latest 
     available cost to complete estimate for the Appalachian 
     development highway system under section 201 of the 
     Appalachian Regional Development Act of 1965 prepared by the 
     Appalachian Regional Commission. Such funds shall be 
     available to construct highways and access roads under 
     section 201 of the Appalachian Regional Development Act of 
     1965.
       (b) Applicability of Title 23.--Funds authorized by section 
     102 of this Act for the Appalachian development highway 
     system shall be available for obligation in the same manner 
     as if such funds were apportioned under chapter 1 of title 
     23, United States Code, except that the Federal share of the 
     cost of any project under this section shall be determined in 
     accordance with such section 201 and such funds shall remain 
     available until expended.
       (c) Federal Share for Pre-Financed Projects.--Section 
     201(h)(1) of the Appalachian Regional Development Act of 1965 
     (40 U.S.C. App.) is amended by striking ``70'' and inserting 
     ``80''.
       (d) Corridor O.--There is hereby designated as an addition 
     to Corridor O in Pennsylvania on the Appalachian development 
     highway system a segment from Port Matilda to Interstate 
     Route 80 along United States Route 322, and the segment of 
     Corridor O from the Pennsylvania State line to the improved 
     segment in Bedford, Pennsylvania, shall be subtracted from 
     Corridor O. Such designated addition shall not affect 
     estimates of the cost to complete such system and such 
     subtracted segment may be included on a map of such system 
     for purposes of continuity only.

     SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT 
                   PROGRAM.

       (a) In General.--The Secretary shall establish and 
     implement a program to make allocations to States and 
     metropolitan planning organizations for coordinated planning, 
     design, and construction of corridors of national 
     significance, economic growth, and international or 
     interregional trade. A State or metropolitan planning 
     organization may apply to the Secretary for allocations under 
     this section.
       (b) Eligibility of Corridors.--The Secretary may make 
     allocations under this section with respect to--
       (1) high priority corridors identified in section 1105(c) 
     of the Intermodal Surface Transportation Efficiency Act of 
     1991; and
       (2) any other significant regional or multistate highway 
     corridor not described in whole or in part in paragraph (1) 
     selected by the Secretary after consideration of--
       (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 to which international truck-borne 
     commodities move through each State;
       (D) 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;
       (E) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding including State, local, and private 
     matching funds;
       (F) 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; and
       (G) encourage or facilitate major multistate or regional 
     mobility and economic growth and development in areas 
     underserved by existing highway infrastructure.
       (c) Purposes.--Allocations may be made under this section 
     for 1 or more of the following purposes:
       (1) Feasibility studies.
       (2) Comprehensive corridor planning and design activities.
       (3) Location and routing studies.
       (4) Multistate and intrastate coordination for corridors 
     described in subsection (b).
       (5) After review by the Secretary of a development and 
     management plan for the corridor or a usable component 
     thereof under subsection (b)--
       (A) environmental review; and
       (B) construction.
       (d) Corridor Development and Management Plan.--A State or 
     metropolitan planning organization receiving an allocation 
     under this section shall develop, and submit to the Secretary 
     for review, a development and management plan for the 
     corridor or a usable component thereof with respect to which 
     the allocation is being made. Such plan shall include, at a 
     minimum, the following elements:
       (1) A complete and comprehensive analysis of corridor costs 
     and benefits.
       (2) A coordinated corridor development plan and schedule, 
     including a timetable for completion of all planning and 
     development activities, environmental reviews and permits, 
     and construction of all segments.
       (3) A finance plan, including any innovative financing 
     methods and, if the corridor is a multistate corridor, a 
     State-by-State breakdown of corridor finances.
       (4) The results of any environmental reviews and mitigation 
     plans.
       (5) The identification of any impediments to the 
     development and construction of the corridor, including any 
     environmental, social, political and economic objections.

     In the case of a multistate corridor, the Secretary shall 
     encourage all States having jurisdiction over any portion of 
     such corridor to participate in the development of such plan.
       (e) Applicability of Title 23.--Funds made available by 
     section 1101 of this Act to carry out this section and 
     section 1119 shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (f) Coordination of Planning.--Planning with respect to a 
     corridor under this section 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.
       (g) State Defined.--In this section, the term ``State'' has 
     the meaning such term has under section 101 of title 23, 
     United States Code.

     SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

       (a) General Authority.--The Secretary shall establish and 
     implement a coordinated border infrastructure program under 
     which the Secretary may make allocations to border States and 
     metropolitan planning organizations for areas within the 
     boundaries of 1 or more border States for projects to improve 
     the safe movement of people and goods at or across the border 
     between the United States and Canada and the border between 
     the United States and Mexico.
       (b) Eligible Uses.--Allocations to States and metropolitan 
     planning organizations under this section may only be used in 
     a border region for--
       (1) improvements to existing transportation and supporting 
     infrastructure that facilitate cross-border vehicle and cargo 
     movements;
       (2) construction of highways and related safety and safety 
     enforcement facilities that will facilitate vehicle and cargo 
     movements related to international trade;
       (3) operational improvements, including improvements 
     relating to electronic data interchange and use of 
     telecommunications, to expedite cross border vehicle and 
     cargo movement;

[[Page H3808]]

       (4) modifications to regulatory procedures to expedite 
     cross border vehicle and cargo movements;
       (5) international coordination of planning, programming, 
     and border operation with Canada and Mexico relating to 
     expediting cross border vehicle and cargo movements; and
       (6) activities of Federal inspection agencies.
       (c) Selection Criteria.--The Secretary shall make 
     allocations under this section on the basis of--
       (1) expected reduction in commercial and other motor 
     vehicle travel time through an international border crossing 
     as a result of the project;
       (2) improvements in vehicle and highway safety and cargo 
     security related to motor vehicles crossing a border with 
     Canada or Mexico;
       (3) strategies to increase the use of existing, 
     underutilized border crossing facilities and approaches;
       (4) leveraging of Federal funds provided under this 
     section, including use of innovative financing, combination 
     of such funds with funding provided under other sections of 
     this Act, and combination with other sources of Federal, 
     State, local, or private funding;
       (5) degree of multinational involvement in the project and 
     demonstrated coordination with other Federal agencies 
     responsible for the inspection of vehicles, cargo, and 
     persons crossing international borders and their counterpart 
     agencies in Canada and Mexico;
       (6) improvements in vehicle and highway safety and cargo 
     security in and through the gateway or affected port of entry 
     concerned;
       (7) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (8) 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;
       (9) demonstrated local commitment to implement and sustain 
     continuing comprehensive border or affected port of entry 
     planning processes and improvement programs; and
       (10) such other factors as the Secretary determines are 
     appropriate to promote border transportation efficiency and 
     safety.
       (d) Construction of Transportation Infrastructure for Law 
     Enforcement Purposes.--At the request of the Administrator of 
     General Services, in consultation with the Attorney General, 
     the Secretary may transfer, during the period of fiscal years 
     1998 through 2001, not more than $10,000,000 of the amounts 
     made available by section 1101 to carry out this section and 
     section 1118 to the Administrator of General Services for the 
     construction of transportation infrastructure necessary for 
     law enforcement in border States.
       (e) Definitions.--In this section, the following 
     definitions apply:
       (1) Border region.--The term ``border region'' means the 
     portion of a border State in the vicinity of an international 
     border with Canada or Mexico.
       (2) Border state.--The term ``border State'' means any 
     State that has a boundary in common with Canada or Mexico.

                     Subtitle B--General Provisions

     SEC. 1201. DEFINITIONS.

       Section 101(a) of title 23, United States Code, is amended 
     to read as follows:
       ``(a) Definitions.--In this title, the following 
     definitions apply:
       ``(1) Apportionment.--The term `apportionment' includes 
     unexpended apportionments made under prior authorization 
     laws.
       ``(2) Carpool project.--The term `carpool project' means 
     any project to encourage the use of carpools and vanpools, 
     including provision of carpooling opportunities to the 
     elderly and individuals with disabilities, systems for 
     locating potential riders and informing them of carpool 
     opportunities, acquiring vehicles for carpool use, 
     designating existing highway lanes as preferential carpool 
     highway lanes, providing related traffic control devices, and 
     designating existing facilities for use for preferential 
     parking for carpools.
       ``(3) Construction.--The term `construction' means the 
     supervising, inspecting, actual building, and incurrence of 
     all costs incidental to the construction or reconstruction of 
     a highway, including bond costs and other costs relating to 
     the issuance in accordance with section 122 of bonds or other 
     debt financing instruments and costs incurred by the State in 
     performing Federal-aid project related audits that directly 
     benefit the Federal-aid highway program. Such term includes--
       ``(A) locating, surveying, and mapping (including the 
     establishment of temporary and permanent geodetic markers in 
     accordance with specifications of the National Oceanic and 
     Atmospheric Administration of the Department of Commerce);
       ``(B) resurfacing, restoration, and rehabilitation;
       ``(C) acquisition of rights-of-way;
       ``(D) relocation assistance, acquisition of replacement 
     housing sites, and acquisition and rehabilitation, 
     relocation, and construction of replacement housing;
       ``(E) elimination of hazards of railway grade crossings;
       ``(F) elimination of roadside obstacles;
       ``(G) improvements that directly facilitate and control 
     traffic flow, such as grade separation of intersections, 
     widening of lanes, channelization of traffic, traffic control 
     systems, and passenger loading and unloading areas; and
       ``(H) capital improvements that directly facilitate an 
     effective vehicle weight enforcement program, such as scales 
     (fixed and portable), scale pits, scale installation, and 
     scale houses.
       ``(4) County.--The term `county' includes corresponding 
     units of government under any other name in States that do 
     not have county organizations and, in those States in which 
     the county government does not have jurisdiction over 
     highways, any local government unit vested with jurisdiction 
     over local highways.
       ``(5) Federal-aid highway.--The term `Federal-aid highway' 
     means a highway eligible for assistance under this chapter 
     other than a highway classified as a local road or rural 
     minor collector.
       ``(6) Federal-aid system.--The term `Federal-aid system' 
     means any of the Federal-aid highway systems described in 
     section 103.
       ``(7) Federal lands highway.--The term `Federal lands 
     highway' means a forest highway, public lands highway, park 
     road, parkway, refuge road, and Indian reservation road that 
     is a public road.
       ``(8) Forest development roads and trails.--The term 
     `forest development roads and trails' means forest roads and 
     trails under the jurisdiction of the Forest Service.
       ``(9) Forest highway.--The term `forest highway' means a 
     forest road under the jurisdiction of, and maintained by, a 
     public authority and open to public travel.
       ``(10) Forest road or trail.--The term `forest road or 
     trail' means a road or trail wholly or partly within, or 
     adjacent to, and serving the National Forest System that is 
     necessary for the protection, administration, and utilization 
     of the National Forest System and the use and development of 
     its resources.
       ``(11) Highway.--The term `highway' includes--
       ``(A) a road, street, and parkway;
       ``(B) a right-of-way, bridge, railroad-highway crossing, 
     tunnel, drainage structure, sign, guardrail, and protective 
     structure, in connection with a highway; and
       ``(C) a portion of any interstate or international bridge 
     or tunnel and the approaches thereto, the cost of which is 
     assumed by a State transportation department, including such 
     facilities as may be required by the United States Customs 
     and Immigration Services in connection with the operation of 
     an international bridge or tunnel.
       ``(12) Indian reservation road.--The term `Indian 
     reservation road' means a public road that is located within 
     or provides access to an Indian reservation or Indian trust 
     land or restricted Indian land that is not subject to fee 
     title alienation without the approval of the Federal 
     Government, or Indian and Alaska Native villages, groups, or 
     communities in which Indians and Alaskan Natives reside, whom 
     the Secretary of the Interior has determined are eligible for 
     services generally available to Indians under Federal laws 
     specifically applicable to Indians.
       ``(13) Interstate system.--The term `Interstate System' 
     means the Dwight D. Eisenhower National System of Interstate 
     and Defense Highways described in section 103(c).
       ``(14) Maintenance.--The term `maintenance' means the 
     preservation of the entire highway, including surface, 
     shoulders, roadsides, structures, and such traffic-control 
     devices as are necessary for safe and efficient utilization 
     of the highway.
       ``(15) Maintenance area.--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)).
       ``(16) National highway system.--The term `National Highway 
     System' means the Federal-aid highway system described in 
     section 103(b).
       ``(17) Operating costs for traffic monitoring, management, 
     and control.--The term `operating costs for traffic 
     monitoring, management, and control' includes labor costs, 
     administrative costs, costs of utilities and rent, and other 
     costs associated with the continuous operation of traffic 
     control, such as integrated traffic control systems, incident 
     management programs, and traffic control centers.
       ``(18) Operational improvement.--The term `operational 
     improvement'--
       ``(A) means (i) a capital improvement for installation of 
     traffic surveillance and control equipment, computerized 
     signal systems, motorist information systems, integrated 
     traffic control systems, incident management programs, and 
     transportation demand management facilities, strategies, and 
     programs, and (ii) such other capital improvements to public 
     roads as the Secretary may designate, by regulation; and
       ``(B) does not include resurfacing, restoring, or 
     rehabilitating improvements, construction of additional 
     lanes, interchanges, and grade separations, and construction 
     of a new facility on a new location.
       ``(19) Park road.--The term `park road' means a public 
     road, including a bridge built primarily for pedestrian use, 
     but with capacity for use by emergency vehicles, that is 
     located within, or provides access to, an area in the 
     National Park System with title and maintenance 
     responsibilities vested in the United States.
       ``(20) Parkway.--The term `parkway', as used in chapter 2 
     of this title, means a parkway authorized by Act of Congress 
     on lands to which title is vested in the United States.
       ``(21) Project.--The term `project' means an undertaking to 
     construct a particular portion of a highway, or if the 
     context so implies, the particular portion of a highway so 
     constructed or any other undertaking eligible for assistance 
     under this title.
       ``(22) Project agreement.--The term `project agreement' 
     means the formal instrument to be executed by the State 
     transportation department and the Secretary as required by 
     section 106.
       ``(23) Public authority.--The term `public authority' means 
     a Federal, State, county, town, or township, Indian tribe, 
     municipal or other local government or instrumentality with 
     authority to finance, build, operate, or maintain toll or 
     toll-free facilities.
       ``(24) Public lands development roads and trails.--The term 
     `public lands development

[[Page H3809]]

     roads and trails' means those roads and trails that the 
     Secretary of the Interior determines are of primary 
     importance for the development, protection, administration, 
     and utilization of public lands and resources under the 
     control of the Secretary of the Interior.
       ``(25) Public lands highway.--The term `public lands 
     highway' means a forest road under the jurisdiction of and 
     maintained by a public authority and open to public travel or 
     any highway through unappropriated or unreserved public 
     lands, nontaxable Indian lands, or other Federal reservations 
     under the jurisdiction of and maintained by a public 
     authority and open to public travel.
       ``(26) Public lands highways.--The term `public lands 
     highways' means those main highways through unappropriated or 
     unreserved public lands, nontaxable Indian lands, or other 
     Federal reservations, which are on the Federal-aid systems.
       ``(27) Public road.--The term `public road' means any road 
     or street under the jurisdiction of and maintained by a 
     public authority and open to public travel.
       ``(28) Refuge road.--The term `refuge road' means a public 
     road that provides access to or within a unit of the National 
     Wildlife Refuge System and for which title and maintenance 
     responsibility is vested in the United States Government.
       ``(29) Rural areas.--The term `rural areas' means all areas 
     of a State not included in urban areas.
       ``(30) Safety improvement project.--The term `safety 
     improvement project' means a project that corrects or 
     improves high hazard locations, eliminates roadside 
     obstacles, improves highway signing and pavement marking, 
     installs priority control systems for emergency vehicles at 
     signalized intersections, installs or replaces emergency 
     motorist aid call boxes, or installs traffic control or 
     warning devices at locations with high accident potential.
       ``(31) Secretary.--The term `Secretary' means Secretary of 
     Transportation.
       ``(32) State.--The term `State' means any of the 50 States, 
     the District of Columbia, or Puerto Rico.
       ``(33) State funds.--The term `State funds' includes funds 
     raised under the authority of the State or any political or 
     other subdivision thereof, and made available for expenditure 
     under the direct control of the State transportation 
     department.
       ``(34) State transportation department.--The term `State 
     transportation department' means that department, commission, 
     board, or official of any State charged by its laws with the 
     responsibility for highway construction.
       ``(35) Transportation enhancement activities.--The term 
     `transportation enhancement activities' means, with respect 
     to any project or the area to be served by the project, any 
     of the following activities if such activity relates to 
     surface transportation: provision of facilities for 
     pedestrians and bicycles, provision of safety and educational 
     activities for pedestrians and bicyclists, acquisition of 
     scenic easements and scenic or historic sites, scenic or 
     historic highway programs (including the provision of 
     tourist and welcome center facilities), landscaping and 
     other scenic beautification, historic preservation, 
     rehabilitation and operation of historic transportation 
     buildings, structures, or facilities (including historic 
     railroad facilities and canals), preservation of abandoned 
     railway corridors (including the conversion and use 
     thereof for pedestrian or bicycle trails), control and 
     removal of outdoor advertising, archaeological planning 
     and research, environmental mitigation to address water 
     pollution due to highway runoff or reduce vehicle-caused 
     wildlife mortality while maintaining habitat connectivity, 
     and establishment of transportation museums.
       ``(36) Urban area.--The term `urban area' means an 
     urbanized area or, in the case of an urbanized area 
     encompassing more than one State, that part of the urbanized 
     area in each such State, or urban place as designated by the 
     Bureau of the Census having a population of 5,000 or more and 
     not within any urbanized area, within boundaries to be fixed 
     by responsible State and local officials in cooperation with 
     each other, subject to approval by the Secretary. Such 
     boundaries shall encompass, at a minimum, the entire urban 
     place designated by the Bureau of the Census, except in the 
     case of cities in the State of Maine and in the State of New 
     Hampshire.
       ``(37) Urbanized area.--The term `urbanized area' means an 
     area with a population of 50,000 or more designated by the 
     Bureau of the Census, within boundaries to be fixed by 
     responsible State and local officials in cooperation with 
     each other, subject to approval by the Secretary. Such 
     boundaries shall encompass, at a minimum, the entire 
     urbanized area within a State as designated by the Bureau of 
     the Census.''.

     SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

       (a) In General.--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 due consideration in the comprehensive transportation 
     plans developed by each metropolitan planning organization 
     and State in accordance with sections 134 and 135, 
     respectively. Bicycle transportation facilities and 
     pedestrian walkways shall be considered, where appropriate, 
     in conjunction with all new construction and reconstruction 
     of transportation facilities, except where bicycle and 
     pedestrian use are not permitted.
       ``(2) Safety considerations.--Transportation plans and 
     projects shall provide due consideration for safety and 
     contiguous routes for bicyclists and pedestrians. Safety 
     considerations shall include the installation, where 
     appropriate, and maintenance of audible traffic signals and 
     audible signs at street crossings.'';
       (4) in subsection (h) by striking ``No motorized vehicles 
     shall'' and inserting ``Motorized vehicles may not'';
       (5) in subsection (h)(3)--
       (A) by striking ``when State and local regulations 
     permit,''; and
       (B) by striking ``and'' at the end;
       (6) in subsection (h)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) when State or local regulations permit, electric 
     bicycles; and''; and
       (7) by striking subsection (j) and inserting the following:
       ``(j) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Bicycle transportation facility.--The term `bicycle 
     transportation facility' means a new or improved lane, path, 
     or shoulder for use by bicyclists and a traffic control 
     device, shelter, or parking facility for bicycles.
       ``(2) Electric bicycle.--The term `electric bicycle' means 
     any bicycle or tricycle with a low-powered electric motor 
     weighing under 100 pounds, with a top motor-powered speed not 
     in excess of 20 miles per hour.
       ``(3) Pedestrian.--The term `pedestrian' means any person 
     traveling by foot and any mobility impaired person using a 
     wheelchair.
       ``(4) Wheelchair.--The term `wheelchair' means a mobility 
     aid, usable indoors, and designed for and used by individuals 
     with mobility impairments, whether operated manually or 
     motorized.''.
       (b) Design Guidance.--
       (1) In general.--In implementing section 217(g) of title 
     23, United States Code, the Secretary, in cooperation with 
     the American Association of State Highway and Transportation 
     Officials, the Institute of Transportation Engineers, and 
     other interested organizations, shall develop guidance on the 
     various approaches to accommodating bicycles and pedestrian 
     travel.
       (2) Issues to be addressed.--The guidance shall address 
     issues such as the level and nature of the demand, volume, 
     and speed of motor vehicle traffic, safety, terrain, cost, 
     and sight distance.
       (3) Recommendations.--The guidance shall include 
     recommendations on amending and updating the policies of the 
     American Association of State Highway and Transportation 
     Officials relating to highway and street design standards to 
     accommodate bicyclists and pedestrians.
       (4) Time period for development.--The guidance shall be 
     developed within 18 months after the date of enactment of 
     this Act.
       (c) Protection of Nonmotorized Transportation Traffic.--
     Section 109(n) of such title is amended to read as follows:
       ``(n) Protection of Nonmotorized Transportation Traffic.--
     The Secretary shall not approve any project or take any 
     regulatory action under this title that will result in the 
     severance of an existing major route or have significant 
     adverse impact on the safety for nonmotorized transportation 
     traffic and light motorcycles, unless such project or 
     regulatory action provides for a reasonable alternate route 
     or such a route exists.''.
       (d) Railway-Highway Crossings.--Section 130 of such title 
     is amended by adding at the end the following:
       ``(j) Bicycle Safety.--In carrying out projects under this 
     section, a State shall take into account bicycle safety.''.
       (e) National Bicycle Safety Education Curriculum.--
       (1) Development.--The Secretary is authorized to develop a 
     national bicycle safety education curriculum that may include 
     courses relating to on-road training.
       (2) Report.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a copy of the curriculum.
       (3) Funding.--From amounts made available under section 
     210, the Secretary may use not to exceed $500,000 for fiscal 
     year 1999 to carry out this subsection.

     SEC. 1203. METROPOLITAN PLANNING.

       (a) General Requirements.--Section 134(a) of title 23, 
     United States Code, is amended to read as follows:
       ``(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 and 
     foster economic growth and development 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.

[[Page H3810]]

       ``(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) Designation of Metropolitan Planning Organizations.--
       (1) In general.--Section 134(b) of such title is amended by 
     striking paragraphs (1) and (2) and inserting the following:
       ``(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) 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.''.
       (2) Continuing designation.--Section 134(b)(4) of such 
     title is amended to read as follows:
       ``(4) 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 (5).''.
       (3) Redesignation.--Section 134(b)(5)(A) of such title is 
     amended--
       (A) by striking ``among'' and inserting ``between''; and
       (B) by striking ``which together'' and inserting ``that 
     together''.
       (4) Designation of more than 1 metropolitan planning 
     organization.--Section 134(b)(6) of such title is amended to 
     read as follows:
       ``(6) 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.''.
       (c) Metropolitan Planning Area Boundaries.--Section 134(c) 
     of such title is amended--
       (1) in the subsection heading by inserting ``Planning'' 
     before ``Area'';
       (2) in the first sentence--
       (A) by striking ``For the purposes'' and inserting the 
     following:
       ``(1) In general.--For the purposes''; and
       (B) by inserting ``planning'' before ``area'';
       (3) by striking the second sentence and all that follows 
     and inserting the following:
       ``(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 urbanized 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 this 
     paragraph shall be retained, except that the boundaries may 
     be adjusted by agreement of the Governor and affected 
     metropolitan planning organizations in the manner described 
     in subsection (b)(5).
       ``(4) New metropolitan planning areas in nonattainment.--In 
     the case of an urbanized area designated after the date of 
     enactment of this paragraph as a nonattainment area for ozone 
     or carbon monoxide, the boundaries of the metropolitan 
     planning area--
       ``(A) shall be established in the manner described in 
     subsection (b)(1);
       ``(B) shall encompass the areas described in paragraph 
     (2)(A);
       ``(C) may encompass the areas described in paragraph 
     (2)(B); 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.''; and
       (4) by aligning paragraph (1) (as designated by paragraph 
     (2)(A) of this subsection) with paragraphs (2) through (4) 
     (as inserted by paragraph (3) of this subsection).
       (d) Coordination in Multistate Areas.--Section 134(d) of 
     such title is amended to read as follows:
       ``(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) Definition.--In this paragraph, the term `Lake Tahoe 
     region' has the meaning given the term `region' in 
     subdivision (a) of article II of the Tahoe Regional Planning 
     Compact, as set forth in the first section of Public Law 96-
     551 (94 Stat. 3234).
       ``(B) Transportation planning process.--The Secretary 
     shall--
       ``(i) establish with the Federal land management agencies 
     that have jurisdiction over land in the Lake Tahoe region 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.
       ``(C) 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 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 clause (i) 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.

       ``(D) Activities.--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.
       ``(4) Recipients of other assistance.--The Secretary shall 
     encourage each metropolitan planning organization to 
     coordinate, to the maximum extent practicable, the design and 
     delivery of transportation services within the metropolitan 
     planning area that are provided--
       ``(A) by recipients of assistance under chapter 53 of title 
     49; and
       ``(B) by governmental agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services.''.
       (e) Coordination of MPOs.--Section 134(e) of such title is 
     amended--
       (1) in the subsection heading by striking ``MPO's'' and 
     inserting ``MPOs'';
       (2) by striking ``If'' and inserting the following:
       ``(1) Nonattainment areas.--If'';
       (3) by adding at the end the following:
       ``(2) Project located in multiple mpos.--If a project is 
     located within the boundaries of more than 1 metropolitan 
     planning organization, the metropolitan planning 
     organizations shall coordinate plans regarding the 
     project.''; and
       (4) by aligning paragraph (1) (as designated by paragraph 
     (2) of this subsection) with paragraph (2) (as added by 
     paragraph (3) of this subsection).
       (f) Scope of Planning Process.--Section 134(f) of such 
     title is amended to read as follows:
       ``(f) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan area under this section shall 
     provide for consideration of projects and strategies that 
     will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increase the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increase the accessibility and mobility options 
     available to people and for freight;
       ``(D) protect and enhance the environment, promote energy 
     conservation, and improve quality of life;
       ``(E) enhance the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promote efficient system management and operation; 
     and
       ``(G) emphasize the preservation of the existing 
     transportation system.
       ``(2) Failure to consider factors.--The failure to consider 
     any factor specified in paragraph (1) shall not be reviewable 
     by any court under this title, subchapter II of chapter 5 of 
     title 5, or chapter 7 of title 5 in any matter affecting a 
     transportation plan, a transportation improvement plan, a 
     project or strategy, or the certification of a planning 
     process.''.
       (g) Long-Range Transportation Plan.--Section 134(g) of such 
     title is amended--
       (1) in paragraph (2) by striking ``, at a minimum'' and 
     inserting ``contain, at a minimum, the following'';

[[Page H3811]]

       (2) in paragraph (2)(A) by striking ``Identify'' and 
     inserting ``An identification of''; and
       (3) by striking paragraph (2)(B) and inserting the 
     following:
       ``(B) A financial plan that demonstrates how the adopted 
     long-range transportation plan can be implemented, indicates 
     resources from public and private sources that are reasonably 
     expected to be made available to carry out the plan, and 
     recommends any additional financing strategies for needed 
     projects and programs. The financial plan may include, for 
     illustrative purposes, additional projects that would be 
     included in the adopted long-range transportation plan if 
     reasonable additional resources beyond those identified in 
     the financial plan were available. For the purpose of 
     developing the long-range transportation plan, the 
     metropolitan planning organization and State shall 
     cooperatively develop estimates of funds that will be 
     available to support plan implementation.'';
       (4) in paragraph (4)--
       (A) by inserting after ``employees,'' the following: 
     ``freight shippers, providers of freight transportation 
     services,''; and
       (B) by inserting after ``private providers of 
     transportation,'' the following: ``representatives of users 
     of public transit,'';
       (5) by adding at the end the following:
       ``(6) Selection of projects from illustrative list.--
     Notwithstanding paragraph (2)(B), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the financial plan under paragraph (2)(B).'';
       (6) in the subsection heading by striking ``Long Range 
     Plan'' and inserting ``Long-Range Transportation Plan'';
       (7) in the headings for paragraphs (2) and (5) by striking 
     ``long range plan'' and inserting ``long-range transportation 
     plan''; and
       (8) by striking ``long range plan'' each place it appears 
     and inserting ``long-range transportation plan''.
       (h) Metropolitan Transportation Improvement Program.--
     Section 134(h) of such title is amended to read as follows:
       ``(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, freight shippers, 
     providers of freight transportation services, private 
     providers of transportation, representatives of users of 
     public transit, 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 priority list 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;
       ``(iii) identifies innovative financing techniques to 
     finance projects, programs, and strategies; and
       ``(iv) may include, for illustrative purposes, additional 
     projects that would be included in the approved 
     transportation improvement program if reasonable additional 
     resources beyond those identified in the financial plan were 
     available.
       ``(3) Included projects.--
       ``(A) Projects under this chapter and chapter 53 of title 
     49.--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 this chapter and chapter 53 of title 49.
       ``(B) Projects under chapter 2.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 
     shall be identified individually in the transportation 
     improvement program.
       ``(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 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, freight shippers, providers of freight 
     transportation services, private providers of transportation, 
     representatives of users of public transit, 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 this chapter, the 
     State; and
       ``(II) in the case of projects under chapter 53 of title 
     49, the designated transit funding recipients; and

       ``(ii) in cooperation with the metropolitan planning 
     organization.
       ``(B) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     transportation improvement program in place of another 
     project in the program.
       ``(6) Selection of projects from illustrative list.--
       ``(A) No required selection.--Notwithstanding paragraph 
     (2)(B)(iv), a State or metropolitan planning organization 
     shall not be required to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv).
       ``(B) Required action by the secretary.--Action by the 
     Secretary shall be required for a State or metropolitan 
     planning organization to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv) for inclusion in an 
     approved transportation improvement program.
       ``(7) Publication.--
       ``(A) Publication of transportation improvement programs.--
     A transportation improvement program involving Government 
     participation shall be published or otherwise made readily 
     available by the metropolitan planning organization for 
     public review.
       ``(B) Publication of annual listings of projects.--An 
     annual listing of projects for which Federal funds have been 
     obligated in the preceding year shall be published or 
     otherwise made available by the metropolitan planning 
     organization for public review. The listing shall be 
     consistent with the categories identified in the 
     transportation improvement program.''.
       (i) Transportation Management Areas.--
       (1) Required designations.--Section 134(i)(1) of such title 
     is amended to read as follows:
       ``(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) Selection of projects.--Section 134(i)(4) of such title 
     is amended to read as follows:
       ``(4) Selection of projects.--
       ``(A) In general.--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 and projects carried out under the 
     bridge program or the Interstate maintenance program) 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 and projects carried out 
     within such boundaries under the bridge program or the 
     Interstate maintenance program 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.''.
       (3) Certification.--Section 134(i)(5) of such title is 
     amended to read as follows:
       ``(5) Certification.--
       ``(A) In general.--The Secretary shall--
       ``(i) ensure that the metropolitan planning process in each 
     transportation management area is being carried out in 
     accordance with applicable provisions of Federal law; and
       ``(ii) subject to subparagraph (B), certify, not less often 
     than once every 3 years, that the requirements of this 
     paragraph are met with respect to the transportation 
     management area.
       ``(B) Requirements for certification.--The Secretary may 
     make the certification under subparagraph (A) if--
       ``(i) the transportation planning process complies with the 
     requirements of this section and other applicable 
     requirements of Federal law; and
       ``(ii) there is a transportation improvement program for 
     the area that has been approved by the metropolitan planning 
     organization and the Governor.
       ``(C) Effect of failure to certify.--
       ``(i) Withholding of funds.--If a metropolitan planning 
     process is not certified, the Secretary may withhold up to 20 
     percent of the apportioned funds attributable to the 
     transportation management area under this title and chapter 
     53 of title 49.

[[Page H3812]]

       ``(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.
       ``(D) Review of certification.--In making certification 
     determinations under this paragraph, the Secretary shall 
     provide for public involvement appropriate to the 
     metropolitan area under review.''.
       (j) Abbreviated Plans and Programs for Certain Areas.--
     Section 134(j) of such title is amended to read as follows:
       ``(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 long-range 
     transportation plan and transportation improvement program 
     for the metropolitan area 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.--Section 134(l) of such title is amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding''; and
       (2) by adding at the end the following:
       ``(2) Applicability.--This subsection applies to a 
     nonattainment area within the metropolitan planning area 
     boundaries determined under subsection (c).''.
       (l) Funding.--Section 134(n) of such title is amended to 
     read as follows:
       ``(n) Funding.--
       ``(1) In general.--Funds set aside under section 104(f) of 
     this title to carry out sections 5303 through 5305 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.''.
       (m) Continuation of Current Review Practice.--Section 134 
     of such title is amended by adding at the end the following:
       ``(o) Continuation of Current Review Practice.--Since plans 
     and programs described in this section 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 such Act as of January 
     1, 1997, any decision by the Secretary concerning a plan or 
     program described in this section 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.).''.
       (n) 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. 1204. STATEWIDE PLANNING.

       (a) General Requirements.--Section 135(a) of title 23, 
     United States Code, is amended to read as follows:
       ``(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 and 
     foster economic growth and development within and through 
     urbanized areas, while minimizing transportation-related fuel 
     consumption and air pollution.
       ``(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 and facilities 
     (including pedestrian walkways and bicycle transportation 
     facilities) that will function as an intermodal 
     transportation system for the State and an integral part of 
     an intermodal transportation system for 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) Coordination With Metropolitan Planning; State 
     Implementation Plan.--Section 135(b) of such title is amended 
     by inserting after ``of this title'' the following: ``and 
     sections 5303 through 5305 of title 49''.
       (c) Scope of Planning Process.--Section 135(c) of such 
     title is amended to read as follows:
       ``(c) Scope of Planning Process.--
       ``(1) In general.--Each State shall carry out a 
     transportation planning process that provides for 
     consideration of projects and strategies that will--
       ``(A) support the economic vitality of the United States, 
     the States, and metropolitan areas, especially by enabling 
     global competitiveness, productivity, and efficiency;
       ``(B) increase the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increase the accessibility and mobility options 
     available to people and for freight;
       ``(D) protect and enhance the environment, promote energy 
     conservation, and improve quality of life;
       ``(E) enhance the integration and connectivity of the 
     transportation system, across and between modes throughout 
     the State, for people and freight;
       ``(F) promote efficient system management and operation; 
     and
       ``(G) emphasize the preservation of the existing 
     transportation system.
       ``(2) Failure to consider factors.--The failure to consider 
     any factor specified in paragraph (1) shall not be reviewable 
     by any court under this title, subchapter II of chapter 5 of 
     title 5, or chapter 7 of title 5 in any matter affecting a 
     transportation plan, a transportation improvement plan, a 
     project or strategy, or the certification of a planning 
     process.''.
       (d) Additional Requirements.--Section 135(d) of such title 
     is amended to read as follows:
       ``(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.--Section 135(e) of such 
     title is amended to read as follows:
       ``(e) Long-Range Transportation Plan.--
       ``(1) Development.--Each State shall develop a long-range 
     transportation plan, with a minimum 20-year forecast period, 
     for all areas of the State, that provides for the development 
     and implementation of the intermodal transportation system of 
     the State.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the long-range transportation 
     plan shall be developed in cooperation with the metropolitan 
     planning organization designated for the metropolitan area 
     under section 134 of this title and section 5303 of title 49.
       ``(B) Nonmetropolitan areas.--With respect to each 
     nonmetropolitan area, the long-range transportation plan 
     shall be developed in consultation with affected local 
     officials with responsibility for transportation.
       ``(C) Indian tribal areas.--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) Participation by interested parties.--In developing 
     the long-range transportation plan, the State shall--
       ``(A) provide citizens, affected public agencies, 
     representatives of transportation agency employees, freight 
     shippers, private providers of transportation, 
     representatives of users of public transit, providers of 
     freight transportation services, 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.
       ``(4) Financial plan.--The long-range transportation plan 
     may include a financial plan that demonstrates how the 
     adopted long-range transportation plan can be implemented, 
     indicates resources from public and private sources that are 
     reasonably expected to be made available to carry out the 
     plan, and recommends any additional financing strategies for 
     needed projects and programs. The financial plan may include, 
     for illustrative purposes, additional projects that would be 
     included in the adopted transportation plan if reasonable 
     additional resources beyond those identified in the financial 
     plan were available.
       ``(5) Selection of projects from illustrative list.--
     Notwithstanding paragraph (4), a State shall not be required 
     to select any project from the illustrative list of 
     additional projects included in the financial plan under 
     paragraph (4).''.
       (f) State Transportation Improvement Program.--Section 
     135(f) of such title is amended to read as follows:
       ``(f) State Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--Each 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 5303 of title 49.
       ``(ii) Nonmetropolitan areas.--

       ``(I) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed in 
     consultation with affected local officials with 
     responsibility for transportation.

[[Page H3813]]

       ``(II) Review.--Not later than 1 year after the date of 
     enactment of this subclause, the State shall submit to the 
     Secretary the details of the consultative planning process 
     developed by the State for nonmetropolitan areas under 
     subclause (I). The Secretary shall not review or approve such 
     process.

       ``(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, freight shippers, private providers of 
     transportation, providers of freight transportation services, 
     representatives of users of public transit, 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 in the transportation 
     improvement program.
       ``(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 in the transportation improvement program.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall be--
       ``(i) consistent with the long-range transportation plan 
     developed under this section for the State;
       ``(ii) identical to the project as described in an approved 
     metropolitan transportation improvement program; and
       ``(iii) 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 such Act.
       ``(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.
       ``(E) Financial plan.--The transportation improvement 
     program may include a financial plan that demonstrates how 
     the approved transportation improvement program can be 
     implemented, indicates resources from public and private 
     sources that are reasonably expected to be made available to 
     carry out the plan, and recommends any additional financing 
     strategies for needed projects and programs. The financial 
     plan may include, for illustrative purposes, additional 
     projects that would be included in the adopted 
     transportation plan if reasonable additional resources 
     beyond those identified in the financial plan were 
     available.
       ``(F) Selection of projects from illustrative list.--
       ``(i) No required selection.--Notwithstanding subparagraph 
     (E), a State shall not be required to select any project from 
     the illustrative list of additional projects included in the 
     financial plan under subparagraph (E).
       ``(ii) Required action by the secretary.--Action by the 
     Secretary shall be required for a State to select any project 
     from the illustrative list of additional projects included in 
     the financial plan under subparagraph (E) for inclusion in an 
     approved transportation improvement program.
       ``(G) Priorities.--The program shall reflect the priorities 
     for programming and expenditures of funds, including 
     transportation enhancement activities, 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 and 
     projects carried out under the bridge program or the 
     Interstate maintenance program) 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 and projects carried out in such areas under 
     the bridge program or the Interstate maintenance program 
     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, section 134, and sections 5303 through 5305 of title 
     49, 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 in the program.''.
       (g) Funding.--Section 134(g) of such title is amended by 
     striking ``section 307(c)(1)'' and inserting ``section 
     505(a)''.
       (h) Continuation of Current Review Practice.--Section 135 
     of such title is amended by adding at the end the following:
       ``(i) Continuation of Current Review Practice.--Since plans 
     and programs described in this section 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 such Act as of January 
     1, 1997, any decision by the Secretary concerning a plan or 
     program described in this section 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.).''.
       (i) Participation of Local Elected Officials.--
       (1) Study.--The Secretary shall conduct a study on the 
     effectiveness of the participation of local elected officials 
     in transportation planning and programming. In conducting the 
     study, the Secretary shall consider the degree of cooperation 
     between each State, local officials in rural areas in the 
     State, and regional planning and development organizations in 
     the State.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report containing the results of the study with 
     any recommendations the Secretary determines appropriate as a 
     result of the study.

     SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

       (a) Contracting Procedures.--Section 112(b)(2) of title 23, 
     United States Code, is amended in clauses (i) and (ii) of 
     subparagraph (B) by striking ``, except to'' each place it 
     appears and all that follows through the period at the end 
     and inserting a period.
       (b) Selection Process.--Section 112 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Selection Process.--A State may procure, under a 
     single contract, the services of a consultant to prepare any 
     environmental impact assessments or analyses required for a 
     project, including environmental impact statements, as well 
     as subsequent engineering and design work on the project if 
     the State conducts a review that assesses the objectivity of 
     the environmental assessment, environmental analysis, or 
     environmental impact statement prior to its submission to the 
     Secretary.''.

     SEC. 1206. ACCESS OF MOTORCYCLES.

       Section 102 of title 23, United States Code, is amended by 
     redesignating subsection (b) as subsection (c) and by 
     inserting after subsection (a) the following:
       ``(b) Access of Motorcycles.--No State or political 
     subdivision of a State may enact or enforce a law that 
     applies only to motorcycles and the principal purpose of 
     which is to restrict the access of motorcycles to any highway 
     or portion of a highway for which Federal-aid highway funds 
     have been utilized for planning, design, construction, or 
     maintenance. Nothing in this subsection shall affect the 
     authority of a State or political subdivision of a State to 
     regulate motorcycles for safety.''.

     SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       (a) Ferry Operating and Leasing Amendments.--Section 
     129(c)(3) of title 23, United States Code, is amended by 
     striking ``owned.'' and inserting ``owned or operated or 
     majority publicly owned if the Secretary determines with 
     respect to a majority publicly owned ferry or ferry terminal 
     facility that such ferry boat or ferry terminal facility 
     provides substantial public benefits.''; and
       (b) Reauthorization.--Section 1064 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 
     note; 105 Stat. 2005) is amended--
       (1) in the second sentence of subsection (c) by striking 
     ``Such sums'' and inserting ``Sums made available to carry 
     out this section'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Set-Aside for Projects on NHS.--
       ``(1) In general.--$20,000,000 of the amount made available 
     to carry out this section for each of fiscal years 1999 
     through 2003 shall be obligated for the construction or 
     refurbishment of ferry boats and ferry terminal facilities 
     and approaches to such facilities within marine highway 
     systems that are part of the National Highway System.
       ``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal 
     year made available under paragraph (1) shall be made 
     available to the State of Alaska.''.
       ``(3) New jersey.--$5,000,000 of the $20,000,000 for a 
     fiscal year made available under paragraph (1) shall be made 
     available to the State of New Jersey.''.
       ``(4) Washington.--$5,000,000 of the $20,000,000 for a 
     fiscal year made available under paragraph (1) shall be made 
     available to the State of Washington.''.
       (c) Study.--
       (1) In general.--The Secretary shall conduct a study of 
     ferry transportation in the United States and its 
     possessions--
       (A) to identify existing ferry operations, including--
       (i) the locations and routes served; and
       (ii) the source and amount, if any, of funds derived from 
     Federal, State, or local government sources supporting ferry 
     construction or operations;
       (B) to identify potential domestic ferry routes in the 
     United States and its possessions and to develop information 
     on those routes; and
       (C) to identify the potential for use of high-speed ferry 
     services and alternative-fueled ferry services.
       (2) Report.--The Secretary shall submit a report on the 
     results of the study to the Committee on Transportation and 
     Infrastructure of the

[[Page H3814]]

     House of Representatives and the Committee on Environment and 
     Public Works of the Senate.

     SEC. 1208. TRAINING.

       (a) Training Positions for Welfare Recipients.--Section 
     140(a) of title 23, United States Code, is amended by 
     inserting after the third sentence the following: ``In 
     implementing such programs, a State may reserve training 
     positions for persons who receive welfare assistance from 
     such State; except that the implementation of any such 
     program shall not cause current employees to be displaced or 
     current positions to be supplanted or preclude workers that 
     are participating in an apprenticeship, skill improvement, or 
     other upgrading program registered with the Department of 
     Labor or the appropriate State agency from being referred to, 
     or hired on, projects funded under this title without regard 
     to the length of time of their participation in such 
     program.''.
       (b) Highway Training.--Section 140(b) of such title is 
     amended--
       (1) in the first sentence--
       (A) by inserting ``and technology'' after ``construction''; 
     and
       (B) by inserting after ``programs'' the following: ``, and 
     to develop and fund summer transportation institutes''; and
       (2) in the second sentence by striking ``104(b)'' and 
     inserting ``104(b)(3)''.
       (c) Supportive Services.--Section 140(c) of such title is 
     amended by striking ``104(a)'' and inserting ``104(b)(3)''.

     SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION 
                   VEHICLES.

       Section 102(a) of title 23, United States Code, is 
     amended--
       (1) by striking ``A State'' and inserting the following:
       ``(1) In general.--A State'';
       (2) by adding at the end the following:
       ``(2) Exception for inherently low-emission vehicles.--
     Notwithstanding paragraph (1), before September 30, 2003, a 
     State may permit a vehicle with fewer than 2 occupants to 
     operate in high occupancy vehicle lanes if the vehicle is 
     certified as an Inherently Low-Emission Vehicle pursuant to 
     title 40, Code of Federal Regulations, and is labeled in 
     accordance with, section 88.312-93(c) of such title. Such 
     permission may be revoked by the State should the State 
     determine it necessary.''; and
       (3) by aligning the remainder of paragraph (1) (as 
     designated by paragraph (1) of this subsection) with 
     paragraph (2) (as added by paragraph (2) of this subsection).

     SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

       (a) Establishment.--The Secretary shall establish an 
     advanced travel forecasting procedures program--
       (1) to provide for completion of the advanced 
     transportation model developed under the Transportation 
     Analysis Simulation System (referred to in this section as 
     ``TRANSIMS''); and
       (2) to provide support for early deployment of the advanced 
     transportation modeling computer software and graphics 
     package developed under TRANSIMS and the program established 
     under this section to States, local governments, and 
     metropolitan planning organizations with responsibility for 
     travel modeling.
       (b) Eligible Activities.--The Secretary shall use funds 
     made available under this section to--
       (1) provide funding for completion of core development of 
     the advanced transportation model;
       (2) develop user-friendly advanced transportation modeling 
     computer software and graphics packages;
       (3) provide training and technical assistance with respect 
     to the implementation and application of the advanced 
     transportation model to States, local governments, and 
     metropolitan planning organizations with responsibility for 
     travel modeling; and
       (4) allocate funds to not more than 12 entities described 
     in paragraph (3), representing a diversity of populations and 
     geographic regions, for a pilot program to enable 
     transportation management areas designated under section 
     134(i) of title 23, United States Code, to convert from the 
     use of travel forecasting procedures in use by the areas as 
     of the date of enactment of this Act to the use of the 
     advanced transportation model.
       (c) Funding.--
       (1) In general.--There are authorized to be appropriated 
     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. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.

       (a) Pennsylvania Station Redevelopment Corporation Board of 
     Directors.--Section 1069(gg) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.) 
     is amended by adding at the end the following:
       ``(3) Pennsylvania station redevelopment corporation board 
     of directors.--In furtherance of the redevelopment of the 
     James A. Farley Post Office in New York, New York, into an 
     intermodal transportation facility and commercial center, the 
     Secretary, the Administrator of the Federal Railroad 
     Administration, or their designees are authorized to serve as 
     ex officio members of the Board of Directors of the 
     Pennsylvania Station Redevelopment Corporation.''.
       (b) Union Station Redevelopment Corporation Board of 
     Directors.--Subtitle B of title I of the National Visitor 
     Center Facilities Act of 1968 (40 U.S.C. 811 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.

       ``To further the rehabilitation, redevelopment and 
     operation of the Union Station complex, the Secretary of 
     Transportation, the Administrator of the Federal Railroad 
     Administration, or their designees are authorized to serve as 
     ex officio members of the Board of Directors of the Union 
     Station Redevelopment Corporation.
       (c) 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.
       (d) 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''.
       (e) Right-of-Way Revolving Fund.--
       (1) Termination.--Section 108 of title 23, United States 
     Code, is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsection (d) as subsection (c).
       (2) Transition provision.--
       (A) In general.--Funds advanced to a State by the Secretary 
     from the right-of-way revolving fund established by section 
     108(c) of title 23, United States Code, prior to the date of 
     enactment of this Act 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.
       (B) 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 subparagraph (A), 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--
       (i) the Highway Trust Fund (other than the Mass Transit 
     Account) shall be credited with an amount equal to the 
     Federal share of the funds advanced, as provided in section 
     120 of title 23, United States Code, 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
       (ii) 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 (other than 
     the Mass Transit Account).
       (g) Pilot Toll Collection Program.--Section 129 of title 
     23, United States Code, is amended by striking subsection 
     (d).
       (h) Congressional Bridge Commissions.--Public Law 87-441 
     (76 Stat. 59) is repealed.
       (i) ISTEA High Priority Corridors.--
       (1) In general.--Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) 
     is amended--
       (A) by striking paragraph (5)(B)(iii)(I)(ff) and inserting 
     the following:

       ``(ff) South Carolina State line to the Myrtle Beach Conway 
     region to Georgetown, South Carolina, including a connection 
     to Andrews following the route 41 corridor and to Camden 
     following the U.S. Route 521 corridor; and'';

       (B) by striking paragraph (5)(B)(iii)(II)(hh) and inserting 
     the following:

       ``(hh) South Carolina State line to the Myrtle Beach Conway 
     region to Georgetown, South Carolina.'';

       (C) in paragraph (9) by inserting after ``New York'' the 
     following: ``, including United States Route 322 between 
     United States Route 220 and I-80'';
       (D) in paragraph (18)--
       (i) by striking ``(18) Corridor from Indianapolis,'' and 
     inserting the following:
       ``(18) Corridor from Sarnia, Ontario, Canada, through Port 
     Huron, Michigan, southwesterly along Interstate Route 69 
     through Indianapolis,''; and
       (ii) by striking ``and to include'' and inserting the 
     following: ``as follows:
       ``(A) In Michigan, the corridor shall be from Sarnia, 
     Ontario, Canada, southwesterly along Interstate Route 94 to 
     the Ambassador Bridge interchange in Detroit, Michigan.
       ``(B) In Michigan and Illinois, the corridor shall be from 
     Windsor, Ontario, Canada, through Detroit, Michigan, westerly 
     along Interstate Route 94 to Chicago, Illinois.
       ``(C) In Tennessee, Mississippi, Arkansas, and Louisiana, 
     the Corridor shall--
       ``(i) follow the alignment generally identified in the 
     Corridor 18 Special Issues Study Final Report; and
       ``(ii) include a connection between the Corridor in the 
     vicinity of Monticello, Arkansas, to Pine Bluff, Arkansas.

[[Page H3815]]

       ``(D) In the Lower Rio Grande Valley, the Corridor shall--
       ``(i) include United States Route 77 from the Rio Grande 
     River to Interstate Route 37 at Corpus Christi, Texas, and 
     then to Victoria, Texas, via United States Route 77;
       ``(ii) include United States Route 281 from the Rio Grande 
     River to Interstate Route 37 and then to Victoria, Texas, via 
     United States Route 59; and
       ``(iii) include'';
       (E) in paragraph (21) by striking ``United States Route 17 
     in the vicinity of Salamanca, New York'' and inserting 
     ``Interstate Route 80'';
       (F) by inserting ``, including I-29 between Kansas City and 
     the Canadian border'' before the period at the end of 
     paragraph (23); and
       (G) by inserting after paragraph (29) the following:
       ``(30) Interstate Route 5 in the States of California, 
     Oregon, and Washington, including California State Route 905 
     between Interstate Route 5 and the Otay Mesa Port of Entry.
       ``(31) The Mon-Fayette Expressway and Southern Beltway in 
     Pennsylvania and West Virginia.
       ``(32) The Wisconsin Development Corridor from the Iowa, 
     Illinois, and Wisconsin border near Dubuque, Iowa, to the 
     Upper Mississippi River Basin near Eau Claire, Wisconsin, as 
     follows:
       ``(A) United States Route 151 from the Iowa border to Fond 
     du Lac via Madison, Wisconsin, then United States Route 41 
     from Fond du Lac to Marinette via Oshkosh, Appleton, and 
     Green Bay, Wisconsin.
       ``(B) State Route 29 from Green Bay to I-94 via Wausau, 
     Chippewa Falls, and Eau Claire, Wisconsin.
       ``(C) United States Route 10 from Appleton to Marshfield, 
     Wisconsin.
       ``(33) The Capital Gateway Corridor following United States 
     Route 50 from the proposed intermodal transportation center 
     connected to I-395 in Washington, D.C., to the intersection 
     of United States Route 50 with Kenilworth Avenue and the 
     Baltimore-Washington Parkway in Maryland.
       ``(34) The Alameda Corridor East and Southwest Passage, 
     California. The Alameda Corridor East is generally described 
     as 52.8 miles from east Los Angeles (terminus of Alameda 
     Corridor) through the San Gabriel Valley terminating at 
     Colton Junction in San Bernardino. The Southwest Passage 
     shall follow I-10 from San Bernardino to the Arizona State 
     line and I-8 from San Diego to the Arizona State line.
       ``(35) Everett-Tacoma FAST Corridor.
       ``(36) New York and Pennsylvania State Route 17 from 
     Harriman, New York, to its intersection with I-90 in 
     Pennsylvania.
       ``(37) United States Route 90 from I-49 in Lafayette, 
     Louisiana, to I-10 in New Orleans.
       ``(38) The Ports-to-Plains Corridor from the Mexican Border 
     via I-27 to Denver, Colorado.
       ``(39) United States Route 63 from Marked Tree, Arkansas, 
     to I-55.
       ``(40) The Greensboro Corridor from Danville, Virginia, to 
     Greensboro, North Carolina, along United States Route 29.
       ``(41) The Falls-to-Falls Corridor--United States Route 53 
     from International Falls on the Minnesota/Canada border to 
     Chippewa Falls, Wisconsin.
       ``(42) 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 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.
       ``(43) The United States Route 95 Corridor from the 
     Canadian border at Eastport, Idaho, to the Oregon State 
     border.''.
       (2) Provisions applicable to corridors.--Section 
     1105(e)(5)(A) of such Act is amended--
       (A) by inserting after ``referred to'' the first place it 
     appears the following: ``in subsection (c)(1),'';
       (B) by striking ``and'' the second place it appears; and
       (C) by inserting after ``(c)(20)'' the following: ``, in 
     subsection (c)(36), in subsection (c)(37), in subsection 
     (c)(40), and in subsection (c)(42)''.
       (3) Routes.--Section 1105(e)(5) of such Act is further 
     amended--
       (A) in subparagraph (A) by inserting ``(except with respect 
     to Georgetown County)'' before ``(iii)'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) Routes.--
       ``(i) Designation.--The routes referred to in subsections 
     (c)(18) and (c)(20) shall be designated as Interstate Route 
     I-69. A State having jurisdiction over any segment of routes 
     referred to in subsections (c)(18) and (c)(20) shall erect 
     signs identifying such segment that is consistent with the 
     criteria set forth in subsections (e)(5)(A)(i) and 
     (e)(5)(A)(ii) as Interstate Route I-69, including segments of 
     United States Route 59 in the State of Texas. The segment 
     identified in subsection (c)(18)(B)(i) shall be designated as 
     Interstate Route I-69 East, and the segment identified in 
     subsection (c)(18)(B)(ii) shall be designated as Interstate 
     Route I-69 Central. The State of Texas shall erect signs 
     identifying such routes as segments of future Interstate 
     Route I-69.
       ``(ii) Rulemaking to determine future interstate sign 
     erection criteria.--The Secretary shall conduct a rulemaking 
     to determine the appropriate criteria for the erection of 
     signs for future routes on the Interstate System identified 
     in subparagraph (A). Such rulemaking shall be undertaken in 
     consultation with States and local officials and shall be 
     completed not later than December 31, 1998.'';
       (D) by striking the last sentence of subparagraph (A) and 
     inserting it as the first sentence of subparagraph (B)(i) (as 
     inserted by subparagraph (C) of this paragraph); and
       (E) in subparagraph (D) (as redesignated by subparagraph 
     (B) of this paragraph), by striking ``(C)'' and inserting 
     ``(D)''.
       (j) Winter Home Heating Oil Delivery.--Section 346 of the 
     National Highway System Designation Act of 1995 (109 Stat. 
     615-616) is amended--
       (1) in subsection (a) by striking ``season in the 6-month 
     period beginning on November 1, 1996'' and inserting 
     ``seasons in the 18-month period beginning on November 1, 
     1998''; and
       (2) by adding at the end the following:
       ``(g) Study.--Not later than 1 year after the completion of 
     the pilot program, the Secretary shall submit to Congress a 
     report on the results of the program, including an assessment 
     of any impact on public safety.''.
       (k) Future Corridor Segment.--
       (1) Study.--The Secretary shall conduct a study to 
     determine the feasibility of providing an Interstate quality 
     road for a route that runs in south/west direction generally 
     along United States Route 61 and crosses the Mississippi 
     River in the vicinity of Memphis, Tennessee, to Highway 79 
     and generally follows Highway 79 to Pine Bluff, Arkansas.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $500,000 for fiscal year 1999 to carry out the study.
       (3) Applicability of title 23, united states code.--Funds 
     authorized by this subsection shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code, 
     except that such funds shall remain available until expended.
       (l) Baton Rouge, Louisiana.--
       (1) Reduction in scope of project.--Section 149(a) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 181-198) is amended in paragraph (47)(B)--
       (A) by inserting ``and'' after the semicolon at the end of 
     clause (i);
       (B) by striking ``; and'' at the end of clause (ii) and 
     inserting a period; and
       (C) by striking clause (iii).
       (2) Applicability of obligation limitation.--
     Notwithstanding any other provision of law, the project 
     described in section 149(a)(47)(B) of such Act shall be 
     subject to any limitation on obligations for Federal-aid 
     highway and highway safety construction programs.
       (m) Amendments to Surface Transportation Assistance Act of 
     1982.--Section 146 of the Surface Transportation Assistance 
     Act of 1982 (96 Stat. 2130), relating to lane restrictions, 
     is repealed.
       (n) Substitute Project.--Section 1045 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     1994) is amended in subsection (a)--
       (1) by striking ``(a) Approval of Project.--
     Notwithstanding'' and inserting the following:
       ``(a) Approval of Project.--
       ``(1) Notwithstanding''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding paragraph (1) and subsection (c) of 
     this section, upon the request of the Governor of the State 
     of Wisconsin, submitted by October 1, 2000, the Secretary 
     shall approve 1 or more substitute projects in lieu of the 
     substitute project approved by the Secretary under paragraph 
     (1) and subsection (c) of this section.''.

     SEC. 1212. MISCELLANEOUS.

       (a) State Transportation Department.--
       (1) In general.--Section 302 of title 23, United States 
     Code, is amended--
       (A) in subsection (a) by striking the second sentence; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Compliance.--Compliance with subsection (a) 
     shall have no effect on the eligibility of costs.''.
       (2) Change in term defined.--
       (A) In general.--Title 23, United States Code, is amended--
       (i) by striking ``State highway department'' each place it 
     appears and inserting ``State transportation department''; 
     and
       (ii) by striking ``State highway departments'' each place 
     it appears and inserting ``State transportation 
     departments''.
       (B) Conforming amendments.--
       (i) 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''.
       (ii) Section 302 of title 23, United States Code, is 
     amended in the section heading by striking ``highway'' and 
     inserting ``transportation''.
       (iii) 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''.
       (iv) 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); 92 
     Stat. 2710) is amended in the first sentence--

       (I) by striking ``Federal-aid primary system'' and 
     inserting ``National Highway System''; and
       (II) by striking ``State highway department'' and inserting 
     ``State transportation department''.

       (b) Infrastructure Awareness Program.--
       (1) In general.--The Secretary is authorized to fund the 
     production, in cooperation with a not-for-profit national 
     public television station and the National Academy of 
     Engineering, of a documentary about infrastructure that shall 
     demonstrate how public works and infrastructure projects 
     stimulate job growth and the economy and contribute to the 
     general welfare of the Nation.

[[Page H3816]]

       (2) Federal share.--
       (A) In general.--The Federal share of the cost of 
     production of the documentary shall be 60 percent. The non-
     Federal share shall be provided from private sources and 
     shall include amounts expended by such sources for the 
     production before the date of enactment of this Act.
       (B) Calculation.--The calculation of the Federal and non-
     Federal shares under this paragraph shall be made over the 
     term for which sums are authorized to be appropriated under 
     paragraph (3).
       (3) Funding.--There is authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $888,000 for fiscal year 1998, 
     and $1,000,000 for each of fiscal years 1999 and 2000. Such 
     funds shall remain available until expended.
       (4) Applicability of title 23.--Funds authorized by this 
     paragraph shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this subsection shall be 
     determined in accordance with this subsection.
       (c) Mass Transportation Buses.--Section 1023(h)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 127 note) is amended by striking ``the date on which'' 
     and all that follows through ``1995'' and inserting ``October 
     1, 2003''.
       (d) Vehicle Weight Limitations.
       (1) In general.--Section 127(a) of title 23, United States 
     Code, is amended--
       (A) by inserting before the next to the last sentence the 
     following: ``With respect to the State of Colorado, vehicles 
     designed to carry 2 or more precast concrete panels shall be 
     considered a nondivisible load.''; and
       (B) by adding at the end the following: ``The State of 
     Louisiana may allow, by special permit, the operation of 
     vehicles with a gross vehicle weight of up to 100,000 pounds 
     for the hauling of sugarcane during the harvest season, not 
     to exceed 100 days annually. With respect to Interstate Route 
     95 in the State of New Hampshire, State laws (including 
     regulations) concerning vehicle weight limitations that were 
     in effect on January 1, 1987, and are applicable to State 
     highways other than the Interstate System, shall be 
     applicable in lieu of the requirements of this subsection. 
     With respect to that portion of the Maine Turnpike 
     designated Interstate Route 95 and 495, and that portion 
     of Interstate Route 95 from the southern terminus of the 
     Maine Turnpike to the New Hampshire State line, laws 
     (including regulations) of the State of Maine concerning 
     vehicle weight limitations that were in effect on October 
     1, 1995, and are applicable to State highways other than 
     the Interstate System, shall be applicable in lieu of the 
     requirements of this subsection.''.
       (2) Studies.--
       (A) Colorado.--
       (i) In general.--In consultation with the Secretary, the 
     State of Colorado shall conduct a study analyzing the 
     economic, safety, and infrastructure impacts of the exemption 
     provided by the amendment made by paragraph (1)(A), including 
     the impact of not having such an exemption. In preparing the 
     study, the State shall provide adequate opportunity for 
     public comment.
       (ii) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $200,000 for fiscal year 1999 to carry out the study.
       (B) Louisiana.--
       (i) In general.--In consultation with the Secretary, the 
     State of Louisiana shall conduct a study analyzing the 
     economic, safety, and infrastructure impacts of the exemption 
     provided by the amendment made by paragraph (1)(B), including 
     the impact of not having such an exemption. In preparing the 
     study, the State shall provide adequate opportunity for 
     public comment.
       (ii) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $200,000 for fiscal year 1999 to carry out the study.
       (C) Maine.--
       (i) In general.--In consultation with the Secretary, the 
     State of Maine shall conduct a study analyzing the economic, 
     safety, and infrastructure impacts of the exemption provided 
     by the amendment made by paragraph (1)(B), including the 
     impact of not having such an exemption. In preparing the 
     study, the State shall provide adequate opportunity for 
     public comment.
       (ii) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $200,000 for fiscal year 1999 to carry out the study.
       (D) New Hampshire.--
       (i) In general.--In consultation with the Secretary, the 
     State of New Hampshire shall conduct a study analyzing the 
     economic, safety, and infrastructure impacts of the exemption 
     provided by the amendment made by paragraph (1)(B), including 
     the impact of not having such an exemption. In preparing the 
     study, the State shall provide adequate opportunity for 
     public comment.
       (ii) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $200,000 for fiscal year 1999 to carry out the study.
       (E) Applicability of title 23, united states code.--Funds 
     authorized by this paragraph shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code; 
     except that such funds shall remain available until expended.
       (k) Driver Training and Safety Center.--
       (1) In general.--The Secretary shall make grants to 
     establish a driver training and safety center at 
     Connellsville, Pennsylvania.
       (2) Purpose.--The purpose of the facility shall be to train 
     and enhance the driving skills of motor vehicle and emergency 
     vehicle operators.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $2,500,000 for each of fiscal years 1999 through 2001.
       (4) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the funds shall 
     remain available until expended.
       (l) Ohio River Welcome Center.--
       (1) In general.--The Secretary shall make grants to 
     establish a welcome center in Point Pleasant, West Virginia.
       (2) Access.--The center shall be accessible by motor 
     vehicle, bicycle, pedestrian walkway, and river 
     transportation.
       (3) Facilities.--The center shall include a comfort 
     station, picnic and sitting plaza, a small amphitheater, a 
     deep river port, a marina, and a walking trail.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section $412,900 
     for fiscal year 1999, $1,362,500 for fiscal year 2000, and 
     $699,500 for fiscal year 2001.
       (5) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of activities carried out using the funds shall 
     be 50 percent and the funds shall remain available until 
     expended.
       (m) Project Flexibility for Minnesota.--Notwithstanding any 
     other provision of law, funds allocated for a project in the 
     State of Minnesota under section 117 of title 23, United 
     States Code, may be obligated for any other project in the 
     State for which funds are so allocated; except that the total 
     amount of funds authorized for any project for which funds 
     are so allocated shall not be reduced.
       (n) Baltimore Washington Parkway.--Notwithstanding any 
     other provision of law, the Federal share of the cost of a 
     project for which funds are allocated under section 117 of 
     title 23, United States Code, for renovation and construction 
     of the Baltimore Washington Parkway in Prince Georges County, 
     Maryland, shall be 100 percent.
       (o) Bicycle and Pedestrian Safety Grants.--
       (1) In general.--The Secretary shall make grants to a 
     national, not-for-profit organization engaged in promoting 
     bicycle and pedestrian safety--
       (A) to operate a national bicycle and pedestrian 
     clearinghouse;
       (B) to develop information and educational programs; and
       (C) to disseminate techniques and strategies for improving 
     bicycle and pedestrian safety.
       (D) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $500,000 for each of fiscal years 1998 through 2003.
       (E) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the funds shall 
     remain available until expended.
       (p) Heavy Equipment Operator Training Facility.--
       (1) Establishment.--The Secretary shall establish a heavy 
     equipment operator training facility in Hibbing, Minnesota. 
     The purpose of the facility shall be to develop an 
     appropriate curriculum for training, and to train operators 
     and future operators of heavy equipment in the safe use of 
     such equipment.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) $500,000 for each of fiscal years 
     1998 and 1999 to carry out this subsection.
       (3) Applicability of title 23.--Funds made available to 
     carry out this subsection shall be available for obligation 
     in the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code; except that the 
     Federal share of the cost of establishment of the facility 
     under this subsection shall be 80 percent and such funds 
     shall remain available until expended.
       (q) Motor Carrier Operator Vehicle and Training Facility.--
       (1) Establishment.--The Secretary shall make grants to the 
     State of Pennsylvania to establish and operate an advanced 
     tractor trailer safety and operator training facility in 
     Chambersburg, Pennsylvania. The purpose of the facility shall 
     be to develop and coordinate an advance curriculum for the 
     training of operators and future operators of tractor 
     trailers. The facility shall conduct training on the test 
     track at Letterkenny Army Depot and the unused segment of the 
     Pennsylvania Turnpike located in Bedford County, 
     Pennsylvania. The facility shall be operated by a not-for-
     profit entity and, when Federal assistance is no longer being 
     provided with respect to the facility, shall be privately 
     operated.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) $500,000 for each of fiscal years 
     1998 through 2003 to carry out this subsection.
       (3) Applicability of title 23.--Funds made available to 
     carry out this subsection shall be available for obligation 
     in the same manner as

[[Page H3817]]

     if such funds were apportioned under chapter 1 of title 23, 
     United States Code, except that such funds shall remain 
     available until expended and the Federal share of the cost of 
     establishment and operation of the facility under this 
     subsection shall be 80 percent.
       (r) High Priority Las Vegas Intermodal Center.--
       (1) In general.--The Secretary shall provide $2,000,000 for 
     fiscal year 1999 and $2,500,000 for fiscal year 2000 for the 
     High Priority Las Vegas Intermodal Center in Las Vegas, 
     Nevada.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (s) Seismic Design.--
       (1) In general.--The Secretary shall provide--
       (A) $8,000,000 for fiscal year 1999 for seismic design and 
     engineering of the Mississippi/Arkansas Great River Bridge;
       (B) $8,000,000 for fiscal year 1999 to the State of 
     Missouri for seismic design and deployment; and
       (C) $7,000,000 for fiscal year 1999 to the State of 
     Arkansas for seismic design and deployment.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (t) Biloxi Harbor, Mississippi.--The portion of the project 
     for navigation, Biloxi Harbor, Mississippi, authorized by the 
     River and Harbor Act of 1960 (74 Stat. 481), for the Bernard 
     Bayou Channel beginning near the Air Force Oil Terminal at 
     approximately navigation mile 2.6 and extending downstream to 
     the North-South \1/2\ of Section 30, Township 7 South, Range 
     10 West, Harrison County, Mississippi, just west of Kremer 
     Boat Yards, is not authorized after the date of enactment of 
     this Act.
       (u) Clarification.--Notwithstanding any other provision of 
     law, the State of Pennsylvania is authorized to proceed with 
     engineering, final design, and construction of Corridor O of 
     the Appalachian development highway system between Bald Eagle 
     and Interstate Route 80. All records of decision relating to 
     Corridor O issued prior to the date of enactment of this Act 
     shall remain in effect.
       (v) Limitation on Statutory Construction.--Nothing in this 
     Act shall be construed to prevent the operation of motorized 
     vehicles to transport boats across the portages between the 
     Moose Lake Chain and Basswood Lake, Minnesota, and between 
     Vermilion Lake and Trout Lake, Minnesota.
       (w) Miscellaneous Projects.--
       (1) Replacement of roslyn viaduct.--
       (A) Project.--The Secretary is authorized to carry out a 
     project for replacement of a segment of the Roslyn elevated 
     highway (NY25A) on Long Island, New York.
       (B) Authorization.--There is authorized to be appropriated 
     to carry out this paragraph $51,000,000 for fiscal years 
     beginning after September 30, 1998. Such sums shall remain 
     available until expended.
       (2) Design and engineering for miller highway.--
       (A) Project.--The Secretary is authorized to carry out a 
     project for design and engineering of the Miller Highway on 
     the west side of Manhattan, New York.
       (B) Authorization.--There is authorized to be appropriated 
     to carry out this paragraph $15,000,000 for fiscal years 
     beginning after September 30, 1998. Such sums shall remain 
     available until expended.
       (3) Williamsville toll barrier.--
       (A) Project.--The Secretary is authorized to carry out a 
     project to relocate a toll barrier complex to relieve traffic 
     congestion in the Buffalo, New York, area.
       (B) Authorization.--There is authorized to be appropriated 
     to carry out this paragraph $20,000,000 for fiscal years 
     beginning after September 30, 1998. Such sums shall remain 
     available until expended.
       (x) St. Georges, Delaware.--The Secretary of the Army shall 
     transfer all right, title, and interest of the United States 
     in the highway bridge on United States Route 13 in the 
     vicinity of St. Georges, Delaware, to the State of Delaware 
     if the transfer is necessary to facilitate retransfer to a 
     private entity for the purpose of demonstrating the 
     effectiveness and efficiency of the use of large-scale 
     composites technology for bridge rehabilitation. In 
     evaluating the level of service for all Federal crossings 
     over the Chesapeake and Delaware Canal in Delaware, the total 
     vehicle trips per day on this transferred bridge shall be 
     attributed to the remaining Federal crossing at St. Georges, 
     Delaware (the SR1 Bridge). If the transfer is completed 
     within 180 days after the date of enactment of this Act, the 
     Secretary shall provide $10,000,000 to the State for the 
     State to use in rehabilitating the bridge.
       (y) Mount Paran Interchange Project for Interstate Route 
     75.--Notwithstanding any other provision of law, none of the 
     funds made available under this Act or title 23, United 
     States Code, shall be used to carry out a project to 
     construct or improve the Mount Paran interchange on 
     Interstate Route 75 in Georgia unless the Atlanta Regional 
     Commission approves the project after the date of enactment 
     of this Act.
       (z) Nittany Parkway.--The Secretary shall designate 31 
     miles of Pennsylvania State Route 26 between Huntingdon, 
     Pennsylvania, and State College, Pennsylvania, as the Nittany 
     Parkway.

     SEC. 1213. 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 (in this 
     subsection referred to 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 to Congress a report 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 model 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, before 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 to Congress a report 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 to Congress a report on the results of the study.
       (c) Use of Uniformed Police Officers on Federal-Aid Highway 
     Construction Projects.--
       (1) Study.--In consultation with the States, State 
     transportation departments, and law enforcement 
     organizations, 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.
       (2) 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, including any 
     legislative and administrative recommendations of the 
     Secretary.
       (d) Southwest Border Transportation Infrastructure.--
       (1) Assessment.--The Secretary shall conduct a 
     comprehensive assessment of the state of the transportation 
     infrastructure on the southwest border between the United 
     States and Mexico (in this subsection referred to as the 
     ``border'').
       (2) Consultation.--In carrying out the assessment, the 
     Secretary shall consult with--
       (A) the Secretary of State;
       (B) the Attorney General;
       (C) the Secretary of the Treasury;
       (D) the Commandant of the Coast Guard;
       (E) the Administrator of General Services;
       (F) the American Commissioner on the International Boundary 
     Commission, United States and Mexico;
       (G) State agencies responsible for transportation and law 
     enforcement in border States; and
       (H) municipal governments and transportation authorities in 
     sister cities in the border area.
       (3) Requirements.--In carrying out the assessment, the 
     Secretary shall--
       (A) assess the flow of commercial and private traffic 
     through designated ports of entry on the border;
       (B) assess the adequacy of transportation infrastructure in 
     the border area, including highways, bridges, railway lines, 
     and border inspection facilities;
       (C) assess the adequacy of law enforcement and narcotics 
     abatement activities in the border area, as the activities 
     relate to commercial and private traffic and infrastructure;
       (D) assess future demands on transportation infrastructure 
     in the border area; and
       (E) make recommendations to facilitate legitimate cross-
     border traffic in the border area, while maintaining the 
     integrity of the border.
       (4) 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 subsection, 
     including any related legislative and administrative 
     recommendations.
       (e) Study of Procurement Practices and Project Delivery.--
       (1) Study.--The Comptroller General shall conduct a study 
     to assess 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. 
     The study shall also assess the following:
       (A) Methods States use to mitigate such delays, including 
     the use of the courts to compel cooperation.
       (B) The prevalence and use of incentives to utility 
     companies for early completion of utility relocations on 
     Federal-aid transportation project sites and, conversely, 
     penalties assessed on utility companies for utility 
     relocation delays on such projects.
       (C) The extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-

[[Page H3818]]

     aid highway and bridge projects so as to eliminate or reduce 
     the need for or delays due to utility relocations.
       (D) Whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to them are delayed by utility-company-caused delays in 
     utility relocations and any methods used by States in making 
     any such compensation.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     to Congress a report on the results of the study with any 
     recommendations the Comptroller General determines 
     appropriate as a result of the study.
       (f) Specialized Hauling Vehicles.--
       (1) Study.--The Secretary shall conduct a study to examine 
     the impact of the truck weight standards on specialized 
     hauling vehicles. The study shall include, at a minimum, an 
     analysis of the economic, safety, and infrastructure impacts 
     of the standards.
       (2) 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 with any 
     recommendations the Secretary determines appropriate as a 
     result of the study.
       (g) Study of State Practices on Specific Service Signing.--
       (1) Study.--The Secretary shall conduct a study to 
     determine the practices in the States for specific service 
     food signs described in sections 2G-5.7 and 2G-5.8 of the 
     Manual on Uniform Traffic Control Devices for Streets and 
     Highways. The study shall examine, at a minimum--
       (A) the practices of all States for determining businesses 
     eligible for inclusion on such signs;
       (B) whether States allow businesses to be removed from such 
     signs and the circumstances for such removal;
       (C) the practices of all States for erecting and 
     maintaining such signs, including the time required for 
     erecting such signs; and
       (D) whether States contract out the erection and 
     maintenance of such signs.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study, including any 
     recommendations and, if appropriate modifications to the 
     Manual.
       (h) Vehicle Weight Enforcement.--
       (1) Study.--The Secretary shall conduct a study of State 
     laws (including regulations) relating to penalties for 
     violation of State commercial motor vehicle weight laws.
       (2) Purpose.--The purpose of the study shall be to 
     determine the effectiveness of State penalties as a deterrent 
     to illegally overweight trucking operations. The study shall 
     evaluate fine structures, innovative roadside enforcement 
     techniques, and a State's ability to penalize shippers and 
     carriers as well as drivers and shall examine the 
     effectiveness of administrative and judicial procedures 
     utilized to enforce vehicle weight laws.
       (3) 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 with any 
     legislative recommendations of the Secretary.
       (i) Commercial Motor Vehicle Study.--
       (1) In general.--The Secretary shall request the 
     Transportation Research Board of the National Academy of 
     Sciences to conduct a study regarding the regulation of 
     weights, lengths, and widths of commercial motor vehicles 
     operating on Federal-aid highways to which Federal 
     regulations apply on the date of enactment of this Act. In 
     conducting the study, the Board shall review law, 
     regulations, studies (including Transportation Research Board 
     Special Report 225), and practices and develop 
     recommendations regarding any revisions to law and 
     regulations that the Board determines appropriate.
       (2) Factors to consider and evaluate.--In developing 
     recommendations under paragraph (1), the Board shall consider 
     and evaluate the impact of the recommendations described in 
     paragraph (1) on the economy, the environment, safety, and 
     service to communities.
       (3) Consultation.--In carrying out the study, the Board 
     shall consult with the Department of Transportation, States, 
     the motor carrier industry, freight shippers, highway safety 
     groups, air quality and natural resource management groups, 
     commercial motor vehicle driver representatives, and other 
     appropriate entities.
       (4) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Board shall transmit to Congress 
     and the Secretary a report on the results of the study 
     conducted under this subsection.
       (5) Recommendations.--Not later than 180 days after the 
     date of receipt of the report under paragraph (4), the 
     Secretary may transmit to Congress a report containing 
     comments or recommendations of the Secretary regarding the 
     Board's report.
       (6) Funding.--There is authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $250,000 for each of fiscal years 1999 and 2000 to carry out 
     this subsection.
       (7) Applicability of title 23.--Funds made available to 
     carry out this subsection shall be available for obligation 
     in the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code; except that the 
     Federal share of the cost of the study under this subsection 
     shall be 100 percent and such funds shall remain available 
     until expended.
       (j) Traffic Analysis.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the State of Oklahoma to carry out a traffic 
     analysis to determine the feasibility of a trade processing 
     center in McClain County, Oklahoma.
       (2) Authorization.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this subsection $1,000,000 for fiscal 
     year 1999.
       (3) Applicability of title 23.--Funds made available to 
     carry out 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.
       (k) Study of Interstate High Speed Ground Transportation.--
       (1) Study.--The Secretary shall conduct a study to assess 
     the feasibility of providing high speed rail passenger 
     service from Atlanta,Georgia, to Charleston, South Carolina. 
     The study shall also assess the potential impact of rail 
     service on the tourism industry.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and to the Committee on Environment and 
     Public Works of the Senate a report on the results of the 
     study, together with any recommendations the Secretary 
     determines appropriate as a result of the study.

     SEC. 1214. FEDERAL ACTIVITIES.

       (a) Access to John F. Kennedy Center for the Performing 
     Arts.--
       (1) Study.--The Secretary, in cooperation with the District 
     of Columbia, the John F. Kennedy Center for the Performing 
     Arts, and the Department of the Interior and in consultation 
     with other interested persons, shall conduct a study of 
     methods to improve pedestrian and vehicular access to the 
     John F. Kennedy Center for the Performing Arts.
       (2) Report.--Not later than September 30, 1999, the 
     Secretary shall transmit 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 containing the results of the study with an assessment 
     of the impacts (including environmental, aesthetic, economic, 
     and historical impacts) associated with the implementation of 
     each of the methods examined under the study.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $500,000 for fiscal year 1998.
       (4) Applicability of title 23, united states code.--Funds 
     authorized by this subsection shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code; 
     except that the Federal share of the cost of activities 
     conducted using such funds shall be 100 percent and such 
     funds shall remain available until expended.
       (b) Smithsonian Institution Transportation Program.--
       (1) In general.--The Secretary shall allocate amounts made 
     available by this subsection for obligation at the discretion 
     of the Secretary of the Smithsonian Institution, in 
     consultation with the Secretary, to carry out projects and 
     activities described in paragraph (2).
       (2) Eligible uses.--Amounts allocated under paragraph (1) 
     may be obligated only--
       (A) for transportation-related exhibitions, exhibits, and 
     educational outreach programs;
       (B) to enhance the care and protection of the Nation's 
     collection of transportation-related artifacts;
       (C) to acquire historically significant transportation-
     related artifacts; and
       (D) to support research programs within the Smithsonian 
     Institution that document the history and evolution of 
     transportation, in cooperation with other museums in the 
     United States.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) $1,000,000 for each of fiscal years 
     1998 through 2003 to carry out this subsection.
       (4) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the Federal share 
     of the cost of any project or activity under this subsection 
     shall be 100 percent and such funds shall remain available 
     until expended.
       (c) New River Visitor Center.--
       (1) In general.--The Secretary shall allocate to the 
     Secretary of the Interior amounts made available by this 
     subsection for the planning, design, and construction of a 
     visitor center, and such other related facilities as may be 
     necessary, to facilitate visitor understanding and enjoyment 
     of the scenic, historic, cultural, and recreational resources 
     of the New River Gorge National River in the State of West 
     Virginia. The center and related facilities shall be located 
     at a site for which title is held by the United States in the 
     vicinity of the I-64 Sandstone intersection.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 
     1999, and $9,900,000 for fiscal year 2000.
       (3) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code; except that such funds shall 
     remain available until expended.
       (d) 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

[[Page H3819]]

     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) of title 23, United 
     States Code.
       (5) Funding.--
       (A) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this subsection $1,500,000 for each of 
     fiscal years 1998 through 2003.
       (B) Contract authority.--Funds authorized by 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.
       (e) National Defense Highways Outside the United States.--
       (1) 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.
       (2) Funding.--
       (A) In general.--For each of fiscal years 1998 through 
     2002, the Secretary may set aside not to exceed $18,800,000 
     from amounts to be apportioned under section 104(b)(4) of 
     title 23, United States Code, to carry out this section.
       (B) Availability.--Funds made available under subparagraph 
     (1) shall remain available until expended.
       (f) Sachuest Point National Wildlife Refuge.--
       (1) In general.--The Secretary shall provide $200,000 for 
     fiscal year 1999 to the United State Fish and Wildlife 
     Service to resurface the entrance road to Sachuest Point 
     National Wildlife Refuge.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $200,000 for fiscal year 1999.
       (3) Contract authority.--Funds authorized by 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.
       (g) Runway Removal at Ninigret National Wildlife Refuge.--
       (1) In general.--The Secretary shall provide $300,000 for 
     fiscal year 1999 to the United States Fish and Wildlife 
     Service to remove asphalt runways at Ninigret National 
     Wildlife Refuge and $500,000,000 shall be available to the 
     State of Rhode Island for Improvements to the T.F. Green 
     Intermodal Facility in Rhode Island for each of fiscal years 
     1999 through 2003.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $5,300,000 for fiscal year 1999 
     and $5,000,000 for each of fiscal years 2000 through 2003.
       (3) Contract authority.--Funds authorized by 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.
       (h) Middletown Visitor Center.--
       (1) In general.--The Secretary shall provide $500,000 for 
     fiscal year 1999 to the United States Fish and Wildlife 
     Service for the Middletown visitor center at Sachuest Point 
     National Wildlife Refuge.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $500,000 for fiscal year 1999.
       (3) Contract authority.--Funds authorized by 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.
       (i) Entrance Paving at Ninigret National Wildlife Refuge.--
       (1) In general.--The Secretary shall provide $750,000 for 
     fiscal year 1999 to the United States Fish and Wildlife 
     Service to pave the entrance road to the Ninigret National 
     Wildlife Refuge.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $750,000 for fiscal year 1999.
       (3) Contract authority.--Funds authorized by 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.
       (j) Education Center.--
       (1) In general.--The Secretary shall provide $1,000,000 for 
     each of fiscal years 1999 through 2003 to the United States 
     Fish and Wildlife Service for the education visitor center at 
     the Rhode Island National Wildlife Refuge complex.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $1,000,000 for each of fiscal 
     years 1999 through 2003.
       (3) Contract authority.--Funds authorized by 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.
       (k) Richmond National Battlefield Park.--
       (1) In general.--The Secretary shall provide $1,000,000 for 
     fiscal year 1999 to the National Park Service to revitalize 
     the Tredegar Iron Works to serve as a visitor center for 
     Richmond National Battlefield Park.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $1,000,000 for fiscal year 1999.
       (3) Contract authority.--Funds authorized by 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.
       (l) Access to Corps of Engineers.--
       (1) In general.--The Secretary shall provide $800,000 for 
     each of fiscal years 1999 through 2003 to the Corps of 
     Engineers to be made available to the State of Missouri for 
     resurfacing and maintenance of city and county roads that 
     provide access to Corps of Engineers reservoirs.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $800,000 for each of fiscal 
     years 1999 2003.
       (3) Contract authority.--Funds authorized by 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.
       (m) Civil War Battlefield Plan.--
       (1) In general.--The Secretary shall provide $250,000 for 
     each of fiscal years 1999 and 2000 to the Department of the 
     Interior to be made available to the Shenandoah Valley 
     Battlefield National Historic District Commission for 
     developing a plan for the interpretation and protection of 10 
     Civil War battlefields in the Shenandoah Valley.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     to carry out this subsection $250,000 for each of fiscal 
     years 1999 and 2000.
       (3) Contract authority.--Funds authorized by 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.
       (n) DOT Headquarters Facility.--Before taking any action 
     that leads to Government ownership of the Department of 
     Transportation headquarters facility, through construction or 
     purchase, the Administrator of General Services shall first 
     seek approval of the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (o) Fort Peck, Montana.--
       (1) Fort peck, montana, visitors center.--The Secretary 
     shall provide funds for the environmental review, planning, 
     design, and construction of a historical and cultural 
     visitors center and museum at Fort Peck, Montana.
       (2) Funding.--There is authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     $3,000,000 for each of fiscal years 1999 and 2000.
       (3) Applicability of title 23, united states code.--Funds 
     authorized by this subsection shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code; 
     except that such funds shall remain available until expended.
       (p) Bridges on Natchez Trace Parkway, Mississippi.--
       (1) In general.--The Secretary shall allocate to the State 
     of Mississippi amounts available by this subsection to be 
     used for replacement and widening of the box bridges on the 
     Natchez Trace Parkway at Old Canton Road and at Rice Road in 
     Madison County, Mississippi.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $5,000,000 for fiscal year 1999.
       (3) Applicability of title 23.--Funds authorized by 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 funds shall 
     remain available until expended.
       (q) Lolo Pass Visitor Center.--
       (1) Grants.--The Secretary shall make grants for the Lolo 
     Pass Visitor Center in the State of Idaho.

[[Page H3820]]

       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $2,943,000 for fiscal year 1999.
       (3) Applicability of title 23.--Funds authorized by 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 funds shall 
     remain available until expended.
       (r) Puerto Rico Highway Program.--
       (1) In general.--The Secretary shall allocate funds 
     authorized by section 1101(a)(15) for each of fiscal years 
     1998 through 2003 to the Commonwealth of Puerto Rico to carry 
     out a highway program in such Commonwealth.
       (2) Applicability of title 23.--Amounts made available by 
     section 1101(a)(15) of this Act shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code. 
     Such amounts shall be subject to any limitation on 
     obligations for Federal-aid highway and highway safety 
     construction programs.

     SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.

       (a) Gettysburg, Pennsylvania.--
       (1) Restoration of train station.--The Secretary shall 
     allocate amounts made available by this subsection for the 
     restoration of the Gettysburg, Pennsylvania, train station.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) $400,000 for each of fiscal years 
     1998 and 1999 to carry out this subsection.
       (3) Applicability of title 23.--Funds made available to 
     carry out this subsection shall be available for obligation 
     in the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code; except that the 
     Federal share of the cost of restoration of the train station 
     under this subsection shall be 80 percent and such funds 
     shall remain available until expended.
       (b) Center.--
       (1) Establishment.--The Secretary shall allocate funds made 
     available to carry out this subsection to establish a center 
     for national scenic byways in Duluth, Minnesota, to provide 
     technical communications and network support for nationally 
     designated scenic byway routes in accordance with paragraph 
     (2).
       (2) Communications systems.--The center for national scenic 
     byways shall develop and implement communications systems for 
     the support of the national scenic byways program. Such 
     communications systems shall provide local officials and 
     planning groups associated with designated National Scenic 
     Byways or All-American Roads with proactive, technical, and 
     customized assistance through the latest technology that 
     allows scenic byway officials to develop and sustain their 
     National Scenic Byways or All-American Roads.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this subsection 
     $1,500,000 for each of fiscal years 1998 through 2003.
       (4) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the Federal share 
     of the cost of any project under this subsection shall be 100 
     percent and such funds shall remain available until expended.
       (c) Coal Heritage Trail.--
       (1) In general.--The Secretary shall make grants to the 
     State of West Virginia for the Coal Heritage Scenic Byway for 
     the purposes set forth in section 204(h) of title 23, United 
     States Code.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $2,000,000 for each of fiscal years 1999 through 2001.
       (3) Applicability of title 23.--Funds authorized by this 
     subsection shall be available for obligation in the same 
     manner as if such funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the funds shall 
     remain available until expended.
       (d) Traffic Calming Measures.--
       (1) In general.--The Secretary shall provide $5,000,000 for 
     fiscal year 1999 and $2,000,000 for each of fiscal years 2000 
     through 2003 to implement traffic calming measures in 
     Fauquier and Loudoun Counties, Virginia.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (e) Pedestrian Bridge.--
       (1) In general.--The Secretary shall provide $1,000,000 for 
     fiscal year 1999 for a pedestrian bridge over United States 
     Route 29 at Emmet Street in Charlottesville, Virginia.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (f) Interpretive Center.--
       (1) In general.--The Secretary shall provide $600,000 for 
     fiscal year 1999 for construction of the Virginia Blue Ridge 
     Parkway interpretive center located on the Roanoke River 
     Gorge in Virginia.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (g) Chain of Rocks Bridge.--
       (1) In general.--The Secretary shall provide $2,000,000 for 
     fiscal year 1999 for the renovation and preservation of the 
     Missouri Route 66 Chain of Rocks Bridge.
       (2) Applicability of title 23.--Funds made available to 
     carry out 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.
       (h) Noise Barriers, Dekalb County, Georgia.--
     Notwithstanding any other provision of law, the Secretary 
     shall approve the construction of Type II noise barriers 
     beginning on the west side of Interstate Route 285 extending 
     from Northlake Parkway to Henderson Mill Road in Dekalb 
     County, Georgia, from funds apportioned under sections 
     104(b)(1) and 104(b)(3) of title 23, United States Code.

     SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING 
                   METHODS.

       (a) Value Pricing Pilot Program.--
       (1) 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--
       (A) in the subsection heading by striking ``Congestion'' 
     and inserting ``Value'';
       (B) in paragraph (1)--
       (i) by striking ``congestion'' each place it appears and 
     inserting ``value''; and
       (ii) by striking ``projects'' each place it appears and 
     inserting ``programs''; and
       (C) in paragraph (5)--
       (i) by striking ``projects'' and inserting ``programs''; 
     and
       (ii) by striking ``traffic, volume'' and inserting 
     ``traffic volume''.
       (2) Increased number of projects.--Section 1012(b)(1) of 
     such Act is amended in the second sentence by striking ``5'' 
     and inserting ``15''.
       (3) Eligibility of preimplementation costs.-- Section 
     1012(b)(2) of such Act is amended in the second sentence--
       (A) by inserting after ``Secretary shall fund'' the 
     following: ``all preimplementation costs and project design, 
     and''; and
       (B) by inserting after ``Secretary may not fund'' the 
     following: ``the preimplementation or implementation costs 
     of''.
       (4) Tolling.--Section 1012(b)(4) of such Act 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''.
       (5) HOV passenger requirements.--Section 1012(b) of such 
     Act 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.''.
       (6) Financial effects on low-income drivers.--Section 
     1012(b) of such Act is amended by adding at the end the 
     following:
       ``(7) Financial effects on low-income drivers.--Any value 
     pricing pilot program under this subsection shall include, if 
     appropriate, an analysis of the potential effects of the 
     pilot program on low income drivers and may include 
     mitigation measures to deal with any potential adverse 
     financial effects on low-income drivers.''.
       (7) Funding.--Section 1012(b) of such Act (as amended by 
     paragraph (6)) is amended by adding at the end the following:
       ``(8) Funding.--
       ``(A) In general.--There is authorized to be appropriated 
     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.--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.
       ``(C) Use of unallocated funds.--If the total amount of 
     funds made available from the Highway Trust Fund under this 
     subsection for fiscal year 1998 and fiscal years thereafter 
     but not allocated exceeds $8,000,000 as of September 30 of 
     any year, the excess amount--
       ``(i) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(ii) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     such title; and
       ``(iii) shall be available for any purpose eligible for 
     funding under section 133 of such title.
       ``(D) 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.''.
       (b) Interstate System Reconstruction and Rehabilitation 
     Pilot Program.--
       (1) Establishment.--The Secretary shall establish and 
     implement an Interstate System reconstruction and 
     rehabilitation pilot program under which the Secretary, 
     notwithstanding sections 129 and 301 of title 23, United 
     States Code, may permit a State to collect tolls on a 
     highway, bridge, or tunnel on the Interstate System for the 
     purpose of reconstructing and rehabilitating Interstate 
     highway corridors that could not otherwise be adequately 
     maintained or functionally improved without the collection of 
     tolls.
       (2) Limitation on number of facilities.--The Secretary may 
     permit the collection of tolls under this subsection on 3 
     facilities on the Interstate System. Each of such facilities 
     shall be located in a different State.
       (3) Eligibility.--To be eligible to participate in the 
     pilot program, a State shall submit to the

[[Page H3821]]

     Secretary an application that contains, at a minimum, the 
     following:
       (A) An identification of the facility on the Interstate 
     System proposed to be a toll facility, including the age, 
     condition, and intensity of use of the facility.
       (B) In the case of a facility that affects a metropolitan 
     area, an assurance that the metropolitan planning 
     organization established under section 134 of title 23, 
     United States Code, for the area has been consulted 
     concerning the placement and amount of tolls on the facility.
       (C) An analysis demonstrating that the facility could not 
     be maintained or improved to meet current or future needs 
     from the State's apportionments and allocations made 
     available by this Act (including amendments made by this Act) 
     and from revenues for highways from any other source without 
     toll revenues.
       (D) A facility management plan that includes--
       (i) a plan for implementing the imposition of tolls on the 
     facility;
       (ii) a schedule and finance plan for the reconstruction or 
     rehabilitation of the facility using toll revenues;
       (iii) a description of the public transportation agency 
     that will be responsible for implementation and 
     administration of the pilot program;
       (iv) a description of whether consideration will be given 
     to privatizing the maintenance and operational aspects of the 
     facility, while retaining legal and administrative control of 
     the portion of the Interstate route; and
       (v) such other information as the Secretary may require.
       (4) Selection criteria.--The Secretary may approve the 
     application of a State under paragraph (3) only if the 
     Secretary determines that--
       (A) the State is unable to reconstruct or rehabilitate the 
     proposed toll facility using existing apportionments;
       (B) the facility has a sufficient intensity of use, age, or 
     condition to warrant the collection of tolls;
       (C) the State plan for implementing tolls on the facility 
     takes into account the interests of local, regional, and 
     interstate travelers;
       (D) the State plan for reconstruction or rehabilitation of 
     the facility using toll revenues is reasonable; and
       (E) the State has given preference to the use of a public 
     toll agency with demonstrated capability to build, operate, 
     and maintain a toll expressway system meeting criteria for 
     the Interstate System.
       (5) Limitations on use of revenues; audits.--Before the 
     Secretary may permit a State to participate in the pilot 
     program, the State must enter into an agreement with the 
     Secretary that provides that--
       (A) all toll revenues received from operation of the toll 
     facility will be used only for--
       (i) debt service;
       (ii) reasonable return on investment of any private person 
     financing the project; and
       (iii) any costs necessary for the improvement of and the 
     proper operation and maintenance of the toll facility, 
     including reconstruction, resurfacing, restoration, and 
     rehabilitation of the toll facility; and
       (B) regular audits will be conducted to ensure compliance 
     with subparagraph (A) and the results of such audits will be 
     transmitted to the Secretary.
       (6) Limitation on use of interstate maintenance funds.--
     During the term of the pilot program, funds apportioned for 
     Interstate maintenance under section 104(b)(4) of title 23, 
     United States Code, may not be used on a facility for which 
     tolls are being collected under the program.
       (7) Program term.--The Secretary shall conduct the pilot 
     program under this subsection for a term to be determined by 
     the Secretary, but not less than 10 years.
       (8) Interstate system defined.--In this subsection, the 
     term ``Interstate System'' has the meaning such term has 
     under section 101 of title 23, United States Code.

     SEC. 1217. ELIGIBILITY.

       (a) San Mateo County, California.--Notwithstanding any 
     other provision of law, a project to repair or reconstruct 
     any portion of a Federal-aid primary route in San Mateo 
     County, California, that--
       (1) was destroyed as a result of a combination of storms in 
     the winter of 1982-1983 and a mountain slide; and
       (2) until its destruction, served as the only reasonable 
     access route between 2 cities and as the designated emergency 
     evacuation route of 1 of the cities;
     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.
       (b) Ambassador Bridge Access, Detroit, Michigan.--
       (1) In general.--Notwithstanding section 129 of title 23, 
     United States Code, or any other provision of law, 
     improvements to access roads and 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) and 
     (3) of section 104(b) of such title.
       (2) Use of funds.--Funds described in paragraph (1) shall 
     not be used for any improvement to, or construction of, the 
     bridge itself.
       (c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other 
     provision of law, a project to construct a new bridge over 
     the Cuyahoga River in Cleveland, Ohio, shall be eligible for 
     funds apportioned under section 104(b)(3) of such title.
       (d) Connecticut.--In fiscal year 1998, the State of 
     Connecticut may transfer any funds remaining available for 
     obligation under section 104(b)(4) of title 23, United States 
     Code, as in effect on the day before the date of the 
     enactment of this Act, for construction of the Interstate 
     System to any other program eligible for assistance under 
     chapter 1 of such title. Before making any distribution of 
     the obligation limitation under section 1102(c)(6) of this 
     Act, the Secretary shall make available to the State of 
     Connecticut sufficient obligation authority under section 
     1102(c) of this Act to obligate funds available for transfer 
     under this subsection.
       (e) 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.
       (f) Information Services.--A food business that would 
     otherwise be eligible to display a mainline business logo on 
     a specific service food sign described in section 2G-5.7(4) 
     of part IIG of the 1988 edition of the Manual on Uniform 
     Traffic Control Devices for Streets and Highways under the 
     requirements specified in that section, but for the fact that 
     the business is open 6 days a week, cannot be prohibited from 
     inclusion on such a food sign.
       (g) Continuance of Commercial Operations at Certain Service 
     Plazas in the State of Maryland.--
       (1) Waiver.--Notwithstanding section 111 of title 23, 
     United States Code, and the agreements described in paragraph 
     (2), 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.
       (2) Agreements.--The agreements referred to in paragraph 
     (1) are agreements between the Department of Transportation 
     of the State of Maryland and the Federal Highway 
     Administration concerning the highway described in paragraph 
     (1).
       (h) Welcome Center Pilot Project.--
       (1) In general.--The Secretary shall permit the State of 
     Georgia to conduct a pilot project to acquire, construct, 
     operate, and maintain a demonstration safety rest area and 
     information center along Interstate Route 75 in Cobb County, 
     Georgia, in accordance with paragraph (2).
       (2) Information center and system.--The center may provide 
     goods and information that is of interest to the traveling 
     public, including commercial advertising and media displays, 
     if such advertising and displays are--
       (A) exhibited solely within any facility constructed in the 
     rest area; and
       (B) not legible from the main traveled way.
       (3) Report to congress.--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 pilot project.
       (i) Southern California.--Notwithstanding section 120(l)(1) 
     of title 23, United States Code--
       (1) private entity expenditures to construct the SR-91 toll 
     road located in Orange County, California, from SR-55 to the 
     Riverside County line may be credited toward the State 
     matching share for any Federal-aid project beginning 
     construction after the SR-91 toll road was opened to traffic; 
     and
       (2) private expenditures for the future SR-125 toll road in 
     San Diego County, California, from SR-905 to San Miguel Road 
     may be credited against the State match share for Federal-aid 
     highway projects beginning after SR-125 is opened to traffic.
       (j) Tolls on Pennsylvania Turnpike.--Notwithstanding any 
     other provision of law, no tolls shall be collected during 
     the 6-year period beginning on the date of enactment of this 
     Act on the Pennsylvania Turnpike for travel either entering 
     Bedford and exiting Breezewood, Pennsylvania, or entering 
     Breezewood and exiting Bedford.
       (k) Vicksburg and Jackson, Mississippi.--Notwithstanding 
     any other provision of this Act, funds authorized by this Act 
     (including amendments made by this Act) for transportation 
     projects in the State of Mississippi may be used for the 
     purpose of constructing, reconstructing, or rehabilitating 
     rail lines in the vicinity of Vicksburg and Jackson, 
     Mississippi.

     SEC. 1218. 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, the following 
     definitions apply:
       ``(1) Eligible project costs.--The term `eligible project 
     costs'--
       ``(A) 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; and
       ``(B) includes the costs of preconstruction planning 
     activities.
       ``(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 or under 50 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

[[Page H3822]]

     under section 1036 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1978).
       ``(b) Financial Assistance.--
       ``(1) In general.--The Secretary shall make available 
     financial assistance to pay the Federal share of full project 
     costs of eligible projects selected under this section. 
     Financial assistance made available under this section and 
     projects assisted with the assistance shall be subject to 
     section 5333(a) of title 49, United States Code.
       ``(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 this 
     subsection, 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 or low-
     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) Preconstruction planning activities.--Not later than 
     90 days after a deadline established by the Secretary for the 
     receipt of applications, the Secretary shall evaluate the 
     eligible projects in accordance with the selection criteria 
     and select 1 or more eligible projects to receive financial 
     assistance for preconstruction planning activities, 
     including--
       ``(A) preparation of such feasibility studies, major 
     investment studies, and environmental impact statements and 
     assessments as are required under State law;
       ``(B) pricing of the final design, engineering, and 
     construction activities proposed to be assisted under 
     paragraph (2); and
       ``(C) 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).
       ``(2) Final design, engineering, and construction 
     activities.--After completion of preconstruction planning 
     activities for all projects assisted under paragraph (1), the 
     Secretary shall select 1 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) Contract authority; authorization of 
     appropriations.--
       ``(i) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section $15,000,000 for fiscal 
     year 1999, $20,000,000 for fiscal year 2000, and $25,000,000 
     for fiscal year 2001.
       ``(ii) Contract authority.--Funds authorized by 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) Noncontract authority 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 
     Equity Act for the 21st Century, 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. 1219. NATIONAL SCENIC BYWAYS PROGRAM.

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

     ``Sec. 162. 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.

[[Page H3823]]

       ``(8) Development and implementation of a scenic byway 
     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) Savings Clause.--The Secretary shall not withhold any 
     grant or impose any requirement on a State as a condition of 
     providing a grant or technical assistance for any scenic 
     byway unless the requirement is consistent with the authority 
     provided in this chapter.
       ``(f) 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 byway 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.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by adding at the end the following:

``162. National scenic byways program.''.

     SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.

       (a) In General.--
       (1) Elimination.--The Secretary shall eliminate any 
     programmatic decisionmaking responsibility of the regional 
     offices of the Federal Highway Administration for the 
     Federal-aid highway program as part of the Administration's 
     efforts to restructure its field organization.
       (2) Activities.--In carrying out paragraph (1), the 
     Secretary shall eliminate regional offices, create technical 
     resource centers, and, to the maximum extent practicable, 
     delegate authority to State offices of the Federal Highway 
     Administration.
       (b) Preference.--In locating the technical resource 
     centers, the Secretary shall give preference to cities that 
     house, on the date of enactment of this Act, the Federal 
     Highway Administration regional offices and are in locations 
     that minimize the travel distance between the technical 
     resource centers and the Federal Highway Administration 
     division offices that will be served by the new technical 
     resource centers.
       (c) Report to Congress.--The Secretary shall transmit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a detailed implementation plan to 
     carry out this section not later than September 30, 1998, and 
     thereafter provide periodic progress reports on carrying out 
     this section to such Committees.
       (d) Implementation.--The Secretary shall begin 
     implementation of the plan transmitted under subsection (c) 
     not later than December 31, 1998.

     SEC. 1221. 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 and identify private 
     sector-based initiatives.
       (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 and the role of 
     the private sector in shaping such relationships.
       (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;
       (D) to provide efficient access to jobs, services, and 
     centers of trade; and
       (E) to examine development patterns and identify strategies 
     to encourage private sector development patterns which 
     achieve the goals identified in subparagraphs (A) through 
     (D).
       (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); and
       (B) demonstrate a commitment of non-Federal resources to 
     the proposed projects.
       (4) Additional criteria.--In addition, the Secretary shall 
     give consideration to applicants that demonstrate a 
     commitment to public and private involvement, including 
     involvement of nontraditional partners in the project team.
       (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)(I) are coordinated with State and local adopted 
     preservation or development plans;
       (II) are intended to promote cost-effective and strategic 
     investments in transportation infrastructure that minimize 
     adverse impacts on the environment; or
       (III) are intended to promote innovative private sector 
     strategies.
       (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;
       (D) examine ways to encourage private sector investments 
     that address the purposes of this section; and
       (E) 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) Funding.--
       (1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section $20,000,000 for fiscal 
     year 1999 and $25,000,000 for each of fiscal years 2000 
     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.

     SEC. 1222. ADDITIONS TO APPALACHIAN REGION.

       (a) In General.--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--
       (A) by inserting ``Hale,'' after ``Franklin,''; and
       (B) by inserting ``Macon,'' after ``Limestone,'';
       (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,''.
       (b) Technical Amendment.--Section 405 of such Act is 
     amended by striking ``section 201'' and inserting ``sections 
     201 and 403''. This amendment ensures that section 403 is 
     still in effect.

     SEC. 1223. 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, the International Paralympic movement, and the 
     Special Olympics International movement by hosting 
     international quadrennial Olympic and Paralympic events, and 
     Special Olympics International events, in the United States.
       (b) Priority for Transportation Projects Relating to 
     Olympic, Paralympic, and Special Olympic Events.--
     Notwithstanding any other provision of law, from funds 
     available to carry out sections 118(c) and 144(g)(1) 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, or a 
     Special Olympics International event, if--
       (1) the project meets the extraordinary needs associated 
     with an international quadrennial Olympic or Paralympic event 
     or a Special Olympics International event; and
       (2) the project is otherwise eligible for assistance under 
     sections 118(c) and 144(g)(1) of such title.
       (c) Transportation Planning Activities.--The Secretary may 
     participate in--

[[Page H3824]]

       (1) planning activities of States and metropolitan planning 
     organizations and transportation projects relating to an 
     international quadrennial Olympic or Paralympic event, or a 
     Special Olympics International 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 5001(a), from funds 
     made available under such section, the Secretary may provide 
     assistance for the development of an Olympic, a Paralympic, 
     and a Special Olympic 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 or a 
     Special Olympics International event.
       (e) Transportation Projects Relating to Olympic, 
     Paralympic, and Special Olympic 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 or a Special Olympics International 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.

            Subtitle C--Program Streamlining and Flexibility

     SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR 
                   PRESERVATION.

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

     ``Sec. 108. Advance acquisition of real property

       ``(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 such 
     title 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 lawfully obtained by the State or a unit of local 
     government in the State;
       ``(B) is incorporated into the project;
       ``(C) is not land described in section 138; and
       ``(D) the Secretary determines will 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--
       ``(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''; and
       (4) in paragraph (4) by striking ``to which the donation is 
     applied''.
       (c) Crediting of Contributions by Units of Local Government 
     Toward the State Share.--Section 323 of such title 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, or material 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, 
     or material.''.
       (d) Conforming Amendments.--
       (1) Section 323 of such title is amended by striking the 
     section heading and inserting the following:

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

       (2) The analysis for chapter 1 of such title is amended by 
     striking the item relating to section 108 and inserting the 
     following:

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

       (3) The analysis for chapter 3 of such title is amended by 
     striking the item relating to section 323 and inserting the 
     following:

``323. Donations and credits.''.

     SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.

       Section 121 of title 23, United States Code, is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--The Secretary, from time to time as the 
     work progresses, may make payments to a State for costs of 
     construction incurred by the State on a project. Such 
     payments may also be made for the value of the materials--
       ``(1) that have been stockpiled in the vicinity of the 
     construction in conformity to plans and specifications for 
     the projects; and
       ``(2) that are not in the vicinity of the construction if 
     the Secretary determines that because of required fabrication 
     at an off-site location the material cannot be stockpiled in 
     such vicinity.
       ``(b) Project Agreement.--No payment shall be made under 
     this chapter except for a project covered by a project 
     agreement. After completion of the project in accordance with 
     the project agreement, a State shall be entitled to payment 
     out of the appropriate sums apportioned or allocated to the 
     State of the unpaid balance of the Federal share payable for 
     such project.'';
       (2) by striking subsections (c) and (d); and
       (3) by redesignating subsection (e) as subsection (c).

     SEC. 1303. 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 
     such title 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. 1304. ENGINEERING COST REIMBURSEMENT.

       Section 102(b) of title 23, United States Code, is amended 
     in the first sentence by inserting after ``10 years'' the 
     following: ``(or such longer period as the State requests and 
     the Secretary determines to be reasonable)''.

     SEC. 1305. 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 
     (f) and (g), respectively; and
       (3) by striking subsections (a) through (d) and inserting 
     the following:
       ``(a) In General.--
       ``(1) Submission of plans, specifications, and estimates.--
     Except as otherwise provided in this section, each State 
     transportation department shall submit to the Secretary for 
     approval such plans, specifications, and estimates for each 
     proposed project as the Secretary may require.
       ``(2) Project agreement.--The Secretary shall act on the 
     plans, specifications, and estimates as soon as practicable 
     after the date of their submission and shall enter into a 
     formal project agreement with the State transportation 
     department formalizing the conditions of the project 
     approval.
       ``(3) Contractual obligation.--The execution of the project 
     agreement shall be deemed a contractual obligation of the 
     Federal Government for the payment of the Federal share of 
     the cost of the project.
       ``(4) Guidance.--In taking action under this subsection, 
     the Secretary shall be guided by section 109.
       ``(b) Project Agreement.--
       ``(1) Provision of state funds.--The project agreement 
     shall make provision for State funds required to pay the 
     State's non-Federal share of the cost of construction of the 
     project and to pay for maintenance of the project after 
     completion of construction.
       ``(2) Representations of state.--If a part of the project 
     is to be constructed at the expense of, or in cooperation 
     with, political subdivisions of the State, the Secretary may 
     rely on representations made by the State transportation 
     department with respect to the arrangements or agreements 
     made by the State transportation department and appropriate 
     local officials for ensuring that the non-Federal 
     contribution will be provided under paragraph (1).

[[Page H3825]]

       ``(c) Assumption by States of Responsibilities of the 
     Secretary.--
       ``(1) Non-interstate nhs projects.--For projects under this 
     title that are on the National Highway System but not on the 
     Interstate System, the State may assume the responsibilities 
     of the Secretary under this title for design, plans, 
     specifications, estimates, contract awards, and inspections 
     of projects unless the State or the Secretary determines that 
     such assumption is not appropriate.
       ``(2) Non-nhs projects.--For projects under this title that 
     are not on the National Highway System, the State shall 
     assume the responsibilities of the Secretary under this title 
     for design, plans, specifications, estimates, contract 
     awards, and inspection of projects, unless the State 
     determines that such assumption is not appropriate.
       ``(3) Agreement.--The Secretary and the State shall enter 
     into an agreement relating to the extent to which the State 
     assumes the responsibilities of the Secretary under this 
     subsection.
       ``(4) Limitation on authority of secretary.--The Secretary 
     may not assume any greater responsibility than the Secretary 
     is permitted under this title on September 30, 1997, except 
     upon agreement by the Secretary and the State.
       ``(d) Responsibilities of the Secretary.--Nothing in this 
     section, section 133, or section 149 shall affect or 
     discharge any responsibility or obligation of the Secretary 
     under--
       ``(1) section 113 or 114; or
       ``(2) any Federal law other than this title (including 
     section 5333 of title 49).
       ``(e) Value Engineering Analysis.--For such projects as the 
     Secretary determines advisable, plans, specifications, and 
     estimates for proposed projects on any Federal-aid highway 
     shall be accompanied by a value engineering analysis or other 
     cost reduction analysis.''.
       (b) Financial Plan.--Section 106 of such title (as amended 
     by subsection (a)(2)), is amended by adding at the end the 
     following:
       ``(h) Financial Plan.--A recipient of Federal financial 
     assistance for a project under this title with an estimated 
     total cost of $1,000,000,000 or more shall submit to the 
     Secretary an annual financial plan for the project. The plan 
     shall be based on detailed annual estimates of the cost to 
     complete the remaining elements of the project and on 
     reasonable assumptions, as determined by the Secretary, of 
     future increases in the cost to complete the project.''.
       (c) Life Cycle Cost Analysis.--Section 106 of such title 
     (as amended by subsection (a)(2)), is amended by striking 
     subsection (f) and inserting the following:
       ``(f) Life-Cycle Cost Analysis.--
       ``(1) Use of life-cycle cost analysis.--The Secretary shall 
     develop recommendations for the States to conduct life-cycle 
     cost analyses. The recommendations shall be based on the 
     principles contained in section 2 of Executive Order No. 
     12893 and shall be developed in consultation with the 
     American Association of State Highway and Transportation 
     Officials. The Secretary shall not require a State to conduct 
     a life-cycle cost analysis for any project as a result of the 
     recommendations required under this subsection.
       ``(2) Life-cycle cost analysis defined.--In this 
     subsection, the term `life-cycle cost analysis' means a 
     process for evaluating the total economic worth of a usable 
     project segment by analyzing initial costs and discounted 
     future costs, such as maintenance, user costs, 
     reconstruction, rehabilitation, restoring, and resurfacing 
     costs, over the life of the project segment.''.
       (d) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by striking the item relating to 
     section 106 and inserting the following:

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

     SEC. 1306. STANDARDS.

       (a) Elimination of Guidelines and Annual Certification 
     Requirements.--Section 109 of title 23, United States Code, 
     is amended--
       (1) by striking subsection (m); and
       (2) by redesignating subsections (n) through (q) as 
     subsections (m) through (p), respectively.
       (b) Safety standards.--Section 109 of such title (as 
     amended by subsection (a)), 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 
     consistent with the operative safety management system 
     established in accordance with section 303 or in accordance 
     with a statewide transportation improvement program approved 
     by the Secretary.''.

     SEC. 1307. 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 or 
     local transportation agency may award a design-build contract 
     for a qualified project described in subparagraph (C) using 
     any procurement process permitted by applicable State and 
     local law.
       ``(B) Limitation on final design.--Final design under a 
     design-build contract referred to in subparagraph (A) shall 
     not commence before compliance with section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332).
       ``(C) Qualified projects.--A qualified project referred to 
     in subparagraph (A) is a project under this chapter for 
     which--
       ``(i) the Secretary has approved the use of design-build 
     contracting described in subparagraph (A) under criteria 
     specified in regulations issued 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 any other project, $50,000,000.

       ``(D) Design-build contract defined.--In this paragraph, 
     the term `design-build contract' means an agreement that 
     provides for design and construction of a project by a 
     contractor, regardless of whether the agreement is in the 
     form of a design-build contract, a franchise agreement, or 
     any other form of contract approved by the Secretary.''.
       (b) Inapplicability of Standardized Contract Clause 
     Requirement.--Section 112(e)(2) of such title is amended--
       (1) by striking ``Paragraph'' and inserting the following:
       ``(A) State law.--Paragraph'';
       (2) by adding at the end the following:
       ``(B) Design-build contracts.--Paragraph (1) shall not 
     apply to any design-build contract approved under subsection 
     (b)(3).''; and
       (3) by aligning the remainder of the text of subparagraph 
     (A) (as designated by paragraph (1) of this subsection) with 
     subparagraph (B) of such section (as added by paragraph (2) 
     of this subsection).
       (c) Regulations.--
       (1) In general.--Not later than the effective date 
     specified in subsection (e), after consultation with the 
     American Association of State Highway and Transportation 
     Officials and representatives from affected industries, the 
     Secretary shall issue 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 or 
     local transportation agency of design-build contracting; and
       (B) establish the procedures to be followed by a State 
     transportation department or local transportation agency for 
     obtaining the Secretary's approval of the use of design-build 
     contracting by the department or agency.
       (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.--
       (1) In general.--The amendments made by this section take 
     effect 3 years after the date of enactment of this Act.
       (2) Transition provision.--
       (A) In general.--During the period before issuance of the 
     regulations under subsection (c), the Secretary may approve, 
     in accordance with an experimental program described in 
     subsection (d), design-build contracts to be awarded using 
     any process permitted by applicable State and local law; 
     except that final design under any such contract shall not 
     commence before compliance with section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332).
       (B) Previously awarded contracts.--The Secretary may 
     approve design-build contracts awarded before the date of 
     enactment of this Act.
       (C) Design-build contract defined.--In this paragraph, the 
     term ``design-build contract'' means an agreement that 
     provides for design and construction of a project by a 
     contractor, regardless of whether the agreement is in the 
     form of a design-build contract, a franchise agreement, or 
     any other form of contract approved by the Secretary.
       (f) Report to Congress.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the effectiveness of design-build contracting 
     procedures.
       (2) Contents.--The report shall contain--
       (A) an assessment of the effect of design-build contracting 
     on project quality, project cost, and timeliness of project 
     delivery;
       (B) recommendations on the appropriate level of design for 
     design-build procurements;
       (C) an assessment of the impact of design-build contracting 
     on small businesses;
       (D) assessment of the subjectivity used in design-build 
     contracting; and
       (E) such recommendations concerning design-build 
     contracting procedures as the Secretary determines to be 
     appropriate.

     SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.

       The Secretary shall eliminate the major investment study 
     set forth in section 450.318 of title 23, Code of Federal 
     Regulations, as a separate requirement, and promulgate 
     regulations to integrate such requirement, as appropriate, as 
     part of the analyses required to be undertaken pursuant to 
     the planning provisions of title 23, United States Code, and 
     chapter 53 of title 49, United States Code, and the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     Federal-aid highway and transit projects. The scope of the 
     applicability of such regulations shall be no broader than 
     the scope of such section.

     SEC. 1309. ENVIRONMENTAL STREAMLINING.

       (a) Coordinated Environmental Review Process.--
       (1) Development and implementation.--The Secretary shall 
     develop and implement a coordinated environmental review 
     process for highway construction projects that require--
       (A) the preparation of an environmental impact statement or 
     environmental assessment under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the 
     Secretary may decide not to apply this section to

[[Page H3826]]

     the preparation of an environmental assessment under such 
     Act; or
       (B) the conduct of any other environmental review, 
     analysis, opinion, or issuance of an environmental permit, 
     license, or approval by operation of Federal law.
       (2) Memorandum of understanding.--
       (A) In general.--The coordinated environmental review 
     process for each project shall ensure that, whenever 
     practicable (as specified in this section), all environmental 
     reviews, analyses, opinions, and any permits, licenses, or 
     approvals that must be issued or made by any Federal agency 
     for the project concerned shall be conducted concurrently and 
     completed within a cooperatively determined time period. Such 
     process for a project or class of project may be incorporated 
     into a memorandum of understanding between the Department of 
     Transportation and Federal agencies (and, where appropriate, 
     State agencies).
       (B) Establishment of time periods.--In establishing the 
     time period referred to in subparagraph (A), and any time 
     periods for review within such period, the Department and all 
     such agencies shall take into account their respective 
     resources and statutory commitments.
       (b) Elements of Coordinated Environmental Review Process.--
     For each project, the coordinated environmental review 
     process established under this section shall provide, at a 
     minimum, for the following elements:
       (1) Federal agency identification.--The Secretary shall, at 
     the earliest possible time, identify all potential Federal 
     agencies that--
       (A) have jurisdiction by law over environmental-related 
     issues that may be affected by the project and the analysis 
     of which would be part of any environmental document required 
     by the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.); or
       (B) may be required by Federal law to independently--
       (i) conduct an environmental-related review or analysis; or
       (ii) determine whether to issue a permit, license, or 
     approval or render an opinion on the environmental impact of 
     the project.
       (2) Time limitations and concurrent review.--The Secretary 
     and the head of each Federal agency identified under 
     paragraph (1)--
       (A)(i) shall jointly develop and establish time periods for 
     review for--
       (I) all Federal agency comments with respect to any 
     environmental review documents required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     the project; and
       (II) all other independent Federal agency environmental 
     analyses, reviews, opinions, and decisions on any permits, 
     licenses, and approvals that must be issued or made for the 
     project;

     whereby each such Federal agency's review shall be undertaken 
     and completed within such established time periods for 
     review; or
       (ii) may enter into an agreement to establish such time 
     periods for review with respect to a class of project; and
       (B) shall ensure, in establishing such time periods for 
     review, that the conduct of any such analysis, review, 
     opinion, and decision is undertaken concurrently with all 
     other environmental reviews for the project, including the 
     reviews required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); except that such review may 
     not be concurrent if the affected Federal agency can 
     demonstrate that such concurrent review would result in a 
     significant adverse impact to the environment or 
     substantively alter the operation of Federal law or would not 
     be possible without information developed as part of the 
     environmental review process.
       (3) Factors to be considered.--Time periods for review 
     established under this section shall be consistent with the 
     time periods established by the Council on Environmental 
     Quality under sections 1501.8 and 1506.10 of title 40, Code 
     of Federal Regulations.
       (4) Extensions.--The Secretary shall extend any time 
     periods for review under this section if, upon good cause 
     shown, the Secretary and any Federal agency concerned 
     determine that additional time for analysis and review is 
     needed as a result of new information that has been 
     discovered that could not reasonably have been anticipated 
     when the Federal agency's time periods for review were 
     established. Any memorandum of understanding shall be 
     modified to incorporate any mutually agreed-upon extensions.
       (c) Dispute Resolution.--When the Secretary determines that 
     a Federal agency which is subject to a time period for its 
     environmental review or analysis under this section has 
     failed to complete such review, analysis, opinion, or 
     decision on issuing any permit, license, or approval within 
     the established time period or within any agreed-upon 
     extension to such time period, the Secretary may, after 
     notice and consultation with such agency, close the record on 
     the matter before the Secretary. If the Secretary finds, 
     after timely compliance with this section, that an 
     environmental issue related to the project that an affected 
     Federal agency has jurisdiction over by operation of Federal 
     law has not been resolved, the Secretary and the head of the 
     Federal agency shall resolve the matter not later than 30 
     days after the date of the finding by the Secretary.
       (d) Participation of State Agencies.--For any project 
     eligible for assistance under chapter 1 of title 23, United 
     States Code, a State, by operation of State law, may require 
     that all State agencies that have jurisdiction by State or 
     Federal law over environmental-related issues that may be 
     affected by the project, or that are required to issue any 
     environmental-related reviews, analyses, opinions, or 
     determinations on issuing any permits, licenses, or 
     approvals for the project, be subject to the coordinated 
     environmental review process established under this 
     section unless the Secretary determines that a State's 
     participation would not be in the public interest. For a 
     State to require State agencies to participate in the 
     review process, all affected agencies of the State shall 
     be subject to the review process.
       (e) Assistance to Affected Federal Agencies.--
       (1) In general.--The Secretary may approve a request by a 
     State to provide funds made available under chapter 1 of 
     title 23, United States Code, to the State for the project 
     subject to the coordinated environmental review process 
     established under this section to affected Federal agencies 
     to provide the resources necessary to meet any time limits 
     established under this section.
       (2) Amounts.--Such requests under paragraph (1) shall be 
     approved only--
       (A) for the additional amounts that the Secretary 
     determines are necessary for the affected Federal agencies to 
     meet the time limits for environmental review; and
       (B) if such time limits are less than the customary time 
     necessary for such review.
       (f) Judicial Review and Savings Clause.--
       (1) Judicial review.--Nothing in this section shall affect 
     the reviewability of any final Federal agency action in a 
     district court of the United States or in the court of any 
     State.
       (2) Savings clause.--Nothing in this section shall affect 
     the applicability of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) or any other Federal 
     environmental statute or affect the responsibility of any 
     Federal officer to comply with or enforce any such statute.
       (g) Federal Agency Defined.--In this section, the term 
     ``Federal agency'' means any Federal agency or any State 
     agency carrying out affected responsibilities required by 
     operation of Federal law.

     SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
                   FUNDS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 109 the following:

     ``Sec. 110. Uniform transferability of Federal-aid highway 
       funds

       ``(a) General Rule.--Notwithstanding any other provision of 
     law but subject to subsections (b) and (c), if at least 50 
     percent of a State's apportionment under section 104 or 144 
     for a fiscal year or at least 50 percent of the funds set-
     aside under section 133(d) from the State's apportionment 
     section 104(b)(3) may not be transferred to any other 
     apportionment of the State under section 104 or 144 for such 
     fiscal year, then the State may transfer not to exceed 50 
     percent of such apportionment or set aside to any other 
     apportionment of such State under section 104 or 144 for such 
     fiscal year.
       ``(b) Application to Certain Set-Asides.--No funds may be 
     transferred under this section that are subject to the last 
     sentence of section 133(d)(1) or to section 104(f) or to 
     section 133(d)(3). The maximum amount that a State may 
     transfer under this section of the State's set-aside under 
     section 133(d)(1) or 133(d)(2) for a fiscal year may not 
     exceed 25 percent of (1) the amount of such set-aside, less 
     (2) the amount of the State's set-aside under such section 
     for fiscal year 1997.
       ``(c) Application to Certain CMAQ Funds.--The maximum 
     amount that a State may transfer under this section of the 
     State's apportionment under section 104(b)(2) for a fiscal 
     year may not exceed 50 percent of (1) the amount of such 
     apportionment, less (2) the amount that the State's 
     apportionment under section 104(b)(2) for such fiscal year 
     would have been had the program been funded at 
     $1,350,000,000. Any such funds apportioned under section 
     104(b)(2) and transferred under this section may only be 
     obligated in geographic areas eligible for the obligation of 
     funds apportioned under section 104(b)(2).''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by inserting after the item relating to 
     section 109 the following:

``110. Uniform transferability of Federal-aid highway funds.''.

                           Subtitle D--Safety

     SEC. 1401. HAZARD ELIMINATION PROGRAM.

       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'';
       (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.''; and
       (D) by aligning the remainder of the text of paragraph (1) 
     (as designated by subparagraph (A) of this paragraph) with 
     paragraph (2) of such subsection (as added by subparagraph 
     (C) of this paragraph);
       (2) in subsection (b) by striking ``highway safety 
     improvement project'' and inserting ``safety improvement 
     project, including a project described in subsection (a)'';
       (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 surface transportation facility or any 
     publicly owned bicycle or pedestrian pathway or trail; or

[[Page H3827]]

       ``(3) any traffic calming measure.'';
       (4) in subsection (e)--
       (A) by striking ``apportioned to'' in the first sentence 
     and all that follows through ``shall be'' in the second 
     sentence; and
       (B) by striking ``section 104(b)(1)'' and inserting 
     ``section 104(b)''; and
       (5) in subsections (f) and (g) by striking ``highway safety 
     improvement projects'' each place it appears and inserting 
     ``safety improvement projects''.

     SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.

       (a) Crash Cushions.--
       (1) Guidance.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall issue 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 directive or nonredirective crash 
     cushions or other safety appurtenances should be installed at 
     specific highway locations.
       (b) Traffic Flow and Safety Applications of Road 
     Barriers.--
       (1) Study.--The Secretary shall conduct a study on the 
     technologies and methods to enhance safety, streamline 
     construction, and improve capacity by providing positive 
     separation at all times between traffic, equipment, and 
     workers on highway construction projects. The study shall 
     also address how such technologies can be used to improve 
     capacity and safety at those specific highway, bridge, and 
     other appropriate locations where reversible lane, 
     contraflow, and high occupancy vehicle lane operations are 
     implemented during peak traffic periods.
       (2) Uses to consider.--In conducting the study, the 
     Secretary shall consider, at a minimum, uses of positive 
     separation technologies related to--
       (A) separating workers from traffic flow when work is in 
     progress;
       (B) providing additional safe work space by utilizing 
     adjacent and available traffic lanes during off-peak hours;
       (C) rapid deployment to allow for daily or periodic 
     restoration of lanes for use by traffic during peak hours as 
     needed;
       (D) mitigating congestion caused by construction by--
       (i) opening all adjacent and available lanes to traffic 
     during peak traffic hours; or
       (ii) using reversible lanes to optimize capacity of the 
     highway by adjusting to directional traffic flow; and
       (E) permanent use of positive separation technologies to 
     create contraflow or reversible lanes to increase the 
     capacity of congested highways, bridges, and tunnels.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study. The report shall 
     include findings and recommendations for the use of the 
     technologies referred to in paragraph (2) to provide positive 
     separation on appropriate projects.

     SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by striking section 157 and inserting the 
     following:

     ``Sec. 157. Safety incentive grants for use of seat belts

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(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 1996 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 1996 and 1997, by the 
     State, as weighted 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 
     September 1, 1998, and 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 (in this subsection referred to 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 1996 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 October 1, 1998, and 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 October 1, 1998, and 
     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 Amounts.--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 this section, 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) Innovative Seat Belt Project Allocations.--
       ``(1) In general.--The Secretary shall use amounts made 
     available under subsection (g)(3) to make allocations to 
     States to carry out innovative projects to promote increased 
     seat belt use rates.
       ``(2) Determination of eligibility.--To be eligible to 
     receive an allocation under this subsection for a fiscal 
     year, a State shall--
       ``(A) develop a plan for innovative projects described in 
     paragraph (1); and
       ``(B) submit the plan to the Secretary not later than March 
     1 of the fiscal year.
       ``(3) Plan selection.--
       ``(A) Criteria.--Not later than December 1, 1998, the 
     Secretary shall establish criteria for the selection of State 
     plans for allocations under this subsection.
       ``(B) Selection.--The Secretary shall select State plans 
     for allocations under this subsection in accordance with the 
     criteria established under subparagraph (A).
       ``(C) States.--In carrying out this paragraph, the 
     Secretary shall ensure, to the maximum extent practicable, 
     demographic and geographic diversity and a diversity of seat 
     belt use rates among the States selected for allocations.
       ``(4) Allocation.--Not later than October 1, 1999, and each 
     October 1 thereafter through October 1, 2002, the Secretary 
     shall allocate funds to the States whose plans were selected 
     under paragraph (3).
       ``(5) Amount of allocations.--Subject to the availability 
     of unallocated amounts under subsection (g)(3), the amount of 
     each allocation to a State under this subsection shall be not 
     less than $100,000 for each fiscal year that is covered by a 
     State plan.
       ``(6) Use of allocations.--An allocation to a State under 
     this subsection shall be used to carry out the innovative 
     seat belt projects described in the State plan for which the 
     allocation is awarded.
       ``(7) Federal share.--The Federal share of the cost of an 
     innovative seat belt project under this section shall be 100 
     percent.
       ``(8) Period of availability.--Amounts allocated to a State 
     under this subsection shall remain available for obligation 
     in the State for a period of 3 years after the last day of 
     the fiscal year for which the amounts are allocated.
       ``(g) Funding.--
       ``(1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section $82,000,000 for fiscal 
     year 1999, $92,000,000 for fiscal year 2000, $102,000,000 for 
     fiscal year 2001, $112,000,000 for fiscal year 2002, and 
     $112,000,000 for fiscal year 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.--
       ``(A) Fiscal year 1999.--To the extent that the amounts 
     made available for fiscal year 1999

[[Page H3828]]

     under paragraph (1) exceed the total amounts to be allocated 
     under subsection (c) for fiscal year 1999, the excess 
     amounts--
       ``(i) shall be apportioned in accordance with section 
     104(b)(3);
       ``(ii) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that the amounts shall not be subject to section 133(d); and
       ``(iii) shall be available for any purpose eligible for 
     funding under section 133.
       ``(B) Fiscal years 2000 through 2003.--To the extent that 
     the amounts made available for any of fiscal years 2000 
     through 2003 under paragraph (1) exceed the total amounts to 
     be allocated under subsection (c) for the fiscal year, the 
     excess amounts shall be used to make allocations under 
     subsection (f).''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 157 and inserting the following:

``157. Safety incentive grants for use of seat belts.''.
       (c) Savings Clause.--The amendment made by subsection (a) 
     shall not affect any funds apportioned or allocated before 
     the date of enactment of this Act.

     SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED PERSONS.

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

     ``Sec. 163. Safety incentives to prevent operation of motor 
       vehicles by intoxicated persons

       ``(a) General Authority.--The Secretary shall make a grant, 
     in accordance with this section, to any State that has 
     enacted and is enforcing a law that provides that any person 
     with a blood alcohol concentration of 0.08 percent or greater 
     while operating a motor vehicle in the State shall be deemed 
     to have committed a per se offense of driving while 
     intoxicated (or an equivalent per se offense).
       ``(b) Grants.--For each fiscal year, funds authorized to 
     carry out this section shall be apportioned to each State 
     that has enacted and is enforcing a law meeting the 
     requirements of subsection (a) in an amount determined by 
     multiplying--
       ``(1) the amount authorized to carry out this section for 
     the fiscal year; by
       ``(2) the ratio that the amount of funds apportioned to 
     each such State under section 402 for such fiscal year bears 
     to the total amount of funds apportioned to all such States 
     under section 402 for such fiscal year.
       ``(c) Use of Grants.--A State may obligate funds 
     apportioned under subsection (b) for any project eligible for 
     assistance under this title.
       ``(d) Federal Share.--The Federal share of the cost of a 
     project funded under this section shall be 100 percent.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     out of the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section $55,000,000 for fiscal 
     year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for 
     fiscal year 2000, $90,000,000 for fiscal year 2001, 
     $100,000,000 for fiscal year 2002, and $110,000,000 for 
     fiscal year 2003.
       ``(2) Availability of funds.--Notwithstanding section 
     118(b)(2), the funds authorized by this subsection shall 
     remain available until expended.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``Sec. 163. Safety incentives to prevent operation of motor vehicles by 
              intoxicated persons.''.

                          Subtitle E--Finance

    CHAPTER 1--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. 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. 1503. 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, the following definitions apply:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     related to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and
       ``(C) 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) Investment-grade rating.--The term `investment-grade 
     rating' means a rating category of BBB minus, Baa3, or higher 
     assigned by a rating agency to project obligations offered 
     into the capital markets.
       ``(4) 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.
       ``(5) 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.
       ``(6) 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.
       ``(7) 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.
       ``(8) 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.
       ``(9) Project.--The term `project' means--
       ``(A) any surface transportation project eligible for 
     Federal assistance under this title or chapter 53 of title 
     49;
       ``(B) a project for an international bridge or tunnel for 
     which an international entity authorized under Federal or 
     State law is responsible.
       ``(C) a project for intercity passenger bus or rail 
     facilities and vehicles, including facilities and vehicles 
     owned by the National Railroad Passenger Corporation and 
     components of magnetic levitation transportation systems; and
       ``(D) a project for publicly owned intermodal surface 
     freight transfer facilities, other than seaports and 
     airports, if the facilities are located on or adjacent to 
     National Highway System routes or connections to the National 
     Highway System.
       ``(10) 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.
       ``(11) Rating agency.--The term `rating agency' means a 
     bond rating agency identified by the Securities and Exchange 
     Commission as a Nationally Recognized Statistical Rating 
     Organization.
       ``(12) 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.
       ``(13) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(14) Subsidy amount.--The term `subsidy amount' means the 
     amount of budget authority sufficient to cover the estimated 
     long-term cost to the Federal Government of a Federal credit 
     instrument, calculated on a net present value basis, 
     excluding administrative costs and any incidental effects on 
     governmental receipts or outlays in accordance with the 
     provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661 et seq.).
       ``(15) 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.

[[Page H3829]]

       ``(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.--
       ``(A) In general.--The selection criteria shall include the 
     following:
       ``(i) 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.
       ``(ii) 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.
       ``(iii) The extent to which assistance under this 
     subchapter would foster innovative public-private 
     partnerships and attract private debt or equity investment.
       ``(iv) 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.
       ``(v) The extent to which the project uses new 
     technologies, including intelligent transportation systems, 
     that enhance the efficiency of the project.
       ``(vi) The amount of budget authority required to fund the 
     Federal credit instrument made available under this 
     subchapter.
       ``(vii) The extent to which the project helps maintain or 
     protect the environment.
       ``(viii) The extent to which assistance under this chapter 
     would reduce the contribution of Federal grant assistance to 
     the project.
       ``(B) Preliminary rating opinion letter.--For purposes of 
     subparagraph (A)(ii), the Secretary shall require each 
     project applicant to provide a preliminary rating opinion 
     letter from at least 1 rating agency indicating that the 
     project's senior obligations have the potential to achieve an 
     investment-grade rating.
       ``(c) Federal Requirements.--In addition to the 
     requirements of this title for highway projects, chapter 53 
     of title 49 for transit projects, and section 5333(a) of 
     title 49 for rail projects, 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 paragraphs (2) through (4), 
     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.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget and each 
     rating agency providing a preliminary rating opinion letter 
     under section 182(b)(2)(B), shall determine an appropriate 
     capital reserve subsidy amount for each secured loan, taking 
     into account such letter.
       ``(4) Investment-grade rating requirement.--The funding of 
     a secured loan under this section shall be contingent on the 
     project's senior obligations receiving an investment-grade 
     rating, except that--
       ``(A) the Secretary may fund an amount of the secured loan 
     not to exceed the capital reserve subsidy amount determined 
     under paragraph (3) prior to the obligations receiving an 
     investment-grade rating; and
       ``(B) the Secretary may fund the remaining portion of the 
     secured loan only after the obligations have received an 
     investment-grade rating by at least 1 rating agency.
       ``(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 the 
     scheduled loan repayments of principal and interest on the 
     secured loan, the Secretary may, subject to subparagraph (C), 
     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).
       ``(C) Criteria.--
       ``(i) In general.--Any payment deferral under subparagraph 
     (A) shall be contingent on the project meeting criteria 
     established by the Secretary.
       ``(ii) Repayment standards.--The criteria established under 
     clause (i) shall include standards for reasonable assurance 
     of repayment.
       ``(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.--Subject to paragraphs (2) through (4), 
     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

[[Page H3830]]

     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.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget and each 
     rating agency providing a preliminary rating opinion letter 
     under section 182(b)(2)(B), shall determine an appropriate 
     capital reserve subsidy amount for each line of credit, 
     taking into account such letter.
       ``(4) Investment-grade rating requirement.--The funding of 
     a line of credit under this section shall be contingent on 
     the project's senior obligations receiving an investment-
     grade rating from at least 1 rating agency.
       ``(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) 1-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 also shall 
     not 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) Funding.--
       ``(1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this subchapter--
       ``(A) $80,000,000 for fiscal year 1999;
       ``(B) $90,000,000 for fiscal year 2000;
       ``(C) $110,000,000 for fiscal year 2001;
       ``(D) $120,000,000 for fiscal year 2002; and
       ``(E) $130,000,000 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. 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 
     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. Report to Congress.'';
     and
       (2) by inserting before section 101 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

     SEC. 1504. 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.''.

           CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGRAM

     SEC. 1511. STATE INFRASTRUCTURE BANK PILOT 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;

[[Page H3831]]

       (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 of title 23, United States Code.
       (b) Cooperative Agreements.--
       (1) In general.--
       (A) Purpose of agreements.--Subject to this section, the 
     Secretary may enter into cooperative agreements with the 
     States of California, Florida, Missouri, and Rhode Island for 
     the establishment of State infrastructure banks and 
     multistate infrastructure banks for making loans and 
     providing other assistance to public and private entities 
     carrying out or proposing to carry out projects eligible for 
     assistance under this section.
       (B) Contents of agreements.--Each cooperative agreement 
     shall specify procedures and guidelines for establishing, 
     operating, and providing assistance from the infrastructure 
     bank.
       (2) Interstate compacts.--If 2 or more States enter into a 
     cooperative agreement under paragraph (1) with the Secretary 
     for the establishment of a multistate infrastructure bank, 
     Congress grants consent to those States to enter into an 
     interstate compact establishing the bank in accordance with 
     this section.
       (c) Funding.--
       (1) Contribution.--Notwithstanding any other provision of 
     law, the Secretary may allow, subject to subsection (h)(1), a 
     State that enters into a cooperative agreement under this 
     section to contribute to the infrastructure bank established 
     by the State not to exceed--
       (A)(i) the total amount of funds apportioned to the State 
     under each of paragraphs (1), (3), and (4) of section 104(b) 
     and section 144 of title 23, United States Code, excluding 
     funds set aside under paragraphs (1) and (2) of section 
     133(d) of such title; and
       (ii) the total amount of funds allocated to the State under 
     section 105 of such title;
       (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, United States Code) 
     under sections 5307, 5309, and 5311 of such title; and
       (C) the total amount of funds made available to the State 
     under subtitle V of title 49, United States Code.
       (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) of title 23, United States Code, and 
     attributed to urbanized areas of a State with a population of 
     over 200,000 individuals under section 133(d)(2) of such 
     title 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 title 23, United States 
     Code, for capital projects (as defined in section 5302 of 
     title 49, United States Code), 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 
     section 104(b)(4) of title 23, United States Code, may be 
     used only to provide assistance with respect to projects 
     eligible for assistance under such paragraph.
       (3) Rail program funds.--Funds contributed to an 
     infrastructure bank from funds made available to a State 
     under subtitle V of title 49 United States Code, 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 titles 23 and 49, 
     United States Code, that would otherwise apply to funds made 
     available under such title and projects assisted with those 
     funds shall apply to--
       (A) funds made available under such title and contributed 
     to an infrastructure bank established under this section, 
     including the non-Federal contribution required under 
     subsection (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 such title (other than sections 113 and 114 of 
     title 23 and section 5333 of title 49), is not consistent 
     with the objectives of this section.
       (2) Repayments.--The requirements of titles 23 and 49, 
     United States Code, shall apply to repayments from non-
     Federal sources to an infrastructure bank from projects 
     assisted by the bank. Such a repayment shall 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.

                   Subtitle F--High Priority Projects

     SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by striking section 117 and inserting the 
     following:

     ``Sec. 117. High priority projects program

       ``(a) Authorization of High Priority Projects.--The 
     Secretary is authorized to carry out high priority projects 
     with funds made available to carry out the high priority 
     projects program under this section. Of amounts made 
     available to carry out this section, the Secretary, subject 
     to subsection (b), shall make available to carry out each 
     project described in section 1602 of the Transportation 
     Equity Act for the 21st Century the amount listed for such 
     project in such section. Any amounts made available to carry 
     out such program that are not allocated for projects 
     described in such section

[[Page H3832]]

     shall be available to the Secretary, subject to subsection 
     (b), to carry out such other high priority projects as the 
     Secretary determines appropriate.
       ``(b) Allocation Percentages.--For each project to be 
     carried out with funds made available to carry out the high 
     priority projects program under this section--
       ``(1) 11 percent of such amount shall be available for 
     obligation beginning in fiscal year 1998;
       ``(2) 15 percent of such amount shall be available for 
     obligation beginning in fiscal year 1999;
       ``(3) 18 percent of such amount shall be available for 
     obligation beginning in fiscal year 2000;
       ``(4) 18 percent of such amount shall be available for 
     obligation beginning in fiscal year 2001;
       ``(5) 19 percent of such amount shall be available for 
     obligation beginning in fiscal year 2002; and
       ``(6) 19 percent of such amount shall be available for 
     obligation beginning in fiscal year 2003.
       ``(c) Federal Share.--The Federal share payable on account 
     of any project carried out with funds made available to carry 
     out this section shall be 80 percent of the total cost 
     thereof.
       ``(d) Delegation to States.--Subject to the provisions of 
     this title, the Secretary shall delegate responsibility for 
     carrying out a project or projects, with funds made available 
     to carry out this section, to the State in which such project 
     or projects are located upon request of such State.
       ``(e) Advance Construction.--When a State which has been 
     delegated responsibility for a project under this section--
       ``(1) has obligated all funds allocated under this section 
     and section 1602 of the Transportation Equity Act for the 
     21st Century for such project; and
       ``(2) proceeds to construct such project without the aid of 
     Federal funds in accordance with all procedures and all 
     requirements applicable to such project, except insofar as 
     such procedures and requirements limit the State to the 
     construction of projects with the aid of Federal funds 
     previously allocated to it;

     the Secretary, upon the approval of the application of a 
     State, shall pay to the State the Federal share of the cost 
     of construction of the project when additional funds are 
     allocated for such project under this section and section 
     1602 of the Transportation Equity Act for the 21st Century.
       ``(f) Period of Availability.--Funds made available to 
     carry out this section shall remain available until expended.
       ``(g) Availability of Obligation Limitation.--Obligation 
     authority attributable to funds made available to carry out 
     this section shall only be available for the purposes of this 
     section and shall remain available until obligated pursuant 
     to section 1102(g) of the Transportation Equity Act for the 
     21st Century.
       ``(h) Treatment.--Funds allocated to a State in accordance 
     with this section shall be treated as amounts in addition to 
     the amounts a State is apportioned under sections 104, 105, 
     and 144 for programmatic purposes.''.
       (b) Purpose of Projects.--Section 145 of such title is 
     amended--
       (1) by inserting ``(a) Protection of State Sovereignty.--'' 
     before ``The authorization''; and
       (2) by adding at the end the following:
       ``(b) Purpose of Projects.--The projects described in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century, sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027 et 
     seq.), and section 149(a) of the Surface Transportation and 
     Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et 
     seq.) are intended to establish eligibility for Federal-aid 
     highway funds made available for such projects by section 
     section 1101(a)(13) of the Transportation Equity Act for the 
     21st Century, 117 of title 23, United States Code, sections 
     1103 through 1108 of Intermodal Surface Transportation 
     Efficiency Act of 1991, and subsections (b), (c), and (d) of 
     section 149 of the Surface Transportation and Uniform 
     Relocation Assistance Act of 1987, respectively, and are not 
     intended to define the scope or limits of Federal action in a 
     manner inconsistent with subsection (a).''.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by striking the item relating to 
     section 117 and inserting the following:

``117. High priority projects program.''.

     SEC. 1602. PROJECT AUTHORIZATIONS.

       Subject to section 117 of title 23, United States Code, the 
     amount listed for each high priority project in the following 
     table shall be available (from amounts made available by 
     section 1101(a)(13) of the Transportation Equity Act for the 
     21st Century) for fiscal years 1998 through 2003 to carry out 
     each such project:

       
       

------------------------------------------------------------------------
                                                             [Dollars in
 No.              State               Project description     Millions]
------------------------------------------------------------------------
   1. Georgia                     I-75 advanced                  1.275
                                   transportation
                                   management system in
                                   Cobb County...........
   2. Ohio                        Relocate Washington                2
                                   Street/SR 149 within
                                   Bellaire city limits
                                   in Belmont County.....
   3. Virginia                    Commuter and freight             7.5
                                   rail congestion and
                                   mitigation project
                                   over Quantico Creek...
   4. Michigan                    Construct bike path             3.75
                                   between Mount Clemens
                                   and New Baltimore.....
   5. California                  Extend I-10 HOV lanes,         2.205
                                   Los Angeles...........
   6. Utah                        Reconstruct US-89 and           5.25
                                   interchange at 200
                                   North in Kaysville....
   7. Ohio                        Upgrade North Road               1.2
                                   between US 422 and
                                   East Market St.,
                                   Trumbull Co...........
   8. Tennessee                   Alternative                      5.1
                                   transportation
                                   systems, Rutherford...
   9. New York                    Improve Long Ridge Road          1.4
                                   from Pound Ridge Road
                                   to Connecticut State
                                   line..................
  10. New York                    I-87 Noise Abatement             7.5
                                   Program...............
  11. California                  Upgrade access road to          0.75
                                   Mare Island...........
  12. Texas                       Reconstruct FM 364               3.6
                                   between Humble Road
                                   and I-10, Beaumont....
  13. Washington                  Construct pedestrian               1
                                   access and safety on
                                   Deception Pass Bridge,
                                   Deception Pass State
                                   Park, Washington......
  14. Ohio                        Conduct feasibility              0.1
                                   study for inclusion of
                                   US-22 as part of the
                                   Interstate System.....
  15. New York                    Improve Route 9 in              1.14
                                   Dutchess County.......
  16. California                  Reconstruct State Route          7.5
                                   81 (Sierra Ave.) and I-
                                   10 Interchange in
                                   Fontana...............
  17. New York                    Reconstruct Springfield            3
                                   Blvd. between the Long
                                   Island Rail main line
                                   south to Rockaway
                                   Blvd., Queens County..
  18. Tennessee                   Reconstruction of US-           3.75
                                   414 In Henderson
                                   County................
  19. New Jersey                  Upgrade Market St./             3.75
                                   Essex St. and Rochelle
                                   Ave./Main St. to
                                   facilitate access to
                                   Routes 17 and 80,
                                   Bergen Co.............
  20. Pennsylvania                US-209 Marshall's Creek          7.5
                                   Traffic Relief project
                                   in Monroe County......
  21. Louisiana                   Replace ferry in              1.6125
                                   Plaquemines Parish....
  22. Arkansas                    Construct access routes         0.75
                                   between interstate
                                   highway, industrial
                                   park and Slackwater
                                   Harbor, Little Rock...
  23. Georgia                     Reconstruct SR-26/US-60       2.6625
                                   from Bull River to
                                   Lazaretto Creek.......
  24. California                  Improve SR-91/Green            4.875
                                   River Road interchange
  25. Ohio                        Construct new bridge             1.5
                                   over Muskingum River
                                   and highway
                                   approaches, Washington
                                   County................
  26. Virginia                    Widen Route 123 from             7.5
                                   Prince William County
                                   line to State Route
                                   645 in Fairfax County,
                                   Virginia..............
  27. California                  Improve the interchange          4.5
                                   at Cabo and Nason
                                   Street in Moreno
                                   Valley................
  28. Nevada                      Canamex Corridor                5.25
                                   Innovative Urban
                                   Renovation project in
                                   Henderson.............
  29. California                  Construct bikeways,            0.384
                                   Santa Maria...........
  30. Louisiana                   Expand Harding Road              2.7
                                   from Scenic Highway to
                                   the Mississippi River
                                   and construct an
                                   information center....
  31. Florida                     West Palm Beach Traffic        11.25
                                   Calming Project on US-
                                   1 and Flagur Drive....
  32. Oregon                      Construct bike path              0.6
                                   paralleling 42nd
                                   Street to link with
                                   existing bike path,
                                   Springfield...........
  33. Illinois                    Construct elevated               0.9
                                   walkway between Centre
                                   Station and arena.....
  34. Pennsylvania                Construct Ardmore               0.45
                                   Streetscape project...
  35. California                  Construct San Diego and           10
                                   Arizona Eastern
                                   Intermodal Yard, San
                                   Ysidro................
  36. New Jersey                  Replace Clove Road              0.75
                                   bridge over tributary
                                   of Mill Brook and
                                   Clove Brook in Sussex
                                   County................
  37. Oregon                      Design and engineering         0.375
                                   for Newberg-Dundee
                                   Bypass................
  38. Ohio                        Upgrade US Rt. 33               3.75
                                   between vicinity of
                                   Haydenville to
                                   Floodwood (Nelsonville
                                   Bypass)...............
  39. Connecticut                 Revise interchange ramp       2.8125
                                   on to Route 72
                                   northbound from I-84
                                   East in Plainville,
                                   Connecticut...........
  40. Alaska                      Construct Spruce Creek        0.2625
                                   Bridge in Soldotna....
  41. New York                    Undertake studies,                18
                                   planning, engineering,
                                   design and
                                   construction of a
                                   tunnel alternative to
                                   reconstruction of
                                   existing elevated
                                   expressway (Gowanus
                                   tunnel project).......
  42. Virginia                    Reconstruct SR 168                 6
                                   (Battlefield Blvd.) in
                                   Chesapeake............
  43. Pennsylvania                Upgrade PA 228 (Crows            5.4
                                   Run Corridor).........
  44. New York                    Upgrade and improve             12.2
                                   Saratoga to Albany
                                   intermodal
                                   transportation
                                   corridor..............
  45. Pennsylvania                Widen Montgomery Alley             2
                                   and improve pedestrian
                                   and parking facilites
                                   in the vicinity of the
                                   Falling Spring,
                                   Chambersburg..........
  46. Nebraska                    Corridor study for            0.2625
                                   Plattsmouth Bridge
                                   area to US-75 and
                                   Horning Road..........
  47. Pennsylvania                Construct SR 3019 over         0.375
                                   Great Trough Creek in
                                   Huntingdon County.....
  48. Pennsylvania                Improve PA 56 from I-99         0.75
                                   to Somerset County
                                   Line in Bedford County
  49. Connecticut                 Replace Windham Road             1.5
                                   bridge, Windham.......
  50. Tennessee                   Upgrade Briley Parkway           4.2
                                   between I-40 and
                                   Opreyland.............
  51. Pennsylvania                Renovate Harrisburg            1.875
                                   Transportation Center
                                   in Dauphin County.....
  52. Oregon                      Construct phase I:            15.625
                                   highway 99 to Biddle
                                   Road of the highway 62
                                   corridor solutions
                                   project...............
  53. Washington                  Construct traffic              0.257
                                   signals on US-2 at
                                   Olds Owens Road and
                                   5th Street in Sultan,
                                   Washington............
  54. New York                    Upgrade Route 17                12.6
                                   between Five Mile
                                   Point and Occanum,
                                   Broome Co.............
  55. Texas                       Improve US 82, East-            12.3
                                   West Freeway between
                                   Memphis Avenue and
                                   University Avenue.....
  56. Tennessee                   Construct Stones River           8.2
                                   Greenway, Davidson....
  57. Minnesota                   Conduct study of               0.375
                                   potential for
                                   diversion of traffic
                                   from the I-35 corridor
                                   to commuter rail,
                                   Chisago County north
                                   of Forest Lake along I-
                                   35 corridor to Rush
                                   City..................
  58. Minnesota                   Upgrade 10th Street            1.125
                                   South, St. Cloud......
  59. Tennessee                   Improve State Road 95          3.675
                                   from Westover Drive to
                                   SR-62 in Roane and
                                   Anderson Counties.....
  60. California                  Construct Ontario               10.5
                                   International Airport
                                   ground access program.

[[Page H3833]]

 
  61. Iowa                        Construct four-lane              7.5
                                   expressway between Des
                                   Moines and
                                   Marshalltown..........
  62. Texas                       Upgrade FM225,                     3
                                   Nacogdoches...........
  63. Ohio                        Upgrade US Rt. 35               3.75
                                   between vicinity of
                                   Chillicothe to Village
                                   of Richmond Dale......
  64. Indiana                     Upgrade 93rd Avenue in         4.425
                                   Merrillville..........
  65. California                  Improve streets and            0.236
                                   construct bicycle
                                   path, Westlake Village
  66. Pennsylvania                Upgrade I-95 between           21.45
                                   Lehigh Ave. and
                                   Columbia Ave. and
                                   improvements to Girard
                                   Ave./I-95 interchange,
                                   Philadelphia..........
  67. Michigan                    Construct I-96/Beck             1.95
                                   Wixom Road interchange
  68. Pennsylvania                Construct I-95/Route             1.5
                                   332 interchange.......
  69. California                  Improve streets and             0.75
                                   construct bicycle
                                   path, Calabasas.......
  70. New York                    Construct Hutton Bridge            1
                                   Project...............
  71. Ohio                        Restore Main and First        0.3375
                                   Streets to two-way
                                   traffic, Miamisburg...
  72. Virginia                    Widen I-64 Bland             25.8375
                                   Boulevard interchange.
  73. Washington                  Widen Cook Road in               3.1
                                   Skagit County,
                                   Washington............
  74. New York                    Construct interchange          8.775
                                   and connector road
                                   using ITS testbed
                                   capabilities at I-90
                                   Exit 8................
  75. New York                    Construct Edgewater                9
                                   Road Dedicated Truck
                                   Route.................
  76. Illinois                    Upgrade Illinois 336           3.825
                                   between Illinois 61 to
                                   south of Loraine......
  77. Michigan                    Reconstruct Bagley              0.45
                                   Street and improve
                                   Genschaw Road, Alpena.
  78. California                  Construct Third Street         9.375
                                   South Bay Basin
                                   Bridge, San Francisco.
  79. New Mexico                  Improve I-25 at Raton              9
                                   Pass..................
  80. Pennsylvania                Construct Mon-Fayette             20
                                   Expressway between
                                   Union Town and
                                   Brownsville...........
  81. Michigan                    Upgrade Hill Road               2.25
                                   corridor between I-75
                                   to Dort Highway,
                                   Genesee Co............
  82. Georgia                     Improve GA-316 in             30.675
                                   Gwinnett County.......
  83. North Carolina              Construct segment of              12
                                   new freeway, including
                                   right-of-way
                                   acquisition, between
                                   East of US 401 to I-
                                   95, and bridge over
                                   Cape Fear River.......
  84. Florida                     Construct US-98/Thomas          8.25
                                   Drive interchange.....
  85. Illinois                    Construct I-64/North             3.6
                                   Greenmount Rd.
                                   interchange, St. Clair
                                   Co....................
  86. South Carolina              Three River Greenway            3.75
                                   Project to and from
                                   Gervals Street in
                                   Columbia..............
  87. New York                    Upgrade Chenango County          1.6
                                   Route 32 in Norwich...
  88. Maine                       Construct I-95/                  1.5
                                   Stillwater Avenue
                                   interchange...........
  89. Massachusetts               Construct I-495/Route 2         3.15
                                   interchange east of
                                   existing interchange
                                   to provide access to
                                   commuter rail station,
                                   Littleton.............
  90. Connecticut                 Construct Seaview                2.5
                                   Avenue Corridor
                                   project...............
  91. Texas                       Construct                       3.75
                                   transportation
                                   improvements as part
                                   of redevelopment of
                                   Kelly AFB, San Antonio
  92. Texas                       Conduct pipeline               1.125
                                   express study through
                                   Texas Transportation
                                   Institute (A&M
                                   University)...........
  93. Illinois                    Undertake improvements           1.5
                                   to Campus
                                   Transportation System,
                                   Chicago...............
  94. Pennsylvania                Improve walking and              2.1
                                   biking trails between
                                   Easton and Lehigh
                                   Gorge State Park
                                   within the Delaware
                                   and Lehigh Canal
                                   National Heritage
                                   Corridor..............
  95. Michigan                    Upgrade and make                10.5
                                   improvements to the
                                   Walton Corridor
                                   project including
                                   segments of Walton
                                   Blvd., Baldwin and
                                   Joslyn Roads, and
                                   Telegraph Road........
  96. North Carolina              Construct Charlotte               12
                                   Western Outer Loop
                                   freeway, Mecklenburg
                                   Co....................
  97. Tennessee                   Reconstruct US 79                  3
                                   between Milan and
                                   McKenzie..............
  98. Virginia                    Undertake access                 1.5
                                   improvements for
                                   Freemason Harbor
                                   Development
                                   Initiative, Norfolk...
  99. Pennsylvania                Upgrade US Rt. 119              3.05
                                   between Homer City and
                                   Blairsville...........
 100. Minnesota                   Construct pedestrian         0.53025
                                   bridge over TH 169 in
                                   Elk River.............
 101. Georgia                     Construct Athens to                6
                                   Atlanta Transportation
                                   Corridor..............
 102. Alabama                     Initiate construction              3
                                   on controlled access
                                   highway between the
                                   Eastern edge of
                                   Madison County and
                                   Mississippi State
                                   line..................
 103. Texas                       Construct improvments           5.76
                                   along US 69 including
                                   frontage roads,
                                   Jefferson Co..........
 104. New York                    Rehabilitate Broadway            1.5
                                   Bridge, New York City.
 105. Ohio                        Reconstruct Morgan               0.4
                                   County 37 in Morgan
                                   County................
 106. California                  Improve Mission                  0.5
                                   Boulevard in San
                                   Bernardino, California
 107. Indiana                     Widen 116th Street in          1.125
                                   Carmel................
 108. Illinois                    Undertake traffic                  2
                                   mitigation and
                                   circulation
                                   enhancements, 57th and
                                   Lake Shore Drive......
 109. Georgia                     Construct Rome to              0.584
                                   Memphis Highway in
                                   Floyd and Bartow
                                   Counties..............
 110. Ohio                        Construct highway-rail          4.75
                                   grade separations on
                                   Snow Road in Brook
                                   Park..................
 111. Kentucky                    Construct highway-rail         0.825
                                   grade separations
                                   along the City Lead in
                                   Paducah...............
 112. Illinois                    Resurface S. Chicago           0.795
                                   Ave. From 71st to 95th
                                   Streets, Chicago......
 113. Minnesota                   Upgrade TH 13 between            1.5
                                   TH 77 and I-494.......
 114. Kentucky                    Redevelop and improve           2.84
                                   ground access to
                                   Louisville Waterfront
                                   District in
                                   Louisville, Kentucky..
 115. South Dakota                Construct US-16 Hell           0.441
                                   Canyon Bridge and
                                   approaches in Custer
                                   County................
 116. Georgia                     Resurface Davis Drive,           0.3
                                   Green Street, and
                                   North Houston Road in
                                   Warner Robins.........
 117. Pennsylvania                Construct highway-               1.5
                                   transit transfer
                                   facility in Lemoyne...
 118. Georgia                     Upgrade I-75 between            8.25
                                   the Crisp/Dooly Co.
                                   line to the Florida
                                   State line............
 119. New Jersey                  Conduct Route 46              24.375
                                   Corridor Improvement
                                   Project with the
                                   amount provided,
                                   $8,625,000 for the
                                   Route 46/Riverview
                                   Drive Interchange
                                   reconstruction
                                   project, $12,675,000
                                   for the Route 46/Van
                                   Houton Avenue
                                   reconstruction
                                   project, and
                                   $3,075,000 for the
                                   Route 46/Union Blvd.
                                   interchange
                                   reconstruction project
 120. Mississippi                 Construct segment 2 of        0.6875
                                   the Jackson University
                                   Parkway in Jackson....
 121. New Jersey                  Improve grade                   10.5
                                   separations on the
                                   Garden State Parkway
                                   in Cape May County,
                                   New Jersey............
 122. Pennsylvania                Construct access to              1.5
                                   site of former
                                   Philadelphia Naval
                                   Shipyard and Base,
                                   Philadelphia..........
 123. Idaho                       Reconstruct US-95 from             9
                                   Bellgrove to Mica.....
 124. Illinois                    Improve access to 93rd          2.25
                                   Street Station,
                                   Chicago...............
 125. Illinois                    Rehabilitate WPA                 4.7
                                   Streets in Chicago....
 126. Minnesota                   Construct grade                 1.35
                                   crossing improvments,
                                   Morrison County.......
 127. Kentucky                    Extend Hurstbourne              4.56
                                   Parkway from Bardstown
                                   Road to Fern Valley
                                   Road..................
 128. Texas                       Upgrade SH 130 in               0.75
                                   Caldwell amd
                                   Williamson Counties...
 129. Massachusetts               Construct bikeway                  6
                                   between Blackstone and
                                   Worcester.............
 130. New York                    Rehabilitate roads,             0.12
                                   Village of Great Neck.
 131. Virginia                    Widen I-81 in Roanoke              4
                                   and Botetourt Counties
                                   and in Rockbridge,
                                   Augusta and Rockingham
                                   Counties..............
 132. Illinois                    Construct an                   5.625
                                   interchange at I-90
                                   and Illinois Route 173
                                   in Rockford...........
 133. Illinois                    Engineering for Peoria             5
                                   to Chicago expressway.
 134. Pennsylvania                Construct access               1.275
                                   improvements between
                                   exits 56 and 57 off I-
                                   81 in Lackawanna......
 135. California                  Reconstruct Tennessee           0.75
                                   Valley Bridge, Marin
                                   Co....................
 136. Michigan                    Improvements to Card           0.975
                                   Road between 21 mile
                                   road and 23 mile road
                                   in Macomb Co..........
 137. Illinois                    Construct Veterans              7.88
                                   Parkway from Eastland
                                   Drive to Commerce
                                   Parkway in Bloomington
 138. New York                    Conduct safety study             0.4
                                   and improve I-90 in
                                   Downtown Buffalo......
 139. Minnesota                   Upgrade CSAH 1 from             0.36
                                   CSAH 61 to 0.8 miles
                                   north.................
 140. Pennsylvania                Construct access road              3
                                   and parking
                                   facilities, Valley
                                   Forge National
                                   Historic Park, Valley
                                   Forge.................
 141. Illinois                    Construct Orchard Road          5.25
                                   Bridge over the Fox
                                   River.................
 142. Missouri                    Construct US-412                   6
                                   corridor from Kennett
                                   to Hayti, Missouri....
 143. Michigan                    Upgrade M-84 connector        13.135
                                   between Tittabawasee
                                   Rd. and M-13, Bay and
                                   Saginaw Counties......
 144. Louisiana                   Increase capacity of               1
                                   Lake Pontchartrain
                                   Causeway..............
 145. Tennessee                   Improve the Elizabethon       6.3375
                                   Connector from US-312
                                   to US-19 East.........
 146. Texas                       Construct Austin to San        5.625
                                   Antonio Corridor......
 147. Pennsylvania                Make safety                        7
                                   improvements on PA Rt.
                                   61 (Dusselfink Safety
                                   Project) between Rt.
                                   183 in Cressona and SR
                                   0215 in Mount Carbon..
 148. Tennessee                   Improve State Route 92        3.4125
                                   from I-40 to South of
                                   Jefferson City........
 149. Illinois                    Planning, engineering              2
                                   and first phase
                                   construction of
                                   beltway connector,
                                   Decatur...............
 150. Indiana                     Safety improvements to         6.825
                                   McKinley and Riverside
                                   Avenues in Muncie.....
 151. Georgia                     Widen Georgia Route 6/         5.666
                                   US-278 in Polk County.
 152. Arkansas                    Widen 28th Street and           0.75
                                   related improvements
                                   in Van Buren, Arkansas
 153. Tennessee                   Reconstruct Old Walland         1.26
                                   Highway bridge over
                                   Little River in
                                   Townsend..............
 154. Missouri                    Construct Highway 36             2.4
                                   Hannibal Bridge and
                                   approaches in Marion
                                   County................
 155. Minnesota                   Construct Cass County           0.18
                                   Public Trails
                                   Corridors.............
 156. Alabama                     Construct Eastern Black           13
                                   Warrior River Bridge..
 157. Michigan                    Construct Monroe Rail            4.5
                                   Consolidation Project,
                                   Monroe................
 158. Illinois                    Rehabilitate 95th                0.6
                                   Street between 54th
                                   Place and 50th Avenue,
                                   Oak Lawn..............
 159. New York                    Construct Hamilton            12.375
                                   Street interchange in
                                   Erwin, New York.......
 160. New York                    Improve 6th and                0.525
                                   Columbia Street
                                   project in Elmira.....
 161. California                  Enhance Fort Bragg and         0.275
                                   Willitis passenger
                                   stations..............
 162. New York                    Capital improvements              14
                                   for the car float
                                   operations in
                                   Brooklyn, New York,
                                   for the New York City
                                   Economic Development
                                   Corp..................
 163. New Jersey                  Construct New Jersey               2
                                   Exit 13A Flyover
                                   (extension of Kapowski
                                   Rd. to Trumbull St.)..
 164. Pennsylvania                Relocate U.S. 22 around           25
                                   the Borough of
                                   Holidaysburg, PA, or
                                   other projects in the
                                   counties of Bedford,
                                   Blair, Centre,
                                   Franklin, Mifflin,
                                   Fulton and Clearfield,
                                   and Huntingdon as
                                   selected by the State
                                   of Pennsylvania.......
 165. Wyoming                     Construct Jackson-Teton          1.5
                                   Pathway in Teton
                                   County................
 166. Michigan                    Construct improvements          2.25
                                   to 23 Mile Road
                                   between Mound Road and
                                   M-53, Macomb County...

[[Page H3834]]

 
 167. Michigan                    Early preliminary                1.5
                                   engineering/
                                   preliminary
                                   engineering to U.S.
                                   131 B.R./ Industrial
                                   Connector, Kalamazoo,
                                   Michigan..............
 168. Illinois                    Construct improvements         0.975
                                   to segment of Town
                                   Creek Road, Jackson
                                   Co....................
 169. Vermont                     Replace Missisquoi Bay            12
                                   Bridge................
 170. Massachusetts               Upgrade Sacramento            0.1875
                                   Street underpass,
                                   Somerville............
 171. Oregon                      Study and design I-5/              3
                                   Beltline Road
                                   interchange
                                   reconstruction........
 172. Massachusetts               Construct accessibility            3
                                   improvments to Charles
                                   Street T Station,
                                   Boston................
 173. California                  Widen and improve I-5/        10.425
                                   State Route 126
                                   interchange in
                                   Valencia..............
 174. Arkansas                    Widen Highway 65/82            5.375
                                   from Pine Bluff to the
                                   Mississippi State line
 175. Ohio                        Rehabilitate Martin              1.5
                                   Luther King, Jr.
                                   Bridge, Toledo........
 176. California                  Upgrade I-880, Alameda.          7.5
 177. Illinois                    Right-of-way                       3
                                   acquisition for
                                   segment of Alton
                                   Bypass between
                                   Illinois 143 to
                                   Illinois 140 near
                                   Alton.................
 178. Georgia                     Conduct study of a             17.25
                                   multimodal
                                   transportation
                                   corridor along GA-400.
 179. Illinois                    Reconstruct Dixie             0.3705
                                   Highway, Harvey.......
 180. Tennessee                   Construct State Route            1.8
                                   131 from Gill Road to
                                   Bishop Road...........
 181. Washington                  Construct Port of              0.675
                                   Kalama River Bridge...
 182. Virginia                    Upgrade Virginia Route          0.75
                                   10, Surrey Co.........
 183. Iowa                        Reconstruct US Highway           2.5
                                   218 between 7th and
                                   20th Streets inlcuding
                                   center turn lane from
                                   Hubenthal Place to
                                   Carbide Lane, Keokuk..
 184. Oregon                      Repair bridge over                10
                                   Rogue River, Gold
                                   Beach.................
 185. New Jersey                  Construct pedestrian            2.25
                                   bridge in Washington
                                   Township..............
 186. Ohio                        Construct Chesapeake            3.75
                                   Bypass, Lawrence Co...
 187. California                  Rehabilitate historic          2.625
                                   train depot in San
                                   Bernadino.............
 188. Michigan                    Construct improvements           0.9
                                   to Linden Rd. between
                                   Maple Ave. and Pierson
                                   Rd., Genessee Co......
 189. Alabama                     Construct Crepe Myrtle           1.2
                                   Trail near Mobile,
                                   Alabama...............
 190. New York                    Reconstruct Route 23/           0.85
                                   Route 205 intersection
                                   in Oneonta............
 191. Rhode Island                Reconstruct                  0.33375
                                   interchanges on Rt.
                                   116 between Rt. 146
                                   and Ashton Viaduct,
                                   Lincoln...............
 192. Michigan                    Construct route                  2.7
                                   improvements along
                                   Washington Ave.
                                   between Janes Ave. to
                                   Johnson St. and East
                                   Genesee Ave. between
                                   Saginaw River and
                                   Janes Ave., Saginaw...
 193. California                  Realign and improve              4.5
                                   California Route 79 in
                                   Riverside County......
 194. Michigan                    Construct Tawas Beach           1.65
                                   Road/US 23 interchange
                                   improvements, East
                                   Tawas.................
 195. Illinois                    Rehabilitate Timber            0.105
                                   Bridge over Little
                                   Muddy River and
                                   approach roadway,
                                   Perry Co..............
 196. Texas                       Construct East Loop,            0.75
                                   Brownsville...........
 197. Mississippi                 Upgrade Cowan-Lorraine           8.5
                                   Rd. between I-10 and
                                   U.S. 90, Harrison Co..
 198. California                  Construct Alameda             9.5625
                                   Corridor East project.
 199. Washington                  Construct I-5                 4.9875
                                   interchanges in Lewis
                                   County................
 200. Minnesota                   Undertake improvements           3.9
                                   to Hennepin County
                                   Bikeway...............
 201. Illinois                    Construct Alton Bypass         1.875
                                   from IL-40 to
                                   Fosterburg Road.......
 202. Louisiana                   Construct Houma-               2.325
                                   Thibodaux to I-10
                                   connector from
                                   Gramercy to Houma.....
 203. Illinois                    Study for new bridge            1.05
                                   over Mississippi River
                                   with terminus points
                                   in St. Clair County
                                   and St. Louis, MO.....
 204. New York                    Rehabilitate Queens                6
                                   Blvd./Sunnyside Yard
                                   Bridge, New York City.
 205. North Carolina              Construct segment of I-          1.5
                                   74 between Maxton
                                   Bypass and NC 710,
                                   Robeson Co............
 206. Alabama                     Conduct engineering,              17
                                   acquire right-of-way
                                   and construct the
                                   Birmingham Northern
                                   Beltline in Jefferson
                                   County................
 207. South Dakota                Replace Meridan Bridge.         3.25
 208. Ohio                        Upgrade Route 82,               5.25
                                   Strongsville..........
 209. Mississippi                 Construct I-20 /Norrell         3.75
                                   Road interchange,
                                   Hinds County..........
 210. Wisconsin                   Reconstruct U.S.                19.5
                                   Highway 151, Waupun to
                                   Fond du Lac...........
 211. Michigan                    Improve Kent County            11.28
                                   Airport road access in
                                   Grand Rapids, Michigan
                                   by extending 36th
                                   Street, improving 48th
                                   Street and
                                   constructing the I-96/
                                   Whitneyville
                                   interchange...........
 212. Pennsylvania                Replace Dellville               0.75
                                   Bridge in Wheatfield..
 213. California                  Upgrade Ft. Irwin Road         1.125
                                   from I-15 to Fort
                                   Irwin.................
 214. New York                    Reconstruct 127th                1.5
                                   Street viaduct, New
                                   York City.............
 215. Arkansas                    Upgrade US Rt. 67,               1.5
                                   Newport to Missouri
                                   State line............
 216. Louisiana                   Extend Howard Avenue to            6
                                   Union Passenger
                                   Terminal, New Orleans.
 217. Colorado                    Complete the Powers                9
                                   Boulevard north
                                   extension in Colorado
                                   Springs...............
 218. Pennsylvania                Widen US-30 from US-222            9
                                   to PA-340 and from PA-
                                   283 to PA-741.........
 219. Pennsylvania                Upgrade Route 219                2.4
                                   between Meyersdale and
                                   Somerset..............
 220. Mississippi                 Widen MS-15 from Laurel          7.5
                                   to Louiseville........
 221. California                  Construct bike paths,          0.625
                                   Thousand Oaks.........
 222. Texas                       Investigate strategies         0.375
                                   to reduce congestion
                                   and facilitate access
                                   at the international
                                   border crossing in
                                   Roma..................
 223. Wisconsin                   Upgrade Marshfield              3.75
                                   Blvd., Marshfield.....
 224. Wisconsin                   Construct Abbotsford             4.5
                                   Bypass................
 225. New York                    Reconstruct Route 25/           0.75
                                   Route 27 intersection
                                   in St. Lawrence County
 226. California                  Upgrade access to              0.375
                                   Sylmar/San Fernando
                                   Metrolink Station and
                                   Westfield Village, Los
                                   Angeles...............
 227. Tennessee                   Construct park and ride            8
                                   intermodal centers for
                                   Nashville/Middle
                                   Tennessee Commuter
                                   Rail..................
 228. Illinois                    Upgrade St. Marie              0.036
                                   Township Road, Jasper
                                   County................
 229. Illinois                    Resurface 95th St.              2.34
                                   between Western Ave.
                                   and Stony Island
                                   Blvd., Chicago........
 230. New York                    Construct new exit 46A             6
                                   on I-90 at Route 170
                                   in North Chili........
 231. Indiana                     Upgrade 4 warning                0.3
                                   devices on north/south
                                   rail line from Terre
                                   Haute to Evansville...
 232. California                  Improve SR-70 from              6.25
                                   Marysville Bypass to
                                   Oroville Freeway......
 233. Dist. of Col.               Implement Geographical           7.5
                                   Information System,
                                   Washington, D.C.......
 234. California                  Construct connector             11.5
                                   between I-5 and SR 113
                                   and reconstruct I-5
                                   interchange with Road
                                   102, Woodland.........
 235. Pennsylvania                Reconstruct State Route         6.75
                                   2001 in Pike County...
 236. California                  Upgrade I-680 Corridor,          7.5
                                   Alameda Co............
 237. Louisiana                   Reconstruct I-10 and               6
                                   Ryan Street access
                                   ramps and frontage
                                   street improvements,
                                   Lake Charles..........
 238. Arkansas                    Construct access route            12
                                   to Northwest Arkansas
                                   Regional Airport in
                                   Highfill, Arkansas....
 239. Pennsylvania                Reconstruct structures             2
                                   and adjacent roadway,
                                   Etna and Aspenwall
                                   (design and right-of-
                                   way acquisition
                                   phases), Allegheny Co.
 240. Alaska                      Construct capital                4.5
                                   improvements to
                                   intermodal freight and
                                   passenger facilities
                                   servicing the Alaska
                                   Marine Highway and
                                   other related
                                   transportation modes
                                   in Seward provided
                                   that the state public
                                   authority which owns
                                   the current intermodal
                                   facilities carries out
                                   this project with the
                                   entire amount of funds
                                   provided..............
 241. Illinois                    Construct improvements         1.425
                                   to Pleasant Hill Road,
                                   Carbondale............
 242. Florida                     Deploy magnetic lane           0.375
                                   marking system on I-4.
 243. Texas                       Extend Texas State             4.675
                                   Highway 154 between US
                                   80W and State Highway
                                   43S...................
 244. Minnesota                   Upgrade CSAH 16 between         4.05
                                   TH 53 and CSAH 4......
 245. Pennsylvania                Upgrade US Rt. 22,              4.85
                                   Chickory Mountain
                                   section...............
 246. Arkansas                    Improve Arkansas State         0.375
                                   Highway 12 from US-71
                                   at Rainbow Curve to
                                   Northwest Arkansas
                                   Regional Airport......
 247. Massachusetts               Implement Cape and             0.375
                                   Islands Rural Roads
                                   Initiative, Cape Cod..
 248. Massachusetts               Reconstruct roadways,           2.25
                                   Somerville............
 249. Washington                  Construct Washington             0.9
                                   Pass visitor
                                   facilities on North
                                   Cascades Highway......
 250. Indiana                     Construct Hazel Dell           4.125
                                   Parkway from 96th
                                   Street to 146th Street
                                   in Carmel.............
 251. Georgia                     Upgrade Lithonia               0.375
                                   Industrial Boulevard,
                                   DeKalb Co.............
 252. Wisconsin                   Upgrade STH 29 between           4.5
                                   IH 94 and Chippewa
                                   Falls.................
 253. Kansas                      Construct Diamond               7.56
                                   interchange at Antioch
                                   and I-435.............
 254. California                  Reconstruct I-215 and         2.0625
                                   construct HOV lanes
                                   between 2nd Street and
                                   9th Street, San
                                   Bernardino............
 255. Iowa                        Relocate US 61 to               2.25
                                   bypass Fort Madison...
 256. Illinois                    Construct Richton Road,          1.5
                                   Crete.................
 257. Ohio                        Upgrade US-30 from SR-         11.25
                                   235 in Hancock County
                                   to the Ontario bypass
                                   in Richland County....
 258. Florida                     Construct access road           0.75
                                   to St. Johns Ave.
                                   Industrial Park.......
 259. Pennsylvania                Design, engineer, ROW           10.5
                                   acquisition and
                                   construct the Luzerne
                                   County Community
                                   College Road between
                                   S.R. 2002 and S.R.
                                   3004 one-mile west of
                                   Center Street through
                                   S.R. 2008 in the
                                   vicinity of Prospect
                                   Street and the Luzerne
                                   County Community
                                   College, including a
                                   new interchange on
                                   S.R. 0029.............
 260. Louisiana                   Construct State Highway          8.5
                                   3241/State Highway
                                   1088/I-12 interchange
                                   in St. Tammany Parish,
                                   Louisiana.............
 261. Illinois                    Improve access to                1.6
                                   Rantoul Aviation
                                   Center in Rantoul.....
 262. Virginia                    Improve Harrisonburg             0.5
                                   East Side roadways in
                                   Harrisonburg..........
 263. California                  Upgrade Highway 99               7.3
                                   between State Highway
                                   70 and Lincoln Rd.,
                                   Sutter Co.............
 264. Indiana                     Extend East 56th Street        4.875
                                   in Lawrence...........
 265. New York                    Construct the Mineola           10.5
                                   intermodal facility
                                   and Hicksville
                                   intermodal facility in
                                   Nassau county.........
 266. Texas                       Upgrade IH-30 between          21.75
                                   Dallas and Ft. Worth..
 267. Massachusetts               Construct improvements           1.8
                                   to North Main Street
                                   in Worcester..........
 268. Arkansas                    Study and construct a           0.75
                                   multi-modal facility
                                   Russellville,
                                   Arkansas..............
 269. New York                    Judd Road Connector in          30.3
                                   New Hartford and
                                   Whitestown, New York..
 270. Oregon                      Upgrade I-5, Salem.....            3
 271. California                  Upgrade call boxes             1.125
                                   throughout Santa
                                   Barbara County........
 272. Wisconsin                   Upgrade US Rt. 10                  6
                                   between Waupaca to US
                                   Rt. 41................

[[Page H3835]]

 
 273. Iowa                        Reconstruct I-235 and          5.175
                                   improve the
                                   interchange for access
                                   to the MLKing Parkway.
 274. Pennsylvania                Construct Steel                  0.3
                                   Heritage Trail between
                                   Glenwood Bridge to
                                   Clairton via
                                   McKeesport............
 275. Idaho                       Construct critical               7.5
                                   interchanges and grade-
                                   crossings on US-20
                                   between Idaho Falls
                                   and Chester...........
 276. Utah                        Construct Cache Valley          5.25
                                   Highway in Logan......
 277. Massachusetts               Upgrade Rt. 3 between           6.15
                                   Rt. 128/I-95 to
                                   Massachusetts and New
                                   Hampshire State Line..
 278. Indiana                     Construct Hoosier              18.75
                                   Heartland from
                                   Lafayette to Ft. Wayne
 279. New York                    Conduct traffic calming          0.3
                                   study on National
                                   Scenic Byway Route 5
                                   in Hamburg............
 280. California                  Construct I-5 rail             15.09
                                   grade crossings
                                   between I-605 and
                                   State Route 91, Los
                                   Angeles and Orange
                                   Counties..............
 281. Massachusetts               Undertake improvements          2.25
                                   to South Station
                                   Intermodal Station....
 282. Massachusetts               Reconstruct Bates                  3
                                   Bridge over Merrimack
                                   River.................
 283. Illinois                    Upgrade Wood Street           0.7425
                                   between Little Calumet
                                   River to 171st St.,
                                   Dixmore, Harvey,
                                   Markham, Hazel Crest..
 284. Pennsylvania                Construct safety and            6.15
                                   capacity improvements
                                   to Rt. 309 and Old
                                   Packhouse Road
                                   including widening of
                                   Old Packhouse Road
                                   between KidsPeace
                                   National Hospital to
                                   Rt. 309...............
 285. Illinois                    Reconstruct Mt. Erie           3.385
                                   Blacktop in Mt. Erie..
 286. Michigan                    Repair 48th Avenue,           0.2025
                                   Menominee.............
 287. Texas                       Reconstruct intermodal           5.5
                                   connectors on Highway
                                   78 and Highway 544 in
                                   Wylie.................
 288. Georgia                     Conduct a study of              3.75
                                   transportation
                                   alternatives in
                                   Northwest Georgia
                                   between Atlanta and
                                   Chattanooga...........
 289. Louisiana                   Reconstruct Jefferson              1
                                   Lakefront bikepath in
                                   Jefferson Parish,
                                   Louisiana.............
 290. New York                    Construct Midtown West           3.5
                                   Intermodal Ferry
                                   Terminal, New York
                                   City..................
 291. Maine                       Construct I-295                3.375
                                   connector, Portland...
 292. Colorado                    Construct I-25 truck            2.25
                                   lane from Lincoln
                                   Avenue to Castle Pines
                                   Parkway in Douglas
                                   County................
 293. New Jersey                  Widen Route 1 from              5.25
                                   Pierson Avenue to
                                   Inman Avenue in
                                   Middlesex County......
 294. New York                    Construct intermodal           1.875
                                   transportation hub in
                                   Patchogue.............
 295. New York                    Improve Route 281 in            6.75
                                   Cortland..............
 296. California                  Construct State Route            7.5
                                   76 in Northern San
                                   Diego.................
 297. Illinois                    Congestion mitigation              9
                                   for Illinois Route 31
                                   and Illinois Route 62
                                   intersection in
                                   Algonquin.............
 298. Pennsylvania                Improve South Central           0.75
                                   Business Park in
                                   Fulton County.........
 299. California                  Willits Bypass, Highway         0.65
                                   101in Mendocino
                                   County, California....
 300. Texas                       Upgrade FM 1764 between         2.25
                                   FM 646 to State
                                   Highway 6.............
 301. Ohio                        Construct Intermodal            3.04
                                   Industrial Park in
                                   Wellsville............
 302. Texas                       Construct US Expressway        5.625
                                   77/83 interchange,
                                   Harlingen.............
 303. Georgia                     Construct Harry S.            2.6625
                                   Truman Parkway........
 304. Maryland                    Upgrade I-95/I-495               3.6
                                   interchange at Ritchie
                                   Marlboro Rd., Prince
                                   Georges...............
 305. New York                    Construct CR-82 from           0.435
                                   Montauk Highway to
                                   Sunrise Highway in
                                   Suffolk County........
 306. Pennsylvania                PA 26 over Piney Creek           0.6
                                   2-bridges in Bedford
                                   County................
 307. Illinois                    Intersection                   1.305
                                   improvements at 79th
                                   and Stoney Island
                                   Blvd., Chicago........
 308. New York                    Construct CR-85 from           0.675
                                   Foster Avenue to CR97
                                   in Suffolk County.....
 309. New York                    Construct Phase II of              2
                                   the City of Mount
                                   Vernon's New Haven
                                   Railroad Redevelopment
                                   project...............
 310. Alabama                     Construct improvements          0.75
                                   to 41st Street between
                                   1st Ave. South and
                                   Airport Highway,
                                   Birmingham............
 311. Alaska                      Improve roads in              1.7625
                                   Kotzebue..............
 312. Pennsylvania                Conduct preliminary              1.5
                                   engineering on the
                                   relocation of exits 4
                                   and 5 on I-83 in York
                                   County................
 313. North Carolina              Construct I-540 from            9.75
                                   east of NC Rt. 50 to
                                   east of US Rt. 1 in
                                   Wake Co...............
 314. Alabama                     Construct enhancements           0.6
                                   along 12th Street
                                   between State Highway
                                   11 and Baptist
                                   Princeton Hospital,
                                   Birmingham............
 315. Pennsylvania                Conduct highway                    1
                                   research, Drexel
                                   University............
 316. Illinois                    Improve IL-113 in               5.55
                                   Kankakee..............
 317. Texas                       Upgrade JFK Causeway,           2.25
                                   Corpus Christi........
 318. Pennsylvania                Construct Philadelphia             6
                                   Intermodal Gateway
                                   Project at 30th St.
                                   Station...............
 319. Wisconsin                   Construct STH-26/US-41          2.25
                                   Interchange in Oshkosh
 320. California                  Improve and widen                2.7
                                   Forest Hill Road in
                                   Placer County.........
 321. Florida                     ITS improvements on US-          1.5
                                   19 in Pasco County....
 322. Nebraska                    Conduct corridor study        0.4125
                                   from Wayne to
                                   Vermillion-Newcastle
                                   bridge................
 323. Oregon                      Construct right-of-way             1
                                   improvements to
                                   provide improved
                                   pedestrian access to
                                   MAX light rail,
                                   Gresham...............
 324. Virginia                    Repair historic wooden          0.75
                                   bridges along portion
                                   of Virginia Creeper
                                   Trail maintained by
                                   Town of Abingdon......
 325. Oregon                      Reconstruct Lovejoy                5
                                   ramp, Portland........
 326. Washington                  Widen SR-99 between              2.7
                                   148th Street and King
                                   County Line in
                                   Lynnwood..............
 327. Minnesota                   Construct Trunk Highway        6.075
                                   169 Causeway, Itasca
                                   Co....................
 328. Louisiana                   Conduct a feasibility            1.5
                                   and design study of
                                   Louisiana Highway 30
                                   between Louisiana
                                   Highway 44 and I-10...
 329. Indiana                     Reconstruct US Rt. 231           0.6
                                   between junction of
                                   State Road 66 to
                                   Dubois Co. line.......
 330. Massachusetts               Construct Greenfield-          0.675
                                   Montague Bikeways,
                                   Franklin Co...........
 331. California                  Improve highway access         0.275
                                   to Humboldt Bay and
                                   Harbor Port...........
 332. Virginia                    Construct road                  0.25
                                   improvement, trailhead
                                   development and
                                   related facilities for
                                   Haysi to Breaks
                                   Interstate Bicycle and
                                   Pedestrain Trail
                                   between Haysi and
                                   Garden Hole area of
                                   Breaks Interstate Park
 333. Pennsylvania                Replace Grant Street             1.8
                                   Bridge, New Castle....
 334. North Dakota                Upgrade U.S. Route 52            1.8
                                   between Donnybrook and
                                   US Route 2............
 335. Florida                     Construct Wonderwood          27.725
                                   Connector from Mayport
                                   to Arlington, Duval
                                   County, Florida.......
 336. California                  Construct pedestrian           0.375
                                   boardwalk between
                                   terminus of Pismo
                                   Promenade at Pismo
                                   Creek and Grande
                                   Avenue in Gover Beach.
 337. Pennsylvania                Construct PA-283 North        1.8375
                                   Union Street ramps in
                                   Dauhpin County........
 338. New Jersey                  Upgrade Garden State            22.5
                                   Parkway Exit 142......
 339. Minnesota                   Extend County State              0.6
                                   Highway 61 extension
                                   into Two Harbors......
 340. Minnesota                   Reconstruct and replace         9.75
                                   I-494 Wakota Bridge
                                   from South St. Paul to
                                   Newport, and
                                   approaches............
 341. Texas                       Reconstruct and widen I-           6
                                   35 between North of
                                   Georgetown at Loop 418
                                   to US Rt. 190.........
 342. Georgia                     Undertake major                11.55
                                   arterial enhancements
                                   in DeKalb Co. with the
                                   amount provided as
                                   follows: $5,250,000
                                   for Candler Rd.,
                                   $5,625,000 for
                                   Memorial Drive and
                                   $675,000 for Bufford
                                   Highway...............
 343. Illinois                    Consolidate rail tracks        1.125
                                   and eliminate grade
                                   crossings as part of
                                   Gateway Intermodal
                                   Terminal access
                                   project...............
 344. Ohio                        Replace I-280 bridge              18
                                   over Maumee River,
                                   Toledo area...........
 345. Pennsylvania                Eliminate 16 at-grade              8
                                   rail crossings through
                                   Erie..................
 346. Arkansas                    Construct Geyer Springs         0.75
                                   RR grade separation,
                                   Little Rock...........
 347. Wisconsin                   Construct Chippewa               4.5
                                   Falls Bypass..........
 348. Kentucky                    Correct rock hazard on       0.02625
                                   US127 in Russell
                                   County................
 349. Kentucky                    Widen US-27 from                22.5
                                   Norwood to Eubank.....
 350. Virginia                    Conduct Williamsburg           0.325
                                   2007 transportation
                                   study.................
 351. Virginia                    Construct I-95/State          3.8375
                                   Route 627 interchange
                                   in Stafford County....
 352. Tennessee                   Construct Foothills            8.625
                                   Parkway from Walland
                                   to Weans Valley.......
 353. Oregon                      Upgrade Murray Blvd.            3.75
                                   inlcuding overpass
                                   bridge, Millikan to
                                   Terman................
 354. California                  Construct San Francisco        9.375
                                   Regional Intermodal
                                   Terminal..............
 355. New Hampshire               Construct the Broad           12.511
                                   Street Parkway in
                                   Nashua................
 356. New Hampshire               Construct Conway bypass        5.325
                                   from Madison to
                                   Bartlett..............
 357. California                  Seismic retrofit of             0.75
                                   Golden Gate Bridge....
 358. Pennsylvania                Realign Route 501 in             1.2
                                   Lebanon County........
 359. Maryland                    Upgrade US 29                      9
                                   interchange with
                                   Randolph Road,
                                   Montgomery Co.........
 360. Utah                        Construct I-15                     6
                                   interchange at
                                   Atkinville............
 361. Illinois                    Resurface Cicero Ave.         0.4575
                                   between 127th St. and
                                   143rd St., Chicago....
 362. Pennsylvania                Improve Lewistown                 40
                                   Narrows US 322 in
                                   Mifflin and Juniata
                                   County................
 363. Florida                     Enhance access to                0.9
                                   Gateway Marketplace
                                   through improvements
                                   to access roads,
                                   Jacksonville..........
 364. Indiana                     Upgrade 14 warning              1.05
                                   devices on east/west
                                   rail line from Gary to
                                   Auburn................
 365. Tennessee                   Construct I-40/SR 155            4.2
                                   interchange, Davidson.
 366. Tennessee                   Construct Crosstown              3.2
                                   Greenway/Bikeway,
                                   Springfield...........
 367. Maine                       Studies and planning               3
                                   for reconstruction of
                                   East-West Highway.....
 368. Florida                     Construct Port of Palm         15.75
                                   Beach road access
                                   improvements, Palm
                                   Beach County, Florida.
 369. New Jersey                  Reconstruct Essex              1.875
                                   Street Bridge, Bergen
                                   Co....................
 370. Missouri                    Relocate and                      30
                                   reconstruct Route 21
                                   between Schenk Rd. to
                                   Town of DeSoto........
 371. New York                    Improve Route 31 from         8.8125
                                   Baldwinsville to
                                   County Route 57.......
 372. Virginia                    Upgrade Rt. 600 to                 5
                                   facilitate access
                                   between I-81 and Mount
                                   Rogers National
                                   Recreation Area.......
 373. California                  Construct I-380                  2.1
                                   connector between
                                   Sneath Lane and San
                                   Bruno Ave., San Bruno.
 374. Florida                     Construct South                 6.75
                                   Connector Road and
                                   Airport Road
                                   interchange in
                                   Jacksonville, Florida.
 375. Pennsylvania                Resurface current 219          4.875
                                   bypass at Bradford....
 376. Kentucky                    Construct Route 259-101         0.75
                                   from Brownsville to I-
                                   65....................
 377. California                  Construct interchanges          2.25
                                   for I-10 in Coachella
                                   Valley, Riverside
                                   County................
 378. New Mexico                  Improve 84/285 between           4.5
                                   Espanola and Hernandez
 379. Pennsylvania                Upgrade 2 sections of          1.125
                                   US-6 in Tioga County..
 380. Wisconsin                   Improve Janesville                 3
                                   transportation........
 381. Arkansas                    Construct Baseline Road         3.75
                                   RR grade separation,
                                   Little Rock...........

[[Page H3836]]

 
 382. Virginia                    Replace Shore Drive                3
                                   Bridge over Petty
                                   Lake, Norfolk.........
 383. Arizona                     Replace US-93 Hoover              10
                                   Dam Bridge............
 384. Michigan                    Operational                      0.5
                                   improvements on M-24
                                   from I-75 to the
                                   northern Oakland Co.
                                   border................
 385. Illinois                    Reconstruct US-30, Will         6.75
                                   County................
 386. Minnesota                   Construct Trunk Highway           12
                                   610/10 from Trunk
                                   Highway 169 in
                                   Brooklyn Park to I-94
                                   in Maple Grove........
 387. Illinois                    Extend and reconstruct        4.2675
                                   roadways through
                                   industrial corridor in
                                   Alton.................
 388. Pennsylvania                Rehabilitate Jefferson         1.275
                                   Heights Bridge, Penn
                                   Hills.................
 389. Ohio                        Construct Eastern US            3.75
                                   Rt. 23 bypass of
                                   Portsmouth............
 390. Washington                  Construct State Route 7         0.45
                                   - Elbe rest area and
                                   interpretive facility
                                   in Pierce County, WA..
 391. Michigan                    Undertake capital                7.5
                                   improvements to
                                   facilitate traffic
                                   between Lansing and
                                   Detroit...............
 392. New Mexico                  Reconstruct US-84/US-           13.5
                                   285 from Santa Fe to
                                   Espanola..............
 393. Connecticut                 Reconstruct Post Office/       1.125
                                   Town Farm Road in
                                   Enfield, Connecticut..
 394. Connecticut                 Improve pedestrian and          3.39
                                   bicycle connections
                                   between Union Station
                                   and downtown New
                                   London................
 395. Pennsylvania                Construct access to              1.2
                                   Tioga Marine Terminal,
                                   Ports of Philadelphia
                                   and Camden............
 396. Virginia                    Downtown Staunton                0.5
                                   Streetscape Plan -
                                   Phase I in Staunton...
 397. Illinois                    Construct Marion Street          1.5
                                   multi-modal project in
                                   Village of Oak Park...
 398. California                  Improve and construct I-        2.35
                                   80 reliever route
                                   project; Walters Road
                                   and Walters Road
                                   Extension Segments....
 399. Texas                       Upgrade State Highway           3.75
                                   24 from Commerce to
                                   State Highway 19 north
                                   of Cooper.............
 400. Maryland                    Construct pedestrian            1.35
                                   and bicycle path
                                   between Druid Hill
                                   Park and Penn Station,
                                   Baltimore.............
 401. California                  Upgrade SR 92/El Camino        2.775
                                   interchange, San Mateo
 402. Illinois                    Improve Sugar Grove            1.875
                                   US30..................
 403. Illinois                    Construct Sullivan Road          7.5
                                   Bridge over the Fox
                                   River.................
 404. Massachusetts               Construct Packets               0.75
                                   Landing Enhancement
                                   and Restoration
                                   Project, Town of
                                   Yarmouth..............
 405. Michigan                    Upgrade I-94 between M-            6
                                   39 and I-96...........
 406. Pennsylvania                Upgrade PA Route 21,               5
                                   Fayette and Greene
                                   Counties..............
 407. Indiana                     Construct Gary Marina            7.5
                                   access road
                                   (Buffington Harbor)...
 408. Massachusetts               Replace deck of Chain          0.759
                                   Bridge over Merrimack
                                   River.................
 409. New Mexico                  Improve US-70 southwest            9
                                   of Portales...........
 410. California                  Construct grade                 6.65
                                   separation project at
                                   Redondo Junction,
                                   located in the North
                                   end of an Intermodal
                                   corridor of economic
                                   significance, as
                                   defined by California
                                   Streets and Highways
                                   Code, Division 3,
                                   Chapter 4.7
                                   (commencing with the
                                   Section 2190), Los
                                   Angeles...............
 411. Arkansas                    Widen West Phoenix                 6
                                   Avenue and related
                                   improvements in Fort
                                   Smith, Arkansas.......
 412. Minnesota                   Upgrade Cross-Range              4.5
                                   Expressway between
                                   Coleraine to CSAH 7...
 413. California                  Upgrade CA Rt. 2                  12
                                   Southern Freeway
                                   terminus and
                                   transportation
                                   efficiency
                                   improvements to
                                   Glendale Boulevard in
                                   Los Angeles...........
 414. Massachusetts               Environmental studies,           1.5
                                   preliminary
                                   engineering and design
                                   of North-South
                                   Connector in
                                   Pittsfield to improve
                                   access to I-90........
 415. Pennsylvania                Construct streetscape          0.072
                                   project in the Borough
                                   of Ambler, Montgomery
                                   County, PA............
 416. Pennsylvania                Construct improvements             2
                                   to the Park Road
                                   extension connecting
                                   U.S. 222 and U.S. 422,
                                   Spring Township.......
 417. New York                    FJ&G Rail/Trail Project        0.525
                                   in Fulton County......
 418. New Jersey                  Upgrade Baldwin Ave.               2
                                   intersection to
                                   facilitate access to
                                   waterfront and ferry,
                                   Weehawken.............
 419. Kansas                      Widen US-54 from                   6
                                   Liberal, Kansas
                                   southwest to Oklahoma.
 420. Washington                  Improve Hillsboro             2.6625
                                   Street/Highway 395
                                   intersection in Pasco.
 421. Texas                       Construct ramp                    11
                                   connection between
                                   Hammet St. to Highway
                                   54 ramp to provide
                                   access to I-10 in El
                                   Paso..................
 422. Ohio                        Relocate State Route 60          1.5
                                   from Zanesville to
                                   Dresden, Muskingum
                                   County................
 423. Alabama                     Construct the                10.2375
                                   Montgomery Outer Loop
                                   from US-80 to I-85 via
                                   I-65..................
 424. Oklahoma                    Reconstruct US-99/SH377          4.7
                                   from Prague to Stroud
                                   in Lincoln County.....
 425. Louisiana                   Extend Louisiana                   6
                                   Highway 42 between US-
                                   61 and I-10 in
                                   Ascension Parish......
 426. Louisiana                   Conduct feasibility             3.75
                                   study, design and
                                   construction of
                                   connector between
                                   Louisiana Highway 16
                                   to I-12 in Livingston
                                   Parish................
 427. California                  Construct capital               2.25
                                   improvements along I-
                                   680 corridor..........
 428. Texas                       Relocation of Indiana            7.2
                                   Avenue between 19th
                                   street to North Loop
                                   289 and Quaker Avenue
                                   intersection..........
 429. Massachusetts               Renovate Union Station           6.5
                                   Intermodal
                                   Transportation Center
                                   in Worcester..........
 430. Texas                       Construct Manchester              12
                                   grade separations in
                                   Houston...............
 431. Texas                       Construct Titus County         1.875
                                   West Loop, Mount
                                   Pleasant..............
 432. New York                    Construct County Road           1.36
                                   50 in the vicinity of
                                   Windsor Avenue........
 433. California                  Construct parking lot,             1
                                   pedestrian bridge and
                                   related improvements
                                   to improve intermodal
                                   transportation in
                                   Yorba Linda...........
 434. North Carolina              Widen North Carolina            2.25
                                   Route 24 from
                                   Swansboro to US-70 in
                                   Onslow and Carteret
                                   Counties..............
 435. Minnesota                   Construct Mankato South         5.25
                                   Route in Mankato......
 436. Kentucky and Indiana        Ohio River Major                  40
                                   Investment Study
                                   Project, Kentucky and
                                   Indiana...............
 437. California                  Implement traffic              0.375
                                   management
                                   improvements, Grover
                                   Beach.................
 438. Louisiana                   Extend I-49 from I-220           3.3
                                   to Arkansas State line
 439. Indiana                     Construct East 79th                3
                                   from Sunnyside Road to
                                   Oaklandon Road in
                                   Lawrence..............
 440. Alabama                     Construct Decatur                  2
                                   Southern Bypass.......
 441. California                  Construct tunnel with              6
                                   approaches as part of
                                   Devils Slide project
                                   in San Mateo Co.......
 442. Ohio                        Improve State Route 800          0.5
                                   in Monroe County......
 443. Kentucky                    Reconstruct KY-210 from            6
                                   Hodgenville to Morning
                                   Star Road, Larue
                                   County................
 444. New York                    Construct Route 17-              3.6
                                   Lowman Crossover in
                                   Ashland...............
 445. Illinois                    Improve roads in the            0.81
                                   Peoria Park District..
 446. Massachusetts               Reconstruct North               0.75
                                   Street, Fitchburg.....
 447. Massachusetts               Reconstruct Huntington             3
                                   Ave. in Boston........
 448. California                  Undertake safety                 2.1
                                   enhancements along
                                   Monterey County
                                   Railroad highway
                                   grade, Monerey Co.....
 449. Michigan                    Construct Bridge Street         3.15
                                   bridge project in
                                   Southfield............
 450. Texas                       Construct Concord Road         7.375
                                   Widening project,
                                   Beaumont..............
 451. Oregon                      Restore the Historic               2
                                   Columbia River Highway
                                   including construction
                                   of a pedestrian and
                                   bicycle path under I-
                                   84 at Tanner Creek and
                                   restoration of the
                                   Tanner Creek and
                                   Moffett Creek bridges.
 452. Ohio                        Upgrade I-77/US-250/SR-            1
                                   39 interchange in
                                   Tuscarawas County.....
 453. California                  Construct Palisades                6
                                   Bluff Stabilization
                                   project, Santa Monica.
 454. New York                    Improve the Route 31/I-      1.85475
                                   81 Bridge in Watertown
 455. Washington                  Improve I-5/196th               4.05
                                   Street, Southwest
                                   Freeway interchange in
                                   Lynnwood, Washington..
 456. Louisiana                   Construct the Southern         4.125
                                   extension of I-49 from
                                   Lafayette to the
                                   Westbank Expressway...
 457. Kansas                      Construct Phase II                 9
                                   improvements to US-59
                                   from US-56 to Ottawa..
 458. Tennessee                   Construct US-27 from           4.125
                                   State Road 61 to
                                   Morgan County line....
 459. Maryland                    Undertake                     10.975
                                   transportation
                                   infrastructure
                                   improvements within
                                   Baltimore Empowerment
                                   Zone..................
 460. Kentucky                    Construct Kentucky 31E          0.75
                                   from Bardstowns to
                                   Salt River............
 461. Georgia                     Construct multi-modal             12
                                   passenger terminal,
                                   Atlanta...............
 462. Kentucky                    Construct connection            2.25
                                   between Natcher Bridge
                                   and KY-60 east of
                                   Owensboro.............
 463. Minnesota                   Reconstruct CSAH 48             0.24
                                   extension, Brainerd/
                                   Baxter................
 464. Kentucky                    Complete I-65 upgrade           3.75
                                   from Elizabethtown to
                                   Tennessee State line..
 465. California                  Construct the South             19.5
                                   Central Los Angeles
                                   Exposition Park
                                   Intermodal Urban
                                   Access Project in Los
                                   Angeles...............
 466. Pennsylvania                Construct US-30 at PA-           4.5
                                   772 and PA-41.........
 467. Ohio                        Upgrade 1 warning              0.075
                                   device on the rail
                                   line from Marion to
                                   Ridgeway..............
 468. Kentucky                    Construct necessary            7.125
                                   connections for the
                                   Taylor Southgate
                                   Bridge in Newport and
                                   the Clay Wade Bailey
                                   Bridge in Covington...
 469. Maine                       Replace Singing Bridge          0.75
                                   across Taunton Bay....
 470. California                  Upgrade Price Canyon           0.825
                                   Road including
                                   construction of
                                   bikeway between San
                                   Luis Obispo and Pismo
                                   Beach.................
 471. Illinois                    Extend South 74th              0.375
                                   Street, Belleville....
 472. New Hampshire               Reconstruct US-3               1.786
                                   Carroll town line 2.1
                                   miles north...........
 473. Minnesota                   Upgrade 77th St.                17.1
                                   between I-35W and 24th
                                   Ave. to four lanes in
                                   Richfield.............
 474. New Jersey                  Relocate and complete             12
                                   construction of new
                                   multi-modal facility,
                                   Weehawken.............
 475. New Jersey                  Construct Route 4/17           6.375
                                   interchange in Paramus
 476. Louisiana                   Expand Perkins Road in          6.15
                                   Baton Rouge...........
 477. New Jersey                  Revitalize Route 130               3
                                   from Cinnaminson to
                                   Willingboro...........
 478. Arkansas                    Construct Highway 371          2.375
                                   from Magnolia to
                                   Prescott..............
 479. Mississippi                 Upgrade Alva-Stage Rd.,        1.125
                                   Montgomery Co.........
 480. California                  Construct pedestrian            0.15
                                   promenade, Pismo Beach
 481. California                  Construct railroad at-         0.375
                                   grade crossings, San
                                   Leandro...............
 482. Ohio                        Construct highway-rail         6.205
                                   grade separations on
                                   Heisley Road between
                                   Hendricks Road and
                                   Jackson Street in
                                   Mentor................
 483. Illinois                    Design and construct US-          10
                                   67 corridor from
                                   Jacksonville to
                                   Beardstown............
 484. California                  Construct VC Campus               11
                                   Parkway Loop System in
                                   Merced................
 485. Texas                       Construct highway-rail-         8.25
                                   marine intermodal
                                   project, Corpus
                                   Christi...............
 486. Pennsylvania                Construct US-322               18.75
                                   Conchester Highway
                                   between US-1 and PA-
                                   452...................
 487. Pennsylvania                Construct Rt. 819/Rt.            6.9
                                   119 interchange
                                   between Mt. Pleasant
                                   and Scottdale.........
 488. Illinois                    Upgrade Western Ave.,         0.0945
                                   Park Forest...........
 489. Oregon                      Relocate and rebuild             1.2
                                   intersection of
                                   Highway 101 and
                                   Highway 105, Clatsop
                                   Co....................
 490. Ohio                        Upgrade Western Reserve          2.4
                                   Road, Mahoning Co.....

[[Page H3837]]

 
 491. California                  Construct Nogales                6.5
                                   Street at Railroad
                                   Street grade
                                   separation in Los
                                   Angeles County,
                                   California............
 492. Nebraska                    Construct South Beltway        4.125
                                   in Lincoln............
 493. Michigan                    Acquire right-of-way           18.72
                                   and construct M-6
                                   Grand Rapids South
                                   Beltline in Grand
                                   Rapids, Michigan......
 494. New York                    Replace Route 92                   3
                                   Limestone Creek Bridge
                                   in Manlius............
 495. Pennsylvania                Extend Martin Luther             4.5
                                   King, Jr. East Busway
                                   to link with Mon-
                                   Fayette Expressway....
 496. New York                    Construct Furrows Road           1.2
                                   from Patchogue/
                                   Holbrook Road to
                                   Waverly Avenue in
                                   Islip.................
 497. New Jersey                  Construct East Windsor          0.27
                                   Bear Brook pathway
                                   system................
 498. Texas                       Widen State Highway 6           9.15
                                   from FM521 to Brazoria
                                   County line and
                                   construct railroad
                                   overpass..............
 499. California                  Construct I-10/Pepper            6.6
                                   Ave. Interchange......
 500. New York                    Construct access road           2.25
                                   and entranceway
                                   improvments to airport
                                   in Niagara Falls......
 501. Minnesota                   Replace Sauk Rapids            7.725
                                   Bridge over
                                   Mississippi River,
                                   Stearns and Benton
                                   Counties..............
 502. North Carolina              Upgrade I-85,                   19.5
                                   Mecklenburg and
                                   Cabarrus Counties.....
 503. Oklahoma                    Reconstruct County Road       0.1875
                                   237 from Indiahoma to
                                   Wichita Mountains
                                   Wildlife Refuge.......
 504. Illinois                    Construct Towanda-              5.82
                                   Barnes Road in Mclean
                                   County................
 505. Pennsylvania                Widen and signalize             3.87
                                   Sumneytown Pike and
                                   Forty Foot Road in
                                   Montgomery County,
                                   Pennsylvania..........
 506. Rhode Island                Construct Rhode Island          5.85
                                   Greenways and Bikeways
                                   projects with the
                                   amount provided
                                   $4,275,000 for the
                                   Washington Secondary
                                   Bikepath, and
                                   $1,575,000 for the
                                   South County Bikepath
                                   Phase 2...............
 507. Mississippi                 Widen US-61 from              0.6875
                                   Louisiana State line
                                   to Adams County.......
 508. Georgia                     Conduct a study of a             1.8
                                   mutimodal
                                   transportation
                                   corridor from
                                   Lawrenceville to
                                   Marietta..............
 509. Missouri                    Construct Jefferson             8.25
                                   Ave. viaduct over Mill
                                   Creek Valley in St.
                                   Louis.................
 510. New York                    Conduct extended needs             3
                                   study for the Tappan
                                   Zee Bridge............
 511. Pennsylvania                Improve Park Avenue/PA          0.45
                                   36 in Blair County....
 512. Texas                       Construct the George             7.5
                                   H.W. Bush Presidential
                                   Corridor from Bryan to
                                   east to I-45..........
 513. New Mexico                  Improve Uptown in              1.025
                                   Bernalillo County.....
 514. Arkansas                    Upgrade U.S. 65 in                 3
                                   Faulkner and Van Buren
                                   Counties..............
 515. South Carolina              Construct high priority          5.5
                                   surface transportation
                                   projects eligible for
                                   Federal-aid highway
                                   funds.................
 516. Mississippi                 Construct Lincoln Road         1.125
                                   extension, Lamar Co...
 517. Alaska                      Construct Pt. Mackenzie         6.75
                                   Intermodal Facility...
 518. Florida                     Purchase and install I-         0.75
                                   275 traffic management
                                   system in Pinellas
                                   County, Florida.......
 519. Illinois                    Construct US Route 67          8.775
                                   bypass project around
                                   Roseville.............
 520. Massachusetts               Upgrade I-495                  10.86
                                   interchange 17 and
                                   related improvements
                                   inlcuding along Route
                                   140...................
 521. Mississippi                 Construct segment 2 and       0.6875
                                   3 of the Bryam-Clinton
                                   Corridor in Hinds
                                   County................
 522. New Jersey                  Rehabilitate East                2.7
                                   Ridgewood Avenue over
                                   Roue 17 in Bergan
                                   County................
 523. Michigan                    Construct interchange              3
                                   at US-10/Bay City Road
                                   in Midland............
 524. North Carolina              Construct US Route 17,         3.375
                                   Elizabeth City Bypass.
 525. Virginia                    Smart Road connecting          1.025
                                   Blacksburg, VA, to I-
                                   81....................
 526. Oregon                      Construct passing lanes          4.5
                                   on Highway 58 between
                                   Kitson Ridge Road and
                                   Mile Post 47, Lane Co.
 527. Kansas                      Construct grade                 3.15
                                   separations on US36
                                   and US77 in
                                   Marysville, Kansas....
 528. Virginia                    Upgrade Route 501 in            0.75
                                   the counties of
                                   Bedford, Halifax, and
                                   Campbell..............
 529. Pennsylvania                Construct Robinson Town        2.025
                                   Centre intermodal
                                   facility..............
 530. Nevada                      Construct the US-395            3.75
                                   Carson City Bypass....
 531. Indiana                     Feasibility study of            0.45
                                   State Road 37
                                   improvements in
                                   Noblesville, Elwood
                                   and Marion............
 532. Pennsylvania                Construct Newton                 1.5
                                   Hamilton SR 3021 over
                                   Juniata River in
                                   Mifflin County........
 533. Pennsylvania                Reconstruct PA-309 in         15.588
                                   Eastern Montgomery
                                   with $4,000,000 for
                                   noise abatement.......
 534. Alabama                     Upgrade Opoto-Madrid            1.05
                                   Blvd., Birmingham.....
 535. Virginia                    Conduct feasibility              0.5
                                   study for the
                                   construction I-66 from
                                   Lynchburg to the West
                                   Virginia border.......
 536. California                  Rehabilitate pavement          1.125
                                   throughout Santa
                                   Barbara Co............
 537. Illinois                    Design and construct I-      4.12525
                                   72/MacArthur Boulevard
                                   interchange in
                                   Springfield...........
 538. Illinois                    Improve Constitution          2.6625
                                   Avenue in Peoria......
 539. Michigan                    Upgrade East Jordon              0.3
                                   Road, Boyne City......
 540. Georgia                     Construct noise                  1.5
                                   barriers along GA-400.
 541. Florida                     Construct North East             1.2
                                   Dade Bike Path in
                                   North Miami Beach,
                                   Florida...............
 542. Connecticut                 Realign and extend Hart            3
                                   Street in New Britain.
 543. Oregon                      Construct roundabout at          0.3
                                   intersection of
                                   Highway 101 and
                                   Highway 202, Clatsop
                                   Co....................
 544. New York                    Replace Route 28 bridge          2.4
                                   over NY State Thruway,
                                   Ulster Co.............
 545. California                  Extend State Route 7 in            6
                                   Imperial County.......
 546. Texas                       Construct FM2234(McHard          4.8
                                   Road) from SH-35 to
                                   Beltway 8 at Monroe
                                   Boulevard.............
 547. Dist. of Col.               Enhance recreational         0.04775
                                   facilities along Rock
                                   Creek Parkway.........
 548. California                  Construct SR-78/Rancho          3.75
                                   Del Oro interchange in
                                   Oceanside.............
 549. Michigan                    Upgrade M.L. King                  1
                                   Drive. Genesee Co.....
 550. California                  Reconstruct Grand              0.375
                                   Avenue between Elm
                                   Street and Halcyon
                                   Road, Arroyo Grande...
 551. Pennsylvania                Improve PA-41 between              5
                                   Delaware State line
                                   and PA-926............
 552. California                  Construct Los Angeles            6.6
                                   County Gateway Cities
                                   NHS Access............
 553. Michigan                    Upgrade H-58 within              4.2
                                   Pictured Rocks
                                   National Lakeshore....
 554. Dist. of Col.               Rehabilitate Theodore            7.5
                                   Roosevelt Memorial
                                   Bridge................
 555. Ohio                        Undertake improvements          2.08
                                   to open Federal Street
                                   to traffic, Youngstown
 556. Pennsylvania                Improve PA 16 including            1
                                   intersection with
                                   Antrim Church Road....
 557. Ohio                        Construct State Route            2.2
                                   209 from Cambridge and
                                   Byesville to the
                                   Guernsey County
                                   Industrial Park.......
 558. California                  Construct Port of                  6
                                   Oakland intermodal
                                   terminal..............
 559. New York                    Construct Wellwood               1.2
                                   Avenue from Freemont
                                   Street to Montauk
                                   Highway in Lindenhurst
 560. Louisiana                   Construct Louisiana           0.5625
                                   Highway 1 from the
                                   Gulf of Mexico to US-
                                   90....................
 561. Mississippi                 Refurbish Satartia             0.375
                                   Bridge, Yazoo City....
 562. North Carolina              Construct bridge over           1.35
                                   Chockoyotte Creek in
                                   Halifex Co............
 563. Pennsylvania                Widen PA-413 in Bucks          5.625
                                   County................
 564. North Carolina              Construct US-13 from           2.625
                                   the Wilson the US-264
                                   Bypass to Goldsboro in
                                   Wayne and Wilson
                                   Counties..............
 565. Pennsylvania                Construct Erie Eastside         16.2
                                   Connector.............
 566. California                  Construct Prunedale             1.65
                                   Bypass segment of U.S.
                                   101, Monerey Co.......
 567. New York                    Construct access road           0.24
                                   from Lake Avenue to
                                   Milestrip Road in
                                   Blasdell..............
 568. California                  Construct State Route             16
                                   905 between I-805 and
                                   the Otay Mesa Border
                                   Crossing, San Diego
                                   Co....................
 569. Mississippi                 Build an interchange at         2.25
                                   I-55 with connectors
                                   to Madison and
                                   Ridgeland.............
 570. Minnesota                   Trunk Highway 53 DWP             3.6
                                   railroad bridge
                                   replacement, St. Louis
                                   Co....................
 571. Texas                       Construct US 77/83              2.25
                                   Expressway extension,
                                   Brownsville...........
 572. New York                    Upgrade and relocate              14
                                   Utica-Rome Expressway
                                   in Oneida County, New
                                   York..................
 573. Pennsylvania                West Philadelphia              0.369
                                   congestion mitigation
                                   initiative............
 574. Utah                        Construct Phase II of            7.5
                                   the University Avenue
                                   Interchange in Provo..
 575. California                  Upgrade Osgood Road              1.5
                                   between Washington
                                   Blvd. and South
                                   Grimmer Blvd.,
                                   Freemont..............
 576. Missouri                    Bull Shoals Lake Ferry       0.52275
                                   in Taney County,
                                   Missouri..............
 577. Alaska                      Construct capital               2.25
                                   improvements to the
                                   Alaska Marine Highway
                                   and related facilities
                                   in Ketchikan..........
 578. Maine                       Improve Route 23.......        0.375
 579. Tennessee                   Construct U.S. 45                1.5
                                   bypass, Madison Co....
 580. New York                    Construct pedestrian            0.25
                                   access bridge from
                                   Utica Union Station...
 581. Michigan                    Upgrade Groveland Mine         0.375
                                   Road, Dickinson.......
 582. New York                    Reconstruct Route 9 in        2.5155
                                   Plattsburgh...........
 583. Mississippi                 Upgrade Goose Pond              0.15
                                   Subdivision Roads,
                                   Tallahatchie Co.......
 584. Michigan                    Construct US-131                2.25
                                   Cadillac Bypass
                                   project...............
 585. Pennsylvania                Construct Lawrenceville          7.5
                                   Industrial Access Road
 586. Massachusetts               Construct Housatonic-              3
                                   Hoosic bicycle network
 587. Connecticut                 Construct the US Rt. 7          3.75
                                   bypass project,
                                   Brookfield to New
                                   Milford town line.....
 588. New Jersey                  Construct road from the          2.5
                                   Military Ocean
                                   Terminal to the Port
                                   Jersey Pier, Bayonne..
 589. Oregon                      Repair Coos Bay rail             5.5
                                   bridge, Port of Coos
                                   Bay...................
 590. Minnesota                   Complete construction           3.75
                                   of Forest Highway 11,
                                   Lake Co...............
 591. Pennsylvania                Construct rail                    10
                                   mitigation and
                                   improvement projects
                                   from Philadelphia to
                                   New Jersey Line.......
 592. Louisiana                   Upgrade Lapalco Blvd.              6
                                   between Barataria
                                   Blvd. and US Hwy. 90,
                                   Jefferson Parish......
 593. Pennsylvania                Widen PA-228 from                0.9
                                   Criders Corners to
                                   State Route 3015......
 594. Pennsylvania                Improve PA-23 Corridor           2.5
                                   from US-30 Bypass
                                   between Lancaster
                                   County line and
                                   Morgantown............
 595. Pennsylvania                Widen SR-247 and SR-           8.175
                                   2008 between 84 and
                                   Lackawanna Valley
                                   Industrial Highway for
                                   the Moosic Mountain
                                   Business Park.........
 596. Massachusetts               Construct Nowottuck-               3
                                   Manhan Bike Trail
                                   connections,
                                   Easthampton, Amherst,
                                   Holyoke, Williamsburg
                                   and Northampton.......
 597. Texas                       Reconstruct bridges                4
                                   across the channel for
                                   the Port of Corpus
                                   Christi...............
 598. Minnesota                   Construct TH 1 east of          0.18
                                   Northome including
                                   bicycle/pedestrian
                                   trail.................
 599. Alabama                     Construct US-231/I-10         1.0125
                                   Freeway Connector from
                                   the Alabama border to
                                   Dothan................
 600. New York                    Construct CR-3 at               1.12
                                   Southern State Parkway
                                   overpass between Long
                                   Island Expressway and
                                   Colonial Springs......
 601. Massachusetts               Construct improvements            12
                                   along Route 18 to
                                   provide for access to
                                   waterfront and
                                   downtown areas, New
                                   Bedford...............

[[Page H3838]]

 
 602. Pennsylvania                Construct road                  3.75
                                   connector and bridge
                                   over Allegheny River
                                   to link New Kensington
                                   with Allegheny Valley
                                   Expressway............
 603. Michigan                    Replace Chalk Hills              0.3
                                   Bridge over Menominee
                                   River.................
 604. Utah                        Improve 5600 West               3.75
                                   Highway from 2100
                                   South to 4100 South in
                                   West Valley City......
 605. Pennsylvania                Construct Lackawanna           0.375
                                   River Heritage Trail
                                   in Lackawanna.........
 606. South Carolina              Widen and relocate SC-6            6
                                   in Lexington County...
 607. New York                    Construct sound                1.455
                                   barriers on both sides
                                   of Grand Central
                                   Parkway between 172nd
                                   Street to Chevy Chase
                                   Road..................
 608. Connecticut                 Improve Route 7 utility          5.4
                                   and landscaping in New
                                   Milford...............
 609. New York                    Conduct North Road             1.125
                                   Corridor study in
                                   Oswego County.........
 610. Arkansas                    Upgrade US Route 412,         2.6625
                                   Harrison to Mountain
                                   Home, Arkansas........
 611. New York                    Construct full access            4.5
                                   controlled expressway
                                   along NY Route 17 at
                                   Parkville, Sullivan
                                   Co....................
 612. Florida                     Construct Englewood              5.5
                                   Interstate connector
                                   from River Road to I-
                                   75 in Sarasota and
                                   Charlotte Counties....
 613. Minnesota                   Reconstruct St. Louis           0.45
                                   CSAH 9 (Wallace
                                   Avenue) in Duluth from
                                   Fourth Street to
                                   Woodland Avenue.......
 614. New Jersey                  Design, construct, and             3
                                   expand industrial
                                   Roads connecting
                                   Carteret with
                                   Woodbridge, and Route
                                   35 with Perth Amboy
                                   for increased truck
                                   traffic which will
                                   ease delays and
                                   traffic at Turnpike
                                   Exit 12 and Route 35
                                   underpass east........
 615. Virginia                    Construct the Kemper             1.5
                                   Street Station
                                   connector road in
                                   Lynchburg.............
 616. Iowa                        Improve IA-60 Corridor           6.6
                                   from LeMar to MN State
                                   line..................
 617. Michigan                    Operation improvements           0.5
                                   on M-15 from I-75
                                   north to the Genesee
                                   County line...........
 618. Virginia                    Upgrade Danville Bypass            3
                                   in Pittsylvania.......
 619. Nebraska                    Corridor study for             0.075
                                   Louisville South
                                   bypass from State
                                   Highway 66 to State
                                   Highway 50............
 620. Arkansas                    Study and construct Van        0.225
                                   Buren intermodal port
                                   facility in Van Buren,
                                   Arkansas..............
 621. Alabama                     Extend I-759 in Etowah          13.5
                                   County................
 622. North Carolina              Widen US-421 from North         3.55
                                   Carolina Route 194 to
                                   two miles East of US-
                                   221...................
 623. New York                    Reconstruct Ridge Road          0.16
                                   Bridge in Orange
                                   County................
 624. South Carolina              Construct North                    3
                                   Charleston Regional
                                   Intermodal Center.....
 625. Florida                     Upgrade U.S. 319                3.75
                                   between Four Points
                                   and Oak Ridge Road,
                                   Tallahasee............
 626. Ohio                        Complete safety/bicycle         0.03
                                   path in Madison
                                   Township..............
 627. Arkansas                    Conduct design study            3.75
                                   and acquire right of
                                   way on US-71 in the
                                   vicinity of Fort
                                   Chaffee, Fort Smith...
 628. Mississippi                 Construct East Metro           2.625
                                   Corridor in Rankin
                                   County, Mississippi...
 629. Wyoming                     Reconstruct Cheyenne             3.5
                                   Area Norris Viaduct...
 630. New York                    Design and construct            6.06
                                   Outer Harbor Bridge in
                                   Buffalo...............
 631. Pennsylvania                St. Thomas Signals Hade         0.15
                                   and Jack Rds US 30 in
                                   Franklin County.......
 632. Texas                       Upgrade State Highway           6.91
                                   35 Yoakum District in
                                   Matagorda and Buazovia
                                   Counties..............
 633. Minnesota                   Construct highway                  3
                                   construction between
                                   Highway 494 and Carver
                                   Co. Rd. 147...........
 634. Utah                        Widen 106th South from           4.5
                                   I-15 to Bangerter
                                   Highway in South
                                   Jordan................
 635. Florida                     Construct pedestrian           1.875
                                   overpass from the
                                   Florida National
                                   Scenic Trail over I-4.
 636. Illinois                    Extend Rogers Street to        1.425
                                   mitigate congestion,
                                   Waterloo..............
 637. New York                    Reconstruct and widen              4
                                   Route 78 from I-90 to
                                   Route 15..............
 638. Ohio                        Improve Alum Creek                 4
                                   Drive from I-270 to
                                   Frebis Avenue in
                                   Franklin County.......
 639. Louisiana                   Upgrade and widen I-10             8
                                   between Williams
                                   Boulevard and Tulane
                                   Avenue in Jefferson
                                   and Orleans Parishes..
 640. Michigan                    Improve I-94 in                 3.75
                                   Kalamazoo County......
 641. Pennsylvania                Improve PA-8 between             4.8
                                   Cherry Tree and Rynd
                                   Farm..................
 642. Washington                  Construct passenger             3.75
                                   ferry facility to
                                   serve Southworth,
                                   Seattle...............
 643. Pennsylvania                Realign West 38th                5.4
                                   Street from Shunpike
                                   Road to Myrtle Street
                                   in Erie County........
 644. Ohio                        Replace Jacobs Road                2
                                   Bridge, Mahoning Co...
 645. Massachusetts               Upgrade Lowell Street           1.08
                                   between Woburn Street
                                   and Route 38, Town of
                                   Wilmington............
 646. Oklahoma                    Improve Battiest-                1.6
                                   Pickens Road between
                                   Battiest and Pickens
                                   in McCurtain County...
 647. Indiana                     Improve State Road 31          0.375
                                   in Columbus...........
 648. Oregon                      Construct bike path              0.8
                                   along Willamette
                                   River, Corvallis......
 649. New York                    Reconstruct Flushing            3.75
                                   Avenue between
                                   Humboldt Street and
                                   Cypress Avenue........
 650. Missouri                    Construct bike/                  0.6
                                   pedestrian path
                                   between Delmar
                                   Metrolink Station and
                                   University City loop
                                   business district in
                                   St. Louis.............
 651. Wisconsin                   Construct U.S. Highway          22.5
                                   151 Fond du Lac Bypass
 652. Illinois                    Upgrade U.S. 45 between         10.2
                                   Eldorado and
                                   Harrisburg............
 653. Pennsylvania                Improve US 22/Canoe              1.5
                                   Creek Blair County....
 654. California                  Reconstruct and widen         2.4375
                                   Mission Road, Alhambra
 655. West Virginia               Construct safety                   1
                                   improvements on Route
                                   82 (Fayette Station
                                   Road), Fayette County.
 656. Ohio                        Widen and reconstruct              7
                                   State Route 82 from
                                   Lorain/Cuyahoga County
                                   line to I.R. 77.......
 657. Michigan                    Facilitate access              0.375
                                   between I-75 and Soo
                                   Locks through road
                                   reconstruction,
                                   bikepath construction
                                   and related
                                   improvements, Sault
                                   Ste. Marie............
 658. Kentucky                    Construct Savage-Cedar        0.2625
                                   Knob Bridge at Koger
                                   Creek.................
 659. New York                    Construct intermodal           6.438
                                   facility in New
                                   Rochelle, Westchester
                                   Co....................
 660. Virgin Islands              Upgrade West-East                  6
                                   corridor through
                                   Charlotte Amalie......
 661. Ohio                        Upgrade SR 800 rest             0.04
                                   stop in Monroe County.
 662. Michigan                    Improve the I-73              3.9375
                                   corridor in Jackson
                                   and Lenawee Counties..
 663. Nevada                      Widen I-50 between                 3
                                   Fallon and Fernley....
 664. California                  Improve and modify the          16.8
                                   Port of Hueneme
                                   Intermodal Corridor -
                                   Phase II in Ventura
                                   County................
 665. Louisiana                   Construct and equip              5.4
                                   Transportation
                                   Technology and
                                   Emergency Preparedness
                                   Center in Baton Rouge,
                                   Louisiana.............
 666. Michigan                    Rehabilitate Lincoln          0.1275
                                   St., Negaunee.........
 667. Missouri                    Construction US-67/                6
                                   Route 60 interchange
                                   in Popular Bluff,
                                   Missouri..............
 668. New York                    Upgrade Riverside Drive          1.5
                                   between 97th St. and
                                   Tiemann, New York City
 669. New York                    Capital improvements               3
                                   for the Red Hook Barge
                                   in NY/NJ for the Port
                                   Authority of NY/NJ....
 670. Maryland                    Upgrade US-113 north of           18
                                   US-50 to MD-589 in
                                   Worcester County,
                                   Maryland..............
 671. Rhode Island                Implement                       0.15
                                   transportation
                                   alternative relating
                                   to Court Street
                                   Bridge, Woonsocket....
 672. Pennsylvania                Construct Frazier               2.25
                                   Township interchange
                                   on SR-28 in Alleghany.
 673. California                  Rehabilitate Artesia               3
                                   Blvd..................
 674. Illinois                    Undertake access              2.8125
                                   improvements to U.S.
                                   Rt. 41, Chicago.......
 675. Colorado                    Construct Wadsworth             0.25
                                   Boulevard improvement
                                   project in Arvada.....
 676. Indiana                     Construct I-70/Six           14.9625
                                   Points interchange in
                                   Marion and Hendricks
                                   County................
 677. Alabama                     Construct repairs to            0.45
                                   viaducts connecting
                                   downtown and midtown
                                   areas, Birmingham.....
 678. Illinois                    Construct VFW Road/          3.69675
                                   Veteran's Drive from
                                   Townline Road to
                                   Broadway Road in
                                   Pekin, Illinois.......
 679. Pennsylvania                Design, engineer, ROW            1.5
                                   acquisition and
                                   construct the Wilkes-
                                   Barre/Scranton
                                   International Airport
                                   Access Road between
                                   Route 315 and Commerce
                                   Blvd..................
 680. Dist. of Col.               Construct bicycle and            8.5
                                   pedestrian walkway
                                   (Metropolitan Branch
                                   Trail), Union Station
                                   to Silver Spring......
 681. New Jersey                  Construct interchange            8.5
                                   improvements and
                                   flyover ramps at I-80W
                                   to Route 23N in
                                   Passaic Co............
 682. Washington                  Undertake SR 166 slide         4.875
                                   repair................
 683. Connecticut                 Reconstruct Broad                2.4
                                   Street in New Britain.
 684. Massachusetts               Reconstruct Route 126          3.525
                                   and replace bridge
                                   spanning Route 9, Town
                                   of Framingham.........
 685. New Mexico                  Extend Unser Boulevard          0.65
                                   in Albuquerque........
 686. Massachusetts               Implement Phase II of        0.29325
                                   unified signage
                                   system, Essex Co......
 687. New Hampshire               Construct Manchester           8.025
                                   Airport access road in
                                   Manchester............
 688. Pennsylvania                Improve US 22/PA 866             1.5
                                   Intersection in Blair
                                   County................
 689. California                  Improve Rancho Sante Fe         2.25
                                   Road in Carlsbad......
 690. New York                    Renovate State Route 9          3.84
                                   in Phillipstown.......
 691. Florida                     Construct Greater            1.00575
                                   Orlando Aviation
                                   Authority Consolidated
                                   Surface Access in
                                   Orlando...............
 692. Missouri                    Upgrade Route 169                  5
                                   between Smithville and
                                   north of I-435, Clay
                                   Co....................
 693. Virginia                    Rennovate Greater               3.75
                                   Richmond Transit
                                   transportation
                                   facility, Richmond....
 694. Texas                       Conduct feasability           0.1875
                                   study on upgrading SH
                                   16 in South Texas.....
 695. Florida                     Construct interchange          9.475
                                   at 21st Street to
                                   provide access to
                                   Talleyrand Marine
                                   Terminal..............
 696. Pennsylvania                Gettysburg                         3
                                   comprehensive road
                                   improvement study.....
 697. South Dakota                Construct Eastern             34.804
                                   Dakota expressways, to
                                   include construction
                                   of four lane highways
                                   for South Dakota
                                   Highway 37 between
                                   Huron and Mitchell;
                                   U.S. Highway 83
                                   between Pierre and I-
                                   90; and U.S. Highway
                                   12 between Aberdeen
                                   and I-29..............
 698. West Virginia               Construct Shawnee               3.75
                                   Parkway between
                                   junction with the I-73/
                                   74 Corridor and I-77..
 699. Texas                       Construct State Highway           25
                                   121 from I-30 to US-67
                                   in Cleburne...........
 700. Ohio                        Improve and construct              2
                                   SR-44/Jackson Street
                                   Interchange in
                                   Painesville...........
 701. California                  Construct four-lane             2.25
                                   highway facility
                                   (Hollister Bypass),
                                   San Benito Co.........
 702. Florida                     Construct I-4                   10.5
                                   reversible safety lane
                                   in Orlando............
 703. Ohio                        Relocate Harrison/                 2
                                   Belmont US 250........
 704. Illinois                    Widen 143rd Street in              4
                                   Orland Park...........
 705. Tennessee                   Implement middle                 9.5
                                   Tennessee alternative
                                   transportation system
                                   along the Stones River
                                   in Murfreesboro.......
 706. Florida                     Construct County Road              6
                                   470 Interchange with
                                   Florida Turnpike......
 707. California                  Implement safety and            0.65
                                   congestion mitigation
                                   improvements along
                                   Pacific Coast Highway,
                                   Malibu................
 708. Dist. of Col.               Conduct studies and             0.75
                                   related activities
                                   pertaining to proposed
                                   intermodal
                                   transportation Center,
                                   D.C...................
 709. New Jersey                  Construct Route 31             11.55
                                   Fleming Bypass in
                                   Hunterdon County, New
                                   Jersey................

[[Page H3839]]

 
 710. Massachusetts               Construct TeleCom               5.25
                                   Boulevard with access
                                   via Commercial Street
                                   and Corporation Way to
                                   the west of Malden
                                   River and with access
                                   via Santilli Highway
                                   to the east of the
                                   river in Everett,
                                   Medord and Malden.....
 711. Pennsylvania                Improve access to              1.125
                                   Raystown in Huntingdon
                                   County................
 712. Illinois                    Study upgrading                1.575
                                   Illinois 13/127
                                   between Murphysboro
                                   and Pinckneyville.....
 713. Michigan                    Widen Arch St.,                 0.06
                                   Negaunee..............
 714. Georgia                     Widen US-84 South from           2.4
                                   US-82 to the Ware
                                   County Line in
                                   Waycross and Ware
                                   Counties..............
 715. Michigan                    Improve drainage on 6th       0.1125
                                   Street in Menominee...
 716. Massachusetts               Replace Brightman               7.23
                                   Street bridge in Fall
                                   River.................
 717. Kentucky                    Construct Newton Pike              6
                                   Extension between West
                                   Main St. to South
                                   Limestone in Lexington
 718. South Carolina              Construct pedestrian             0.8
                                   walkway and safety
                                   improvements along SC
                                   277, Richland Co......
 719. Illinois                    Conduct Midwest                  0.3
                                   Regional intermodal
                                   facility feasibility
                                   study in Rochelle.....
 720. Pennsylvania                Reconfigure I-81 Exit 2        0.525
                                   Ramp in Franklin
                                   County................
 721. Virginia                    Planning and design for            1
                                   Coalfields Expressway,
                                   Buchanan, Dickenson
                                   and Wise Counties.....
 722. Virginia                    Construct the Lynchburg/         1.5
                                   Madison Heights bypass
                                   in Lynchburg..........
 723. Massachusetts               Construct Cambridge             2.25
                                   Roadways Improvement
                                   project, Cambridge....
 724. Connecticut                 Construct I-95                  19.5
                                   interchange, New Haven
 725. Pennsylvania                Conduct study and               0.45
                                   construct Ft.
                                   Washington
                                   transportation
                                   improvements, Upper
                                   Dublin, PA............
 726. Michigan                    Reconstruct I-75/M-57           10.5
                                   interchange...........
 727. Minnesota                   Construct railroad              0.15
                                   crossing connecting
                                   University of MN with
                                   City of Crookston.....
 728. Massachusetts               Construct bicyle and            1.08
                                   pedestrian facility
                                   (The Riverwalk),
                                   Peabody...............
 729. Pennsylvania                Upgrade PA 61 between              5
                                   PA 895 and SR 2014,
                                   Schuylkill Co.........
 730. Tennessee                   Construct SR22 Bypass,           7.5
                                   Obion Co..............
 731. California                  Improve streets and             1.25
                                   highways, and/or
                                   construct sound walls,
                                   Thousand Oaks.........
 732. New York                    Complete engineering,              6
                                   design, environment
                                   reviews and other
                                   preliminary work for
                                   the Miller Highway
                                   relocation project in
                                   New York..............
 733. Michigan                    Construct M-5 Haggerty           2.4
                                   Connector.............
 734. Pennsylvania                Improve Sidling Hill           0.375
                                   Curve and Truck Escape
                                   in Fulton County......
 735. Texas                       Construct                      7.425
                                   circumferential
                                   freeway loop around
                                   Texarkana.............
 736. Massachusetts               Reconstruct Route 2/             2.7
                                   Jackson Road
                                   interchange, Lancaster
 737. Washington                  Improve Clinton Ferry            3.5
                                   Terminal..............
 738. California                  Upgrade Bristol St.,            5.25
                                   Santa Ana.............
 739. Pennsylvania                Construct US-30 Bypass             3
                                   from Exton Bypass to
                                   PA-10.................
 740. Maine                       Rehabilitate Piscataqua       3.9375
                                   River bridges, Kittery
 741. California                  Construct extension of             6
                                   State Route 180
                                   between Rt. 99 and the
                                   Hughes/West Diagonal..
 742. California                  Construct Ocean                   15
                                   Boulevard and Terminal
                                   Island Freeway
                                   interchange in Long
                                   Beach, California.....
 743. Nevada                      Extend I-580 in Washie          3.75
                                   and Douglas Counties..
 744. Massachusetts               Preliminary design of            1.5
                                   Route 2 connector to
                                   downtown Fitchburg....
 745. Illinois                    Improve and construct            1.8
                                   grade separation on
                                   Cockrell Lane in
                                   Springfield...........
 746. Virginia                    Aquire land and                  0.5
                                   construct segment of
                                   Daniel Boone Heritage
                                   Trail (Kane Gap
                                   section), Jefferson
                                   National Forest.......
 747. Virginia                    Construct Route 288 in         18.75
                                   the Richmond
                                   Metropolitan Area.....
 748. New York                    Construct congestion            3.75
                                   mitigation project for
                                   Brookhaven............
 749. Ohio                        Construct Licking-               1.5
                                   Thornwood Connector in
                                   Licking County........
 750. Louisiana                   Construct Florida               0.15
                                   Expressway in St.
                                   Bernard and Orleans
                                   Parishes..............
 751. Georgia                     Construct North River          2.175
                                   Causeway and Bridge,
                                   St. Mary's County.....
 752. Missouri                    Upgrade Eastern Jackson          4.5
                                   County, Jackson Co....
 753. Texas                       Conduct MIS for                 0.75
                                   Multimodal Downtown
                                   Improvement Project,
                                   San Antonio...........
 754. Kansas                      Construct road and rail        26.25
                                   grade separations in
                                   Wichita...............
 755. Florida                     Construct Cross                1.125
                                   Seminole Trail
                                   connection in Seminole
                                   County................
 756. Oregon                      Upgrade I-5/Highway 217         5.25
                                   interchange, Portland.
 757. Ohio                        Construct St.                    0.5
                                   Clairsville Bike Path
                                   in Belmont County.....
 758. South Carolina              Widen North Main                   9
                                   Street, Columbia......
 759. Hawaii                      Upgrade Puuloa Road             6.75
                                   between Kamehameha
                                   Highway and Salt Lake
                                   Blvd..................
 760. Alabama                     Construct new I-10          10.78125
                                   bridge over the Mobile
                                   River in Mobile,
                                   Alabama...............
 761. Alaska                      Construct Coffman Cove          2.25
                                   ferryboat.............
 762. Ohio                        Upgrade US-30 from              22.5
                                   Wooster to Riceland...
 763. Missouri                    Replace bridge on Route            1
                                   92, Platte Co.........
 764. Maryland                    Reconstruct segment of          6.75
                                   Baltimore Beltway
                                   between U.S. 1 and I-
                                   70....................
 765. Minnesota                   Construct Gunflint               0.6
                                   Realignment project,
                                   Grand Marais..........
 766. Colorado                    Construct alternative            4.2
                                   truck route in
                                   Montrose..............
 767. Pennsylvania                Improve I-95/PA-413            5.625
                                   Interchange in Bucks
                                   County................
 768. Hawaii                      Construct improvements            15
                                   to H-1 between the
                                   Waiawa interchange and
                                   the Halawa interchange
 769. California                  Construct new I-95               2.2
                                   interchange with
                                   Highway 99W, Tehama
                                   Co....................
 770. Florida                     Widen US-17/92 in               1.35
                                   Volusia County........
 771. South Carolina              Construct I-77/SC #S-20-        5.25
                                   30 interchange,
                                   Fairfield Co..........
 772. Illinois                    Construct access road          1.125
                                   to Melvin Price Locks
                                   and Dam Visitors
                                   Center, Madison Co....
 773. Washington                  Reconstruct I-5                1.125
                                   interchange, City of
                                   Lacy..................
 774. Maryland                    Construct improvements           5.5
                                   a I-270/MD-187
                                   interchange...........
 775. Alabama                     Construct Finley Ave.          2.925
                                   Extension East project
 776. Connecticut                 Construct Greenmanville          6.3
                                   Ave. streetscape
                                   extension, including
                                   feasibility study, in
                                   towns of Groton,
                                   Stonington and Mystic.
 777. Alabama                     Construct Anniston             40.14
                                   Eastern Bypass from I-
                                   20 to Fort McClellan
                                   in Calhoun County.....
 778. Louisiana                   Construct Causeway                 4
                                   Boulevard/Earhart
                                   Expressway interchange
                                   in Jefferson, Parish,
                                   Louisiana.............
 779. California                  Create recreational                6
                                   trails in Santa Monica
                                   Mountains National
                                   Recreation Area.......
 780. Georgia                     Widen and reconstruct           2.55
                                   Corder Road from
                                   Pineview Drive to the
                                   Russell Parkway.......
 781. Massachusetts               Construct Hyannis                2.4
                                   Intermodal
                                   Transportation Center,
                                   Hyannis...............
 782. Oregon                      Construct South                   11
                                   Rivergate rail
                                   overcrossing in
                                   Portland..............
 783. Arkansas                    Improve Arkansas State         1.875
                                   Highway 59 from Rena
                                   Road to Old Uniontown
                                   Road in Van Buren.....
 784. Rhode Island                Reconstruct Pawtucket          1.125
                                   Ave. and Wilcott St.,
                                   Pawtucket.............
 785. New Hampshire               Improve the Bridge             1.036
                                   Street bridge in
                                   Plymouth..............
 786. Louisiana                   Install computer signal        4.875
                                   synchronization system
                                   in Baton Rouge........
 787. Pennsylvania                Improve Oxford Valley            1.5
                                   Road/US-1 interchange
                                   in Bucks County.......
 788. Pennsylvania                Construct US-6                   1.8
                                   Tunkhannock Bypass in
                                   Wyoming County........
 789. Florida                     Construct US17/92 and         2.0625
                                   SR-436 interchange in
                                   Orange/Osceola/
                                   Seminole County region
 790. North Carolina              Upgrade US 13/NC11             3.375
                                   (including Bethel
                                   bypass) in Pitt and
                                   Edgecombe Counties....
 791. Massachusetts               Conduct planning and             0.8
                                   engineering for
                                   connector route
                                   between I-95 and
                                   industrial/business
                                   park, Attleboro.......
 792. Virginia                    Construct I-73 from                6
                                   Roanoke to the North
                                   Carolina border.......
 793. California                  Upgrade Route 4 West in          7.5
                                   Contra Costa Co.......
 794. Florida                     Construct I-4/John          10.24425
                                   Young Parkway
                                   interchange project in
                                   Orlando...............
 795. Pennsylvania                Construct US-202                 4.5
                                   Section 600 Phase I
                                   Early Action project
                                   in Upper Gwynedd and
                                   Lower Gwynedd.........
 796. Alabama                     Construct Historic            0.5025
                                   Whistler Bike Trail in
                                   Prichard, Alabama.....
 797. Missouri                    Upgrade Route 6 between            5
                                   I-29 and Route AC, St.
                                   Joseph................
 798. Iowa                        Conduct study of Port          0.075
                                   of Des Moines, Des
                                   Moines................
 799. California                  Improve State Route 57         0.985
                                   interchange at Lambert
                                   Road in Brea..........
 800. Pennsylvania                Improve ramp junctions             3
                                   at intersection of
                                   S.R. 114 and
                                   Interstate 83,
                                   Fairview Township.....
 801. Mississippi                 Upgrade Land Fill Road,         0.75
                                   Panola Co.............
 802. California                  Construct bike path            1.873
                                   between Sepulveda
                                   Basin Recreation Area
                                   and Warner Center/
                                   Canoga Park, Los
                                   Angeles...............
 803. Wisconsin                   Upgrade U.S. 51                 3.75
                                   Tomahark Bypass.......
 804. North Carolina              Construct segment of           2.025
                                   Raleigh Outer Loop,
                                   Wake Co...............
 805. Michigan                    Conduct feasibility           0.1875
                                   study on widening US-
                                   12 to three lanes
                                   between US-127 and
                                   Michigan Highway 50...
 806. California                  Widen US-101 from                1.1
                                   Windsor to Arata
                                   Interchange...........
 807. Oregon                      Upgrade access road and          1.5
                                   related facilities to
                                   Port of Port Orford...
 808. Pennsylvania                Allegheny Trail from               6
                                   Pittsburgh,
                                   Pennsylvania to
                                   Cumberland, Maryland..
 809. Texas                       Improve I-35 West from             3
                                   Spur 280 to I-820 in
                                   Fort Worth............
 810. Michigan                    Reconstruct Co.Rd. 612        0.6825
                                   and Co.Rd. 491,
                                   Montmorency Co........
 811. California                  Improve Folsom                 4.275
                                   Boulevard - Highway 50
                                   in the city of Folsom.
 812. Illinois                    Improve Illinois Route         1.725
                                   29 in Sangamon and
                                   Christian Counties....
 813. Tennessee                   Upgrade SR 386 between          1.06
                                   US 31 to the Gallatin
                                   Bypass, Sumner Co.....
 814. Washington                  Improve primary truck            4.9
                                   access route on East
                                   Marine View Drive,
                                   FAST corridor in
                                   Washington............
 815. Minnesota                   Construct grade                 0.75
                                   separated interchange
                                   at south junction of
                                   TH 371/Brainerd bypass
 816. California                  Upgrade Greenville Rd.           5.1
                                   and construct railroad
                                   underpass, Livermore..
 817. Washington                  Construct State Route           3.15
                                   305 corridor
                                   improvements in
                                   Poulsbo, Washington...
 818. Tennessee                   Widen US-321 from              6.825
                                   Kinzel Springs to Wean
                                   Valley Road...........
 819. Iowa                        Construct the Julien              21
                                   Dubuque Bridge over
                                   the Mississippi River
                                   at Dubuque............
 820. Michigan                    Conduct preliminary            1.125
                                   engineering, acquire
                                   right-of-way and
                                   construct I-75/North
                                   Down River Road
                                   interchange...........

[[Page H3840]]

 
 821. Virginia                    Conduct historic                 0.5
                                   restoration of Roanoke
                                   Passanger Station in
                                   Roanoke...............
 822. New York                    Undertake Linden Place          5.25
                                   reconstruction
                                   project, Queens.......
 823. Illinois                    Reconstruct interchange       23.495
                                   at I-294, 127th St.
                                   and Cicero Ave. with
                                   new ramps to the Tri-
                                   State Tollway, Alsip..
 824. Louisiana                   Improve US-165 from               30
                                   Alexandria to Monroe..
 825. Pennsylvania                Construct Western                2.7
                                   Innerloop from PA-26
                                   to State Route 3014...
 826. Alaska                      Improve Dalton Highway.         3.75
 827. Pennsylvania                Relocate US-219                 3.75
                                   Ridgeway,
                                   Pennsylvania, truck
                                   bypass connector along
                                   Osterhout Street......
 828. Mississippi                 Widen State Route 24          0.6875
                                   from Liberty to I-55..
 829. California                  Widen I-15 in San                 18
                                   Bernardino County,
                                   California............
 830. Virginia                    Complete North Section           7.5
                                   of Fairfax County
                                   Parkway in Fairfax
                                   County, Virginia......
 831. New York                    Rehabilitate segment of          1.5
                                   Henry Hudson Parkway
                                   between Washington
                                   Bridge and Dyckman
                                   St., New York City....
 832. Iowa                        Relocate IA-192 and              4.5
                                   Avenue G viaduct in
                                   Council Bluffs........
 833. Pennsylvania                Improve T-344 Bridge           0.525
                                   over Mahantango Creek
                                   in Snyder County......
 834. California                  Construct Phase 3 of             2.5
                                   Alameda Street
                                   project, Los Angeles..
 835. Texas                       Construct Texas State            4.8
                                   Highway 49 between FM
                                   1735 to Titus/Morris
                                   Co. line..............
 836. Virginia                    Construct access road            2.7
                                   and related facilities
                                   for Fisher Peak
                                   Mountain Music
                                   Interpretive Center on
                                   Blue Ridge Parkway....
 837. Michigan                    Construct grade                 5.25
                                   separation on Sheldon
                                   Road, Plymouth........
 838. Michigan                    Upgrade Three Mile              0.75
                                   Road, Grand Traverse..
 839. Ohio                        Relocate SR-30 for                 1
                                   final design of south
                                   alternative in Carroll
                                   County, Ohio..........
 840. Tennessee                   Improve State Road 60            1.2
                                   from Waterville to US-
                                   64 in Bradley County..
 841. Washington                  Construct 192nd Street          3.75
                                   from Sr-14 to SE 15th.
 842. Wisconsin                   Reconstruct U.S.                   9
                                   Highway 10, Waupaca
                                   County................
 843. Minnesota                   Upgrade Highway 73 from        2.775
                                   4.5 miles north of
                                   Floodwood to 22.5
                                   miles north of
                                   Floodwood.............
 844. New York                    Reconstruct Mamaroneck         4.375
                                   Ave., White Plains,
                                   Harrison and
                                   Mamaroneck............
 845. Pennsylvania                Reconfigure                    0.375
                                   Pennsylvania Turnpike/
                                   Route 13 interchange..
 846. Pennsylvania                Widen and improve Route         0.75
                                   449 in Potter County..
 847. Puerto Rico                 Upgrade PR 3 between               6
                                   Rio Grande and Fajardo
 848. Illinois                    Constuct Peoria City               3
                                   River Center parking
                                   facility in Peoria....
 849. New Jersey                  Consrtuct Route29/129          4.125
                                   bicycle, pedestrian
                                   and landscape
                                   improvement plan......
 850. Tennessee                   Upgrade Briley Parkway           4.2
                                   between McGavock Pike
                                   and I-65..............
 851. Connecticut                 Widen Route 4 in                 2.1
                                   Torrington............
 852. California                  Widen 5th Street and            0.75
                                   replace 5th Street
                                   bridge in Highland,
                                   California............
 853. Wisconsin                   Construct U.S. Highway             3
                                   10, Freemont to
                                   Appleton..............
 854. Missouri                    Upgrade US-71                   0.75
                                   interchange in
                                   Carthage, Missouri....
 855. New York                    Construct Fordham               1.75
                                   University regional
                                   transportation
                                   facility..............
 856. Missouri                    Upgrade US-63 in Howell            6
                                   County, Missouri......
 857. Alabama                     Construct East Foley            5.25
                                   corridor project from
                                   Baldwin County Highway
                                   20 to State Highway 59
                                   in Alabama............
 858. New York                    Reconstruct Washington           1.7
                                   County covered bridge
                                   project...............
 859. California                  Upgrade Route 4 East in          8.5
                                   Contra Costa Co.......
 860. Pennsylvania                Complete Broad Street         1.6725
                                   ramps at Route 611
                                   bypass in Bucks County
 861. Missouri                    Construct Strother Rd./            3
                                   I-470 interchange,
                                   Jackson Co............
 862. Massachusetts               Upgrade Rt. 9/Calvin           9.375
                                   Coolidge Bridge,
                                   Hadley................
 863. Ohio                        Rail mitigation and                9
                                   improvement projects
                                   from Vermillion to
                                   Conneaut..............
 864. Massachusetts               Construct I-95/I-93             3.75
                                   interchange, Boston...
 865. West Virginia               Construct Riverside               27
                                   Expressway, Fairmont..
 866. Ohio                        Construct greenway               2.3
                                   enhancements in
                                   Madison...............
 867. Tennessee                   Reconstruct US-27 in            2.25
                                   Morgan County.........
 868. West Virginia               Upgrade US Rt. 35                 31
                                   between I-64 and South
                                   Buffalo Bridge........
 869. California                  Construct I-5/Avenida           2.25
                                   Vista Hermosa
                                   interchange in San
                                   Clemente..............
 870. Missouri                    Upgrade Route 36                  20
                                   between Hamilton and
                                   Chillicothe...........
 871. Illinois                    Replace Lebanon Ave.            0.75
                                   Bridge and approaches,
                                   Belleville............
 872. Kentucky                    Construct US-127:            8.41125
                                   $5,250,000 for the
                                   Albany Bypass from
                                   KY696 to Clinton
                                   County High School and
                                   $3,161,250 for the
                                   segment between KY696
                                   and the Tennessee
                                   State Line............
 873. Tennessee                   Improve US-64 in                3.75
                                   Hardeman and McNariy
                                   Counties..............
 874. Connecticut                 Replace bridges over          4.9125
                                   Harbor Brook, Meriden.
 875. Colorado                    Reconstruct I-225/Iliff        3.625
                                   Avenue interchange in
                                   Aurora................
 876. Connecticut                 Reconstruct I-84                 4.5
                                   between vicinity of
                                   Route 69 in Waterbury
                                   and Marion Avenue in
                                   Southington...........
 877. New York                    Improve Cross                   0.75
                                   Westchester Expressway
 878. Oregon                      Design and engineering         0.225
                                   for intermodal
                                   transportation center,
                                   Astoria...............
 879. Hawaii                      Construct Kapaa Bypass.         8.25
 880. Pennsylvania                Construct enhancements             3
                                   and related measures,
                                   including purchase of
                                   vans for reverse
                                   commutes, to
                                   intermodal facility
                                   located at
                                   intersection of 52nd
                                   and Lancaster Ave.,
                                   Philadelphia..........
 881. Washington                  Construct Edmonds                4.5
                                   Crossing Multi-modal
                                   transportation project
                                   in Edmonds,
                                   Washington............
 882. Ohio                        Construct Chagrin River/       1.045
                                   Gulley Brook corridor
                                   scenic greenway along
                                   I-90 in Lake County...
 883. California                  Construct interchange            7.5
                                   between I-15 and Main
                                   Street in Hesperia,
                                   California............
 884. Texas                       Reconstruct State             0.9705
                                   Highway 87 between
                                   Sabine Pass and
                                   Bolivar Penninsula,
                                   McFadden Beach........
 885. California                  Widen State Route 29           0.275
                                   between Route 281 and
                                   Route 175.............
 886. New York                    Construct Hudson River         0.336
                                   scenic overlook from
                                   Route 9 to Waterfront
                                   in Poughkeepsie.......
 887. Indiana                     Expand 126th Street in          0.75
                                   Carmel................
 888. Florida                     Widen Gunn Highway               1.5
                                   between Erlich Road
                                   and South Mobley Road
                                   in Hillsborough County
 889. Pennsylvania                Relocate PA-113 at               2.7
                                   Creamery Village in
                                   Skippack..............
 890. Michigan                    Upgrade Van Dyke Road          2.775
                                   between M-59 and Utica
                                   City limits...........
 891. New Jersey                  Replace the Ocean City-         19.5
                                   Longport bridge in
                                   Cape May County, New
                                   Jersey................
 892. New York                    Construct County Road          0.515
                                   93 between NYS 27 and
                                   NYS 454...............
 893. Mississippi                 Upgrade Brister Rd.           0.3825
                                   between Tutwiler and
                                   Coahoma County line,
                                   Tallahatchie Co.......
 894. California                  Conduct highway 65             4.275
                                   improvement and
                                   mitigation project....
 895. Michigan                    Construct road drainage         0.18
                                   improvements, Suttons
                                   Bay Village...........
 896. Pennsylvania                Construct 25.5 miles of        0.486
                                   the Perkiomen Trail...
 897. Illinois                    Upgrade Bishop Ford            1.125
                                   Expressway/142nd St.
                                   interchange...........
 898. Maine                       Implement rural ITS....       0.1875
 899. Mississippi                 Widen US-84 from I-55         0.6875
                                   at Brookhaven to US-49
                                   at Collins............
 900. Washington                  Widen Columbia Center         1.2075
                                   Boulevard in Kennewick
 901. Indiana                     Repair signal wires,           0.275
                                   grade-crossing warning
                                   devices and other
                                   safety protections
                                   along South Shore
                                   Railroad between Gary
                                   and Michigan City.....
 902. Florida                     Replace St. Johns River         10.5
                                   Bridge in Volusia and
                                   Seminole Counties.....
 903. Louisiana                   Construct East-West             0.75
                                   Corridor project in
                                   Southwest Louisiana...
 904. New York                    Improve and reconstruct         0.28
                                   Commerce Street in
                                   York Town.............
 905. Washington                  Widen SR-522 in                  5.2
                                   Snohomish County:
                                   $3,650,000 for phase 1
                                   from SR-9 to Lake
                                   Road; $1,550,000 to
                                   construct segment from
                                   Paradise Lake Road to
                                   Snohomish River Bridge
 906. New Jersey                  Design and construct               1
                                   pedestrian access
                                   facility from Joseph
                                   G. Minish Waterfront
                                   Park over Route 21 to
                                   the New Jersey
                                   Performing Arts Center
                                   and the contiguous
                                   light rail station in
                                   Newark................
 907. Kentucky                    Construct a segment of         11.25
                                   the I-66 corridor from
                                   Somerset to I-75......
 908. Michigan                    Construct arterial             0.375
                                   connector between US41/
                                   M28 and Co.Rd. 480,
                                   Marquette.............
 909. Wisconsin                   Upgrade State Highway              9
                                   29 between Green Bay
                                   and Wausau............
 910. Georgia                     Construct surface              29.25
                                   transportation
                                   facilities along
                                   Atlanta-Griffin-Macon
                                   corridor..............
 911. Oregon                      Repair Port of Hood            1.125
                                   River Bridge Lift Span
                                   project...............
 912. Pennsylvania                Construct noise                 0.36
                                   abatement barriers
                                   along US-581 from I-83
                                   2.) miles west in
                                   Cumberland County.....
 913. Texas                       Widen Highway 287 from         5.125
                                   Creek Bend Drive to
                                   Waxahacie bypass......
 914. Oregon                      Design and engineering         0.375
                                   for Tualatin-Sherwood
                                   Bypass................
 915. Texas                       Implement ``Hike and               6
                                   Bike'' trail program,
                                   Houston...............
 916. New Hampshire               Widen I-93 from Salem           9.36
                                   north.................
 917. Tennessee                   Construct State Route           7.74
                                   30 from Athens to
                                   Etowah in McMinn
                                   County................
 918. California                  Undertake median                0.75
                                   improvements along E.
                                   14th St., San Leandro.
 919. New Jersey                  Construct Toms River            2.25
                                   bridge project
                                   connecting Dover and
                                   South Toms River
                                   Borough...............
 920. New York                    Improve ferry                   0.75
                                   infrastructure in
                                   Greenport.............
 921. Puerto Rico                 Upgrade PR 30 between              6
                                   PR 203 in Gurabo to PR
                                   31 in Juncos..........
 922. Pennsylvania                Improve access and                 3
                                   interchange from I-95
                                   to the international
                                   terminal at
                                   Philadelphia
                                   International Airport.
 923. New Hampshire               Construct Orford Bridge        2.836
 924. Massachusetts               Construct roadway            5.78775
                                   improvements on Crosby
                                   Drive and Middlesex
                                   Turnpike, Beford,
                                   Burlington and
                                   Billerica.............
 925. Illinois                    Reconstruct Midlothian         0.216
                                   Turnpike, Robbins.....
 926. California                  Plan, design and                   3
                                   construct interchange
                                   between I-15 and Sante
                                   Fe Road in Barstow,
                                   California............
 927. Pennsylvania                Reconstruct and widen             19
                                   US Rt. 222 to four-
                                   lane expressway
                                   between Lancaster/
                                   Berks County line and
                                   Grings Mill Rd. and
                                   construction of Warren
                                   Street extenstion in
                                   Reading...............

[[Page H3841]]

 
 928. Maryland                    Upgrade roads within             2.4
                                   Leakin Park Intermodal
                                   Corridor, Baltimore...
 929. Washington                  Widen SR522 from SR-9            3.6
                                   to Paradise Lake Road.
 930. New York                    Construct NYS Route 27         4.215
                                   at intersection of
                                   North Monroe Avenue...
 931. Michigan                    Construct Detroit                 15
                                   Metropolitan/Wayne
                                   County South Access
                                   Road..................
 932. Illinois                    Reconstruct U.S. 6,            1.245
                                   Harvey................
 933. New York                    Redesign Grand                  9.75
                                   Concourse to enhance
                                   traffic flow and
                                   related enhancements
                                   between E. 161st St.
                                   and Fordham Rd., New
                                   York City.............
 934. Ohio                        Construct Black River           3.45
                                   intermodal
                                   transportation center.
 935. Connecticut                 Rehabilitate Route 202         2.025
                                   bridge in New Milford,
                                   Connecticut...........
 936. Pennsylvania                Construct park and ride        1.125
                                   facilities in Lower
                                   Bucks County..........
 937. Pennsylvania                Widen US-11/15 between          3.75
                                   Mt. Patrick and McKees
                                   Half Falls in Perry
                                   County................
 938. Illinois                    Undertake Industrial          3.2625
                                   Transportation
                                   Improvement Program in
                                   Chicago...............
 939. California                  Improve streets and             0.65
                                   construct bicycle
                                   paths, Agoura Hills...
 940. California                  Implement City of               3.75
                                   Compton traffic signal
                                   systems improvements..
 941. Texas                       Construct relief route        0.1875
                                   around Alice..........
 942. California                  Reconstruct Harbor               1.5
                                   Blvd./SR22
                                   Interchange, City of
                                   Garden Grove..........
 943. North Carolina              Upgrade US 158                  2.25
                                   (including bypasses of
                                   Norlina, Macon and
                                   Littleton) in Halifax
                                   and Warren Counties...
 944. Utah                        Construct 7800 South            5.85
                                   from 1300 West to
                                   Bangerter Highway in
                                   West Jordan...........
 945. Utah                        Widen and improve 123rd/         4.5
                                   126th South from
                                   Jordan River to
                                   Bangerter Highway in
                                   Riverton..............
 946. Kentucky                    Construct US-127                4.35
                                   Jamestown Bypass......
 947. Minnesota                   Upgrade Cass County             0.72
                                   Road 105 and Crow Wing
                                   County Road 125, East
                                   Gull Lake.............
 948. Arkansas                    Construct Highway 82           5.375
                                   from Hamburg to
                                   Montrose..............
 949. Louisiana                   Construct Port of South        0.525
                                   Louisiana Connector in
                                   Saint John the Baptist
                                   Parish................
 950. Oregon                      Rehabilitate Broadway            7.5
                                   Bridge in Portland....
 951. Louisiana                   Construct Metairie Rail            6
                                   Improvements and
                                   Relocation project in
                                   Jefferson and Orleans
                                   Parishes, Louisiana...
 952. Washington                  Construct Port of              1.875
                                   Longview Industrial
                                   Rail Corridor and
                                   Fibre Way Overpass in
                                   Longview..............
 953. New York                    Study transportation               1
                                   improvements for
                                   segments of Hutchinson
                                   River Parkway and New
                                   England Thruway
                                   through the Northeast
                                   Bronx.................
 954. West Virginia               Construct I-73/74               9.05
                                   Corridor, including
                                   connectors with WV Rt.
                                   44 and Co. Rt. 13
                                   (Gilbert Creek), Mingo
                                   County................
 955. Washington                  Improve I-90/Sunset Way        14.85
                                   interchange in
                                   Issaquah, WA..........
 956. Indiana                     Construct Marina Access            1
                                   Road in East Chicago..
 957. Alabama                     Construct bridge over             10
                                   Tennessee River
                                   connecting Muscle
                                   Shoals and Florence...
 958. Illinois                    Resurface 63rd Street         0.5625
                                   from Western Avenue to
                                   Wallace, Chicago......
 959. North Carolina              Upgrade Highway 55             17.25
                                   between US 64 and
                                   State Route 1121, Wake
                                   and Durham Counties...
 960. Indiana                     Upgrade Ridge Road               3.3
                                   between Griffith and
                                   Highland..............
 961. Missouri                    Construct Hermann                1.1
                                   Bridge on Highway 19
                                   in Montgomery and
                                   Gasconade Counties....
 962. New Jersey                  Replace Groveville-              2.4
                                   Allentown Road bridge
                                   in Hanilton...........
 963. Missouri                    Upgrade US-60 in Carter        20.25
                                   County, Missouri......
 964. Georgia                     Construct the Fall Line        17.25
                                   Freeway from Bibb to
                                   Richmond Counties.....
 965. Pennsylvania                Construct American                 3
                                   Parkway Bridge project
                                   in Allentown..........
 966. Georgia                     Upgrade U.S. Rt. 19             3.75
                                   between Albany and
                                   Thomaston.............
 967. Georgia                     Construct noise                 0.75
                                   barriers on the
                                   westside of I-185
                                   between Macon Road and
                                   Airport Thruway and on
                                   I-75 between Mt. Zion
                                   Road and Old Dixie
                                   Highway in the Atlanta
                                   area..................
 968. Oregon                      Construct I-205/                17.2
                                   Sunnyside/Sunnybrook
                                   interchange and
                                   related extrension
                                   road, Clackamas Co....
 969. Minnesota                   Widen Trunk Highway 14/         9.75
                                   52 from 75th Street,
                                   NW to Trunk Highway 63
                                   in Rochester..........
 970. Minnesota                   Upgrade CSAH 61 between          0.9
                                   TH324 and Snake River.
 971. Utah                        Construct underpass at          3.51
                                   100th South in Sandy..
 972. California                  Improve roadway to              0.75
                                   provide access to
                                   Hansen Dam Recreation
                                   Area in Los Angeles...
 973. New York                    Construct Erie Canal            2.25
                                   Preserve I-90 rest
                                   stop in Port Byron....
 974. Massachusetts               Construct bike path            1.275
                                   between Rt. 16
                                   (Everett) to Lynn
                                   Oceanside.............
 975. Tennessee                   Construct Kingsport              1.5
                                   Highway in Washington
                                   County................
 976. Mississippi                 Widen State Route 6            11.25
                                   from Pontotoc to US-45
                                   at Tupelo in
                                   Mississippi...........
 977. Tennessee                   Construct pedestrian            2.25
                                   and bicycle pathway to
                                   connect with the
                                   Mississippi River
                                   Trail, and restore
                                   adjacent historic
                                   cobblestones on
                                   riverfront, Memphis...
 978. California                  Construct improvements           6.5
                                   to Harry Bridges
                                   Blvd., Los Angeles....
 979. Nebraska                    Construct NE-35                3.375
                                   alternative and
                                   modified route
                                   expressway in
                                   Norfolkand Wayne......
 980. Michigan                    Upgrade Davison Rd.              3.2
                                   between Belsay and
                                   Irish Roads, Genessee
                                   Co....................
 981. West Virginia               Relocate segment of                4
                                   Route 33 (Scott Miller
                                   Bypass), Roane Co.....
 982. California                  Rehabilitate B Street          0.525
                                   between Foothill Blvd.
                                   and Kelly St., Hayward
 983. Pennsylvania                Construct exit ramp on         7.875
                                   I-180 at State Route
                                   2049 in Lycoming
                                   County................
 984. California                  Improve streets and            0.466
                                   related bicycle lane
                                   in Oak Park, Ventura
                                   Co....................
 985. Ohio                        Upgrade 11 warning             0.825
                                   devices on the rail
                                   north/south line from
                                   Toledo to Deshler.....
 986. Alabama                     Expand US-278 in                 5.4
                                   Cullman County........
 987. California                  Improve the Avenue H           4.575
                                   overpass in Lancaster,
                                   California............
 988. New York                    Construct US-219 from             20
                                   Route 39 to Route 17..
 989. Texas                       Widen State Highway 35         5.175
                                   from SH288 in Angleton
                                   to FM521 and dedicate
                                   $630,000 to the
                                   acquisition of right-
                                   of-way in Brazoria
                                   County................
 990. Alaska                      Extend Kenai Spur                  6
                                   Highway-North Road in
                                   Kenai Peninsula
                                   Borough...............
 991. Washington                  Construct Interstate          17.625
                                   405/NE 8th Street
                                   interchange project in
                                   Bellevue, WA..........
 992. Tennessee                   Implement ITS                    2.8
                                   technologies,
                                   Nashville.............
 993. Texas                       Construct Galveston           0.5475
                                   Island Causeway
                                   Expansion project,
                                   Galveston.............
 994. Michigan                    Improve I-69 in Branch,        1.875
                                   Eaton and Calhoun
                                   Counties..............
 995. California                  Improve streets in                 1
                                   Canoga Park and Reseda
                                   areas, Los Angeles....
 996. Illinois                    Undertake improvements             2
                                   to 127th Street,
                                   Cicero Avenue and
                                   Route 83 to improve
                                   safety and facilitate
                                   traffic flow,
                                   Crestwood.............
 997. Ohio                        Construct new traffic           0.06
                                   signal and
                                   intersection upgrade
                                   for Village of Hebron
                                   in Licking County.....
 998. California                  Upgrade US-101 from             0.65
                                   Eureka to Arcata......
 999. Pennsylvania                Construct bicycle and            0.4
                                   pedestrian facility
                                   between Washington's
                                   Landing and Millvale
                                   Borough, Allegheny Co.
1000. New York                    Construct Maybrook             1.404
                                   Corridor bikeway in
                                   Dutchess County.......
1001. California                  Construct I-10/Barton           3.75
                                   Road West/Anderson
                                   Street connection.....
1002. Mississippi                 Construct Jackson                7.5
                                   International Airport
                                   Parkway and connectors
                                   from High Street to
                                   the Jackson
                                   International Airport
                                   in Jackson,
                                   Mississippi...........
1003. New Jersey                  Upgrade I-78                   3.725
                                   interchange and West
                                   Peddie St. ramps,
                                   Newark................
1004. California                  Implement enhanced               1.5
                                   traffic access between
                                   I-10, area hospitals
                                   and southern portion
                                   of Loma Linda.........
1005. Ohio                        Construct SR 711                  25
                                   connector four-lane
                                   limited access highway
                                   in Mahoning Co........
1006. Iowa                        Extend NW 86th Street           5.25
                                   from NW 70th Street to
                                   Beaver Drive in Polk
                                   County................
1007. California                  Construct State Route              3
                                   56 North connectors at
                                   I-5 and North and
                                   South connectors at I-
                                   15 in San Diego.......
1008. Arkansas                    Construct the Ashdown          3.875
                                   Bypass/Overpass in
                                   Ashdown...............
1009. Colorado                    Reconstruct and upgrade            9
                                   I-70/I-25 Interchange,
                                   Denver................
1010. Louisiana                   Construct Zachary                  1
                                   Taylor Parkway project
1011. Michigan                    Upgrade Rochester Road         9.225
                                   between I-75 and
                                   Torpsey St............
1012. Louisiana                   Construct I-10/                    6
                                   Louisiana Ave.
                                   interchange...........
1013. New York                    Construct County Route         7.577
                                   21, Peeksill Hollow
                                   Road renovation
                                   project...............
1014. Georgia                     Undertake Perimeter            0.075
                                   Central Parkway
                                   Overpass project and
                                   Ashford Dunwoody
                                   interchange
                                   improvements at I-285,
                                   DeKalb Co.............
1015. Minnesota                   Upgrade Highway 53               1.5
                                   between Virginia and
                                   Cook..................
1016. New York                    Initiate study and               1.5
                                   subsequent development
                                   and engineering of an
                                   international trade
                                   corridor in St.
                                   Lawrence County.......
1017. California                  Construct Alameda              2.205
                                   Corridor East, San
                                   Gabriel Valley........
1018. Arkansas                    Upgrade Highway 63,               10
                                   Marked Tree to Lake
                                   David.................
1019. Louisiana                   Congestion mitigation           2.25
                                   and safety
                                   improvements to the
                                   Central thruway in
                                   Baton Rouge...........
1020. Maryland                    Reconstruct Baltimore          11.25
                                   Washington Parkway at
                                   Route 197, Prince
                                   Georges Co............
1021. Ohio                        Construct Wilmington            3.75
                                   Bypass, Wilmington....
1022. Texas                       Construct Houston              5.125
                                   Street Viaduck project
                                   in Dallas.............
1023. West Virginia               Construct I-73/74                 15
                                   Corridor, including
                                   interchange with US-
                                   460, Mercer County....
1024. Massachusetts               Reconstruct Pleasant             1.2
                                   Street-River Terrace,
                                   Holyoke...............
1025. Ohio                        Improve and widen SR-45         6.17
                                   from North of the I-90
                                   interchange to North
                                   Bend Road in Ashtabula
                                   County, Ohio..........
1026. Rhode Island                Install directional            0.225
                                   signs in Newport and
                                   surrounding
                                   communities...........
1027. Minnesota                   Construct Highway 210           0.48
                                   trail/underpass,
                                   Brainerd/Baxter.......
1028. Florida                     A-1-A Beautification             3.3
                                   project in Daytona,
                                   Florida...............
1029. Ohio                        Widen Licking-SR-79-               9
                                   06.65 (PID 8314) in
                                   Licking County........
1030. Texas                       Relocate railroad                4.5
                                   tracks to eliminate
                                   road crossings, and
                                   provide for the
                                   rehabilitation of
                                   secondary roads
                                   providing access to
                                   various parts of the
                                   Port and the
                                   construction of new
                                   connecting roads to
                                   access new
                                   infrastructure safely
                                   and efficiently,
                                   Brownsville...........
1031. Oklahoma                    Reconstruct US-70 from          3.93
                                   Broken Bow to Arkansas
                                   State line in
                                   McCurtain County......
1032. Tennessee                   Improve County Road 374         3.75
                                   in Montgomery County..
1033. Virginia                    Enhance Maple Avenue           2.025
                                   streetscape in Vienna,
                                   Virginia..............
1034. Connecticut                 Widen Route 10 from             3.48
                                   vicinity of Lazy Lane
                                   to River Street in
                                   Southington,
                                   Connecticut...........

[[Page H3842]]

 
1035. Florida                     Widen US-192 between           18.75
                                   County Route 532 and I-
                                   95 in Brevard and
                                   Osceola Counties......
1036. Louisiana                   Construct Leeville             1.125
                                   Bridge on LA-1........
1037. Illinois                    Construct I-57                  8.15
                                   interchange, Coles Co.
1038. Massachusetts               Upgrade Route 2 between            3
                                   Philipston and
                                   Greenfield............
1039. New Jersey                  Construct and/or                   2
                                   reconstruct intermodal
                                   transportation and
                                   maintenance facility
                                   in Union City in order
                                   to replace the NJ
                                   Transit depot.........
1040. Illinois                    Construct Technology           2.735
                                   Avenue between US Rt.
                                   45 East to Willenborg
                                   St., Effingham........
1041. New Jersey                  Replace Maple Grange            1.35
                                   Road bridge over
                                   Pochuck Creek in
                                   Sussex County.........
1042. New York                    Construct CR-96 from           0.275
                                   Great South Bay to
                                   Montauk Highway in
                                   Suffolk County........
1043. Virginia                    Construct connector             5.25
                                   road from the proposed
                                   U.S. 58 Stuart bypass
                                   to Route 8 South
                                   beginning at the
                                   intersection of
                                   Johnson Street in
                                   Stuart to Route 652...
1044. Pennsylvania                Replace bridge over             0.75
                                   Shermans Creek in
                                   Carroll...............
1045. Connecticut                 Construct bicycle and            0.9
                                   pedestrian walkway,
                                   Town of East Hartford.
1046. Ohio                        Construct grade                14.25
                                   separations at Front
                                   Street and Bagley
                                   Road, Berea...........
1047. Alabama                     Upgrade SR 5 in Perry          1.275
                                   Co....................
1048. Connecticut                 Implement Trinity             5.1075
                                   College Area road
                                   improvements, Hartford
1049. Louisiana                   Construct North/South              5
                                   Road/I-10-US-61
                                   connection in the
                                   Kenner, Louisiana.....
1050. New Jersey                  Design and construction         3.45
                                   Belford Ferry Terminal
                                   in Belford, New
                                   Jersey................
1051. Michigan                    Construct safety                0.75
                                   enhancements at rail
                                   crossings, Linden,
                                   Fenton, Swartz Creek
                                   and Gaines............
1052. California                  Extend 7th St. between           1.5
                                   F St. and North 7th
                                   St., Sacramento.......
1053. Massachusetts               Upgrade Spring St.               1.5
                                   between Bank and
                                   Latham Streets,
                                   Williamstown..........
1054. California                  Complete Citraeado              2.25
                                   Parkway project in San
                                   Diego County..........
1055. Indiana                     Conduct railroad               0.045
                                   relocation study in
                                   Muncie................
1056. Connecticut                 Improve Route 4                 1.35
                                   intersection in
                                   Harwinton,
                                   Connecticut...........
1057. Missouri                    Widen US-63 in Randolph         31.5
                                   and Boone Counties,
                                   Missouri..............
1058. New York                    Construct city of Glen          3.75
                                   Cove waterfront
                                   improvements..........
1059. Illinois                    Reconstruct Greenbriar          1.05
                                   Rd. with construction
                                   of new turn lanes in
                                   vicinity of John A.
                                   Logan College in
                                   Carterville...........
1060. Tennessee                   Construct bridge and             9.9
                                   approaches on State
                                   Route 33 over the
                                   Tennessee River
                                   (Henley Street Bridge)
1061. Ohio                        Construct SR-315 Ohio            3.5
                                   State University Ramp
                                   project in Franklin
                                   County................
1062. Nevada                      Improve at-grade               1.875
                                   railroad crossings in
                                   Reno..................
1063. Pennsylvania                Construct Williamsport-         5.25
                                   Lycoming County
                                   Airport Access road
                                   from I-180 to the
                                   airport...............
1064. Minnesota                   Construct bicycle and           2.25
                                   pedestrian facility
                                   (Mesabi Trail), St.
                                   Louis County..........
1065. Florida                     Widen State Road 44 in        1.6875
                                   Volusia County........
1066. Missouri                    Upgrade Mo. Rt. 150,             4.5
                                   Jackson Co............
1067. Nebraska                    Construct bridge in                3
                                   Newcastle.............
1068. Pennsylvania                Construct PA 36                 0.75
                                   Convention Center
                                   Connector in Blair
                                   County................
1069. Illinois                    Rehabilitate Western           0.825
                                   Springs Arterial
                                   Roadway, Cook Co......
1070. California                  Rehabilitate Highway 1         0.375
                                   in Guadalupe..........
1071. Utah                        Widen 7200 South in             0.99
                                   Midvale...............
1072. Iowa                        Construct I-29 airport          4.65
                                   interchange overpass
                                   in Sioux City.........
1073. Florida                     Restore and                     1.35
                                   rehabilitate Miami
                                   Beach Bridge and
                                   waterfront in Miami
                                   Beach, Florida........
1074. Washington                  Improve Huntington            0.5625
                                   Avenue South in Castle
                                   Rock..................
1075. Minnesota                   Implement Trunk Highway       12.475
                                   8 Corridor projects,
                                   Chisago Co............
1076. Michigan                    Relocate US-31 from             13.5
                                   River Road to Naomi
                                   Road in Berrian County
1077. South Carolina              Construct I-95/I-26              8.5
                                   interchange,
                                   Orangeburg Co.........
1078. Texas                       Upgrade State Highway           6.92
                                   35 Houston District
                                   Brazoria County.......
1079. Maryland                    Improve Halfway                    3
                                   Boulevard east and
                                   west of Exit 5, I-81
                                   in Washington County..
1080. California                  Upgrade D Street                 0.9
                                   between Grand and
                                   Second Streets,
                                   Hayward...............
1081. New Jersey                  Undertake improvements            12
                                   associated with the
                                   South Amboy Regional
                                   Intermodal Center.....
1082. New York                    Replace Kennedy-class             30
                                   ferries, Staten Island
1083. Texas                       Expand Winters Freeway           8.4
                                   (US83/84) in Abilene
                                   between Southwest
                                   Drive and US 277......
1084. Maine                       Replacement and                    6
                                   renovation of Carlton
                                   Bridge, Bath/Woolwich.
1085. New York                    Rahabilitate Jay                0.75
                                   Covered Bridge in
                                   Essex County..........
1086. Minnesota                   Construct Elk River              2.4
                                   bypass from 171st
                                   Avenue at Highway 10
                                   to intersection of
                                   County Roads 12 and 13
                                   at Highway 169........
1087. Pennsylvania                Construct Route 72            6.6075
                                   overpass at Conrail in
                                   Lebanon...............
1088. Indiana                     Upgrade Route 31 and             4.5
                                   other roads, St.
                                   Joseph and Elkhart
                                   Counties..............
1089. California                  Install call boxes             0.216
                                   along Highway 166
                                   between intersection
                                   with Highway 101 and
                                   junction with Highway
                                   33....................
1090. New Hampshire               Construct Chestersfield        2.536
                                   Bridge................
1091. Oregon                      Construct bike path             1.17
                                   between Terry Street
                                   and Greenhill Road,
                                   Eugene................
1092. Dist. of Col.               Conduct MIS of light            0.75
                                   rail corridors, D.C...
1093. Arkansas                    Enhance area in the            1.125
                                   vicinity of Dickson
                                   Street in Fayetteville
1094. Pennsylvania                Extend North Delaware            4.2
                                   Ave. between Lewis St.
                                   and Orthodox St.,
                                   Philadelphia..........
1095. Indiana                     Reconstruct Wheeling             1.2
                                   Avenue in Muncie......
1096. Ohio                        Construct interchange            3.5
                                   at I-480 in
                                   Independence, Ohio....
1097. Pennsylvania                Relocate PA 18 between          1.05
                                   9th Ave. and 32nd St.,
                                   Beaver Falls..........
1098. Alabama                     Construct Eastern Shore      1.01625
                                   Trail project in
                                   Fairhope, Alabama.....
1099. Maine                       Studies and planning           2.125
                                   for extension of I-95.
1100. Alabama                     Replace bridge over             2.25
                                   Tombigbee River,
                                   Naheola...............
1101. Illinois                    Reconstruct Cossitt            1.485
                                   Ave. in LaGrange......
1102. New York                    Improve Broadway in             1.26
                                   North Castle in
                                   Westchester County....
1103. New York                    Construct access                  12
                                   improvements to Port
                                   of Rochester Harbor,
                                   Rochester.............
1104. Illinois                    Reconstruct Broad             0.2625
                                   Street between Maple
                                   St. to Sixth St.,
                                   Evansville............
1105. California                  Widen SR-71 from                  13
                                   Riverside County to SR-
                                   91....................
1106. Alabama                     Construct improvements         0.675
                                   to 19th Street between
                                   I-59 and Tuxedo
                                   Junction, Birmingham..
1107. Pennsylvania                Improve safety on PA-41            6
                                   from US-30 to PA-926..
1108. Texas                       Construct 6th and 7th          0.375
                                   Street overpass over
                                   railroad yard,
                                   Brownsville...........
1109. California                  Upgrade intersection of          7.5
                                   Folsom Blvd. and Power
                                   Inn Rd., Sacramento...
1110. Illinois                    Replace Gaumer Bridge            0.9
                                   near Alvin............
1111. Minnesota                   Upgrade TH6 between              0.9
                                   Talmoon and Highway 1.
1112. Michigan                    Extend Trowbridge Road         1.875
                                   from Harrison Rd. to
                                   Red Cedar Rd..........
1113. New York                    Reconstruct Flushing            2.25
                                   Avenue between Wycoff
                                   Avenue and Gates
                                   Street................
1114. California                  Construct I-580                  9.9
                                   interchange, Livermore
1115. Illinois                    Upgrade South Lake              5.85
                                   Shore Driver between
                                   47th and Hayes,
                                   Chicago...............
1116. Pennsylvania                Improve PA 26 in                0.75
                                   Huntingdon County.....
1117. Virgin Islands              Construct bypass around            6
                                   Christiansted.........
1118. New Mexico                  Complete the Paseo del         3.325
                                   Norte East Corridor in
                                   Bernalillo County.....
1119. California                  Upgrade Industrial              0.45
                                   Parkway Southwest
                                   between Whipple Rd.
                                   and improved segment
                                   of the parkway,
                                   Hayward...............
1120. Kansas                      Widen US-81 from               20.85
                                   Minneapolis, Kansas to
                                   Nebraska..............
1121. New York                    Construct sound                0.375
                                   barriers on Grand
                                   Central Parkway
                                   between 244th Street
                                   and Douglaston Parkway
1122. New York                    Construct Bike Paths            0.25
                                   along the Bronx River
                                   in Bronx Park.........
1123. Pennsylvania                Conduct preliminary             0.75
                                   engineering and design
                                   for the US-219 bypass
                                   of Bradford...........
1124. Utah                        Widen and improve 123rd/         6.3
                                   126th South from 700
                                   East to Jordan River
                                   in Draper.............
1125. California                  Construct Olympic                  5
                                   Training Center Access
                                   road, Chula Vista.....
1126. Florida                     Pedestrian safety                5.1
                                   initiative on US-19 in
                                   Pinellas County.......
1127. Texas                       Construct US Highway 59        2.625
                                   railroad crossing
                                   overpass in Texarkana.
1128. Illinois                    Widen and improve US-34            6
                                   intechange in Aurora..
1129. Connecticut                 Construct Hartford              2.64
                                   Riverwalk South,
                                   Hartford..............
1130. New York                    Rehabilitate                       1
                                   transportation
                                   facilities in CO-OP
                                   City..................
1131. Florida                     Widen and realign Eller          4.2
                                   Drive in Port
                                   Everglades, Florida...
1132. Mississippi                 Construct I-20                  0.75
                                   interchange at Pirate
                                   Cove..................
1133. Mississippi                 Widen US-98 from Pike         0.6875
                                   County to Foxworth....
1134. Pennsylvania                Improve Route 219 in            0.75
                                   Clearfield County.....
1135. Michigan                    Replace Barton Rd./M-14         0.75
                                   interchange, Ann Arbor
1136. Nebraska                    Construct the Antelope         5.625
                                   Valley Overpass in
                                   Lincoln...............
1137. New York                    Reconstruct Niagara            2.625
                                   St., Quay St., and 8th
                                   St. including
                                   realignment of Qual
                                   St. and 8th Ave. in
                                   Niagara Falls.........
1138. California                  Upgrade and synchronize        17.25
                                   traffic lights in the
                                   Alameda Corridor East
                                   in Los Angeles County.
1139. Illinois                    Widen US-20 in Freeport        3.825
1140. Kentucky                    Reconstruct Liberty and            6
                                   Todd Roads, Lexington.
1141. New Jersey                  Upgrade Montvale/              0.375
                                   Chestnut Ridge Road
                                   and Grand Avenue
                                   intersection at Garden
                                   State Parkway in
                                   Bergan County.........
1142. California                  Widen SR-23 between             10.5
                                   Moorpark and Thousand
                                   Oaks..................
1143. Utah                        Extend Main Street from        10.35
                                   5600 South to Vine
                                   Street in Murray......
1144. Pennsylvania                Construct access road           3.05
                                   to Hastings Industrial
                                   Park, Cambria Co......

[[Page H3843]]

 
1145. New Jersey                  Improve Old York Road/          4.98
                                   Rising Run Road
                                   intersection in
                                   Burlington............
1146. Michigan                    Construct deceleration         0.015
                                   lane in front of 4427
                                   Wilder Road, Bay City.
1147. Pennsylvania                Construct I-81 noise            0.48
                                   abatement program in
                                   Dauphin County........
1148. Washington                  Construct Peace Arch             4.9
                                   Crossing of Entry
                                   (PACE) lane in Blaine.
1149. New York                    Traffic Mitigation                 3
                                   Project on William
                                   Street and Losson Road
                                   in Cheektowaga........
1150. Arkansas                    Construct North Belt            5.25
                                   Freeway...............
1151. Ohio                        Improve and widen SR-91         4.25
                                   from SR-43 south to
                                   county line/city line
                                   in Solon..............
1152. Texas                       Upgrade US Rt. 59                 12
                                   between US 281 to I-37
1153. Michigan                    Construct M-24 Corridor            2
                                   from I-69 to southern
                                   Lapeer County.........
1154. Tennessee                   Construct greenway and           3.2
                                   bicycle path corridor,
                                   City of White House...
1155. Massachusetts               Rehabilitate Union                12
                                   Station in Springfield
1156. Pennsylvania                Install citywide                0.75
                                   signalization (SAMI)
                                   project in Lebanon....
1157. Washington                  Widen SR-543 from I-5           10.2
                                   to International
                                   Boundary, Washington..
1158. Hawaii                      Replace Sand Island             0.75
                                   bridge................
1159. West Virginia               Upgrade Route 10                  50
                                   between Logan and Man.
1160. Florida                     Expand Palm Valley               3.1
                                   Bridge in St. Johns
                                   County................
1161. Michigan                    Improve US-31 from              2.25
                                   Holland to Grand Haven
1162. Florida                     Upgrade U.S. 319                3.75
                                   between I-10 and the
                                   Florida/Georgia State
                                   line..................
1163. Colorado                    Improve SH-74/JC-73            4.188
                                   interchange, City of
                                   Evergreen in Jefferson
                                   County, Colorado......
1164. Pennsylvania                Improve Route 94                   6
                                   Corridor through
                                   Hanover to Maryland
                                   State Line............
1165. California                  Undertake San Pedro            1.125
                                   Bridge project at SR
                                   1, Pacifica...........
1166. Michigan                    Upgrade Tittabawasee               3
                                   Road between Mackinaw
                                   Road and Midland Road,
                                   Saginaw Co............
1167. Illinois                    Improve IL-159 in            3.20625
                                   Edwardsville..........
1168. Virginia                    Improve East Eldon             0.375
                                   Street in Herndon.....
1169. Texas                       Construct Cleveland           10.125
                                   Bypass................
1170. Utah                        Widen SR-36 from I-80           2.25
                                   to Mills Junction.....
1171. New Jersey                  Eliminate Berlin Circle            6
                                   and signalize
                                   intersection in Camden
1172. Arkansas                    Upgrade US Rt. 412,              7.5
                                   Fulton County line to
                                   Missouri State line...
1173. California                  Upgrade Del Almo                   5
                                   Boulevard at I-405....
1174. Pennsylvania                Improve access to               2.15
                                   McKeesport-Duquesne
                                   Bridge................
1175. North Carolina              Construct US-64/264 in          0.75
                                   Dare County...........
1176. California                  Construct Gene Autry            6.75
                                   Way/I-5 Access
                                   project, Anaheim......
1177. Arizona                     Construct Veterans'            11.25
                                   Memorial overpass in
                                   Pima Co...............
1178. Virginia                    Conduct preliminary                3
                                   engineering on I-73
                                   between Roanoke and
                                   Virginia/North
                                   Carolina State line...
1179. Mississippi                 Upgrade roads,                3.3075
                                   Washington Co.........
1180. Tennessee                   State Highway 109               1.84
                                   upgrade planning and
                                   engineering, Sumner
                                   Co....................
1181. Florida                     Construct John Young               6
                                   Parkway/I-4
                                   interchange...........
1182. Illinois                    Rehabilitate and              1.7715
                                   upgrade 87th Street
                                   Station to improve
                                   intermodal access.....
1183. Ohio                        Upgrade SR 124 between          3.75
                                   Five Points and
                                   Ravenswood Bridge,
                                   Meigs Co..............
1184. Colorado                    Construct Broadway                 3
                                   Viaduct, Denver.......
1185. New York                    Construct Bay Shore             7.53
                                   Road SR-231 to SR-27
                                   in Suffolk County.....
1186. North Dakota                Construct Jamestown              3.6
                                   bypass................
1187. Ohio                        Upgrade State Route 18          1.55
                                   between I-71 and I-77.
1188. California                  Construct Overland              3.75
                                   Drive overcrossing in
                                   Temecula..............
1189. Ohio                        Upgrade U.S. Route 422          4.72
                                   through Girard........
1190. Mississippi                 Widen MS-45 from               3.375
                                   Brooksville to US-82
                                   in Mississippi........
1191. California                  Extend Highway 41 in             5.5
                                   Madera County.........
1192. Missouri                    Construction and            24.97725
                                   upgrade of US-71/I-49
                                   in Newton and McDonald
                                   County, Missouri......
1193. North Carolina              Upgrade US-158 in               2.25
                                   Warren and Halifax
                                   Counties..............
1194. Illinois                    Reconstruct I-74                   2
                                   through Peoria........
1195. Minnesota                   Construct Shepard Road/         2.25
                                   Upper Landing
                                   interceptor, St. Paul.
1196. Texas                       Construct segment lof a         13.5
                                   bypass to I-35 known
                                   as SH-130. The State
                                   of Texas shall consult
                                   with all appropriate
                                   local officials,
                                   representatives of the
                                   affected local
                                   communities, and
                                   provide for public
                                   comment prior to
                                   determining a final
                                   alignment for the
                                   project...............
1197. Washington                  Redevelop Port of               0.05
                                   Anacortes waterfront..
1198. California                  Construct I-15 Galinas         6.375
                                   interchange in
                                   Riverside County......
1199. New Jersey                  Replace Kinnaman Avenue          1.2
                                   bridge over Pohatcong
                                   Creek in Warren county
1200. Michigan                    Upgrade (all weather)          1.275
                                   on US 2, US 41, and M
                                   35....................
1201. Maine                       Upgrade Route 11.......            3
1202. Rhode Island                Reconstruct Harris               1.5
                                   Ave., Woonsocket......
1203. Oregon                      Construct bike path             0.23
                                   between Main Street/
                                   Highway 99 in Cottage
                                   Grove to Row River
                                   Trail, Cottage Grove..
1204. Maine                       Improve Route 26.......        1.125
1205. New York                    Rehabilitate Third               1.5
                                   Avenue Bridge over
                                   Harlem River, New York
                                   City..................
1206. New Hampshire               Construct the Keene            4.899
                                   bypass................
1207. New Jersey                  Construct grade                 3.75
                                   separation of Route 35
                                   and Tinton falls and
                                   extend Shrewsbury
                                   Avenue in Monmouth....
1208. California                  Reconstruct La Loma             2.25
                                   Bridge in Pasadena....
1209. Indiana                     Remove and replace             1.605
                                   Walnut Street in
                                   Muncie................
1210. Arkansas                    Construct US-270 East-         6.875
                                   West Arterial in Hot
                                   Springs...............
1211. Oklahoma                    Reconstruct and widen I-     72.7875
                                   40 Crosstown Bridge
                                   and Realignment in
                                   downtown Oklahoma
                                   City, including
                                   demolition of the
                                   existing bridge,
                                   vehicle approach
                                   roads, interchanges,
                                   intersections,
                                   signalization and
                                   supporting structures
                                   between I-35 and I-44.
1212. Texas                       Widen Meacham Boulevard            2
                                   from I-35W to FM-146
                                   and extend Meacham
                                   Boulevard from west of
                                   FM-156 to North Main
                                   Street................
1213. Minnesota                   Upgrade CSAH 116 north           1.2
                                   of CSAH 88 in Ely.....
1214. Mississippi                 Upgrade West County             8.25
                                   Line Road, City of
                                   Jackson...............
1215. California                  Construct Imperial            12.515
                                   Highway grade
                                   separation and sound
                                   walls at Esperanza
                                   Road/Orangethorpe
                                   Avenue in Yorba Linda,
                                   California............
1216. Nevada                      Widen I-15 from                1.875
                                   California State line
                                   to Las Vegas..........
1217. Connecticut                 Improve and realign            1.515
                                   Route 8 in Winchester.
1218. Oklahoma                    Reconstruct US-70 in            0.11
                                   Marshall and Bryan
                                   Counties..............
1219. Pennsylvania                Construct California               1
                                   University of
                                   Pennsylvania
                                   intermodal facility...
1220. Arkansas                    Construct turning lanes       0.1875
                                   at US-71/AR-8
                                   intersection in Mena..
1221. Michigan                    Construct intermodal              18
                                   freight terminal in
                                   Wayne Co..............
1222. Pennsylvania                Improve PA 17 from PA           0.75
                                   274 to PA 850 in Perry
                                   County................
1223. Indiana                     Install traffic                0.675
                                   signalization system
                                   in Muncie.............
1224. Illinois                    Upgrade US 40 in               0.094
                                   Martinsville..........
1225. Indiana                     Construct SR-9 bypass         2.3625
                                   in Greenfield.........
1226. Kentucky                    Conduct feasibility            0.375
                                   study for Northern
                                   Kentucky High Priority
                                   Corridor (I-74).......
1227. Hawaii                      Construct interchange            1.5
                                   at junction of
                                   proposed North-South
                                   road and H-1..........
1228. Florida                     Construct improvements          0.75
                                   to JFK Boulevard,
                                   Eatonville............
1229. Mississippi                 Construct access                0.75
                                   improvments to various
                                   roads, Humphreys Co...
1230. South Dakota                Construct Heartland            6.505
                                   Expressway Phase I....
1231. Illinois                    Construct Raney Street           4.4
                                   Overpass in Effingham.
1232. Texas                       Road improvements along        1.875
                                   historic mission
                                   trails in San Antonio.
1233. New York                    Construct Elmira                2.25
                                   Arterial from Miller
                                   to Cedar..............
1234. Ohio                        Construct a new                  7.1
                                   interchange at County
                                   Road 80 and I-77 in
                                   Dover with $100,000 to
                                   preserve or
                                   reconstruct the
                                   Tourism Information
                                   Center................
1235. California                  Construct Airport Blvd.            6
                                   interchange in Salinas
1236. Massachusetts               Construct South               14.225
                                   Weymouth Naval Air
                                   Station Connectivity
                                   Improvements..........
1237. Illinois                    Construct new entrance           6.5
                                   to Midway Airport
                                   Terminal..............
1238. West Virginia               Preliminary                        2
                                   engineering, design
                                   and construction of
                                   the Orgas to Chelayn
                                   Road, Boone Co........
1239. New Jersey                  Construct US-22/Chimney        17.25
                                   Rock Road interchange
                                   in Somerset County....
1240. Kansas                      Reconstruct K-7 from            2.79
                                   Lone Elm Road to
                                   Harrison..............
1241. Pennsylvania                Install traffic signal         0.375
                                   upgrade in Clearfield
                                   Borough in Clearfield
                                   County................
1242. Missouri                    Construct Grand Ave.            1.65
                                   viaduct over Mill
                                   Creek Valley in St.
                                   Louis.................
1243. Pennsylvania                Construct improvements            11
                                   to North Shore Roadway
                                   and access in the city
                                   of Pittsburgh.........
1244. West Virginia               Construct improvements           0.2
                                   on WV 9 including
                                   turning lane and
                                   signalization, Berkely
                                   Co....................
1245. New York                    Conduct Trans-Hudson               3
                                   Freight Improvement
                                   MIS, New York City....
1246. West Virginia               Upgrade Route 2 in                10
                                   Cabell Co., including
                                   the relocation of
                                   Route 2 to provide for
                                   a connection to I-64
                                   (Merrick Creek
                                   Connector)............
1247. New Hampshire               Construct Hindsale             2.536
                                   Bridge................
1248. Washington                  Reconstruct I-82/SR-24          6.48
                                   intersection and add
                                   lanes on SR- 24 to
                                   Keys Road.............
1249. Iowa                        Construct controlled           9.525
                                   access four-lane
                                   highway between Des
                                   Moines and Burlington.
1250. Pennsylvania                Construct bicycle and          0.125
                                   pedestrian facility
                                   between Boston Bridge
                                   and McKee Point Park,
                                   Allegheny Co..........
1251. Ohio                        Upgrade and widen US-24        17.25
                                   from I-469 to I-475...
1252. Texas                       Upgrade FM517 between          2.892
                                   Owens and FM 3346,
                                   Galveston.............
1253. Idaho                       Construct US-95:                13.5
                                   Sandcreek Alternate
                                   Route in Sandpoint....

[[Page H3844]]

 
1254. New Jersey                  Replace Calhoun Street         0.975
                                   Bridge in Trenton.....
1255. California                  Construct Cabot-Camino           1.5
                                   Capistrano Bridge
                                   project in Southern
                                   Orange County.........
1256. Pennsylvania                Construct PA 16 Truck            1.5
                                   climbing lane in
                                   Franklin County.......
1257. New York                    Construct Eastern Long         11.25
                                   Island Scenic Byway in
                                   Suffolk County........
1258. Texas                       Construct Loop 197,           3.2175
                                   Galveston.............
1259. Illinois                    Construct Western              0.925
                                   Springs Pedestrian and
                                   Tunnel project, Cook
                                   Co....................
1260. Georgia                     Construct the Savannah           7.5
                                   River Parkway in
                                   Bullock, Jenkins,
                                   Screven and Effinghaus
                                   Counties..............
1261. Mississippi                 Construct connector            6.375
                                   between US-90 and I-10
                                   in Biloxi.............
1262. American Samoa              Construct drainage              3.75
                                   system improvements
                                   associated with
                                   highway construction
                                   on Tutilla Island,
                                   American Samoa........
1263. Maryland                    Implement city-wide           13.275
                                   signal control system
                                   replacements and
                                   improvements in
                                   Baltimore.............
1264. West Virginia               Construct I-81                  5.05
                                   interchange,
                                   Martinsburg...........
1265. Alabama                     Replace pedestrian             0.075
                                   bridges at Village
                                   Creek and Valley
                                   Creek, Birmingham.....
1266. Virginia                    Improve Route 123 from         11.25
                                   Route 1 to Fairfax
                                   County line in Prince
                                   William County,
                                   Virginia..............
1267. New Mexico                  Improve US-70 from I-25        18.75
                                   to Organ in New
                                   Mexico................
1268. Pennsylvania                Undertake                       5.25
                                   transportation
                                   enhancement activities
                                   within the Lehigh
                                   Landing Area of the
                                   Delaware and Lehigh
                                   Canal National
                                   Heritage Corridor.....
1269. New York                    Implement Melrose               0.75
                                   Commons geographic
                                   information system....
1270. Alabama                     Construct repairs to            0.45
                                   Pratt Highway Bridge,
                                   Birmingham............
1271. Texas                       Construct Spur 10 from             3
                                   SH-36 to US-59........
1272. Nebraska                    Replace US-81 bridge           1.125
                                   between Yankton, south
                                   Dakota and Cedar
                                   County, Nebaska.......
1273. California                  Construct Centennial           15.75
                                   Transportation
                                   Corridor..............
1274. Minnesota                   Construct Phalen Blvd.          9.75
                                   between I-35E and I-94
1275. California                  Reconstruct Palos             0.3375
                                   Verdes Drive, Palos
                                   Verdes Estates........
1276. Pennsylvania                Facilitate coordination            3
                                   of transportation
                                   systems at
                                   intersection of 46th
                                   and Market, and
                                   enhance access and
                                   related measures to
                                   area facilities
                                   including purchase of
                                   vans for reverse
                                   commutes, Philadelphia
1277. Indiana                     Improve Southwest                 27
                                   Highway from
                                   Bloomington to
                                   Evansville............
1278. Pennsylvania                Construct an access            28.18
                                   road in Bedford
                                   Springs, Pennsylvania,
                                   along Old U.S. 220 to
                                   the Springs Project
                                   and to construct other
                                   facilities to
                                   facilitate movement of
                                   traffic within the
                                   site and construction
                                   of a parking facility
                                   to be associatied
                                   therewith or other
                                   projects in the
                                   counties of Bedford ,
                                   Blair, Fulton,
                                   Franklin, Mifflin,
                                   Fulton and Clearfield,
                                   and Huntingdon, as
                                   selected by the State
                                   of Pennsylvania.......
1279. Washington                  Undertake FAST Corridor           24
                                   improvements with the
                                   amounts provided as
                                   follows: $12,000,000
                                   to construct the North
                                   Duwamish Intermodal
                                   Project, $3,375,000
                                   for the Port of Tacoma
                                   Road project,
                                   $2,250,000 for the SW
                                   Third St./BSNF project
                                   in Auburn, $1,500,000
                                   for the S.277th St./
                                   BNSF project in Auburn/
                                   Kent, $1,500,000 for
                                   the S.277th St./UP
                                   project in Auburn
                                   Kent, $1,500,000 for
                                   the S. 180th St. E/
                                   BSNF project in
                                   Tukwila, $750,000 for
                                   the 8th St. E/BSNF
                                   project in Pierce Co.,
                                   and $1,125,000 for the
                                   Shaw Rd. extension
                                   Puyallup..............
1280. Ohio                        Construct interchange           5.56
                                   at SR 11 and King
                                   Graves Rd. in Trumball
                                   Co....................
1281. Michigan                    Apply ITS technologies         2.775
                                   relating to traffic
                                   control, Lansing......
1282. California                  Stabilize US-101 at             0.65
                                   Wilson Creek..........
1283. Michigan                    Construct interchange           8.25
                                   at Eastman Avenue/US-
                                   10 in Midland.........
1284. Arkansas                    Enhance area around the          0.3
                                   Paris Courthouse in
                                   the vicinity of
                                   Arkansas Scenic
                                   Highway 22 and
                                   Arkansas Scenic
                                   Highway 309, Paris
                                   Arkansas..............
1285. Mississippi                 Upgrade Hampton Lake            0.66
                                   Road, Tallahatchie Co.
1286. Illinois                    Undertake improvements          0.75
                                   to Campus
                                   Transportation System.
1287. Virginia                    Construct access road,         0.225
                                   walking trail and
                                   related facilities for
                                   the Nicholsville
                                   Center, Scott Co......
1288. Pennsylvania                Improve intersection of          3.5
                                   U.S., S.R. 3066, and
                                   West Allegheny Road,
                                   North Fayette Township
1289. Arkansas                    Construct Highway 425          5.375
                                   from Pine Bluff to the
                                   Louisiana State line..
1290. Pennsylvania                Construct Independence           5.5
                                   Gateway Transportation
                                   Center project,
                                   Philadelphia..........
1291. Minnesota                   Upgrade Perpich                  2.1
                                   Memorial from CR-535
                                   to CSAH 111...........
1292. Texas                       Construct US Rt. 67             5.25
                                   Corridor through San
                                   Angelo................
1293. Pennsylvania                Construct improvements             2
                                   to roadway and parking
                                   facility in the
                                   vicinity of St.
                                   Francis College,
                                   Cambria County........
1294. Missouri                    Construct extension of           0.6
                                   bike path between
                                   Soulard market area
                                   and Riverfront bike
                                   trail in St. Louis....
1295. New York                    Construct intermodal           8.687
                                   facility in Yonkers,
                                   Westchester Co........
1296. Maryland                    Construct intersection          2.25
                                   improvements to
                                   facilitate access to
                                   NSA facility, Anne
                                   Arundel Co............
1297. Massachusetts               Undertake vehicular and         1.56
                                   pedestrian movement
                                   improvments within
                                   Central Business
                                   District of Foxborough
1298. Kentucky                    Construct KY-70 from             1.5
                                   Cave City to Mammoth
                                   Cave..................
1299. Virginia                    Construct Main Street              6
                                   Station in Richmond...
1300. New Hampshire               Improve 3 Pisquataqua           1.65
                                   River Bridges on the
                                   New Hampshire - Maine
                                   border................
1301. Pennsylvania                Construct Abbey Trails          0.45
                                   in Abington Township..
1302. Hawaii                      Upgrade Kaumualii               8.25
                                   Highway...............
1303. North Carolina              Upgrade and improve US-           15
                                   19 from Maggie Valley
                                   to Cherokee...........
1304. Maine                       Replace Ridlonville            1.125
                                   Bridge across
                                   Androscoggin River....
1305. Mississippi                 Upgrade and widen US-49       0.6875
                                   in Rankin, Simpson,
                                   and Covington Counties
1306. Texas                       Upgrade SH 30,                 1.875
                                   Huntsville............
1307. California                  Reconstruct the I-710/            12
                                   Firestone Blvd.
                                   interchange...........
1308. Pennsylvania                Widen US 30 from Walker          1.5
                                   Rd to Fayetteville in
                                   Franklin County.......
1309. Virginia                    Construct Southeastern             3
                                   Parkway and Greenbelt
                                   in Virginia Beach.....
1310. Illinois                    Replace State Route 47         14.25
                                   Bridge in Morris......
1311. Texas                       Upgrade Highway 271              1.5
                                   between Paris and
                                   Pattonville...........
1312. Minnesota                   Improve roads, Edge of           4.5
                                   Wilderness, Grand
                                   Rapids to Effie.......
1313. Arizona                     Reconstruct I-19, East           7.5
                                   Side Frontage Road,
                                   Ruby Road to Rio Rico
                                   Drive, Nogales........
1314. North Carolina              Construct I-85                22.125
                                   Greensboro Bypass in
                                   Greensboro, North
                                   Carolina..............
1315. New York                    Improve access to I-84/         2.21
                                   Dutchess intermodal
                                   facility in Dutchess
                                   County................
1316. Illinois                    Construct I-88                   1.5
                                   interchange at Peace
                                   Road in Dekalb........
1317. North Dakota                Upgrade US Rt. 52,               2.1
                                   Kenmare to Donnybrook.
1318. South Carolina              Construct improvements          6.75
                                   to I-95/SC 38
                                   interchange...........
1319. Arkansas                    Construct Highway 15           0.875
                                   from Connector Road to
                                   Railroad Overpass in
                                   Pine Bluff............
1320. New York                    Reconstruct 79th Street            7
                                   Traffic Circle, New
                                   York City.............
1321. California                  Extend State Route 52           2.25
                                   in San Diego..........
1322. California                  Construct Sacramento               3
                                   Intermodal Station....
1323. Illinois                    Construct Central Ave.-          3.7
                                   Narragansett Ave.
                                   connector, Chicago....
1324. Pennsylvania                Construct Walnut Street         0.75
                                   pedestrian bridge in
                                   Dauphin County........
1325. Indiana                     Conduct rail-highway           0.075
                                   feasibility project
                                   study in Muncie.......
1326. Georgia                     Upgrade US Rt. 27......          7.5
1327. Michigan                    Improve Hoban Road and          0.84
                                   Grand Avenue, City of
                                   Mackinac Island.......
1328. Washington                  Construct Cross Base           0.375
                                   Corridor, Fort Lewis-
                                   McChord AFB...........
1329. Illinois                    Construct bicycle/               5.5
                                   pedestrian trail
                                   parallel to light rail
                                   transit system in St.
                                   Clair co..............
1330. Pennsylvania                Improve Bedford County           1.5
                                   Business Park Rd in
                                   Bedford County........
1331. Louisiana                   Construct Port of St.          1.575
                                   Bernard Intermodal
                                   facility..............
1332. New York                    Construct bridge deck           0.75
                                   over the Metro North
                                   right-of-way along
                                   Park Ave. between E.
                                   188th and 189th
                                   Streets...............
1333. Ohio                        Conduct feasibility              0.5
                                   study for the
                                   construction of
                                   Muskingum County South
                                   93-22-40 connector....
1334. South Carolina              Upgrade US Highway 301           3.2
                                   within Bamberg........
1335. Virginia                    Construct road                  0.25
                                   improvements,
                                   trailhead and related
                                   facilities for Birch
                                   Knob Trail on
                                   Cumberland Mountain...
1336. Kansas                      Widen US-169 in Miami          12.15
                                   County................
1337. Texas                       Construct extension of          0.75
                                   Bay Area Blvd.........
1338. New Jersey                  Construct highway                5.5
                                   connector between
                                   Interstate Route 1&9
                                   (Tonelle Ave.) and the
                                   New Jersey Turnpike at
                                   Secaucus Intermodal
                                   Transfer Rail Station
                                   and the Trans Hudson
                                   Corridor at the Bergen
                                   Arches arterial
                                   roadway...............
1339. California                  Modify HOV lanes, Marin         5.25
                                   Co....................
1340. California                  Widen US-101 from               8.75
                                   Petaluma Bridge to
                                   Novato................
1341. Arkansas                    Construct US 63                  1.5
                                   interchange with
                                   Washington Ave. and
                                   Highway 63B...........
1342. Louisiana                   Kerner's Ferry Bridge           0.75
                                   Replacement project...
1343. Pennsylvania                Reconstruct I-95/Street       1.3275
                                   Road interchange in
                                   Bucks County..........
1344. New York                    Upgrade Frederick                  9
                                   Douglas Circle, New
                                   York City.............
1345. Pennsylvania                Improve PA 453 from             0.75
                                   Water Street to Tyrone
                                   in Huntingdon County..
1346. Oregon                      Acquire and rennovate              2
                                   facility to serve as
                                   multimodal
                                   transportation center,
                                   Eugene................
1347. Alabama                     Construct improvements          0.75
                                   to Ensley Avenue
                                   between 20th St. and
                                   Warrior Rd.,
                                   Birmingham............
1348. Alaska                      Extend West Douglas            2.475
                                   Road..................
1349. Pennsylvania                Construction of noise            0.8
                                   barriers along State
                                   Route 28, Aspinwall...
1350. Mississippi                 Replace Greenville               1.0
                                   River Bridge in
                                   Washington County.....
1351. Illinois                    Reconstruct Claire            0.2475
                                   Blvd., Robbins........
1352. New Jersey                  Reconstruct South                  6
                                   Pembrton Road from
                                   Route 206 to Hanover
                                   Street................
1353. Kentucky                    Reconstruct US-231:            8.625
                                   $5,625,000 for the
                                   segment between Dry
                                   Ridge Road and US-231
                                   and US-31; $3,000,000
                                   for the segment
                                   between Allen-Warren
                                   County line and Dry
                                   Ridge Road............

[[Page H3845]]

 
1354. Indiana                     Undertake safety and             1.5
                                   mobility improvements
                                   involving street and
                                   street crossings and
                                   Conrail line, Elkhart.
1355. New York                    Construct sound                  0.3
                                   barriers on east side
                                   of Clearview
                                   Expressway between
                                   15th Road and Willets
                                   Point Blvd............
1356. Tennessee                   Construct Franklin Road            2
                                   interchange and bypass
1357. New Jersey                  Construct, reconstruct             2
                                   and integrate multi-
                                   transportation modes --
                                    international airport
                                   and seaport, rail,
                                   national highway
                                   system and brownfields
                                   -- to establish an
                                   international
                                   intermodal
                                   transportation center
                                   and corridor between
                                   and within the cities
                                   of Bayonne, Elizabeth
                                   and Newark, New Jersey
1358. Louisiana                   Construct I-49                   4.2
                                   interchange at Caddo
                                   Port Road in
                                   Shreveport............
1359. Oklahoma                    Conduct study of                0.16
                                   Highway 3 in
                                   McCurtain, Pushmataha
                                   and Atoka Counties....
1360. North Carolina              Construct US-117, the          2.625
                                   Elizabeth City Bypass
                                   in Pasquotank County..
1361. North Carolina              Upgrade US 13                   0.75
                                   (including Ahoskie
                                   bypass) in Bertie and
                                   Hertford Counties.....
1362. California                  Extend Route 46                    6
                                   expressway in San Luis
                                   Obispo Co.............
1363. Illinois                    Construct improvements         2.625
                                   to New Era Road,
                                   Carbondale............
1364. New York                    Construct congestion           1.875
                                   mitigation project for
                                   Riverhead.............
1365. California                  Upgrade Riverside            0.69375
                                   Avenue/I-10
                                   interchange, Rialto...
1366. California                  Construct I-10                   1.5
                                   Tippecanoe/Anderson
                                   interchange project in
                                   Loma Linda and San
                                   Bernardino County,
                                   California............
1367. Colorado                    Construct C-470/I-70           4.187
                                   ramps in Jefferson Co.
1368. Washington                  Conduct feasibility             0.75
                                   study of State Route
                                   35 Hood River bridge
                                   in White Salmon.......
1369. Tennessee                   Construct Landport                 8
                                   regional
                                   transportation hub,
                                   Nashville.............
1370. Pennsylvania                Upgrade roadway in the         15.15
                                   Princeton/Cottman I-95
                                   interchange and
                                   related improvements,
                                   Philadelphia..........
1371. Washington                  Construct Sequim/               0.75
                                   Dungeness Valley trail
                                   project...............
1372. Maryland                    Construct phase 1A of          11.25
                                   the I-70/I-270/US-340
                                   interchange in
                                   Frederick County......
1373. American Samoa              Upgrade village roads           8.25
                                   on Tutuila/Manua
                                   Island, American Samoa
1374. Virginia                    Improve Lee Highway             1.35
                                   Corridor in Fairfax,
                                   Virginia..............
1375. Michigan                    Preliminary engineering        1.125
                                   and right-of-way
                                   acquisition for
                                   "Intertown South"
                                   route of US 31 bypass,
                                   Emmet County..........
1376. Missouri                    Construction of airport         3.75
                                   ground transportation
                                   terminal for the
                                   Springfield/Branson
                                   Airport intermodal
                                   facility in
                                   Springfield, Missouri.
1377. Ohio                        Upgrade SR 7 (Eastern            1.5
                                   Ave.) to improve
                                   traffic flow into
                                   Gallipolis, Gallia Co.
1378. Michigan                    Construct US-27 between        6.375
                                   St. Johns and Ithaca..
1379. Washington                  Construct SR 167               1.125
                                   Corridor, Tacoma......
1380. Washington                  Widen US-395 in the              5.5
                                   vicinity of mile post
                                   170 north of Spokane..
1381. Iowa                        Construct overpass to          3.475
                                   eliminate railroad
                                   crossing in Burlington
1382. Missouri                    Improve safety and                 6
                                   traffic flow on Rt. 13
                                   through Clinton.......
1383. Florida                     Construct Alden Road           0.525
                                   Improvement Project in
                                   Orange County.........
1384. Dist. of Col.               Implement traffic                  6
                                   signalization, freeway
                                   management and motor
                                   vehicle information
                                   systems, Washington,
                                   D.C...................
1385. Wisconsin                   Construct freeway                 16
                                   conversion project on
                                   Highway 41 between
                                   Kaukauna and Brown
                                   County Highway F......
1386. Illinois                    Construct crossings            9.375
                                   over Fox River in Kane
                                   County................
1387. Mississippi                 Construct US-84 from          0.6875
                                   Eddiceton to Auburn
                                   Road..................
1388. Illinois                    Construct US-67 in               5.1
                                   Madison and Jersey
                                   Counties..............
1389. South Carolina              Construct Calhoun/               6.5
                                   Clarendon Causeway....
1390. Florida                     Construct safety                2.25
                                   improvements and
                                   beautification along
                                   U.S. 92, Daytona Beach
1391. Pennsylvania                Realign PA29 in the            0.495
                                   Borough of
                                   Collegeville,
                                   Montgomery County,
                                   Pennsylvania..........
1392. Pennsylvania                Construct Towamencin            2.61
                                   Township multimodal
                                   center................
1393. Maryland                    Construct improvements           2.4
                                   to Route 50
                                   interchange with
                                   Columbia Pike, Prince
                                   Georges Co............
1394. Illinois                    Construct bypass of            0.615
                                   historic stone bridge,
                                   Maeystown.............
1395. Pennsylvania                Construct Johnstown-            0.75
                                   Cambria County Airport
                                   Relocation Road.......
1396. Pennsylvania                Reconstruct the I-81               6
                                   Davis Street
                                   interchange in
                                   Lackawanna............
1397. Connecticut                 Realign Route 4                  2.1
                                   intersection in
                                   Farmington............
1398. Pennsylvania                Construct Wexford I-79/        0.825
                                   SR 910 Interchange,
                                   Allegheny Co..........
1399. Pennsylvania                Extend Martin Luther            1.65
                                   King Busway, Alleghany
                                   Co....................
1400. Massachusetts               Construct Arlington to          0.75
                                   Boston Bike Path......
1401. New Jersey                  Construct Collingswood             6
                                   Circle eliminator,
                                   Camen.................
1402. Ohio                        Construct grade                 3.75
                                   separations at Fitch
                                   Road in Olmsted Falls.
1403. Wisconsin                   Construct Eau Claire               6
                                   Bypass project........
1404. Minnesota                   Reconstruct SE Main                3
                                   Ave. and related
                                   improvements,
                                   completing 34th Street
                                   Corridor project,
                                   Moorhead..............
1405. New York                    Construct Olana Visitor            1
                                   Center in Olana.......
1406. Massachusetts               Improve safety and              1.95
                                   traffic operations on
                                   Main and Green
                                   Streets, Mellrose.....
1407. New York                    Reconstruct Jackson            1.963
                                   Avenue in New Windsor,
                                   Orange County.........
1408. New York                    Construct congestion            0.75
                                   mitigation project for
                                   Smithtown.............
1409. New York                    Reconstruct County           1.85475
                                   Route 24 in Franklin
                                   County................
1410. North Carolina              Construct US-311(I-74)        22.875
                                   from NC-68 to US-29A-
                                   70A...................
1411. California                  Design and initiation          0.275
                                   of long term
                                   improvements along
                                   Highway 199 in Del
                                   Norte County,
                                   California............
1412. Alabama                     Complete I-59                    3.6
                                   interchange in Dekalb
                                   County................
1413. New York                    Improve Hiawatha              1.6875
                                   Boulevard and Harrison
                                   Street corridors in
                                   Syracuse..............
1414. New Jersey                  Construct Route 17             1.125
                                   bridge over the
                                   Susquehanna and
                                   Western Rail line in
                                   Rochelle Park.........
1415. Illinois                    Undertake streetscaping       0.8625
                                   between Damden and
                                   Halsted...............
1416. Illinois                    Construct                      1.125
                                   transportation
                                   improvements to
                                   Industrial Viaduct,
                                   Chicago...............
1417. Ohio                        Construct access and           3.675
                                   related improvements
                                   to Downtown Riverfront
                                   Area, Dayton..........
1418. Oregon                      Purchase and install             4.5
                                   emitters and receiving
                                   equipment to
                                   facilitate movement of
                                   emergency and transit
                                   vehicles at key
                                   arterial
                                   intersections,
                                   Portland..............
1419. Tennessee                   Reconstruct road and           11.25
                                   causeway in Shiloh
                                   Military Park in
                                   Hardin County.........
1420. Arkansas                    Conduct planning for           0.875
                                   highway 278 and rail
                                   for the Warren/
                                   Monticello Arkansas
                                   Intermodal Complex....
1421. Oregon                      Construct regional                10
                                   multimodal
                                   transportation center
                                   in Albany.............
1422. Texas                       Construct two-lane            3.6375
                                   parallel bridge, State
                                   Highway 146, FM 517 to
                                   vicinity of Dickinson
                                   Bayou.................
1423. Connecticut                 Relocate and realign          4.0575
                                   Route 72 in Bristol...
1424. Massachusetts               Construct Minuteman           0.5625
                                   Commuter Bikeway-
                                   Charles River Bikeway
                                   connector, Cambridge
                                   and Watertown.........
1425. Michigan                    Replace Chevrolet Ave.           1.8
                                   bridge in Genesee Co..
1426. Virginia                    Construct trailhead and          0.3
                                   related facilities and
                                   restore old Whitetop
                                   Train Station at
                                   terminus of Virginia
                                   Creeper Trail adjacent
                                   to Mount Rogers
                                   National Recreation
                                   Area..................
1427. New York                    Construct Mineola and             12
                                   Hicksville Intermodal
                                   Centers in Nassau Co..
1428. Indiana                     Lafayette Railroad             22.05
                                   relocation project in
                                   Lafayette, Indiana....
1429. Michigan                    Construct Jackson Road          3.45
                                   project (demonstrating
                                   performance of paper
                                   and plastic reinforced
                                   concrete), Scio
                                   Township..............
1430. Wyoming                     Widen and improve Cody -           5
                                    Yellowstone Highway
                                   from the entrance to
                                   Yellowstone National
                                   Park to Cody..........
1431. Texas                       Widen State Highway 6          9.075
                                   from from Senior Road
                                   to FM521..............
1432. Massachusetts               Design, engineer and             1.5
                                   right-of-way
                                   aquisition of the
                                   Great River Bridge,
                                   Westfield.............
1433. Washington                  Design and implement               1
                                   report and
                                   environmental study of
                                   the I-5 corridor in
                                   Everett, Washington...
1434. North Carolina              Make improvements to I-          2.4
                                   95/SR-1162 interchange
                                   in Johnston Co........
1435. New York                    Reconstruct Stoneleigh          2.89
                                   Avenue in Putnam
                                   County................
1436. Pennsylvania                Construct                          2
                                   transportation
                                   improvements around
                                   the interchange of
                                   Interstate 81 and S.R.
                                   0944, Hampden Township
1437. Wisconsin                   Upgrade Highway 151                6
                                   between Platteville
                                   and Dubuque...........
1438. New York                    Improve Bedford-                1.44
                                   Banksville Road from
                                   Millbrook to
                                   Connecticut State line
1439. California                  Construct interchange              6
                                   between I-15 and SR-18
                                   in Victorville/Apple
                                   Valley, California....
1440. Connecticut                 Construct overlook and          2.31
                                   access to Niantic Bay.
1441. Arizona                     Design, engineering and         0.75
                                   ROW acquisition for
                                   Area Service Highway,
                                   Yuma..................
1442. Connecticut                 Reconstruct cross road           1.5
                                   over I-95, Waterford..
1443. Illinois                    Upgrade industrial park        3.375
                                   road in Village of
                                   Sauget................
1444. California                  Construct I-680 HOV             5.25
                                   lanes between Marina
                                   Vista toll plaza to
                                   North Main Street,
                                   Martinez to Walnut
                                   Creek.................
1445. Iowa                        Improve US 65/IA 5                 5
                                   interchange, Warren
                                   Co....................
1446. Pennsylvania                Replace Masontown                  5
                                   bridge, Fayette and
                                   Greene Counties.......
1447. Indiana                     Extend SR 149 between              3
                                   SR 130 to US Rt. 30,
                                   Valparaiso............
1448. Pennsylvania                Construct PA-309                3.96
                                   Sumneytown Pike
                                   Connector.............
1449. California                  Improve Route 99/Route             6
                                   120 interchange in
                                   Manteca County........
1450. Alaska                      Construct a bridge                15
                                   joining the Island of
                                   Gravina to the
                                   Community of Ketchikan
                                   on Revilla Island.....
1451. Nebraska                    Conduct corridor study          0.75
                                   of NE-35 alternative
                                   and modified route in
                                   Norfolk, Wayne and
                                   Dakota City...........
1452. Michigan                    Upgrade Lalie St.,              0.27
                                   Frenchtown Rd., and
                                   Penshee Rd., Ironwood.
1453. California                  Conduct planning,                1.5
                                   preliminary
                                   engineering and design
                                   for Etiwanda Ave./I-10
                                   interchange, San
                                   Bernardino Co.........
1454. California                  Construct Arbor Vitae          2.625
                                   Street improvements,
                                   Inglewood.............
1455. Minnesota                   Restore MN                      0.75
                                   Transportation
                                   facility, Jackson
                                   Street Roundhouse, St.
                                   Paul..................
1456. Rhode Island                Upgrade pedestrian             0.075
                                   traffic facilities,
                                   Bristol...............
1457. California                  Install SiliconValley          2.145
                                   Smart Corridor project
                                   along the I-880
                                   corridor..............
1458. South Carolina              Construct I-26/US-1                9
                                   connector in Columbia.
1459. New York                    Construct Poughkeepsie          3.75
                                   Intermodal Facility in
                                   Poughkeepsie..........
1460. Oregon                      Restore transportation         0.525
                                   connection between
                                   Wauna, Astoria and
                                   Port of Astoria.......

[[Page H3846]]

 
1461. New York                    Conduct feasibility            0.375
                                   study of new
                                   International bridges
                                   on the NY/Canada
                                   border................
1462. Tennessee                   Extend Pellissippi              8.85
                                   Parkway from State
                                   Route 33 to State
                                   Route 321 in Blount
                                   County................
1463. Ohio                        Upgrade 2 warning               0.15
                                   devices on the rail
                                   north/south line from
                                   Columbus to Toledo....
1464. California                  Upgrade South Higuera          0.675
                                   Street, San Luis
                                   Obispo................
1465. Alabama                     Upgrade County Road 39          0.75
                                   between Highway 84 and
                                   Silver Creek Park,
                                   Clarke Co.............
1466. North Carolina              Relocate US 1from north        5.475
                                   of Lakeview to SR
                                   1180, Moore and Lee
                                   Counties..............
1467. Texas                       Construct extension of          1.35
                                   West Austin Street (FM
                                   2609) between Old
                                   Tyler Road and Loop
                                   224, Nacogdoches......
1468. Michigan                    Reconstruct I-94                   9
                                   between Michigan Route
                                   14 and US-23..........
1469. Connecticut                 Reconstruct I-84,             7.1025
                                   Hartford..............
1470. Ohio                        Undertake improvements         0.675
                                   to Valley Street,
                                   Dayton................
1471. New Jersey                  Upgrade Urban                  7.275
                                   University Heights
                                   Connector, Newark.....
1472. Ohio                        Widen to 5 lanes                 0.6
                                   existing SR 43/Sunset
                                   Boulevard in
                                   Steubenville,
                                   Jefferson County......
1473. New York                    Improve and reconstruct         0.35
                                   Stony Street in York
                                   Town..................
1474. Ohio                        Construct grade                 3.75
                                   separation at Dille
                                   Road in Euclid........
1475. Washington                  Safety improvements to          3.15
                                   State Route 14 in
                                   Columbia River Gorge
                                   National Scenic Area..
1476. Indiana                     Upgrade County roads in            6
                                   LaPorte County........
1477. California                  Implement ITS                 2.6625
                                   technologies in
                                   Employment Center area
                                   of City of El Segundo.
1478. Minnesota                   Construct pedestrian            0.45
                                   overpass on Highway
                                   169, Mille Lacs
                                   Reservation...........
1479. Texas                       Complete State Highway          5.42
                                   35 in Aransas County..
1480. washington                  Construct overcrossing         5.893
                                   at 38th Street in
                                   Everett, WA., and
                                   construct the
                                   Riverside Industrial
                                   Access Road as
                                   identified in the FAST
                                   Corridor plan.........
1481. Illinois                    Construct improvements           3.9
                                   to McKinley Bridge
                                   over Mississippi River
                                   with terminus points
                                   in Venice, Illinois,
                                   and St. Louis,
                                   Missouri..............
1482. Connecticut                 Upgrade bridge over           0.3375
                                   Naugatuck River,
                                   Ansonia...............
1483. Louisiana                   Widen Lapalco Boulevard            3
                                   from Barataria
                                   Boulevard to Destrehan
                                   Avenue in Jefferson
                                   Parish, Louisiana.....
1484. California                  Construct Tulare County         6.75
                                   roads in Tulare County
1485. Washington                  Extend Mill Plain                  3
                                   Boulevard in Vancouver
1486. Missouri                    Construct an intermodal          0.9
                                   center at Missouri
                                   Botanical Garden......
1487. Ohio                        Reimburse costs               2.0625
                                   associated with
                                   multimodal
                                   transportation
                                   improvements, Dayton..
1488. West Virginia               Upgrade US 340 between             2
                                   West Virginia/Virginia
                                   State line and the
                                   Charles Town Bypass...
1489. Ohio                        Add lanes and improve              2
                                   intersections on Route
                                   20 in Lake County,
                                   Ohio..................
1490. Pennsylvania                Rehabilitate Kenmawr            0.45
                                   Bridge, Swissvale.....
1491. Rhode Island                Construct Blackstone         2.59125
                                   River Bikeway.........
1492. Alaska                      Construct Gravina              5.443
                                   Island Bridge in
                                   Ketchikan.............
1493. Alaska                      Construct N.W. Alaska            2.5
                                   Road/Rail access......
1494. Alaska                      Construct North Denali           1.5
                                   access route..........
1495. Alaska                      Construct capital               0.75
                                   improvements to marine
                                   transportation
                                   facilities for Prince
                                   of Wales Island.......
1496. Alaska                      Improve marine dry dock         0.75
                                   and facilities in
                                   Ketchikan.............
1497. Alaska                      Construct New Access          11.943
                                   Route to Ship Creek
                                   Access in Anchorage...
1498. Alabama                     Construct bridge over              1
                                   Tennessee River
                                   connecting Muscle
                                   Shoals and Florence...
1499. Alabama                     Engineering, right-of-             1
                                   way acquisition and
                                   construction of
                                   Huntsville Southern
                                   Bypass................
1500. Alabama                     Construction of Eastern         7.75
                                   Black Warrior River
                                   Bridge................
1501. Alabama                     Construct East Foley               1
                                   Corridor Project from
                                   Baldwin County Highway
                                   20 to State Highway 59
                                   in Alabama............
1502. Alabama                     Engineering, right-of-         8.917
                                   way, acquisition and
                                   construction of
                                   Birmingham Northern
                                   Beltline in Jefferson
                                   County................
1503. Alabama                     Extend I-759 in Etowah         1.167
                                   County................
1504. Alabama                     Construct Decatur                  1
                                   Southern Bypass.......
1505. Alabama                     Construct Anniston                 2
                                   Eastern Bypass from I-
                                   20 to Fort McClellan
                                   in Calhoun County.....
1506. Alabama                     Construct Montgomery            11.8
                                   outer loop from US 80
                                   to I-85 via I-65......
1507. Alabama                     Develop U.S. 231/I-10              2
                                   Freeway Connector from
                                   Alabama border to
                                   Dothan................
1508. Alabama                     Replace bridge over                3
                                   Tombigbee River,
                                   Naheola...............
1509. Arkansas                    Development of Little              2
                                   Rock Port Authority...
1510. Arkansas                    Development of Little              2
                                   Rock River Rail
                                   Project...............
1511. Arkansas                    Improvements to I-30               2
                                   From Benton to Geyer
                                   Springs Exit in Little
                                   Rock..................
1512. Arkansas                    Upgrade 2 bypasses                 5
                                   (Washington Ave.
                                   Interchange and
                                   Highway 63B
                                   Interchange) on U.S.
                                   63 in Jonesboro.......
1513. Arkansas                    Construct bypass at             1.25
                                   Ashdown...............
1514. Arkansas                    Devlopment of U.S. 71              7
                                   from Fort Chaffee to
                                   Texarkana.............
1515. Arkansas                    Development of                     6
                                   Interchange at
                                   Intersection of I-40
                                   and Airport Road in
                                   West Memphis..........
1516. Arkansas                    Improve U.S. Highway          3.8875
                                   412 From Harrison to
                                   Mountain Home.........
1517. Arkansas                    Complete Courthouse              0.1
                                   Improvement
                                   Enhancements Project
                                   in Paris..............
1518. Arkansas                    Further study and               0.25
                                   development of
                                   Russellville
                                   Intermodal Complex in
                                   Russellville..........
1519. Arkansas                    Construct turning lanes       0.0625
                                   at the Intersection of
                                   U.S. Highway 71 and
                                   Arkansas State Highway
                                   8 in Mena.............
1520. Arkansas                    Transportation                 0.375
                                   Enhancements in the
                                   Vicinity of Dickson
                                   St., Fayetteville.....
1521. Arkansas                    Improve Arkansas State         0.125
                                   Highway 12 From U.S.
                                   71 at Rainbow Curve to
                                   the Northwest Arkansas
                                   Regional Airport......
1522. Arkansas                    Construct intermodal               4
                                   connector access road
                                   to the Northwest Ark.
                                   Regional Airport......
1523. Arkansas                    Continue development of            2
                                   West Phoenix Ave, Ft.
                                   Smith.................
1524. Arkansas                    Improvements to 28th            0.25
                                   Street, Van Buren.....
1525. Arkansas                    Conduct feasibility            0.075
                                   studies for Van Buren
                                   Intermodal Port.......
1526. Arkansas                    Upgrade Arkansas State          0.65
                                   Highway 59 from Rena
                                   Road to Old Uniontown
                                   Road in Van Buren.....
1527. Arkansas                    Construct improvements          1.25
                                   to U.S. Highway 71 to
                                   I-40 through Fort
                                   Chaffee and Fort Smith
1528. California                  Construct I-80 reliever         12.1
                                   route system, Solano
                                   Cty...................
1529. California                  Replace Maxwell Bridge,          8.7
                                   Napa Cty..............
1530. California                  Construct March Inland           7.2
                                   Port ground access
                                   project, Riverside Cty
1531. California                  Construct Sta Monica              17
                                   Transit Pkwy..........
1532. California                  Construct state Rte 905         38.5
                                   between I-805 and Otay
                                   Mesa border crossing..
1533. California                  Construct hwy grade              100
                                   separation/other
                                   improvements for
                                   "Gateway for America"
                                   project in San Gabriel
                                   Valley................
1534. Colorado                    State Priority Projects       23.401
1535. Connecticut                 Reconstruction of             23.433
                                   railroad electrical
                                   catenary serving
                                   commuter lines between
                                   New Haven and Stanford
1536. Connecticut                 Pedestrian/disabled              0.5
                                   access improvements at
                                   Mark Twain House
                                   Historic Site.........
1537. Connecticut                 Reconstruct and expand             2
                                   access road and
                                   related riverwalk
                                   improvements at/
                                   adjacent to Riverside
                                   Park, Hartford........
1538. Connecticut                 Develop Winsted and              1.5
                                   Winchester rail trail,
                                   linkage to existing
                                   trails in neighboring
                                   towns.................
1539. Connecticut                 Develop Quinipiac River          1.5
                                   linear trail in
                                   Wallingford and
                                   Meriden...............
1540. Connecticut                 Extend Farmington Canal          1.5
                                   Rail Trail in Hamden
                                   and New Haven.........
1541. Florida                     State Priority Projects       92.096
1542. Georgia                     Upgrade Lithonia                0.35
                                   Industrial Blvd,
                                   DeKalb Cty............
1543. Georgia                     Widen US 84 South from           1.6
                                   US 82 to Ware Cte in
                                   Waycross and Ware Ctes
1544. Georgia                     Construct Rome to                  2
                                   Memphis hwy in Floyd
                                   and Bartow Ctes.......
1545. Georgia                     Construct Athens to                8
                                   Atlanta transportation
                                   corridor..............
1546. Georgia                     Conduct a study of               2.5
                                   Interstate multimodal
                                   transportation
                                   corridor from Atlanta
                                   to Chattanooga........
1547. Georgia                     Conduct study of                  25
                                   multimodal
                                   transportation
                                   corridor along GA 400.
1548. Georgia                     Construct Savannah                 5
                                   River Pkwy in Bulloch,
                                   Jenkins Screven, and
                                   Effingham Counties....
1549. Georgia                     Conduct study of                   5
                                   interstate multimodal
                                   transportation
                                   corridor from Atlanta
                                   to Chattanooga........
1550. Georgia                     Undertake major                 6.66
                                   arterial enhancement
                                   in DeKalb Cty: Candler
                                   Rd, Memorial Dr, and
                                   Buford Hwy............
1551. Georgia                     Construct Harry S.              3.55
                                   Truman Pkwy...........
1552. Georgia                     Construct multimodal             8.1
                                   passenger terminal,
                                   Atlanta...............
1553. Georgia                     Construct Rome to              4.112
                                   Memphis hwy in Floyd
                                   and Bartow Ctes.......
1554. Georgia                     Construct Fall Line              9.5
                                   Freeway from Bibb to
                                   Richmond Ctes.........
1555. Georgia                     Construct Fall Line               23
                                   Freeway from Bibb to
                                   Richmond Ctes.........
1556. Iowa                        Design, right-of-way             1.5
                                   and construction of a
                                   bridge over railroad
                                   tracks on airport
                                   access road in Sioux
                                   City..................
1557. Iowa                        Construction of a 4-            2.75
                                   lane expressway
                                   between DesMoines and
                                   Marshalltown..........
1558. Iowa                        Design, right-of-way               7
                                   and construction of
                                   the Avenue G viaduct
                                   and related roadway in
                                   Council Bluffs........
1559. Iowa                        Design and construction         0.76
                                   of native roadside
                                   vegetation enhancement
                                   center at U.N.I. in
                                   Cedar Falls...........
1560. Iowa                        Construct the D116                 7
                                   Dubuque Bridge over
                                   the MI River at
                                   Dubuque...............
1561. Iowa                        Design, right-of-way              12
                                   and construction of
                                   segments of Martin
                                   Luther King Jr.
                                   Parkway in DesMoines
                                   from Center ST. to
                                   Fleur Dr..............
1562. Idaho                       Reconstruct 184/I-84              19
                                   interchange (mileposts
                                   0.0--0.6).............
1563. Idaho                       Rehabilitate US 20              3.75
                                   Ashton/Ashton Hill
                                   Bridge and
                                   Intersection Project
                                   (mileposts 363.3--
                                   363.5)................
1564. Idaho                       Construct Cheyenne               5.5
                                   Street Railroad
                                   Overpass, Pocatello...
1565. Idaho                       Stage 1, US 93 Twin               13
                                   Falls Alternate Rte
                                   from junction of US 93/
                                   Hwy 30 north
                                   (mileposts 45--48)....
1566. Idaho                       Safety improvements on            16
                                   US 95 from Genesee to
                                   Moscow (mileposts 331--
                                   345)..................
1567. Idaho                       Safety improvements/               7
                                   bridge replacement on
                                   US-95 at Mann's Creek
                                   Curves (mileposts 91.2-
                                   -94.8)................
1568. Idaho                       Alignment/bridge                  18
                                   replacement State Hwy
                                   55 between Smith's
                                   Ferry and Round Valley
                                   (mileposts 94.9--
                                   101.0)................
1569. Illinois                    Improve Campus                     2
                                   Transportation System,
                                   Chicago...............
1570. Illinois                    Construct US 67 in             6.798
                                   Madison and Jersey
                                   Ctes..................
1571. Illinois                    Construct confluence               1
                                   bikeway in Madison Cty

[[Page H3847]]

 
1572. Illinois                    Extend Veterans Mem                3
                                   Drive and construct
                                   overpass at I-57 in Mt
                                   Vernon................
1573. Illinois                    Construct 34 from                  5
                                   Burlington IA to
                                   Monmouth IL...........
1574. Illinois                    Reconstruct Wacker Dr             25
                                   in Chicago............
1575. Illinois                    Reconstruct Stevenson             25
                                   Expwy, Chicago........
1576. Indiana                     State Priority Projects       47.046
1577. Kansas                      State Priority Projects       23.488
1578. Kentucky                    Widen US 27 from                5.83
                                   Norwood to Eubank.....
1579. Kentucky                    Reconstruct KY210 from             2
                                   Hodgenville to Morning
                                   Star Rd in LaRue Cty..
1580. Kentucky                    Conduct feasibility            0.125
                                   study for No. KY high-
                                   priority corridor (I-
                                   74)...................
1581. Kentucky                    Construct necessary              2.3
                                   connections for the
                                   Taylor Southgate
                                   Bridge in Newport and
                                   the Clay Wade Bridge
                                   in Covington..........
1582. Kentucky                    Construction on US 127:         2.81
                                   Albany Bypass to KY90,
                                   Albany Bypass from
                                   KY696 to Clinton Cty
                                   H.S., and from KY696
                                   to TN state line......
1583. Kentucky                    Construct highway rail          0.25
                                   grade separations
                                   along the City Lead in
                                   Paducah...............
1584. Kentucky                    Reconstruction of the            1.5
                                   Louisville Trolley
                                   Barn..................
1585. Kentucky                    Completion of the             15.817
                                   Ownsboro Corridor and
                                   related State Highway
                                   projects..............
1586. Kentucky                    Extend Hurstbourne Pkwy            4
                                   from Bardstown Rd to
                                   Fern Valley Rd........
1587. Louisiana                   Causeway Project.......          0.5
1588. Louisiana                   I-10 Connector, Port of         0.28
                                   South Louisiana.......
1589. Louisiana                   Florida Expressway              0.05
                                   Construction, St.
                                   Bernard/Orleans
                                   Parishes..............
1590. Louisiana                   Kerner Bridge,                  0.25
                                   Jefferson Parish......
1591. Louisiana                   Construction, LA 1.....          2.3
1592. Louisiana                   Leeville Bridge, LA 1..            2
1593. Louisiana                   Louisiana segment, Gulf            1
                                   Coast high speed rail.
1594. Louisiana                   Perkins Road, Baton              1.5
                                   Rouge.................
1595. Louisiana                   East West Corridor/El              1
                                   Camino Real, LA 6 to
                                   US 84, Central-
                                   Northwest LA..........
1596. Louisiana                   Nelson Access Road to            4.5
                                   Port of Lake Charles..
1597. Louisiana                   Tchopitoulas Corridor,           4.5
                                   New Orleans...........
1598. Louisiana                   Rte 3132 to Caddo-               4.5
                                   Bossier Port,
                                   Shreveport............
1599. Louisiana                   Kansas Lane, Monroe....          4.5
1600. Louisiana                   New Orleans CBD to New             5
                                   Orleans Int'l Airport,
                                   commuter rail.........
1601. Massachusetts               State Priority Projects       37.365
1602. Maryland                    Improve hwy signage for        0.091
                                   C&O Canal NHP in
                                   Frederick, Washington,
                                   and Allegany Cties....
1603. Maryland                    Construct pedestrian            1.25
                                   bicycle bridge across
                                   Susquehanna River
                                   between Havre de Grace
                                   and Perryville........
1604. Maryland                    Upgrade US 113 north of            7
                                   US 50 to Jarvis Rd in
                                   Worcester Cty.........
1605. Maryland                    Upgrade MD 32 in the            6.75
                                   vicinity of NSA Anne
                                   Arundel Cty...........
1606. Maryland                    Construct Phase 1-A of            15
                                   the I-70/I-270/US 340
                                   interchange in
                                   Frederick Cty.........
1607. Maine                       Upgrade Rte 11.........         0.15
1608. Maine                       Construct I-95/                 0.15
                                   Stillwater Avenue
                                   interchange...........
1609. Maine                       Reconstruction of the           1.45
                                   Mack Point Cargo Port.
1610. Maine                       Improve Rte 23.........        0.125
1611. Maine                       Improve Rte 26.........        0.375
1612. Maine                       Replace Ridlonville            0.875
                                   Bridge, Rumford.......
1613. Maine                       Studies, planning for              2
                                   extension of I-95.....
1614. Maine                       Construct I-295                    1
                                   connector, Portland...
1615. Maine                       Replace Singing Bridge         1.375
                                   across Taunton Bay....
1616. Maine                       Construct new bridge               2
                                   over Kennebec River
                                   (Carlton Bridge
                                   replacement)..........
1617. Maine                       Studies, planning,                 1
                                   reconstruction of East-
                                   West Hwy..............
1618. Michigan                    State Priority Projects       25.447
1619. Michigan                    State Priority Projects       31.438
1620. Michigan                    Reconstruct and                    6
                                   rehabilitate,
                                   including rail and
                                   interstate access
                                   improvements for the
                                   Detroit Waterfront
                                   Dock, Detroit.........
1621. Minnesota                   Reconstruct S.E. Main              1
                                   Ave./I-94 Interchange,
                                   Moorhead..............
1622. Minnesota                   Construct T.H. 212                 1
                                   Construction between I-
                                   494 and Carver County
                                   Road 147..............
1623. Minnesota                   Construct T.H. 610/10              2
                                   from T.H. 169 in
                                   Brooklyn Park to I-94
                                   in Maple Grove........
1624. Minnesota                   Construct Mankato South            1
                                   Route in Mankato......
1625. Minnesota                   Reconstruct SE Main                2
                                   Avenue/I-94
                                   Interchange, Moorhead.
1626. Minnesota                   Replace Sauk Rapids                1
                                   Bridge Over
                                   Mississippi River,
                                   Stearns and Benton
                                   Counties..............
1627. Minnesota                   Replace Sauk Rapids                1
                                   Bridge over
                                   Mississippi River,
                                   Stearns and Benton
                                   Cties.................
1628. Minnesota                   Construct Shepard Rd./             1
                                   Upper Landing
                                   Interceptor, St. Paul.
1629. Minnesota                   Construct Mankato South            1
                                   Route, Mankato........
1630. Minnesota                   Reconstruct and Replace        3.529
                                   I-494 Wakota Bridge
                                   from South St. Paul to
                                   Newport and approaches
1631. Minnesota                   Reconstruct/replace I-             1
                                   494 Wakota Bridge from
                                   South St. Paul to
                                   Newport, and
                                   approaches............
1632. Minnesota                   Construct Phalen Blvd.           2.5
                                   between I-35 and I-94.
1633. Minnesota                   Construct T.H. 610/10          9.029
                                   from T.H. 169 in
                                   Brooklyn Park to I-94
                                   in Maple Grove........
1634. Minnesota                   Design and Construct               2
                                   Access to I-35W at
                                   Lake St., Minneapolis.
1635. Missouri                    Develop bike/pedestrian        0.341
                                   paths for Town of
                                   Kansas and Riverfront
                                   Park in Kansas City...
1636. Missouri                    Construct Cuivre River             3
                                   Bridge at Lincoln
                                   County................
1637. Missouri                    Construct Rte 13 MO                3
                                   River Bridge at
                                   Lexington.............
1638. Missouri                    Construct Hwy 47 MO                3
                                   River Bridge at
                                   Washington............
1639. Missouri                    Construct Rte 5 Bridge             3
                                   at the Lake of the
                                   Ozarks................
1640. Missouri                    Upgrade Interstate 70             10
                                   in the State of MO....
1641. Missouri                    Construct Chouteau                 6
                                   Bridge at Kansas City.
1642. Missouri                    Construct Mississippi              6
                                   River Bridge at
                                   Hannibal..............
1643. Missouri                    Construct Bill Emerson             8
                                   Memorial Bridge.......
1644. Missouri                    Construct Missouri                 5
                                   River Bridge at
                                   Hermann...............
1645. Mississippi                 Replace functionally              38
                                   obsolete drawbridge
                                   with new crossing,
                                   High Rise Bridge, at
                                   Pascagoula............
1646. Montana                     Conduct environmental         19.905
                                   review, planning,
                                   design, and
                                   construction of the
                                   Beartooth Highway in
                                   Wyoming and Montana...
1647. North Carolina              Construct Raleigh Outer         8.44
                                   Loop (segment D)
                                   between NC 50 and SR
                                   2000..................
1648. North Carolina              Construct additional              48
                                   lanes on I-77 between
                                   I-85 and NC 73........
1649. North Dakota                State Priority Projects       13.138
1650. Nebraska                    Improve Nebraska                   3
                                   Highways 8 and 15 in
                                   Fairbury..............
1651. Nebraska                    Construct Riverfront           4.786
                                   Trails and Bridges
                                   Along Missouri River
                                   from Dodge Park
                                   through Omaha to
                                   Bellevue..............
1652. New Hampshire               Widen I-93 from Salem          1.175
                                   to Manchester.........
1653. New Hampshire               Construct Manchester               1
                                   Airport Access Road,
                                   Manchester............
1654. New Hampshire               Conway bypass/Rte 16             0.5
                                   mitigation, Conway....
1655. New Hampshire               Improve Bridge Street              1
                                   bridge, Plymouth......
1656. New Hampshire               Advance completion of              2
                                   Rte 101 project from
                                   Raymond to Hampton....
1657. New Hampshire               Rehabilitate/                   0.65
                                   reconstruct Bath-
                                   Haverhill Bridge, Bath
                                   and Haverhill.........
1658. New Hampshire               Construct Manchester           3.175
                                   Access Rd, Manchester.
1659. New Hampshire               Construct Orford                0.85
                                   Bridge, Orford........
1660. New Jersey                  Construct bicycle                0.7
                                   trails and riverside
                                   improvements, West
                                   Deptford..............
1661. New Jersey                  Construct Del. River               8
                                   tram to link
                                   destinations on both
                                   sides of Del. River...
1662. New Jersey                  Construct new ramp                14
                                   between NJ 42 and
                                   south section of I-295
1663. New Jersey                  Construct roadway               26.5
                                   network through the
                                   Bergen Arches railroad
                                   right-of-way, Hudson
                                   Cty...................
1664. New Jersey                  Relocate/construct               1.5
                                   Cooper Hospital Med
                                   Ctr helipad, Camden...
1665. Nevada                      Canamex Corridor               1.531
                                   Innovative Urban
                                   Renovation Project in
                                   Henderson.............
1666. Nevada                      Widen US 50 between                1
                                   Fallon and Fernley....
1667. Nevada                      I-580/U.S. 395 Freeway             5
                                   Extension to Carson
                                   City..................
1668. Nevada                      Reconstruction of I-15             5
                                   Interchange at Sahara
                                   Ave. and Rancho Rd. in
                                   North Las Vegas.......
1669. Nevada                      Widening of Craig Rd.              2
                                   in North Las Vegas....
1670. Nevada                      Widen I-15 in San                  6
                                   Bernadino County, CA..
1671. New York                    Reconstruct Springfield            1
                                   Blvd between the LIRR
                                   Main Line South to
                                   Rockaway Blvd in
                                   Queens County.........
1672. New York                    Replace Kennedy-class              2
                                   ferries in Staten
                                   Island................
1673. New York                    Construct Fordham Univ             4
                                   Regional
                                   Transportation
                                   Facility, Bronx.......
1674. New York                    Construct Hamilton St            4.4
                                   interchange between
                                   Rte 17 and Rte 15 in
                                   Erwin.................
1675. New York                    Construct intermodal               6
                                   project at Castle
                                   Clinton and Battery
                                   Pk, NYC...............
1676. New York                    Relocate toll barrier            6.1
                                   in Williamsville......
1677. New York                    Construct Rte 219 from            20
                                   Springville to
                                   Salamanica (Rte 13 to
                                   Rte 17)...............
1678. New York                    Design/construct                  20
                                   upgraded interchange
                                   between I-84 and I-87
                                   nr Stuart Int.'l
                                   Airport, Newburg......
1679. New York                    Renovate/reconstruct              40
                                   James A Farley Post
                                   Office, NYC, as new
                                   Amtrak Sta............
1680. New York                    Renovate Hellgate                 15
                                   Bridge, NYC...........
1681. Ohio                        Upgrade intersection of            5
                                   US 20 and SR 420,
                                   Woodville.............
1682. Ohio                        Improve intersection at            3
                                   SR 327 and US 32,
                                   Wellston..............
1683. Ohio                        Upgrade US 20 in                   3
                                   Painesville, Perry,
                                   and Madison...........

[[Page H3848]]

 
1684. Ohio                        Upgrade US 30 and Hill-            4
                                   Diley Road, Lancaster.
1685. Ohio                        Upgrade Caves Road,                2
                                   Geauga County.........
1686. Ohio                        Upgrade SR 2 between               5
                                   Oregon and Camp Perry.
1687. Ohio                        Construct intermodal               8
                                   transit center in
                                   Cinncinnati...........
1688. Ohio                        High priority highway         34.325
                                   and bridge projects...
1689. Ohio                        Upgrade intersection of            4
                                   US35 and Fairfield
                                   Road..................
1690. Oklahoma                    Reconstruct/widen I-40        30.912
                                   Crosstown Bridge and
                                   Realignment, Oklahoma
                                   City..................
1691. Oregon                      Relocate Highway 126               4
                                   through Redmond.......
1692. Oregon                      Widen U.S. 30 from two           7.8
                                   lanes to four lanes in
                                   Pendleton.............
1693. Oregon                      Restore funding for              2.5
                                   Broadway Bridge
                                   Project...............
1694. Oregon                      Restore funding for I-5/        1.75
                                   217 Kruse Way Project.
1695. Oregon                      Restore funding for            0.175
                                   Astoria Hazard
                                   Recovery Railroad
                                   Slide.................
1696. Oregon                      Restore funding for                2
                                   South Rivergate
                                   Overcrossing Project..
1697. Oregon                      Restore funding for                4
                                   Medford Highway 62/99
                                   Project...............
1698. Oregon                      Restore funding for I-           1.8
                                   205 Sunnybrooke
                                   Interchange Project...
1699. Pennsylvania                Reconstruction of I-79             1
                                   from Pa 285 to US 6,
                                   Crawford County.......
1700. Pennsylvania                Relocation of US 15                1
                                   from US 522 to PA 147
                                   in Snyder, Union, and
                                   Northumberland
                                   Counties..............
1701. Pennsylvania                Reconstruct I-81/Davis             1
                                   Street Interchange,
                                   Lackawanna County.....
1702. Pennsylvania                Construct American                 1
                                   Parkway Bridge
                                   project, Allentown....
1703. Pennsylvania                Construct Williams-                1
                                   Lycoming Cty Airport
                                   access road from I-80
                                   to the Airport........
1704. Pennsylvania                Rehabilitate Streets             0.5
                                   Run Road for emergency
                                   access................
1705. Pennsylvania                Construct pedestrian               1
                                   bridge, Vine Street
                                   Expressway between
                                   15th and 16th Streets.
1706. Pennsylvania                North Shore roadway and        2.505
                                   pedestrian
                                   improvements,
                                   Pittsburgh............
1707. Pennsylvania                Widening and                     2.5
                                   reconstruction of US
                                   30, Lancaster County..
1708. Pennsylvania                Construction of Erie               2
                                   Bayside Connector,
                                   Erie County...........
1709. Pennsylvania                Construct Independence             1
                                   Gateway Transportation
                                   Ctr project,
                                   Philadelphia..........
1710. Pennsylvania                Road construction in               3
                                   and around former
                                   Bethlehem Steel plant
                                   site..................
1711. Pennsylvania                Roadway and pedestrian           2.5
                                   improvements for North
                                   Shore Central Business
                                   District Corridor
                                   Transportation
                                   Project, Pittsburgh...
1712. Pennsylvania                Construction at                    2
                                   Williamsport Airport,
                                   Lycoming County.......
1713. Pennsylvania                Construct US 322                   3
                                   Conchester Hwy between
                                   US 1 and SR 452.......
1714. Pennsylvania                Construct I-95 access              5
                                   ramps at and around
                                   Philadelphia Int'l
                                   Airport...............
1715. Pennsylvania                Reconstruct SR 309 in              2
                                   Eastern Montgomery
                                   County................
1716. Pennsylvania                Lancaster County                   1
                                   airport runway
                                   extension.............
1717. Pennsylvania                Construct safety and               1
                                   capacity improvements
                                   to Rte 309 and Old
                                   Packhouse Road,
                                   including widening of
                                   Old Packhouse Road
                                   between KidsPeace
                                   National Hospital and
                                   Rte 309, Lehigh County
1718. Pennsylvania                Construct grade                    1
                                   separated interchange
                                   on Old Rte 60 at Pgh.
                                   Airport, Allegheny
                                   County................
1719. Pennsylvania                Improvements to SR 412             2
                                   from I-78 to Bethlehem
                                   Steel site and road
                                   improvements for rail
                                   intermodal facility,
                                   Bethlehem.............
1720. Pennsylvania                Construct new                      1
                                   interchange at
                                   Settler's Cabin,
                                   Allegheny County......
1721. Pennsylvania                Improve access and                 5
                                   interchange from I-95
                                   to int'l terminal at
                                   Philadelphia Int'l
                                   Airport...............
1722. Pennsylvania                Relocate Rte 15 at                 1
                                   Selinsgrove and
                                   Shamokin Dam, Snyder
                                   County................
1723. Pennsylvania                Construct access to                2
                                   site of former
                                   Philadelphia Naval
                                   Shipyard and Base.....
1724. Pennsylvania                Reconstruct I-80,                  1
                                   Mercer and Venango
                                   Counties..............
1725. Pennsylvania                Construct Erie Eastside            3
                                   Connector.............
1726. Pennsylvania                Reconstruct main line I-           1
                                   179...................
1727. Pennsylvania                Upgrade US 219 between             5
                                   Meyersdale and
                                   Somerset..............
1728. Pennsylvania                Relocate Rte 222 in/               3
                                   around Trexlertown,
                                   Lehigh County.........
1729. Pennsylvania                Widen Broad Street and             2
                                   related improvements,
                                   Hazelton..............
1730. Pennsylvania                Construct Cranberry                2
                                   Connector, I-79/Rte 19/
                                   PA Turnpike, Butler
                                   County................
1731. Pennsylvania                Construct Warren Street            3
                                   Extension, Reading....
1732. Pennsylvania                Construct new lane on              5
                                   Rte 15, Tioga County..
1733. Pennsylvania                Construct Mon Fayette              5
                                   Expressway between WV
                                   and Fairchance........
1734. Pennsylvania                Reconstruct Ft. Pitt              19
                                   Bridge and Tunnel,
                                   Pittsburgh............
1735. Pennsylvania                Construct new                      5
                                   interchange at I-95
                                   and PA Turnpike and
                                   related improvements..
1736. Rhode Island                Construct Blackstone           8.843
                                   River bikeway.........
1737. Rhode Island                Construct                        3.1
                                   Woonasquatucket
                                   bikeway...............
1738. South Carolina              Replace Cooper River          19.311
                                   Bridges, Charleston...
1739. South Dakota                Construct Eastern             12.832
                                   Dakota Expressway
                                   between Aberdeen at I-
                                   29....................
1740. South Dakota                Preserve Skyline Drive           0.5
                                   Scenic Ridgetop in
                                   Rapid City............
1741. South Dakota                Construct new                      1
                                   interchange and access
                                   road on Interstate 90
                                   at Box Elder..........
1742. Tennessee                   Reconstruction of Old           0.42
                                   Walland Hwy Bridge
                                   over Little River,
                                   Townsend..............
1743. Tennessee                   Construct pedestrian &           0.7
                                   bicycle pathway to
                                   connect with Miss.
                                   River Trail & restore
                                   historic cobblestones
                                   on the Riverfront,
                                   Memphis...............
1744. Tennessee                   High priority highway         44.048
                                   and bridge projects...
1745. Utah                        Construct Phase 2 of             1.5
                                   the Univ Ave
                                   Interchange, Provo....
1746. Utah                        Engineer/reconstruct at         0.85
                                   Brown's Park Rd,
                                   Daggett Cty...........
1747. Utah                        Construct Cache Valley             1
                                   Hwy in Logan..........
1748. Utah                        Gateway Redevelopment              1
                                   Area road
                                   reconstruction, Salt
                                   Lake City.............
1749. Utah                        Widen/improve 123rd/             0.5
                                   126th South from 700
                                   East to Jordan River,
                                   Draper................
1750. Utah                        Construct Cache Valley             2
                                   Hwy in Logan..........
1751. Utah                        Widen/improve 123rd/             0.5
                                   126th South from
                                   Jordan River to
                                   Bangerter Hwy in
                                   Riverton..............
1752. Utah                        Construct underpass at             1
                                   100 South, in Sandy...
1753. Utah                        Extend Main St from                2
                                   5600 South to Vine St,
                                   Murray................
1754. Utah                        Construct Phase 2 of               1
                                   the Univ Ave
                                   Interchange, Provo....
1755. Utah                        Widen 7200 West,                0.35
                                   Midvale...............
1756. Utah                        Construct I-15                     2
                                   interchange at
                                   Atkinville............
1757. Utah                        Improve 5600 West Hwy              1
                                   from 2100 South to
                                   4100 South in West
                                   Valley City...........
1758. Virginia                    Construct Southeastern             4
                                   Pkwy and Greenbelt,
                                   Virginia Beach........
1759. Virginia                    Construct Route 288,               2
                                   Richmond..............
1760. Virginia                    Planning/design for                5
                                   Coalfields Expwy,
                                   Buchanan, Dickinson,
                                   and Wise Ctes.........
1761. Virginia                    Complete no. section of            2
                                   Fairfax Cty Pkwy,
                                   Fairfax County........
1762. Virginia                    Reconstruct SR 168                 3
                                   (Battlefield Blvd),
                                   Chesapeake............
1763. Virginia                    Phase 1 Downtown                 0.2
                                   Staunton Streetscape
                                   Plan..................
1764. Virginia                    Commuter/freight rail              2
                                   congestion/mitigation
                                   project over Quantico
                                   Creek.................
1765. Virginia                    Conduct preliminary                1
                                   engineering on I-73
                                   between Roanoke and VA/
                                   NC state line.........
1766. Virginia                    Construct I-95/State               1
                                   Rte 627 interchange,
                                   Stafford Cty..........
1767. Virginia                    Improve Lee Hwy                    1
                                   Corridor in Fairfax...
1768. Virginia                    Construct Third Bridge/            3
                                   Tunnel Crossing of
                                   Hampton Rd............
1769. Virginia                    Widen I-64 Bland Blvd              3
                                   interchange...........
1770. Virginia                    Construct "Smart Road"             5
                                   in Blacksburg.........
1771. Virginia                    Reconstruct I-66/Rte 29           15
                                   interchange,
                                   Gainesville...........
1772. Vermont                     Upgrade and Improve            9.168
                                   Publicly-Owned Vermont
                                   Rail Infrastructure
                                   from Bennington to
                                   Burlington............
1773. Washington                  Hood River Bridge SR 35        0.192
1774. Washington                  Port of Kalama River           0.169
                                   Bridge................
1775. Washington                  Huntington Avenue South        0.138
                                   Castle Rock...........
1776. Washington                  Port of Longview               0.477
                                   Industrial Rail
                                   Corridor..............
1777. Washington                  I-5 interchange, Lewis          1.27
                                   Cty...................
1778. Washington                  Safety Improvements to         0.775
                                   SR 14 Columbia Gorge..
1779. Washington                  Construct 192nd Street         0.962
                                   from SR 14 to SE 15th,
                                   Vancouver.............
1780. Washington                  Widen US 395 north of            1.9
                                   Spokane...............
1781. Washington                  Columbia Center Blvd,          0.309
                                   Kennewick.............
1782. Washington                  Construct Washington           0.231
                                   Pass Visitors Center..
1783. Washington                  Improve Hillsboro              0.682
                                   Street/Hwy 395
                                   intersection, Pasco...
1784. Washington                  Reconstruct I-82/Keys          1.663
                                   Road Intersection,
                                   Yakima................
1785. Washington                  Construct Sequim/              0.192
                                   Dungeness Valley Trail
                                   Project...............
1786. Washington                  Widen SR 99 between            0.577
                                   148th Street and King
                                   County Line, Lynnwood.
1787. Washington                  Improve I-5/196th              0.866
                                   Street Interchange,
                                   Lynnwood..............
1788. Washington                  Construct SR 305               0.673
                                   corridor improvement,
                                   Poulsboro.............
1789. Washington                  Edmonds Crossing multi-        0.962
                                   modal transportation
                                   project...............
1790. Washington                  Construct Cross Base           0.115
                                   Corridor Ft. Lewis/
                                   McChord AFB...........
1791. Washington                  Reconstruct I-5                0.288
                                   Interchange, City of
                                   Lacey.................
1792. Washington                  Construct SR 167               0.288
                                   Corridor..............
1793. Washington                  Southworth Seattle             0.962
                                   Ferry.................
1794. Washington                  Undertake SR 166 Slide          1.25
                                   Repair................

[[Page H3849]]

 
1795. Washington                  Construct SR 7 Elbe             0.15
                                   rest area and
                                   interpretive facility.
1796. Washington                  Extend Mill Plain Blvd,            1
                                   Vancouver.............
1797. Washington                  Construct I-405/NE 8th         5.875
                                   Street Interchange,
                                   Bellevue..............
1798. Washington                  Improve I-90/Sunset Way         4.95
                                   Interchange, Issaquah.
1799. Washington                  Clinton Ferry Terminal.          1.2
1800. Washington                  8th Street East Pierce          0.25
                                   County................
1801. Washington                  Shaw Road Puyallup             0.375
                                   extension.............
1802. Washington                  180th, Tukwila.........          0.5
1803. Washington                  South 277th, Auburn              0.5
                                   (UP)..................
1804. Washington                  South 277th, Auburn              0.5
                                   (BNSF)................
1805. Washington                  Construct Southwest             0.75
                                   Third Street..........
1806. Washington                  Construct Port of              1.125
                                   Tacoma Road...........
1807. Washington                  Construct North                    4
                                   Duwamish Intermodal
                                   Project...............
1808. West Virginia               Construct Coalfields           22.69
                                   Expressway............
1809. Wyoming                     State Priority Projects       13.934
1810. New Mexico                  Construct Rio Rancho              20
                                   Highway...............
1811. Massachusetts               Reconsruct Huntington              1
                                   Avenue................
1812. Texas                       Relocate railroad Bryan/          10
                                   College Station at
                                   Texas A&M or any other
                                   high priority project
                                   in Texas..............
1813. Texas                       High priority highway        133.863
                                   and bridge projects...
1814. Arizona                     High priority highway         31.076
                                   and bridge projects...
1815. Delaware                    High priority highway          8.868
                                   and bridge projects...
1816. Hawaii                      High priority highway         10.379
                                   and bridge projects...
1817. Wisconsin                   High priority highway         39.926
                                   and bridge projects...
1818. Arkansas                    High priority highway             15
                                   and bridge projects...
1819. Maine                       High priority highway             10
                                   and bridge projects...
1820. Texas                       Relocate railroad line            15
                                   in Bryan and College
                                   Station, Texas A&M
                                   University............
1821. Virginia                    High priority highway              5
                                   and bridge projects...
1822. New Hampshire               High priority highway              5
                                   and bridge projects...
1823. Idaho                       High priority highway              5
                                   and bridge projects...
1824. Arkansas                    Conduct Seismic Design             5
                                   and Deployment
                                   Projects..............
1825. Missouri                    High priority highway             10
                                   and bridge projects...
1826. Wyoming                     High priority highway              5
                                   and bridge projects...
1827. Rhode Island                Construct pedestrian               5
                                   and Bicycle Facilities
1828. Oklahoma                    High priority highway              5
                                   and bridge projects...
1829. Colorado                    High priority highway              5
                                   and bridge projects...
1830. Alabama                     Develop Huntsville                 1
                                   Southern Bypass.......
1831. Alabama                     Replace bridge over                1
                                   Tombigbee River,
                                   Naheola...............
1832. Alabama                     Construct Anniston                 1
                                   Eastern Bypass........
1833. Alabama                     Construct East Foley            0.75
                                   Corridor Project from
                                   Baldwin County Highway
                                   20 to State Highway 59
                                   in Alabama............
1834. Alabama                     Construct Decatur                  1
                                   Southern Bypass.......
1835. Alabama                     Construct Montgomery               1
                                   Outer Loop from US 80
                                   to I-85 via I-65......
1836. Alabama                     Develop Birmingham              1.45
                                   Northern Beltline.....
1837. Alabama                     Construct bridge over              1
                                   Tennessee River
                                   connecting Muscle
                                   Shoals and Florence...
1838. Alabama                     Create National                  1.8
                                   University
                                   Transportation Center
                                   at the University of
                                   Alabama...............
1839. Alabama                     University at Alabama           2.25
                                   at Birmingham-Trauma
                                   Care Center...........
1840. Alabama                     Conduct advance vehicle            2
                                   transportation
                                   research program at
                                   the University of
                                   Alabama Tuscaloosa....
1841. Alabama                     Conduct asphalt                  0.5
                                   research program at
                                   Auburn University.....
1842. Alabama                     Conduct Global Climate          0.25
                                   Reserach Program at
                                   the University of
                                   Alabama at Huntsville.
1843. California                  Conduct Golden Gate               26
                                   Seismic Retrofit
                                   Project...............
1844. Oregon                      Prepare and preserve              30
                                   high priority highways
1845. South Dakota                Construct Eastern             23.768
                                   Dakota Expressway from
                                   Aberdeen to I-29......
1846. Massachusetts               High priority highway             25
                                   and bridges...........
1847. Pennsylvania                Reconstruct and improve           50
                                   I-95 in Delaware,
                                   Philadelphia and Bucks
                                   Counties, Pennsylvania
1848. Pennsylvania                Reconstruct and improve           50
                                   US-22 in Westmoreland
                                   and Indiana Counties,
                                   Pennsylvania..........
1849. South Carolina              Replace Cooper River              20
                                   Bridges, Charleston...
1850. Alaska                      Construct Bradfield                1
                                   Canal Road............
------------------------------------------------------------------------

     SEC. 1603. SPECIAL RULE.

       For purposes of calculating the minimum guarantee 
     apportionment under section 105 of title 23, United States 
     Code, the Secretary shall not include projects numbered 1818 
     through 1849 in section 1602.

                        TITLE II--HIGHWAY SAFETY

     SEC. 2001. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended--
       (1) in the fourth sentence by striking ``(4) to'' and 
     inserting ``(4) to prevent accidents and'';
       (2) in the eighth sentence by striking ``include 
     information obtained by the Secretary under section 4007 of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     and''; and
       (3) in the twelfth sentence by inserting ``enforcement of 
     light transmission standards of window glazing for passenger 
     motor vehicles and light trucks as necessary to improve 
     highway safety,'' before ``and emergency services''.
       (b) Administration of State Programs.--Section 402(b) of 
     such title is amended--
       (1) by striking ``(b)(1)'' and all that follows through 
     paragraph (2) and inserting the following:
       ``(b) Administration of State Programs.--'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (1), (2), and (3), respectively;
       (3) in paragraph (1)(C) (as so redesignated) by striking 
     ``paragraph (5)'' and inserting ``paragraph (3)''; and
       (4) in paragraph (2) (as so redesignated) by striking 
     ``paragraph (3)(C)'' and inserting ``paragraph (1)(C)''.
       (c) Apportionment of Funds.--The sixth sentence of section 
     402(c) of such title is amended by inserting ``the 
     apportionment to the Secretary of the Interior shall not be 
     less than three-fourths of 1 percent of the total 
     apportionment and'' after ``except that''.
       (d) Application in Indian Country.--Section 402(i) of such 
     title is amended to read as follows:
       ``(i) Application in Indian Country.--
       ``(1) Use of terms.--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.
       ``(2) Expenditures for local highway programs.--
     Notwithstanding 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.
       ``(3) Access for individuals with disabilities.--The 
     requirements of subsection (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.
       ``(4) Indian country defined.--In 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 Proceeding.--Section 402(j) of such title is 
     amended to read as follows:
       ``(j) Rulemaking Proceeding.--The Secretary may 
     periodically 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) Highway Safety Education and Information.--
       (1) In general.--For fiscal years 1999 and 2000, the 
     Secretary shall allow any State to use funds apportioned to 
     the State under section 402 of title 23, United States Code, 
     to purchase television and radio time for highway safety 
     public service messages.
       (2) Reports by states.--Any State that uses funds described 
     in paragraph (1) for purchasing television and radio time for 
     highway safety public service messages shall submit to the 
     Secretary a report describing, and assessing the 
     effectiveness of, the messages.
       (3) Study.--Based on information contained in the reports 
     submitted under paragraph (2), the Secretary shall prepare 
     and transmit to Congress a report on the effectiveness of 
     purchasing television and radio time for highway safety 
     public service messages using funds described in paragraph 
     (1).

     SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       (a) Authority of the Secretary.--Section 403(a)(2)(A) of 
     title 23, United States Code, is amended by inserting ``, 
     including training in work zone safety management'' after 
     ``personnel''.
       (b) Drugs and Driver Behavior.--

[[Page H3850]]

       (1) In general.--Section 403(b) of such title is amended by 
     adding at the end the following:
       ``(3) Measures that may deter drugged driving.
       ``(4) Programs to train law enforcement officers on motor 
     vehicle pursuits conducted by the officers.''.
       (2) Reports of federal policies and procedures.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Attorney General, 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--
       (A) 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
       (B) 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 subparagraph (A).

     SEC. 2003. OCCUPANT PROTECTION.

       (a) Occupant Protection Incentive Grants.--
       (1) In general.--Chapter 4 of title 23, United States Code, 
     is amended by inserting after section 404 the following:

     ``Sec. 405. Occupant protection incentive grants

       ``(a) General Authority.--
       ``(1) Authority to make grants.--Subject to the 
     requirements of this section, the Secretary shall make grants 
     under this section to States that adopt and implement 
     effective programs to reduce highway deaths and injuries 
     resulting from individuals riding unrestrained or improperly 
     restrained in motor vehicles. Such grants may be used by 
     recipient States only to implement and enforce, as 
     appropriate, such programs.
       ``(2) Maintenance of effort.--No grant may be made to a 
     State under this section in any fiscal year unless the State 
     enters into such agreements with the Secretary as the 
     Secretary may require to ensure that the State will maintain 
     its aggregate expenditures from all other sources for 
     programs described in paragraph (1) at or above the average 
     level of such expenditures in its 2 fiscal years preceding 
     the date of enactment of the Transportation Equity Act for 
     the 21st Century.
       ``(3) Maximum period of eligibility.--No State may receive 
     grants under this section in more than 6 fiscal years 
     beginning after September 30, 1997.
       ``(4) Federal share.--The Federal share of the cost of 
     implementing and enforcing, as appropriate, in a fiscal year 
     a program adopted by a State pursuant to paragraph (1) shall 
     not exceed--
       ``(A) in each of the first and second fiscal years in which 
     the State receives a grant under this section, 75 percent;
       ``(B) in each of the third and fourth fiscal years in which 
     the State receives a grant under this section, 50 percent; 
     and
       ``(C) in each of the fifth and sixth fiscal years in which 
     the State receives a grant under this section, 25 percent.
       ``(b) Grant Eligibility.--A State shall become eligible for 
     a grant under this section by adopting or demonstrating to 
     the satisfaction of the Secretary at least 4 of the 
     following:
       ``(1) Safety belt use law.--The State has in effect a 
     safety belt use law that makes unlawful throughout the State 
     the operation of a passenger motor vehicle whenever an 
     individual (other than a child who is secured in a child 
     restraint system) in the front seat of the vehicle (and, 
     beginning in fiscal year 2001, in any seat in the vehicle) 
     does not have a safety belt properly secured about the 
     individual's body.
       ``(2) Primary safety belt use law.--The State provides for 
     primary enforcement of the safety belt use law of the State.
       ``(3) Minimum fine or penalty points.--The State imposes a 
     minimum fine or provides for the imposition of penalty points 
     against the driver's license of an individual--
       ``(A) for a violation of the safety belt use law of the 
     State; and
       ``(B) for a violation of the child passenger protection law 
     of the State.
       ``(4) Special traffic enforcement program.--The State has 
     implemented a statewide special traffic enforcement program 
     for occupant protection that emphasizes publicity for the 
     program.
       ``(5) Child passenger protection education program.--The 
     State has implemented a statewide comprehensive child 
     passenger protection education program that includes 
     education programs about proper seating positions for 
     children in air bag equipped motor vehicles and instruction 
     on how to reduce the improper use of child restraint systems.
       ``(6) Child passenger protection law.--The State has in 
     effect a law that requires minors who are riding in a 
     passenger motor vehicle to be properly secured in a child 
     safety seat or other appropriate restraint system.
       ``(c) Grant Amounts.--The amount of a grant for which a 
     State qualifies under this section for a fiscal year shall 
     equal up to 25 percent of the amount apportioned to the State 
     for fiscal year 1997 under section 402.
       ``(d) Administrative Expenses.--Funds authorized to be 
     appropriated to carry out this section in a fiscal year shall 
     be subject to a deduction not to exceed 5 percent for the 
     necessary costs of administering the provisions of this 
     section.
       ``(e) Applicability of Chapter 1.--The provisions contained 
     in section 402(d) shall apply to this section.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Child safety seat.--The term `child safety seat' 
     means any device (except safety belts) designed for use in a 
     motor vehicle to restrain, seat, or position a child who 
     weighs 50 pounds or less.
       ``(2) Motor vehicle.--The term `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.
       ``(3) Multipurpose passenger vehicle.--The term 
     `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.
       ``(4) Passenger car.--The term `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.
       ``(5) Passenger motor vehicle.--The term `passenger motor 
     vehicle' means a passenger car or a multipurpose passenger 
     motor vehicle.
       ``(6) Safety belt.--The term `safety belt' means--
       ``(A) 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
       ``(B) with respect to other passenger vehicles, an occupant 
     restraint system consisting of integrated lap and shoulder 
     belts.''.
       (2) Conforming amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 404 
     the following:

``405. Occupant protection incentive grants.''.

       (b) Child Passenger Protection Education Grants.--
       (1) In general.--The Secretary may make a grant to a 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 paragraph (2) through--
       (A) the child passenger protection program of the State; 
     and
       (B) at the option of the State, a grant program established 
     by the State to carry out 1 or more of the activities 
     specified in paragraph (2) by a political subdivision of the 
     State or an appropriate private entity.
       (2) Use of funds.--Funds provided to a State as a grant 
     under this subsection shall be used to implement child 
     passenger protection programs that--
       (A) are designed to prevent deaths and injuries to 
     children;
       (B) 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;
       (ii) appropriate child restraint design, selection, and 
     placement; and
       (iii) harness threading and harness adjustment on child 
     restraints; and
       (C) train and retrain child passenger safety professionals, 
     police officers, fire and emergency medical personnel, and 
     other educators concerning all aspects of child restraint 
     use.
       (3) Grant awards.--The Secretary may make a grant under 
     this subsection without regard to whether a State is eligible 
     to receive, or has received, a grant under section 405 of 
     title 23, United States Code (as inserted by subsection (a) 
     of this section).
       (4) Federal share.--The Federal share of the cost of a 
     program carried out using funds made available from a grant 
     under this subsection may not exceed 80 percent.
       (5) Report.--Each State that receives a grant under this 
     subsection shall transmit to the Secretary a report for the 
     period covered by the grant that, at a minimum, describes the 
     program activities carried out with the funds made available 
     under the grant.
       (6) Report to congress.--Not later than June 1, 2002, the 
     Secretary shall transmit to Congress a report on the 
     implementation of this subsection that includes a description 
     of the programs carried out and materials developed and 
     distributed by the States that receive grants under this 
     subsection.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $7,500,000 
     for each of fiscal years 2000 and 2001.

     SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

       (a) In General.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 410. Alcohol-impaired driving countermeasures

       ``(a) General Authority.--
       ``(1) Authority to make grants.--Subject to the 
     requirements of this section, the Secretary shall make grants 
     to States that adopt and implement effective programs to 
     reduce traffic safety problems resulting from individuals 
     driving while under the influence of alcohol. Such grants may 
     only be used by recipient States to implement and enforce 
     such programs.
       ``(2) Maintenance of effort.--No grant may be made to a 
     State under this section in any fiscal year unless the State 
     enters into such agreements with the Secretary as the 
     Secretary may require to ensure that the State will maintain 
     its aggregate expenditures from all other sources for alcohol 
     traffic safety programs at or above the average level of such 
     expenditures in its 2 fiscal years preceding the date of 
     enactment of the Transportation Equity Act for the 21st 
     Century.
       ``(3) Maximum Period of Eligibility.--No State may receive 
     grants under this section in more than 6 fiscal years 
     beginning after September 30, 1997.
       ``(4) Federal share.--The Federal share of the cost of 
     implementing and enforcing in a fiscal year a program adopted 
     by a State pursuant to paragraph (1) shall not exceed--

[[Page H3851]]

       ``(A) in each of the first and second fiscal years in which 
     the State receives a grant under this section, 75 percent;
       ``(B) in each of the third and fourth fiscal years in which 
     the State receives a grant under this section, 50 percent; 
     and
       ``(C) in each of the fifth and sixth fiscal years in which 
     the State receives a grant under this section, 25 percent.
       ``(b) Basic Grant Eligibility.--
       ``(1) Basic grant a.--A State shall become eligible for a 
     grant under this paragraph by adopting or demonstrating to 
     the satisfaction of the Secretary at least 5 of the 
     following:
       ``(A) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for 
     individuals who operate motor vehicles while under the 
     influence of alcohol that requires that--
       ``(i) in the case of an individual who, in any 5-year 
     period beginning after the date of enactment of the 
     Transportation Equity Act for the 21st Century, is determined 
     on the basis of a chemical test to have been operating a 
     motor vehicle while 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 receipt 
     of the report of the law enforcement officer--

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

       ``(ii) the suspension and revocation referred to under 
     clause (i) shall take effect not later than 30 days after the 
     day on which the individual 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 procedures of the State.
       ``(B) Underage drinking program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages and for preventing persons from making alcoholic 
     beverages available to individuals under age 21. Such system 
     may include the issuance of drivers' licenses to individuals 
     under age 21 that are easily distinguishable in appearance 
     from drivers' licenses issued to individuals age 21 or older 
     and the issuance of drivers' licenses that are tamper 
     resistant.
       ``(C) Enforcement program.--Either--
       ``(i) a statewide program for stopping motor vehicles on a 
     nondiscriminatory, lawful basis for the purpose of 
     determining whether the operators of such motor vehicles are 
     driving while under the influence of alcohol; or
       ``(ii) a statewide special traffic enforcement program for 
     impaired driving that emphasizes publicity for the program.
       ``(D) 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.
       ``(E) Drivers with high bac.--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.
       ``(F) 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; assessments of first 
     time offenders; and incorporation of treatment into judicial 
     sentencing.
       ``(G) Testing for bac.--An effective system for increasing 
     the rate of testing of the blood alcohol concentrations of 
     motor vehicle drivers involved in fatal accidents and, in 
     fiscal year 2001 and each fiscal year thereafter, a rate of 
     such testing that is equal to or greater than the national 
     average.
       ``(2) Basic grant b.--A State shall become eligible for a 
     grant under this paragraph by adopting or demonstrating to 
     the satisfaction of the Secretary each 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.
       ``(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 
     the calendar years referred to in subparagraph (A).
       ``(3) Basic grant amount.--The amount of a basic grant made 
     to a State for a fiscal year under this subsection shall 
     equal up to 25 percent of the amount apportioned to the State 
     for fiscal year 1997 under section 402.
       ``(c) Supplemental Grants.--
       ``(1) In general.--Upon receiving an application from a 
     State, the Secretary may make supplemental grants to the 
     State for meeting 1 or more of the following criteria:
       ``(A) 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.
       ``(B) 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.
       ``(C) 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.
       ``(D) 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.
       ``(E) 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.
       ``(F) Other programs.--The State provides for other 
     innovative programs to reduce traffic safety problems 
     resulting from individuals driving while under the influence 
     of alcohol or controlled substances, including programs that 
     seek to achieve such a reduction through legal, judicial, 
     enforcement, educational, technological, or other approaches.
       ``(2) Eligibility.--A State shall be eligible to receive a 
     grant under this subsection in a fiscal year only if the 
     State is eligible to receive a grant under subsection (b) in 
     such fiscal year.
       ``(3) Funding.--Of the amounts made available to carry out 
     this section in a fiscal year, not to exceed 10 percent shall 
     be available for making grants under this subsection.
       ``(d) Administrative Expenses.--Funds authorized to be 
     appropriated to carry out this section in a fiscal year shall 
     be subject to a deduction not to exceed 5 percent for the 
     necessary costs of administering the provisions of this 
     section.
       ``(e) Applicability of Chapter 1.--The provisions contained 
     in section 402(d) shall apply to this section.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
     has the meaning given such term in section 158(c).
       ``(2) Controlled substances.--The term `controlled 
     substances' has the meaning given such term in section 102(6) 
     of the Controlled Substances Act (21 U.S.C. 802(6)).
       ``(3) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term in section 405.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1998.

     SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 411. State highway safety data improvements

       ``(a) General Authority.--
       ``(1) Authority to make grants.--Subject to the 
     requirements of this section, the Secretary shall make grants 
     to States that adopt and implement effective programs--
       ``(A) to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the data of the State that 
     is needed to identify priorities for national, State, and 
     local highway and traffic safety programs;
       ``(B) to evaluate the effectiveness of efforts to make such 
     improvements;
       ``(C) to link these State data systems, including traffic 
     records, with other data systems within the State, such as 
     systems that contain medical and economic data; and
       ``(D) to improve the compatibility of the data system of 
     the State with national data systems and data systems of 
     other States and to enhance the ability of the Secretary to 
     observe and analyze national trends in crash occurrences, 
     rates, outcomes, and circumstances.

     Such grants may be used by recipient States only to implement 
     such programs.
       ``(2) Model data elements.--The Secretary, in consultation 
     with States and other appropriate parties, shall determine 
     the model data elements necessary to observe and analyze 
     national trends in crash occurrences, rates, outcomes, and 
     circumstances. In order to become eligible for a grant under 
     this section, a State shall demonstrate how the multiyear 
     highway safety data and traffic records plan of the State 
     described in subsection (b)(1) will be incorporated into data 
     systems of the State.
       ``(3) Maintenance of Effort.--No grant may be made to a 
     State under this section in any fiscal year unless the State 
     enters into such agreements with the Secretary as the 
     Secretary may require to ensure that the State will maintain 
     its aggregate expenditures from all other sources for highway 
     safety data programs at or above the average level of such 
     expenditures in its 2 fiscal years preceding the date of 
     enactment of the Transportation Equity Act for the 21st 
     Century.
       ``(4) Maximum Period of Eligibility.--No State may receive 
     grants under this section in more than 6 fiscal years 
     beginning after September 30, 1997.
       ``(5) Federal share.--The Federal share of the cost of 
     implementing and enforcing, as appropriate, in a fiscal year 
     a program adopted by

[[Page H3852]]

     a State pursuant to paragraph (1) shall not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives a grant under this section, 75 percent;
       ``(B) in the third and fourth fiscal years in which the 
     State receives a grant under this section, 50 percent; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives a grant under this section, 25 percent.
       ``(b) First-Year Grants.--
       ``(1) Eligibility.--A State shall become eligible for a 
     first-year grant under this subsection in a fiscal year if 
     the State either--
       ``(A) demonstrates, to the satisfaction of the Secretary, 
     that the State 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 (including the public health, injury control, and motor 
     carrier communities);
       ``(ii) completed, within the preceding 5 years, a highway 
     safety data and traffic records assessment or an audit of the 
     highway safety data and traffic records system of the State; 
     and
       ``(iii) initiated the development of a multiyear highway 
     safety data and traffic records strategic plan that--

       ``(I) identifies and prioritizes the highway safety data 
     and traffic records needs and goals of the State;
       ``(II) identifies performance-based measures by which 
     progress toward those goals will be determined; and
       ``(III) will be submitted to the highway safety data and 
     traffic records coordinating committee of the State for 
     approval; or

       ``(B) provides, to the satisfaction of the Secretary--
       ``(i) a certification that the State has met the 
     requirements of clauses (i) and (ii) of subparagraph (A);
       ``(ii) a multiyear highway safety data and traffic records 
     strategic plan that--

       ``(I) meets the requirements of subparagraph (A)(iii); and
       ``(II) specifies how the incentive funds of the State for 
     the fiscal year will be used to address needs and goals 
     identified in the plan; and

       ``(iii) a certification that the highway safety data and 
     traffic records coordinating committee of the State continues 
     to operate and supports the multiyear plan described in 
     clause (ii).
       ``(2) Grant amounts.--The amount of a first-year grant made 
     to a State for a fiscal year under this subsection shall 
     equal--
       ``(A) if the State is eligible for the grant under 
     paragraph (1)(A), $125,000; and
       ``(B) if the State is eligible for the grant under 
     paragraph (1)(B), an amount determined by multiplying--
       ``(i) the amount appropriated to carry out this section for 
     such fiscal year; by
       ``(ii) the ratio that the funds apportioned to the State 
     under section 402 for fiscal year 1997 bears to the funds 
     apportioned to all States under section 402 for fiscal year 
     1997;
     except that no State eligible for a grant under paragraph 
     (1)(B) shall receive less than $250,000.
       ``(3) States not meeting criteria.--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 the 
     State to qualify for a first-year grant in the next fiscal 
     year.
       ``(c) Succeeding Year Grants.--
       ``(1) Eligibility.--A State shall be eligible for a grant 
     under this subsection in a fiscal year succeeding the first 
     fiscal year in which the State receives a grant under 
     subsection (b) if the State, to the satisfaction of the 
     Secretary--
       ``(A) submits or updates a multiyear highway safety data 
     and traffic records strategic plan that meets the 
     requirements of subsection (b)(1);
       ``(B) certifies that the highway safety data and traffic 
     records coordinating committee of the State continues to 
     operate and supports the multiyear plan; and
       ``(C) reports annually on the progress of the State in 
     implementing the multiyear plan.
       ``(2) Grant amounts.--The amount of a succeeding year grant 
     made to the State for a fiscal year under this paragraph 
     shall equal the amount determined by multiplying--
       ``(A) the amount appropriated to carry out this section for 
     such fiscal year; by
       ``(B) the ratio that the funds apportioned to the State 
     under section 402 for fiscal year 1997 bears to the funds 
     apportioned to all States under section 402 for fiscal year 
     1997;
     except that no State eligible for a grant under this 
     paragraph shall receive less than $225,000.
       ``(c) Administrative Expenses.--Funds authorized to be 
     appropriated to carry out this section in a fiscal year shall 
     be subject to a deduction not to exceed 5 percent for the 
     necessary costs of administering the provisions of this 
     section.
       ``(d) Applicability of Chapter 1.--The provisions contained 
     in section 402(d) shall apply to this section.''.
       (b) Conforming Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``411. State highway safety data improvements.''.

     SEC. 2006. NATIONAL DRIVER REGISTER.

       (a) Transfer of Selected Functions to Non-Federal 
     Management.--Section 30302 of title 49, United States Code, 
     is amended by adding at the end the following:
       ``(e) Transfer of Selected Functions to Non-Federal 
     Management.--
       ``(1) Agreement.--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) Required demonstration.--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) Transition period.--Any 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 the States 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 shall continue to fund these 
     transferred functions.
       ``(4) Fees.--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 of performing these 
     functions in such fiscal year.
       ``(5) Limitation on statutory construction.--Nothing in 
     this subsection may be construed to diminish, limit, or 
     otherwise affect the authority of the Secretary to carry out 
     this chapter.''.
       (b) Access to Register Information.--
       (1) Conforming amendments.--Section 30305(b) of title 49, 
     United States Code, is amended--
       (A) in paragraph (2) by inserting before the period at the 
     end the following: ``, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request'';
       (B) in paragraph (8), as redesignated by section 207(b) of 
     the Coast Guard Authorization Act of 1996 (Public Law 104-
     324, 110 Stat. 3908)--
       (i) by striking ``paragraph (2)'' and inserting 
     ``subsection (a) of this section''; and
       (ii) by moving the text of such paragraph 2 ems to the 
     left; and
       (C) by redesignating paragraph (8), as redesignated by 
     section 502(b)(1) of the Federal Aviation Reauthorization Act 
     of 1996 (Public Law 104-264, 110 Stat. 3262), as paragraph 
     (9).
       (2) Federal agency access provision.--Section 30305(b) of 
     title 49, United States Code, is further amended--
       (A) by redesignating paragraph (6) as paragraph (10) and 
     inserting such paragraph after paragraph (9);
       (B) by inserting after paragraph (5) the following:
       ``(6) The head of a Federal department or agency that 
     issues motor vehicle operator's licenses may request the 
     chief driver licensing official of a State to obtain 
     information under subsection (a) of this section about an 
     individual applicant for a motor vehicle operator's license 
     from such department or agency. The department or agency may 
     receive the information, provided it transmits to the 
     Secretary a report regarding any individual who is denied a 
     motor vehicle operator's license by that department or agency 
     for cause; whose motor vehicle operator's license is revoked, 
     suspended, or canceled by that department or agency for 
     cause; or about whom the department or agency has been 
     notified of a conviction of any of the motor vehicle-related 
     offenses or comparable offenses listed in 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).''; and
       (C) by adding at the end the following:
       ``(11) The head of a Federal department or agency 
     authorized to receive information regarding an individual 
     from the Register under this section may request and receive 
     such information from the Secretary.''.
       (c) Evaluation and Assessment of Alternatives.--
       (1) Evaluation.--The Secretary shall evaluate the 
     implementation of chapter 303 of title 49, United States 
     Code, and the programs under sections 31106 and 31309 of such 
     title and identify alternatives to improve the ability of the 
     States to exchange information about unsafe drivers and to 
     identify drivers with multiple licenses.
       (2) Technology assessment.--The Secretary, in conjunction 
     with the American Association of Motor Vehicle 
     Administrators, shall conduct an assessment of available 
     electronic technologies to improve access to and exchange of 
     motor vehicle driving records. The assessment may consider 
     alternative unique motor vehicle driver identifiers that 
     would facilitate accurate matching of drivers and their 
     records.
       (3) Report to congress.--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 evaluation and 
     technology assessment, together with any recommendations for 
     appropriate administrative and legislative actions.
       (4) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out paragraph (2) $250,000 in the 
     aggregate for fiscal years beginning after September 30, 
     1998.

     SEC. 2007. SAFETY STUDIES.

       (a) Blowout Resistant Tires Study.--The Secretary shall 
     conduct a study on the benefit to public safety of the use of 
     blowout resistant tires on commercial motor vehicles and the 
     potential to decrease the incidence of accidents

[[Page H3853]]

     and fatalities from accidents occurring as a result of blown 
     out tires.
       (b) School Bus Occupant Safety Study.--The Secretary shall 
     conduct a study to assess occupant safety in school buses. 
     The study shall examine available information about occupant 
     safety and analyze options for improving occupant safety.
       (c) Reports.--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 each study conducted 
     under this section.
       (d) Limitation on Funding.--The Secretary may not expend 
     more than $200,000, from funds made available by section 403 
     of title 23, United States Code, for conducting each study 
     under this section.

     SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD 
                   ALCOHOL CONCENTRATIONS.

       (a) Study.--The Comptroller General shall conduct a study 
     to evaluate the effectiveness of State laws that--
       (1) deem any individual with a blood alcohol concentration 
     of 0.08 percent or greater while operating a motor vehicle to 
     be driving while intoxicated; and
       (2) deem any individual under the age of 21 with a blood 
     alcohol concentration of 0.02 percent or greater while 
     operating a motor vehicle to be driving while intoxicated;
     in reducing the number and severity of alcohol-involved 
     crashes.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report containing 
     the results of the study conducted under this section.

     SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway safety programs.--For carrying out section 402 
     of title 23, United States Code, $149,700,000 for fiscal year 
     1998, $150,000,000 for fiscal year 1999, $152,800,000 for 
     fiscal year 2000, $155,000,000 for fiscal year 2001, 
     $160,000,000 for fiscal year 2002, and $165,000,000 for 
     fiscal year 2003.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code, $72,000,000 
     for each of fiscal years 1998 through 2003.
       (3) Occupant protection incentive grants.--For carrying out 
     section 405 of title 23, United States Code, $10,000,000 for 
     each of fiscal years 1999 and 2000, $13,000,000 for fiscal 
     year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 
     for fiscal year 2003.
       (4) Alcohol-impaired driving countermeasures incentive 
     grant program.--For carrying out section 410 of title 23, 
     United States Code, $34,500,000 for fiscal year 1998, 
     $35,000,000 for fiscal year 1999, $36,000,000 for each of 
     fiscal years 2000 and 2001, $38,000,000 for fiscal year 2002, 
     and $40,000,000 for fiscal year 2003.
       (5) State highway safety data grants.--For carrying out 
     section 411 of title 23, United States Code, $5,000,000 for 
     fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000 
     for fiscal year 2001, and $10,000,000 for fiscal year 2002.
       (6) National driver register.--For carrying out chapter 303 
     of title 49, United States Code, by the National Highway 
     Traffic Safety Administration, $2,000,000 for each of fiscal 
     years 1998 through 2003.
       (b) Allocations.--
       (1) Drugs and driver behavior.--Out of amounts appropriated 
     pursuant to subsection (a)(2) for fiscal years 1998 through 
     2003, the Secretary may use--
       (A) not to exceed $2,000,000 per fiscal year to carry out 
     paragraphs (1) through (3) of section 403(b) of title 23, 
     United States Code; and
       (B) not to exceed $1,000,000 per fiscal year to carry out 
     paragraph (4) of such section.
       (2) Public education effort.--Out of amounts appropriated 
     pursuant to subsection (a)(2) for fiscal years 1998 through 
     2003, the Secretary shall obligate at least $500,000 per 
     fiscal year to educate the motoring public on how to share 
     the road safely with commercial motor vehicles.
       (c) Applicability of Title 23.--Amounts made available 
     under subsection (a)(2) for each of fiscal years 1999 through 
     2003 shall be available for obligation in the same manner as 
     if such funds were apportioned under chapter 1 of title 23, 
     United States Code.
       (d) Transfers.--In each fiscal year, the Secretary may 
     transfer any amounts remaining available under paragraph (3), 
     (4), or (5) of subsection (a) to the amounts made available 
     under any other of such paragraphs in order to ensure, to the 
     maximum extent possible, that each State receives the maximum 
     incentive funding for which the State is eligible under 
     sections 405, 410, and 411 of title 23, United States Code.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       Except as otherwise specifically 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 of 
     law, the reference shall be considered to be made to a 
     section or other provision of title 49, United States Code.

     SEC. 3003. DEFINITIONS.

       Section 5302 is amended to read as follows:

     ``Sec. 5302. Definitions

       ``(a) In General.--In this chapter, the following 
     definitions apply:
       ``(1) Capital project.--The term `capital project' means a 
     project for--
       ``(A) acquiring, constructing, supervising, or inspecting 
     equipment or a facility for use in mass transportation, 
     expenses incidental to the acquisition or construction 
     (including designing, engineering, location surveying, 
     mapping, and acquiring rights-of-way), payments for the 
     capital portions of rail trackage rights agreements, transit-
     related intelligent transportation systems, relocation 
     assistance, acquiring replacement housing sites, and 
     acquiring, constructing, relocating, and rehabilitating 
     replacement housing;
       ``(B) rehabilitating a bus;
       ``(C) remanufacturing a bus;
       ``(D) overhauling rail rolling stock;
       ``(E) preventive maintenance;
       ``(F) leasing equipment or a facility for use in mass 
     transportation, subject to regulations that the Secretary 
     prescribes limiting the leasing arrangements to those that 
     are more cost-effective than purchase or construction;
       ``(G) 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 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, and 
     provides a fair share of revenue for mass transportation 
     that will be used for mass transportation--
       ``(i) including property acquisition, demolition of 
     existing structures, site preparation, utilities, building 
     foundations, walkways, open space, safety and security 
     equipment and facilities (including lighting, surveillance 
     and related intelligent transportation system applications), 
     facilities that incorporate community services such as 
     daycare and health care, and a capital project for, and 
     improving, equipment or a facility for an intermodal transfer 
     facility or transportation mall, except that a person making 
     an agreement to occupy space in a facility under this 
     subparagraph shall pay a reasonable share of the costs of the 
     facility through rental payments and other means; and
       ``(ii) excluding construction of a commercial revenue-
     producing facility or a part of a public facility not related 
     to mass transportation;
       ``(H) the introduction of new technology, through 
     innovative and improved products, into mass transportation; 
     or
       ``(I) the provision of nonfixed route paratransit 
     transportation services in accordance with section 223 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12143), 
     but only for grant recipients that are in compliance with 
     applicable requirements of that Act, including both fixed 
     route and demand responsive service, and only for amounts not 
     to exceed 10 percent of such recipient's annual formula 
     apportionment under sections 5307 and 5311.
       ``(2) Chief executive officer of a state.--The term `chief 
     executive officer of a State' includes the designee of the 
     chief executive officer.
       ``(3) Emergency regulation.--The term `emergency 
     regulation' means a regulation--
       ``(A) that is effective temporarily before the expiration 
     of the otherwise specified periods of time for public notice 
     and comment under section 5334(b); and
       ``(B) prescribed by the Secretary as the result of a 
     finding that a delay in the effective date of the 
     regulation--
       ``(i) would injure seriously an important public interest;
       ``(ii) would frustrate substantially legislative policy and 
     intent; or
       ``(iii) would damage seriously a person or class without 
     serving an important public interest.
       ``(4) Fixed guideway.--The term `fixed guideway' means a 
     mass transportation facility--
       ``(A) using and occupying a separate right-of-way or rail 
     for the exclusive use of mass transportation and other high 
     occupancy vehicles; or
       ``(B) using a fixed catenary system and a right-of-way 
     usable by other forms of transportation.
       ``(5) Handicapped individual.--The term `handicapped 
     individual' means an individual who, because of illness, 
     injury, age, congenital malfunction, or other incapacity or 
     temporary or permanent disability (including an individual 
     who is a wheelchair user or has semiambulatory

[[Page H3854]]

     capability), cannot use effectively, without special 
     facilities, planning, or design, mass transportation service 
     or a mass transportation facility.
       ``(6) Local governmental authority.--The term `local 
     governmental authority' includes--
       ``(A) a political subdivision of a State;
       ``(B) an authority of at least 1 State or political 
     subdivision of a State;
       ``(C) an Indian tribe; and
       ``(D) a public corporation, board, or commission 
     established under the laws of a State.
       ``(7) Mass transportation.--The term `mass transportation' 
     means transportation by a conveyance that provides regular 
     and continuing general or special transportation to the 
     public, but does not include school bus, charter, or 
     sightseeing transportation.
       ``(8) Net project cost.--The term `net project cost' means 
     the part of a project that reasonably cannot be financed from 
     revenues.
       ``(9) New bus model.--The term `new bus model' means a bus 
     model (including a model using alternative fuel)--
       ``(A) that has not been used in mass transportation in the 
     United States before the date of production of the model; or
       ``(B) used in mass transportation in the United States, but 
     being produced with a major change in configuration or 
     components.
       ``(10) Public transportation.--The term `public 
     transportation' means mass transportation.
       ``(11) Regulation.--The term `regulation' means any part of 
     a statement of general or particular applicability of the 
     Secretary designed to carry out, interpret, or prescribe law 
     or policy in carrying out this chapter.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(13) State.--The term `State' means a State of the United 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, Guam, American Samoa, and the Virgin 
     Islands.
       ``(14) Transit.--The term `transit' means mass 
     transportation.
       ``(15) Transit enhancement.--The term `transit enhancement' 
     means, with respect to any project or an area to be served by 
     a project, projects that are designed to enhance mass 
     transportation service or use and that are physically or 
     functionally related to transit facilities. Eligible 
     projects are--
       ``(A) historic preservation, rehabilitation, and operation 
     of historic mass transportation buildings, structures, and 
     facilities (including historic bus and railroad facilities);
       ``(B) bus shelters;
       ``(C) landscaping and other scenic beautification, 
     including tables, benches, trash receptacles, and street 
     lights;
       ``(D) public art;
       ``(E) pedestrian access and walkways;
       ``(F) bicycle access, including bicycle storage facilities 
     and installing equipment for transporting bicycles on mass 
     transportation vehicles;
       ``(G) transit connections to parks within the recipient's 
     transit service area;
       ``(H) signage; and
       ``(I) enhanced access for persons with disabilities to mass 
     transportation.
       ``(16) Urban area.--The term `urban area' means an area 
     that includes a municipality or other built-up place that the 
     Secretary, after considering local patterns and trends of 
     urban growth, decides is appropriate for a local mass 
     transportation system to serve individuals in the locality.
       ``(17) Urbanized area.--The term `urbanized area' means an 
     area--
       ``(A) encompassing at least an urbanized area within a 
     State that the Secretary of Commerce designates; and
       ``(B) designated as an urbanized area within boundaries 
     fixed by State and local officials and approved by the 
     Secretary.
       ``(b) Authority To Modify `Handicapped Individual'.--The 
     Secretary may by regulation modify the definition of the term 
     `handicapped individual' in subsection (a)(5) as it applies 
     to section 5307(d)(1)(D).''.

     SEC. 3004. METROPOLITAN PLANNING.

       (a) General Requirements; Scope of Planning Process.--
     Section 5303 is amended by striking subsections (a) and (b) 
     and inserting the following:
       ``(a) General Requirements.--
       ``(1) Development of plans and programs.--To carry out 
     section 5301(a), metropolitan planning organizations 
     designated under subsection (c), in cooperation with the 
     States and mass transportation operators, shall develop 
     transportation plans and programs for urbanized areas of the 
     State.
       ``(2) 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) 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) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan area under this section shall 
     provide for consideration of projects and strategies that 
     will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increase the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increase the accessibility and mobility options 
     available to people and for freight;
       ``(D) protect and enhance the environment, promote energy 
     conservation, and improve quality of life;
       ``(E) enhance the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promote efficient system management and operation; 
     and
       ``(G) emphasize the preservation of the existing 
     transportation system.
       ``(2) Failure to consider factors.--The failure to consider 
     any factor specified in paragraph (1) shall not be reviewable 
     by any court under this title, subchapter II of chapter 5 of 
     title 5, or chapter 7 of title 5 in any matter affecting a 
     transportation plan, a transportation improvement plan, a 
     project or strategy, or the certification of a planning 
     process.''.
       (b) Designating Metropolitan Planning Organizations.--
     Section 5303(c) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking ``representing'' and inserting ``that 
     together represent''; and
       (B) by striking ``as defined by the Secretary of 
     Commerce)'' and inserting ``or cities, as defined by the 
     Bureau of the Census)'';
       (2) in paragraph (2)--
       (A) 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
       (B) by striking ``officials of authorities'' and inserting 
     ``officials of public agencies'';
       (3) in paragraph (3) by striking ``in an urbanized area'' 
     and all that follows through ``of the urbanized area'' and 
     inserting ``within an existing metropolitan planning area 
     only if the chief executive officer of the State and the 
     existing metropolitan organization determine that the size 
     and complexity of the existing metropolitan planning area''; 
     and
       (4) in paragraph (5)--
       (A) in subparagraph (A)--
       (i) by striking ``representing'' and inserting ``that 
     together represent''; and
       (ii) by striking ``as defined by the Secretary of 
     Commerce)'' and inserting ``or cities, as defined by the 
     Bureau of the Census)'';
       (B) in subparagraph (B) by striking ``as defined by the 
     Secretary of Commerce)'' and inserting ``or cities, as 
     defined by the Bureau of the Census)''; and
       (C) 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.''.
       (c) Metropolitan Area Boundaries.--Section 5303(d) is 
     amended--
       (1) in the subsection heading by inserting ``Planning'' 
     before ``Area'';
       (2) in the first sentence--
       (A) by striking ``To carry out'' and inserting the 
     following:
       ``(1) In general.--To carry out''; and
       (B) by inserting ``planning'' before ``area'';
       (3) by striking the second sentence and all that follows 
     and inserting the following:
       ``(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 urbanized 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 this 
     paragraph shall be retained, except that the boundaries may 
     be adjusted by agreement of the chief executive officer of 
     the State and any affected metropolitan planning 
     organizations, in the manner described in subsection (c)(5).
       ``(4) New metropolitan planning areas in nonattainment.--In 
     the case of an urbanized area designated after the date of 
     enactment of this paragraph as a nonattainment area for ozone 
     or carbon monoxide under the Clean Air Act, the boundaries of 
     the metropolitan planning area--
       ``(A) shall be established in the manner described in 
     subsection (c)(1);
       ``(B) shall encompass the areas described in paragraph 
     (2)(A);
       ``(C) may encompass the areas described in paragraph 
     (2)(B); and
       ``(D) may address any nonattainment area identified under 
     the Clean Air Act for ozone or carbon monoxide.''; and
       (4) by aligning paragraph (1) (as designated by paragraph 
     (2)(A) of this subsection) with paragraphs (2) through (4) 
     (as inserted by paragraph (3) of this subsection).
       (d) Coordination.--Section 5303(e) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``or compact'' after ``agreement'' the 
     first place it appears''; and
       (B) by striking ``making the agreement effective'' and 
     inserting ``making the agreements and compacts effective''; 
     and
       (2) by adding at the end the following:
       ``(4) The Secretary shall encourage each metropolitan 
     planning organization to coordinate, to the maximum extent 
     practicable, the design and delivery of transportation 
     services within the metropolitan planning area that are 
     provided--

[[Page H3855]]

       ``(A) by recipients of assistance under this chapter; and
       ``(B) by governmental agencies and non-profit organizations 
     (including representatives of the agencies and organizations) 
     that receive Governmental assistance from a source other than 
     the Department of Transportation to provide non-emergency 
     transportation services.''.
       (e) Developing Long-Range Transportation Plans.--Section 
     5303(f) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``United States and 
     regional transportation functions'' and inserting ``national, 
     regional, and metropolitan transportation functions'';
       (B) in subparagraph (B) by striking clause (iii) and 
     inserting the following:
       ``(iii) recommends any additional financing strategies for 
     needed projects and programs;''; and
       (C) 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'';
       (2) 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'';
       (3) in paragraph (4)--
       (A) by inserting after ``employees,'' the following: 
     ``freight shippers, providers of freight transportation 
     services,''; and
       (B) by inserting after ``private providers of 
     transportation,'' the following: ``representatives of users 
     of public transit,'';
       (4) in paragraph (5)(A) by inserting ``published or 
     otherwise'' before ``made readily available'';
       (5) in the subsection heading by striking ``Long-Range 
     Plans'' and inserting ``Long-Range Transportation Plans''; 
     and
       (6) by striking ``long-range plans'' each place it appears 
     and inserting ``long-range transportation plans''.

     SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.

       (a) Development and Update.--The second sentence of section 
     5304(a) is amended--
       (1) 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) by inserting after ``employees,'' the following: 
     ``other affected employee representatives, freight shippers, 
     providers of freight transportation services,''; and
       (3) by inserting after ``private providers of 
     transportation,'' the following: ``representatives of users 
     of public transit,''.
       (b) Contents.--Section 5304(b)(2) is amended by striking 
     subparagraph (C) and inserting the following:
       ``(C) identifies innovative financing techniques to finance 
     projects, programs, and strategies, which may include, for 
     illustrative purposes, additional projects that would be 
     included in the approved transportation improvement program 
     if reasonable additional resources beyond those identified in 
     the financial plan were available.''.
       (c) Project Selection.--Section 5304(c) is amended--
       (1) by striking paragraph (1) and inserting the following: 
     ``(1) Except as otherwise provided in section 5305(d)(1) and 
     in addition to the transportation improvement program 
     development required under subsection (b), the selection of 
     federally funded projects for implementation in metropolitan 
     areas shall be carried out, from the approved transportation 
     improvement program--
       ``(A) by--
       ``(i) in the case of projects under title 23, the State; 
     and
       ``(ii) in the case of projects under this chapter, the 
     designated transit funding recipients; and
       ``(B) in cooperation with the metropolitan planning 
     organization.''; and
       (2) 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 in the program.
       ``(4) Selection of projects from illustrative list.--
     Notwithstanding subsection (b)(2)(C), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the financial plan under subsection (b)(2)(C).
       ``(5) Publication.--(A) A transportation improvement 
     program involving Government participation shall be published 
     or otherwise made readily available by the metropolitan 
     planning organization for public review.
       ``(B) An annual listing of projects for which Government 
     funds have been obligated in the preceding year shall be 
     published or otherwise made available by the metropolitan 
     planning organization for public review. The listing shall be 
     consistent with the categories identified in the 
     transportation improvement program.
       ``(6) 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.''.

     SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.

       (a) Designation.--Section 5305(a) is amended 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.''.
       (b) Transportation Plans and Programs.--Section 5305(b) is 
     amended by inserting ``affected'' before ``mass 
     transportation operators''.
       (c) Congestion Management System.--Section 5305(c) is 
     amended by striking ``The Secretary'' and all that follows 
     through the final period.
       (d) Project Selection.--Section 5305(d)(1)(A) is amended by 
     inserting ``and any affected mass transportation operator'' 
     after ``the State''.
       (e) Certification.--Section 5305(e) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2)(A) If a metropolitan planning process is not 
     certified, 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.
       ``(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.''; and
       (2) by adding at the end the following:
       ``(4) In making certification determinations under this 
     subsection, the Secretary shall provide for public 
     involvement appropriate to the metropolitan area under 
     review.''.
       (f) Continuation of Current Review Practice.--Section 5305 
     is amended by adding at the end the following:
       ``(h) Continuation of Current Review Practice.--Since plans 
     and programs described in this section 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 such Act as of January 
     1, 1997, any decision by the Secretary concerning a plan or 
     program described in this section shall not be considered to 
     be a Federal action subject to review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

     SEC. 3007. URBANIZED AREA FORMULA GRANTS.

       (a) Section Heading.--
       (1) Amendment to section 5307.--Section 5307 is amended by 
     striking the section heading and inserting the following:

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

       (2) Conforming amendment.--The item relating to section 
     5307 in the table of sections for chapter 53 is amended to 
     read as follows:

``5307. Urbanized area formula grants.''.
       (b) Definitions.--Section 5307(a) is amended--
       (1) by striking ``In this section--'' and inserting ``In 
     this section, the following definitions apply:'';
       (2) by inserting ``Associated capital maintenance items.--
     The term'' after ``(1)''; and
       (3) by inserting ``Designated recipient.--The term'' after 
     ``(2)''.
       (c) General Authority.--Section 5307(b) is amended--
       (1) in paragraph (1)--
       (A) by striking ``, improvement, and operating costs'' and 
     inserting ``and improvement costs''; and
       (B) 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.'';
       (2) in paragraph (2)(A)--
       (A) by inserting ``, in writing,'' after ``approved''; and
       (B) by striking ``and'' at the end;
       (3) in paragraph (2)(B) by striking the period at the end 
     and inserting ``; and'';
       (4) in paragraph (2) by adding at the end the following:
       ``(C) the metropolitan planning organization in approving 
     the use under subparagraph (A) determines that the local 
     transit needs are being addressed.'';
       (5) by striking paragraphs (3) and (5); and
       (6) by redesignating paragraph (4) as paragraph (3).
       (d) Advance Construction.--Section 5307(g)(3) is amended by 
     striking ``the amount by which'' and all that follows through 
     the period at the end and inserting ``the most favorable 
     financing terms reasonably available for the project at the 
     time of borrowing. The applicant shall certify, in a manner 
     satisfactory to the Secretary, that the applicant has shown 
     reasonable diligence in seeking the most favorable financing 
     terms.''.
       (e) Coordination of Reviews.--Section 5307(i)(2) is amended 
     by adding at the end the following: ``To the extent 
     practicable, the Secretary shall coordinate such reviews with 
     any related State or local reviews.''.
       (f) Transit Enhancement Activities.--Section 5307(k) is 
     amended to read as follows:
       ``(k) Transit Enhancement Activities.--
       ``(1) In general.--One percent of the funds apportioned to 
     urbanized areas with a population of at least 200,000 under 
     section 5336 for a fiscal year shall be made available for 
     transit enhancement activities in accordance with section 
     5302(a)(15).
       ``(2) Period of availability.--Funds apportioned under 
     paragraph (1) shall be available for obligation for 3 years 
     following the fiscal year in which the funds are apportioned. 
     Funds

[[Page H3856]]

     that are not obligated at the end of such period shall be 
     reapportioned under the urbanized area formula program of 
     section 5336.
       ``(3) Report.--A recipient of funds apportioned under 
     paragraph (1) shall submit, as part of the recipient's annual 
     certification to the Secretary, a report listing the projects 
     carried out during the fiscal year with those funds.''.
       (g) Conforming Amendments.--Section 5307(n)(2) is amended 
     by inserting ``5319,'' after ``5318,''.

     SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.

       (a) In General.--Section 5308 is amended to read as 
     follows:

     ``Sec. 5308. Clean fuels formula grant program

       ``(a) Definitions.--In this section--
       ``(1) the term `clean fuel vehicle' means a vehicle that--
       ``(A) is powered by--
       ``(i) compressed natural gas;
       ``(ii) liquefied natural gas;
       ``(iii) biodiesel fuels;
       ``(iv) batteries;
       ``(v) alcohol-based fuels;
       ``(vi) hybrid electric;
       ``(vii) fuel cell;
       ``(viii) clean diesel, to the extent allowed under this 
     section; or
       ``(ix) other low or zero emissions technology; and
       ``(B) the Administrator of the Environmental Protection 
     Agency has certified sufficiently reduces harmful emissions;
       ``(2) the term `designated recipient' has the same meaning 
     as in section 5307(a)(2); and
       ``(3) the term `eligible project'--
       ``(A) means a project for--
       ``(i) purchasing or leasing clean fuel buses, including 
     buses that employ a lightweight composite primary structure;
       ``(ii) constructing or leasing clean fuel buses or 
     electrical recharging facilities and related equipment;
       ``(iii) improving existing mass transportation facilities 
     to accommodate clean fuel buses;
       ``(iv) repowering pre-1993 engines with clean fuel 
     technology that meets the current urban bus emission 
     standards; or
       ``(v) retrofitting or rebuilding pre-1993 engines if before 
     half life to rebuild; 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.
       ``(b) Authority.--The Secretary shall make grants in 
     accordance with this section to designated recipients to 
     finance eligible projects.
       ``(c) Application.--
       ``(1) In general.--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.
       ``(2) Certification required.--An application submitted 
     under paragraph (1) shall contain a certification by the 
     applicant that the grantee will operate vehicles purchased 
     with a grant under this section only with clean fuels.
       ``(d) Apportionment of Funds.--
       ``(1) Formula.--Not later than February 1 of each year, the 
     Secretary shall apportion amounts made available to carry out 
     this section to designated recipients submitting applications 
     under subsection (c), of which--
       ``(A) two-thirds shall be apportioned to designated 
     recipients with eligible projects in urban areas with a 
     population of at least 1,000,000, of which--
       ``(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 at least 
     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); and

       ``(ii) 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 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 at least 
     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); and

       ``(B) one-third shall be apportioned to designated 
     recipients with eligible projects in urban areas with a 
     population of less than 1,000,000, of which--
       ``(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); and

       ``(ii) 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 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
       ``(II) a marginal carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of the Clean Air 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 the Clean Air 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 the Clean Air 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 the Clean Air 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 the Clean Air 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 at least 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) Additional Requirements.--
       ``(1) Limitation on uses.--Not less than 5 percent of the 
     amount made available by or appropriated under section 5338 
     in each fiscal year to carry out this section shall be 
     available for any eligible projects for which an application 
     is received from a designated recipient, for--
       ``(A) the purchase or construction of hybrid electric or 
     battery-powered buses; or
       ``(B) facilities specifically designed to service those 
     buses.
       ``(2) Clean diesel buses.--Not more than $50,000,000 of the 
     amount made available by or appropriated under section 5338 
     in each fiscal year to carry out this section may be made 
     available to fund clean diesel buses.
       ``(3) Bus retrofitting and replacement.--Not more than 5 
     percent of the amount made available by or appropriated under 
     section 5338 in each fiscal year to carry out this section 
     may be made available to fund retrofitting or replacement of 
     the engines of buses that do not meet the clean air standards 
     of the Environmental Protection Agency, as in effect on the 
     date on which the application for such retrofitting or 
     replacement is submitted under subsection (c)(1).
       ``(f) Availability of Funds.--Any amount made available or 
     appropriated under this section--
       ``(1) shall remain available to a project 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) Clerical Amendment.--The analysis for chapter 53 is 
     amended by striking the item relating to section 5308 and 
     inserting the following:

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

[[Page H3857]]

     SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.

       (a) Section Heading.--Section 5309 is amended in the 
     section heading by striking ``Discretionary'' and inserting 
     ``Capital investment''.
       (b) Conforming Amendment.--The item relating to section 
     5309 in the table of sections for chapter 53 is amended by 
     striking ``Discretionary'' and inserting ``Capital 
     investment''.
       (c) General Authority.--Section 5309(a)(1) is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (2) by striking subparagraph (E) and inserting the 
     following:
       ``(E) capital projects to modernize existing fixed guideway 
     systems;
       ``(F) capital projects to replace, rehabilitate, and 
     purchases buses and related equipment and to construct bus-
     related facilities;''.
       (d) Consideration of Decreased Commuter Rail 
     Transportation.--Section 5309(c) is amended to read as 
     follows:
       ``(c) [Reserved.]''.
       (e) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--Section 5309(e) is amended to read as follows:
       ``(e) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--
       ``(1) In general.--The Secretary 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 determines 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) Alternatives analysis and preliminary engineering.--
     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) Project justification.--In evaluating a project under 
     paragraph (1)(B), the Secretary shall--
       ``(A) consider the direct and indirect costs of relevant 
     alternatives;
       ``(B) consider factors such as congestion relief, improved 
     mobility, air pollution, noise pollution, energy consumption, 
     and all associated ancillary and mitigation costs necessary 
     to carry out each alternative analyzed, and recognize 
     reductions in local infrastructure costs achieved through 
     compact land use development;
       ``(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 that the Secretary determines 
     appropriate to carry out this chapter.
       ``(4) Local financial commitment.--
       ``(A) Evaluation of project.--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 that the Secretary 
     determines to be reasonable to cover unanticipated cost 
     increases;
       ``(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) Considerations.--In assessing the stability, 
     reliability, and availability of proposed sources of local 
     financing under subparagraph (A), the Secretary 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) Regulations.--Not later than 120 days after the date 
     of enactment of the Federal Transit Act of 1998, the 
     Secretary shall issue regulations 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, as required under 
     this subsection.
       ``(6) Project evaluation and rating.--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 finds 
     that the project meets the requirements of this section and 
     there is a reasonable likelihood that the project will 
     continue to meet such requirements. In making such findings, 
     the Secretary shall evaluate and rate the project as `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. In rating the 
     projects, the Secretary shall provide, in addition to the 
     overall project rating, individual ratings for each criteria 
     established under the regulations issued under paragraph (5).
       ``(7) Full funding grant agreement.--A project financed 
     under this subsection shall be carried out through a full 
     funding grant agreement. The Secretary shall enter into a 
     full funding grant agreement based on the evaluations and 
     ratings required under this subsection. 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) Limitations on applicability.--
       ``(A) Projects with a section 5309 federal share of less 
     than $25,000,000.--A project for a new 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) Projects in nonattainment areas.--The simultaneous 
     evaluation of projects in at least 2 corridors in a 
     metropolitan area may not be limited and the Secretary 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 defined by the 
     Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(iii) required to carry out the State Implementation 
     Plan.
       ``(C) Projects financed with highway funds.--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) Previously issued letter of intent or full funding 
     grant agreement.--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.''.
       (f) Letters of Intent and Full Funding Grant Agreements.--
     Section 5309(g) 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'';
       (3) in paragraph (1)(B)--
       (A) by striking ``30 days'' and inserting ``60 days'';
       (B) by inserting before the first comma ``or entering into 
     a full funding grant agreement''; 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 the evaluations and ratings for the project.''; and
       (4) in paragraph (4), by striking ``50 percent'' and all 
     that follows through ``obligated)'' and inserting ``an amount 
     equivalent to the total authorizations under section 5338(b) 
     for new fixed guideway systems and extensions to existing 
     fixed guideway systems for fiscal years 2002 and 2003''.
       (g) Allocating Amounts.--Section 5309(m) is amended to read 
     as follows:
       ``(m) Allocating Amounts.--
       ``(1) In general.--Of the amounts made available by or 
     appropriated under section 5338 for grants and loans under 
     this section for each of fiscal years 1998 through 2003--
       ``(A) 40 percent shall be available for fixed guideway 
     modernization;
       ``(B) 40 percent shall be available for capital projects 
     for new fixed guideway systems and extensions to existing 
     fixed guideway systems; and
       ``(C) 20 percent shall be available to replace, 
     rehabilitate, and purchase buses and related equipment and to 
     construct bus-related facilities.
       ``(2) Limitation on amounts available for activities other 
     than final design and construction.--Not more than 8 percent 
     of the amounts made available in each fiscal year by 
     paragraph (1)(B) shall be available for activities other than 
     final design and construction.
       ``(3) Bus and bus facility grants.--
       ``(A) Consideration.--In making grants under paragraph 
     (1)(C), the Secretary shall consider the age of buses, bus 
     fleets, related equipment, and bus-related facilities.
       ``(B) Funding for bus testing facility.--Of the amounts 
     made available under paragraph (1)(C), $3,000,000 shall be 
     available in each of fiscal years 1998 through 2003 to carry 
     out section 5318.
       ``(4) Funding for clean fuels.--Of the amounts made 
     available under paragraph (1)(C), $50,000,000 shall be 
     available in each of fiscal years 1999 through 2003 to carry 
     out section 5308.
       ``(5) Funding for ferry boat systems.--
       ``(A) Of the amounts made available under paragraph (1)(B), 
     $10,400,000 shall be available in each of fiscal years 1999 
     through 2003 for capital projects in Alaska or Hawaii, for 
     new fixed guideway systems and extensions to fixed guideway 
     systems that are ferry boats or ferry terminal facilities, or 
     that are approaches to ferry terminal facilities.
       ``(B) Of the amounts appropriated under section 5338(h)(5), 
     $3,600,000 shall be available in each of fiscal years 1999 
     through 2003 for capital projects in Alaska or Hawaii, for 
     new fixed

[[Page H3858]]

     guideway systems and extensions to fixed guideway systems 
     that are ferry boats or ferry terminal facilities, or that 
     are approaches to ferry terminal facilities.''.
       (h) Conforming Amendments.--
       (1) Repeal.--Section 5309(f) is amended to read as follows:
       ``(f) [Reserved.]''.
       (2) Cross reference.--Section 5328(a)(2), by striking 
     ``5309(e) (1)-(6) of this title'' and inserting ``5309(e)''.
       (3) References to full funding grant agreements.--Chapter 
     53 is amended--
       (A) in section 5320--
       (i) by striking ``full financing'' each place it appears 
     and inserting ``full funding''; and
       (ii) in subsection (e) in the subsection heading, by 
     striking ``Financing'' and inserting ``Funding''; and
       (B) in section 5328(a)(4) by striking ``full financing'' 
     each place it appears and inserting ``full funding''.
       (i) Reports.--Section 5309 is amended by adding at the end 
     the following:
       ``(o) 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.--The annual report under 
     this paragraph shall include 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. The report shall also include 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 currently available to the Secretary.
       ``(2) Supplemental report on new starts.--The Secretary 
     shall submit a report to Congress on the 31st day of August 
     of each year 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 General Accounting Office 
     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) shall report to Congress on the results of such 
     review by April 30 of each year.''.
       (j) Project Defined.--Section 5309 is amended by adding at 
     the end the following:
       ``(p) Project Defined.--In this section, the term `project' 
     means, with respect to a new fixed guideway system or 
     extension to an existing fixed guideway system, a minimum 
     operable segment of the project.''.

     SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS.

       (a) In General.--The Secretary shall not consider the 
     dollar value of mobility improvements, as specified in the 
     report required under section 5309(o) (as added by this Act), 
     in evaluating projects under section 5309 of title 49, United 
     States Code, in developing regulations, or in carrying out 
     any other duty of the Secretary.
       (b) Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the dollar value of mobility improvements and the 
     relationship of mobility improvements to the overall 
     transportation justification of a new fixed guideway system 
     or extension to an existing system.
       (2) Report.--Not later than January 1, 2000, the Secretary 
     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 under paragraph 
     (1), including an analysis of the factors relevant to 
     determining the dollar value of mobility improvements.

     SEC. 3011. LOCAL SHARE.

       (a) In General.--Notwithstanding any other provision of 
     law, for fiscal years 1999 through 2003, a recipient of 
     assistance under section 5307 or 5309 of title 49, United 
     States Code, may use, as part of the local matching funds for 
     a capital project (as defined in section 5302(a) of title 49, 
     United States Code), the proceeds from the issuance of 
     revenue bonds.
       (b) Maintenance of Effort.--The Secretary shall approve of 
     the use of the proceeds from the issuance of revenue bonds 
     for the remainder of the net project cost (as defined in 
     section 5302(a) of title 49, United States Code) only if the 
     aggregate amount of financial support for mass transportation 
     in the urbanized area from the State and affected local 
     governmental authorities during the next 3 fiscal years, as 
     programmed in the State Transportation Improvement Program 
     under section 135 of title 23, United States Code, is not 
     less than the aggregate amount provided by the State and 
     affected local governmental authorities in the urbanized area 
     during the preceding 3 fiscal years.
       (c) Report.--
       (1) In general.--Not later than January 1, 2003, 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 on the recipients described in subsection 
     (a) that have used, as part of the local matching funds for a 
     capital project, the proceeds from the issuance of revenue 
     bonds, during the period described in subsection (a).
       (2) Contents of report.--The report required by this 
     subsection shall include--
       (A) information on each project undertaken, the amount of 
     the revenue bonds issued, and the status of repayment of the 
     bonds; and
       (B) any recommendations of the Secretary regarding the 
     application of this section.

     SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.

       (a) Fixed Guideway Technology.--The Secretary shall make 
     grants for the study, design, and demonstration of fixed 
     guideway technology. Of the amounts made available by or 
     appropriated under section 5338(d) of title 49, United States 
     Code, the Secretary shall make funds available for the 
     following projects in not less than the amounts specified for 
     the fiscal year:
       (1) North Orange-South Seminole County, FL $750,000 for 
     fiscal year 1999.
       (2) Galveston, TX fixed guideway activities $750,000 for 
     fiscal year 1999.
       (3) Washoe County, NV Transit Technology, $1,250,000 for 
     each of fiscal years 1999 and 2000.
       (b) Bus Technology.--The Secretary shall make grants for 
     the study, design, and demonstration of bus technology. Of 
     the amounts made available by or appropriated under section 
     5338(d) of title 49, United States Code, the Secretary shall 
     make funds available for the following projects in not less 
     than the amounts specified for the fiscal year:
       (1) MBTA, MA Advanced Electric Transit Buses and Related 
     Infrastructure, $1,500,000 for each of fiscal years 1999 and 
     2000.
       (2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each 
     of fiscal years 1999 and 2000.
       (3) Gloucester, MA Intermodal Technology Center, $1,500,000 
     for each of fiscal years 1999 and 2000.
       (c) Advanced Propulsion Control System.--
       (1) In general.--Of the amounts made available by or 
     appropriated under section 5338(d) of title 49, United States 
     Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal 
     year 2000, and $3,000,000 for fiscal year 2002 shall be 
     available to the Southeastern Pennsylvania Transit Authority 
     (in this subsection referred to as ``SEPTA''), to be used 
     only for the completion of the program to develop and deploy 
     a new Advanced Propulsion Control System begun under the 
     Request for Technical Proposals for Project S-2814-2.
       (2) Action required by septa.--This subsection shall take 
     effect only if SEPTA issues a request for cost proposals to 
     the 4 selectees from the full and open competition under 
     SEPTA's Request for Technical Proposals for Project S-2814-2 
     not later than 60 days after the date of enactment of this 
     Act.

     SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF 
                   ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
                   DISABILITIES.

       (a) Section Heading.--Section 5310 is amended in the 
     section heading by striking ``Grants'' and inserting 
     ``Formula grants''.
       (b) Conforming Amendment.--The item relating to section 
     5310 in the table of sections for chapter 53 is amended by 
     inserting ``formula'' before ``grants''.

     SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.

       (a) In General.--Section 5311 is amended--
       (1) in the section heading, by striking ``Financial 
     assistance'' and inserting ``Formula grants''; and
       (2) in subsection (f)(1) by striking ``10 percent of the 
     amount made available in the fiscal year ending September 30, 
     1993, and''.
       (b) Conforming Amendment.--The item relating to section 
     5311 in the table of sections for chapter 53 is amended by 
     striking ``Financial assistance'' and inserting ``Formula 
     grant''.

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

       (a) In General.--Section 5312 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 1 or more public or private organizations 
     located in the United States that provide mass transportation 
     service to the public and 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 services, management, operational 
     practices, or technology that has broad applicability. This 
     paragraph shall be carried out in consultation with the 
     transit industry by competitively selected consortia that 
     will share costs, risks, and rewards of early deployment of 
     innovation.
       ``(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.

[[Page H3859]]

       ``(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 accept, to the 
     maximum extent practicable, a portion of the revenues 
     resulting from sales of an innovation project funded under 
     this section. Such revenues shall be accounted for separately 
     within the Mass Transit Account of the Highway Trust Fund and 
     shall be available to the Secretary for activities under this 
     subsection. Annual revenues that are less than $1,000,000 
     shall be available for obligation without further 
     appropriation and shall not be subject to any obligation 
     limitation.
       ``(e) International Mass Transportation Program.--
       ``(1) Activities.--The Secretary is authorized to engage in 
     activities to inform the United States domestic mass 
     transportation community about technological innovations 
     available in the international marketplace and activities 
     that may afford domestic businesses the opportunity to 
     become globally competitive in the export of mass 
     transportation products and services. Such activities may 
     include--
       ``(A) development, monitoring, assessment, and 
     dissemination domestically of information about worldwide 
     mass transportation market opportunities;
       ``(B) cooperation with foreign public sector entities in 
     research, development, demonstration, training, and other 
     forms of technology transfer and exchange of experts and 
     information;
       ``(C) advocacy, in international mass transportation 
     markets, of firms, products, and services available from the 
     United States;
       ``(D) informing the international market about the 
     technical quality of mass transportation products and 
     services through participation in seminars, expositions, and 
     similar activities; and
       ``(E) offering those Federal Transit Administration 
     technical services which cannot be readily obtained from the 
     United States private sector to foreign public authorities 
     planning or undertaking mass transportation projects if the 
     cost of these services will be recovered under the terms of 
     each project.
       ``(2) Cooperation.--The Secretary may carry out activities 
     under this subsection in cooperation with other Federal 
     agencies, State or local agencies, public and private 
     nonprofit institutions, government laboratories, foreign 
     governments, or any other organization the Secretary 
     determines is appropriate.
       ``(3) Funding.--The funds available to carry out this 
     subsection shall include revenues paid to the Secretary by 
     any cooperating organization or person. Such revenues shall 
     be accounted for separately within the Mass Transit Account 
     of the Highway Trust Fund and shall be available to the 
     Secretary to carry out activities under this subsection, 
     including promotional materials, travel, reception, and 
     representation expenses necessary to carry out such 
     activities. Annual revenues that are less than $1,000,000 
     shall be available for obligation without further 
     appropriation and shall not be subject to any obligation 
     limitation. Not later than January 1 of each fiscal year, the 
     Secretary shall publish a report on the activities under this 
     paragraph funded from the account.''.
       (b) Fuel Cell Bus and Bus Facilities Program.--Of the funds 
     made available for each fiscal year to carry out section 
     5309(m)(1)(C) of title 49, United States Code, $4,850,000 
     shall be available to carry out the fuel cell powered transit 
     bus program and the intermodal transportation fuel cell bus 
     maintenance facility.
       (c) Advanced Technology Pilot Project.--
       (1) In general.--The Secretary shall make grants for the 
     development of low speed magnetic levitation technology for 
     public transportation purposes in urban areas to demonstrate 
     energy efficiency, congestion mitigation, and safety 
     benefits.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act for each of fiscal years 1998 through 
     2003, $5,000,000 per fiscal year shall be available to carry 
     out this subsection.
       (3) Federal share.--The Federal share payable on account of 
     activities carried out using a grant made under this 
     subsection shall be 80 percent of the cost of such 
     activities.

     SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.

       Section 5314(a)(2) is amended by striking ``$2,000,000'' 
     and inserting ``$3,000,000''.

     SEC. 3017. NATIONAL TRANSIT INSTITUTE.

       (a) In General.--Section 5315(a) is amended--
       (1) in paragraph (5) by inserting ``and architectural 
     design'' before the semicolon at the end;
       (2) in paragraph (7) by striking ``carrying out'' and 
     inserting ``delivering'';
       (3) in paragraph (11) by inserting ``, construction 
     management, insurance, and risk management'' before the 
     semicolon at the end;
       (4) in paragraph (13) by striking ``and'' at the end;
       (5) in paragraph (14) by striking the period at the end and 
     inserting a semicolon; and
       (6) by adding at the end the following:
       ``(15) innovative finance; and
       ``(16) workplace safety.''.
       (b) Conforming Amendment.--The item relating to section 
     5315 in the table of sections for chapter 53 is amended by 
     striking ``mass transportation'' and inserting ``transit''.

     SEC. 3018. BUS TESTING FACILITIES.

       (a) Operation and Maintenance.--Section 5318(b) is 
     amended--
       (1) by striking ``make a contract with'' and inserting 
     ``enter into a contract or cooperative agreement with, or 
     make a grant to,'';
       (2) by inserting ``or organization'' after ``person'';
       (3) by inserting ``, cooperative agreement, or grant'' 
     after ``The contract''; and
       (4) by inserting ``mass transportation'' after ``and 
     other''.
       (b) Availability of Amounts.--Section 5318(d) is amended by 
     striking ``make a contract with'' and inserting ``enter into 
     a contract or cooperative agreement with, or make a grant 
     to,''.

     SEC. 3019. BICYCLE FACILITIES.

       Section 5319 is amended by striking ``under this section is 
     for 90 percent of the cost of the project'' and inserting 
     ``made eligible by this section is for 90 percent of the cost 
     of the project, except that, if the grant or any portion of 
     the grant is made with funds required to be expended under 
     section 5307(k) and the project involves providing bicycle 
     access to mass transportation, that grant or portion of that 
     grant shall be at a Federal share of 95 percent''.

     SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.

       (a) Technical Amendment.--Section 5323(d) is amended by 
     striking    ``Buying and Operating Buses.--'' and inserting 
     ``Condition on Charter Bus Transportation Service.--''.
       (b) Buy America.--Section 5323(j)(7) is amended to read as 
     follows:
       ``(7) Opportunity to correct inadvertent error.--The 
     Secretary may allow a manufacturer or supplier of steel, 
     iron, or manufactured goods to correct after bid opening any 
     certification of noncompliance or failure to properly 
     complete the certification (but not including failure to sign 
     the certification) under this subsection if such manufacturer 
     or supplier attests under penalty of perjury that such 
     manufacturer or supplier submitted an incorrect certification 
     as a result of an inadvertent or clerical error. The burden 
     of establishing inadvertent or clerical error is on the 
     manufacturer or supplier.''.
       (c) Government's Share.--Section 5323(i) is amended to read 
     as follows:
       ``(i) Government Share of Costs for Certain Projects.--A 
     grant for a project to be assisted under this chapter that 
     involves acquiring vehicle-related equipment required by the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.) or vehicle-related equipment (including clean fuel or 
     alternative fuel vehicle-related equipment) for purposes of 
     complying with or maintaining compliance with the Clean Air 
     Act, is for 90 percent of the net project cost of such 
     equipment attributable to compliance with those Acts. The 
     Secretary shall have discretion to determine, through 
     practicable administrative procedures, the costs of such 
     equipment attributable to compliance with those Acts.''.
       (d) HHS and Public Transit Service.--Section 5323 is 
     amended--
       (1) by redesignating subsections (k) and (l) as subsections 
     (l) and (m), respectively; and
       (2) by inserting after subsection (j) the following:
       ``(k) 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.''.
       (e) Submission of Certifications.--Section 5323 is amended 
     by adding at the end the following:
       ``(n) Submission of Certifications.--A certification 
     required under this chapter and any additional certification 
     or assurance required by law or regulation to be submitted to 
     the Secretary may be consolidated into a single document to 
     be submitted annually as part of a grant application under 
     this chapter. The Secretary shall publish annually a list of 
     all certifications required under this chapter with the 
     publication required under section 5336(e)(2).''.
       (f) Grant Requirements.--Section 5323 is amended by adding 
     at the end the following:
       ``(o) Grant Requirements.--The grant requirements under 
     sections 5307 and 5309 apply to any project under this 
     chapter that receives any assistance or other financing under 
     the Transportation Infrastructure Finance and Innovation Act 
     of 1998.''.

     SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE 
                   INVESTMENT FROM MASS TRANSIT ACCOUNT OF HIGHWAY 
                   TRUST FUND.

       (a) In General.--The Secretary shall establish a pilot 
     program to determine the benefits of using funds from the 
     Mass Transit Account of the Highway Trust Fund for intercity 
     passenger rail. Any assistance provided to the State of 
     Oklahoma under sections 5307 and 5311 of title 49, United 
     States Code, during fiscal years 1998 through 2003 may be 
     used for capital improvements to, and operating assistance 
     for, intercity passenger rail service.
       (b) Report.--
       (1) In general.--Not later than October 1, 2002, 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 on the pilot program established under this 
     section.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an evaluation of the effect of the pilot program on 
     alternative forms of transportation within the State of 
     Oklahoma;
       (B) an evaluation of the effect of the program on operators 
     of mass transportation and their passengers;

[[Page H3860]]

       (C) a calculation of the amount of Federal assistance 
     provided under this section transferred for the provision of 
     intercity passenger rail service; and
       (D) an estimate of the benefits to intercity passenger rail 
     service, including the number of passengers served, the 
     number of route miles covered, and the number of localities 
     served by intercity passenger rail service.

     SEC. 3022. CONTRACT REQUIREMENTS.

       (a) Efficient Procurement.--Section 5325 is amended--
       (1) by striking subsections (b) and (c);
       (2) by redesignating subsection (d) as subsection (b); and
       (3) by adding at the end the following:
       ``(c) Efficient Procurement.--A recipient may award a 
     procurement contract under this chapter to other than the 
     lowest bidder when the award furthers an objective consistent 
     with the purposes of this chapter, including improved long-
     term operating efficiency and lower long-term costs.''.

     SEC. 3023. SPECIAL PROCUREMENTS.

       (a) Turnkey System Projects.--Section 5326(a) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Turnkey system project defined.--In this subsection, 
     the term `turnkey system project' means a project under which 
     a recipient enters into a contract with a seller, firm, or 
     consortium of firms to design and build a mass transportation 
     system or an operable segment thereof that meets specific 
     performance criteria. Such project may also include an option 
     to finance, or operate for a period of time, the system or 
     segment or any combination of designing, building, operating, 
     or maintaining such system or segment.'';
       (2) in paragraph (2)--
       (A) by inserting ``Selection of turnkey projects.--'' after 
     ``(2)''; and
       (B) by inserting ``or an operable segment of a mass 
     transportation system'' after ``transportation system'';
       (3) in paragraph (3) by inserting ``Demonstrations.--'' 
     after ``(3)''; and
       (4) by aligning paragraphs (2) and (3) with paragraph (1) 
     of such section, as amended by paragraph (1) of this section.
       (b) Technical Amendment.--Section 5326 is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Acquiring Rolling Stock.--A recipient of financial 
     assistance under this chapter may enter into a contract to 
     expend that assistance to acquire rolling stock--
       ``(1) based on--
       ``(A) initial capital costs; or
       ``(B) performance, standardization, life cycle costs, and 
     other factors; or
       ``(2) with a party selected through a competitive 
     procurement process.
       ``(d) Procuring Associated Capital Maintenance Items.--A 
     recipient of assistance under section 5307 procuring an 
     associated capital maintenance item under section 5307(b) may 
     enter into a contract directly with the original manufacturer 
     or supplier of the item to be replaced, without receiving 
     prior approval of the Secretary, if the recipient first 
     certifies in writing to the Secretary that--
       ``(1) the manufacturer or supplier is the only source for 
     the item; and
       ``(2) the price of the item is no more than the price that 
     similar customers pay for the item.''.
       (c) Conforming Amendment.--Section 5334(b)(4) is amended by 
     striking ``5323(a)(2), (c) and (e), 5324(c), and 5325 of this 
     title'' and inserting ``5323(a)(2), 5323(c), 5323(e), 
     5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)''.

     SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

       (a) Limitation on Use of Available Amounts.--Section 
     5327(c)(2) is amended--
       (1) by striking ``make contracts'' and inserting ``enter 
     into contracts''; and
       (2) by inserting before the period at the end of the first 
     sentence the following: ``and to provide technical assistance 
     to correct deficiencies identified in compliance reviews and 
     audits carried out under this section''.
       (b) Financial Plan.--Section 5327 is amended by adding at 
     the end the following:
       ``(f) Financial Plan.--A recipient of financial assistance 
     for a project under this chapter with an estimated total cost 
     of $1,000,000,000 or more shall submit to the Secretary an 
     annual financial plan for the project. The plan shall be 
     based on detailed annual estimates of the cost to complete 
     the remaining elements of the project and on reasonable 
     assumptions, as determined by the Secretary, of future 
     increases in the cost to complete the project.''.

     SEC. 3025. ADMINISTRATIVE PROCEDURES.

       (a) Training and Conference Costs.--Section 5334(a) is 
     amended--
       (1) in paragraph (8) by striking ``and'' at the end;
       (2) in paragraph (9) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) collect fees to cover the costs of training or 
     conferences, including costs of promotional materials, 
     sponsored by the Federal Transit Administration to promote 
     mass transportation and credit amounts collected to the 
     appropriation concerned.''.
       (b) Technical Amendments.--
       (1) Section heading.--The heading for section 5334 is 
     amended by inserting ``provisions'' after ``Administrative''.
       (2) Table of sections.--The item relating to section 5334 
     in the table of sections for chapter 53 is amended by 
     inserting ``provisions'' after ``Administrative''.
       (c) Proceeds From Sale of Transit Assets.--Section 5334(g) 
     is amended by adding at the end the following:
       ``(4) Proceeds from the sale of transit assets.--
       ``(A) In general.--When real property, equipment, or 
     supplies acquired with assistance under this chapter are no 
     longer needed for mass transportation purposes as determined 
     under the applicable assistance agreement, the Secretary may 
     authorize the sale, transfer, or lease of the assets under 
     conditions determined by the Secretary and subject to the 
     requirements of this subsection.
       ``(B) Use.--The net income from asset sales, uses, or 
     leases (including lease renewals) under this subsection shall 
     be used by the recipient to reduce the gross project cost of 
     other capital projects carried out under this chapter.
       ``(C) Relationship to other authority.--The authority of 
     the Secretary under this subsection is in addition to 
     existing authorities controlling allocation or use of 
     recipient income otherwise permissible in law or regulation 
     in effect prior to the date of enactment of this 
     paragraph.''.

     SEC. 3026. REPORTS AND AUDITS.

       (a) National Transit Database.--Section 5335(a) is 
     amended--
       (1) by striking ``Reporting System and Uniform System of 
     Accounts and Records'' and inserting ``National Transit 
     Database''; and
       (2) in paragraph (1)--
       (A) by striking ``by uniform categories,'' and inserting 
     ``using uniform categories''; and
       (B) by striking ``and a uniform system of accounts and 
     records'' and inserting ``and using a uniform system of 
     accounts''.
       (b) Reports.--Section 5335 is amended--
       (1) by striking subsections (b) and (c); and
       (2) by redesignating subsection (d) as subsection (b).

     SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 
                   GRANTS.

       (a) In General.--Section 5336 is amended in the section 
     heading by striking ``block grants'' and inserting ``formula 
     grants''.
       (b) Repeal.--Section 5336(d) is amended to read as follows:
       ``(d) [Reserved.]''.
       (c) Continuation of Operating Assistance to Certain Larger 
     Urbanized Areas.--
       (1) Provision of assistance.--Notwithstanding any other 
     provision of law, during the period described in paragraph 
     (2), the Secretary may continue to provide assistance under 
     section 5307 of title 49, United States Code, to finance the 
     operating costs of equipment and facilities for use in mass 
     transportation in any urbanized area (as that term is defined 
     in section 5302 of title 49, United States Code) with a 
     population of at least 200,000, if the Secretary determines 
     that--
       (A) the number of the total bus revenue vehicle-miles 
     operated in or directly serving the area is less than 
     600,000; and
       (B) the number of buses operated in or directly serving the 
     area does not exceed 15.
       (2) Period described.--For purposes of paragraph (1), the 
     period described in this paragraph is the period beginning on 
     the date of enactment of this Act and ending on the earlier 
     of--
       (A) 3 years after the date of enactment of this Act; and
       (B) the date on which the Secretary determines that--
       (i) the number of the total bus revenue vehicle-miles 
     operated in or directly serving the area is greater than or 
     equal to 600,000; and
       (ii) the number of buses operated in or directly serving 
     the area exceeds 15.

     SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY 
                   MODERNIZATION.

       (a) Distribution.--Section 5337(a) is amended to read as 
     follows:
       ``(a) Distribution.--The Secretary shall apportion amounts 
     made available for fixed guideway modernization under section 
     5309 for each of fiscal years 1998 through 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)(ii) 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) The next $70,000,000 shall be apportioned as follows:
       ``(A) 65 percent in the urbanized areas listed in paragraph 
     (1), as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 35 percent to other urbanized areas eligible for 
     assistance under section 5336(b)(2)(A) if

[[Page H3861]]

     the areas contain fixed guideway systems placed in revenue 
     service at least 7 years before the fiscal year in which 
     amounts are made available and in any urbanized area if, 
     before the first day of the fiscal year, the area satisfies 
     the Secretary that the area has modernization needs that 
     cannot adequately be met with amounts received under section 
     5336(b)(2)(A), as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.
       ``(6) The next $50,000,000 shall be apportioned as follows:
       ``(A) 60 percent in the urbanized areas listed in paragraph 
     (1), as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 40 percent to urbanized areas to which paragraph 
     (5)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.
       ``(7) 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 is amended by adding at the end the 
     following:
       ``(e) Route Segments To Be Included in Apportionment 
     Formulas.--
       ``(1) 1997 standard.--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) Other standards.--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 at least 7 years before the fiscal 
     year in which amounts are made available.''.

     SEC. 3029. AUTHORIZATIONS.

       (a) In General.--Section 5338 is amended to read as 
     follows:

     ``Sec. 5338. Authorizations

       ``(a) Formula Grants.--
       ``(1) Fiscal year 1998.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out sections 5307, 5310, and 5311, $2,260,000,000 for fiscal 
     year 1998.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out sections 5307, 5310, and 5311, 
     $240,000,000 for fiscal year 1998.
       ``(C) Allocation of funds.--Of the aggregate of amounts 
     made available by and appropriated under this paragraph for a 
     fiscal year--
       ``(i) $4,849,950 shall be available to the Alaska Railroad 
     for improvements to its passenger operations under section 
     5307;
       ``(ii) $62,219,389 shall be available to provide 
     transportation services to elderly individuals and 
     individuals with disabilities under section 5310;
       ``(iii) $134,077,934 shall be available to provide 
     financial assistance for other than urbanized areas under 
     section 5311; and
       ``(iv) $2,298,852,727 shall be available to provide 
     financial assistance for urbanized areas under section 5307.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out sections 5307, 5308, 5310, and 5311--
       ``(i) $2,280,000,000 for fiscal year 1999;
       ``(ii) $2,478,400,000 for fiscal year 2000;
       ``(iii) $2,676,000,000 for fiscal year 2001;
       ``(iv) $2,873,600,000 for fiscal year 2002; and
       ``(v) $3,071,200,000 for fiscal year 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out sections 5307, 5308, 5310, and 
     5311--
       ``(i) $570,000,000 for fiscal year 1999;
       ``(ii) $619,600,000 for fiscal year 2000;
       ``(iii) $669,000,000 for fiscal year 2001;
       ``(iv) $718,400,000 for fiscal year 2002; and
       ``(v) $767,800,000 for fiscal year 2003.
       ``(C) Allocation of funds.--Of the aggregate of amounts 
     made available by and appropriated under this paragraph for a 
     fiscal year--
       ``(i) $4,849,950 shall be available to the Alaska Railroad 
     for improvements to its passenger operations under section 
     5307;
       ``(ii) $50,000,000 shall be available to carry out section 
     5308; and
       ``(iii) of the remaining amount--

       ``(I) 2.4 percent shall be available to provide 
     transportation services to elderly individuals and 
     individuals with disabilities under section 5310;
       ``(II) 6.37 percent shall be available to provide financial 
     assistance for other than urbanized areas under section 5311; 
     and
       ``(III) 91.23 percent shall be available to provide 
     financial assistance for urbanized areas under section 5307.

       ``(b) Capital Program Grants and Loans.--
       ``(1) Fiscal year 1998.--There shall be available from the 
     Mass Transit Account of the Highway Trust Fund to carry out 
     section 5309, $2,000,000,000 for fiscal year 1998.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out section 5309--
       ``(i) $1,805,600,000 for fiscal year 1999;
       ``(ii) $1,960,800,000 for fiscal year 2000;
       ``(iii) $2,116,800,000 for fiscal year 2001;
       ``(iv) $2,272,800,000 for fiscal year 2002; and
       ``(v) $2,428,800,000 for fiscal year 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out section 5309--
       ``(i) $451,400,000 for fiscal year 1999;
       ``(ii) $490,200,000 for fiscal year 2000;
       ``(iii) $529,200,000 for fiscal year 2001;
       ``(iv) $568,200,000 for fiscal year 2002; and
       ``(v) $607,200,000 for fiscal year 2003.
       ``(c) Planning.--
       ``(1) Fiscal year 1998.--There are authorized to be 
     appropriated to carry out sections 5303, 5304, 5305, and 
     5313(b), $47,750,000 for fiscal year 1998.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out sections 5303, 5304, 5305, and 5313(b)--
       ``(i) $43,200,000 for fiscal year 1999;
       ``(ii) $46,400,000 for fiscal year 2000;
       ``(iii) $51,200,000 for fiscal year 2001;
       ``(iv) $52,800,000 for fiscal year 2002; and
       ``(v) $57,600,000 for fiscal year 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out sections 5303, 5304, 5305, and 
     5313(b)--
       ``(i) $10,800,000 for fiscal year 1999;
       ``(ii) $11,600,000 for fiscal year 2000;
       ``(iii) $12,800,000 for fiscal year 2001;
       ``(iv) $13,200,000 for fiscal year 2002; and
       ``(v) $14,400,000 for fiscal year 2003.
       ``(C) Allocation of funds.--Of the funds made available by 
     or appropriated under this paragraph for a fiscal year--
       ``(i) 82.72 percent shall be available for metropolitan 
     planning under sections 5303, 5304, and 5305; and
       ``(ii) 17.28 percent shall be available for State planning 
     under section 5313(b).
       ``(d) Research.--
       ``(1) Fiscal year 1998.--There are authorized to be 
     appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 
     5314, 5315, and 5322, $44,250,000 for fiscal year 1998.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 
     5322--
       ``(i) $36,000,000 for fiscal year 1999;
       ``(ii) $37,600,000 for fiscal year 2000;
       ``(iii) $37,600,000 for fiscal year 2001;
       ``(iv) $39,200,000 for fiscal year 2002; and
       ``(v) $39,200,000 for fiscal year 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 
     5314, 5315, and 5322--
       ``(i) $9,000,000 for fiscal year 1999;
       ``(ii) $9,400,000 for fiscal year 2000;
       ``(iii) $9,400,000 for fiscal year 2001;
       ``(iv) $9,800,000 for fiscal year 2002; and
       ``(v) $9,800,000 for fiscal year 2003.
       ``(C) Allocation of funds.--Of the funds made available by 
     or appropriated under this paragraph for a fiscal year--
       ``(i) not less than $5,250,000 shall be available for 
     providing rural transportation assistance under section 
     5311(b)(2);
       ``(ii) not less than $8,250,000 shall be available for 
     carrying out transit cooperative research programs under 
     section 5313(a);
       ``(iii) not less than $4,000,000 shall be available to 
     carry out programs under the National Transit Institute under 
     section 5315; and
       ``(iv) the remainder shall be available for carrying out 
     national planning and research programs under sections 
     5311(b)(2), 5312, 5313(a), 5314, and 5322.
       ``(e) University Transportation Research.--
       ``(1) Fiscal year 1998.--There are authorized to be 
     appropriated to carry out section 5317(b) $6,000,000 for 
     fiscal year 1998.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out section 5317(b), $4,800,000 for each of fiscal years 1999 
     through 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out section 5317(b), $1,200,000 for 
     each of fiscal years 1999 through 2003.
       ``(f) Administration.--
       ``(1) Fiscal year 1998.--There are authorized to be 
     appropriated to carry out section 5334, $45,738,000 for 
     fiscal year 1998.
       ``(2) Fiscal years 1999 through 2003.--
       ``(A) From the trust fund.--There shall be available from 
     the Mass Transit Account of the Highway Trust Fund to carry 
     out section 5334--
       ``(i) $43,200,000 for fiscal year 1999;
       ``(ii) $48,000,000 for fiscal year 2000;
       ``(iii) $51,200,000 for fiscal year 2001;
       ``(iv) $53,600,000 for fiscal year 2002; and
       ``(v) $58,400,000 for fiscal year 2003.
       ``(B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out section 5334--
       ``(i) $10,800,000 for fiscal year 1999;
       ``(ii) $12,000,000 for fiscal year 2000;
       ``(iii) $12,800,000 for fiscal year 2001;
       ``(iv) $13,400,000 for fiscal year 2002; and
       ``(v) $14,600,000 for fiscal year 2003.
       ``(g) Grants as Contractual Obligations.--
       ``(1) Grants financed from the highway trust fund.--A grant 
     or contract approved by the Secretary, that is financed with 
     amounts made available under subsection (a)(1)(A), (a)(2)(A), 
     (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or 
     (f)(2)(A) is a contractual obligation of the United States 
     Government to pay the Government's share of the cost of the 
     project.
       ``(2) Grants financed from general funds.--A grant or 
     contract, approved by the Secretary, that is financed with 
     amounts made

[[Page H3862]]

     available under subsection (a)(1)(B), (a)(2)(B), (b)(2)(B), 
     (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is a 
     contractual obligation of the 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.
       ``(h) Additional Amounts.--In addition to amounts made 
     available by or appropriated under subsections (a) through 
     (f), there are authorized to be appropriated--
       ``(1) to carry out sections 5303, 5304, 5305, and 5313(b)--
       ``(A) for fiscal year 1999, $32,000,000;
       ``(B) for fiscal year 2000, $33,000,000;
       ``(C) for fiscal year 2001, $34,000,000;
       ``(D) for fiscal year 2002, $35,000,000; and
       ``(E) for fiscal year 2003, $36,000,000;
       ``(2) to carry out section 5307, $150,000,000 for each of 
     fiscal years 1999 through 2003;
       ``(3) to carry out section 5308, $100,000,000 for each of 
     fiscal years 1999 through 2003;
       ``(4) to carry out section 5309(m)(1)(A), $100,000,000 for 
     each of fiscal years 1999 through 2003;
       ``(5) to carry out section 5309(m)(1)(B)--
       ``(A) for fiscal year 1999, $600,000,000;
       ``(B) for fiscal year 2000, $610,000,000;
       ``(C) for fiscal year 2001, $620,000,000;
       ``(D) for fiscal year 2002, $630,000,000; and
       ``(E) for fiscal year 2003, $630,000,000;
       ``(6) to carry out section 5309(m)(1)(C), $100,000,000 for 
     each of fiscal years 1999 through 2003;
       ``(7) to carry out sections 5311(b)(2), 5312, 5313(a), 
     5314, 5315, and 5322--
       ``(A) for fiscal year 1999, $31,000,000;
       ``(B) for fiscal year 2000, $31,000,000;
       ``(C) for fiscal year 2001, $33,000,000;
       ``(D) for fiscal year 2002, $33,000,000; and
       ``(E) for fiscal year 2003, $34,000,000; and
       ``(8) to carry out section 5334--
       ``(A) for fiscal year 1999, $13,000,000;
       ``(B) for fiscal year 2000, $14,000,000;
       ``(C) for fiscal year 2001, $16,000,000;
       ``(D) for fiscal year 2002, $17,000,000; and
       ``(E) for fiscal year 2003, $18,000,000.
       ``(i) Availability of Amounts.--Amounts made available by 
     or appropriated under subsections (a) through (e), and 
     paragraphs (1) through (7) of subsection (h), shall remain 
     available until expended.''.
       (b) Conforming Amendments.--Chapter 53 is amended as 
     follows:
       (1) In sections 5303(h)(1), 5303(h)(2)(A), and 
     5303(h)(3)(A), by striking ``section 5338(g)(1)'' each place 
     it appears and inserting ``subsection (c) or (h)(1) of 
     section 5338''.
       (2) In section 5303(h)(1) by striking ``-5306'' and 
     inserting ``and 5305''.
       (3) In section 5303(h)(4) by striking ``section 5338(g)'' 
     and inserting ``subsection (c) or (h)(1) of section 5338''.
       (4) In section 5313(a)(1) by striking ``Fifty percent of 
     the amounts made available under section 5338(g)(3)'' and 
     inserting ``The amounts made available under paragraphs (1) 
     and (2)(C)(ii) of section 5338(d)''.
       (5) In section 5313(b)(1) by striking ``Fifty percent of 
     the amounts made available under section 5338(g)(3)'' and 
     inserting ``The amounts made available under paragraphs (1) 
     and (2)(C)(ii) of section 5338(c)''.
       (6) In section 5314(a)(1) by striking ``section 
     5338(g)(4)'' and inserting ``subsections (d) and (h)(7) of 
     section 5338''.
       (7) In section 5317(e)(5)(C) by striking ``5338(e)(2)'' and 
     inserting ``5338(e)''.
       (8) In section 5318(d) by striking ``5338(j)(5)'' and 
     inserting ``5309(m)(1)(C)''.
       (9) In section 5333(b) by striking ``5338(j)(5)'' each 
     place it appears and inserting ``5338(b)''.
       (10) In section 5336(a) by striking ``5338(f)'' and 
     inserting ``5338(a)''.
       (11) In section 5336(e)(1) by striking ``section 5338(f)'' 
     and inserting ``subsections (a) and (h)(2) of section 5338''.
       (12) In section 5337(e)(1) by striking ``section 5338(f)'' 
     and inserting ``subsections (b) and (h)(4) of section 5338''.

     SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND 
                   EXTENSIONS TO EXISTING SYSTEMS.

       (a) Final Design and Construction.--The following projects 
     are authorized for final design and construction for fiscal 
     years 1998 through 2003 under section 5309(m)(1)(B) of title 
     49, United States Code:
       (1) Atlanta--Athens Commuter Rail.
       (2) Atlanta--Griffin Commuter Rail.
       (3) Atlanta--North Line Extension.
       (4) Austin--NW/North Central/SE--Airport LRT.
       (5) Baltimore--Central LRT Extension to Glen Burnie.
       (6) Boston--Massport Airport Intermodal Transit Connector.
       (7) Boston--North Shore Corridor and Blue Line Extension to 
     Beverly.
       (8) Charlotte--South Corridor Transitway.
       (9) Chicago--Navy Pier-McCormick Place Busway.
       (10) Chicago--North Central Upgrade Commuter Rail.
       (11) Chicago--Ravenswood Line Extension.
       (12) Chicago--Southwest Extension.
       (13) Chicago--West Line Expansion.
       (14) Cleveland--Akron-Canton Commuter Rail.
       (15) Cleveland--Berea Metroline Extension.
       (16) Cleveland--Blue Line Extension.
       (17) Cleveland--Euclid Corridor Extension.
       (18) Cleveland--I-90 Corridor to Ashtabula County.
       (19) Cleveland--Waterfront Line Extension.
       (20) Dallas--North Central Extension.
       (21) Dallas--Ft. Worth RAILTRAN (Phase II).
       (22) Denver--East Corridor (Airport).
       (23) Denver--Southeast LRT (I-25 between 6th & Lincoln).
       (24) Denver--Southwest LRT.
       (25) Denver--West Corridor LRT.
       (26) East St. Louis-St. Clair County--Mid-America Airport 
     Corridor.
       (27) Ft. Lauderdale-West Palm Beach-Miami Tri-County 
     Commuter Rail.
       (28) Galveston--Trolley Extension.
       (29) Hartford--Griffin Line.
       (30) Hollis--Ketchikan Ferry.
       (31) Houston--Regional Bus Plan--Phase I.
       (32) Kansas City--I-35 Commuter Rail.
       (33) Kansas City--Southtown Corridor.
       (34) Kenosha-Racine--Milwaukee Rail Extension.
       (35) Las Vegas Corridor.
       (36) Little Rock--River Rail.
       (37) Los Angeles--Metrolink San Bernadino Line.
       (38) Los Angeles--MOS-3.
       (39) Los Angeles--Metrolink (Union Station-Fullerton).
       (40) Louisville--Jefferson County Corridor.
       (41) MARC--Commuter Rail Improvements.
       (42) Maryland Light Rail Double Track.
       (43) Memphis--Medical Center Extension.
       (44) Miami--East-West Multimodal Corridor.
       (45) Miami--North 27th Avenue Corridor.
       (46) Miami--South Busway Extension.
       (47) Milwaukee--East-West Corridor.
       (48) Monterey County Commuter Rail.
       (49) Nashua, NH--Lowell, MA Commuter Rail.
       (50) Nashville--Commuter Rail.
       (51) New Orleans--Canal Streetcar.
       (52) New York--8th Avenue Subway Connector.
       (53) New York--Brooklyn--Staten Island Ferry.
       (54) New York--Long Island Railroad East Side Access.
       (55) New York--Staten Island Ferry--Whitehall Intermodal 
     Terminal.
       (56) New York Susquehanna and Western Commuter Rail.
       (57) New Jersey Urban Core.
       (58) Norfolk--Virginia Beach Corridor.
       (59) Orange County--Fullerton--Irvine Corridor.
       (60) Orlando--I-4 Central Florida Light Rail System.
       (61) Philadelphia--Schuykill Valley Metro.
       (62) Phoenix--Fixed Guideway.
       (63) Colorado--Roaring Fork Valley Rail.
       (64) Pittsburgh Airborne Shuttle System.
       (65) Pittsburgh--MLK Busway Extension.
       (66) Portland--South-North Corridor.
       (67) Portland--Westside-Hillsboro Corridor.
       (68) Raleigh-Durham--Regional Transit Plan.
       (69) Sacramento--Folsom Extension.
       (70) Sacramento--Placer County Corridor.
       (71) Sacramento--South Corridor.
       (72) Salt Lake City--Light Rail (Airport to University of 
     Utah).
       (73) Salt Lake City--Ogden-Provo Commuter Rail.
       (74) Salt Lake City--South LRT.
       (75) San Diego--Mid-Coast LRT Corridor.
       (76) San Diego--Mission Valley East Corridor.
       (77) San Diego--Oceanside--Escondido Corridor.
       (78) San Francisco--BART to San Francisco International 
     Airport Extension.
       (79) San Francisco--Bayshore Corridor.
       (80) San Jose--Tasman Corridor Light Rail.
       (81) San Juan--Tren Urbano.
       (82) San Juan--Tren Urbano Extension to Minellas.
       (83) Santa Cruz--Fixed Guideway.
       (84) Seattle--Southworth High Speed Ferry.
       (85) Seattle--Sound Move Corridor.
       (86) South Boston--Piers Transitway.
       (87) St. Louis--Cross County Corridor.
       (88) Stockton--Altamont Commuter Rail.
       (89) Tampa Bay--Regional Rail.
       (90) Twin Cities--Northstar Corridor (Downtown Minneapolis-
     Anoka County-St. Cloud).
       (91) Twin Cities--Transitways Corridors.
       (92) Washington--Richmond Rail Corridor Improvements.
       (93) Washington, D.C.--Dulles Corridor Extension.
       (94) Washington, D.C.--Largo Extension.
       (95) West Trenton Line (West Trenton-Newark).
       (96) Westlake--Commuter Rail Link.
       (97) Pittsburgh North Shore-Central Business District 
     Corridor.
       (98) Pittsburgh--Stage II Light Rail.
       (99) Boston--North-South Rail Link.
       (100) Spokane--South Valley Corridor Light Rail.
       (101) Miami--Palmetto Metrorail.
       (102) Morgantown--Personal Rapid Transit.
       (103) Santa Monica--Busway.
       (104) Northwest New Jersey--Northeast Rail Corridor.
       (105) Southeastern North Carolina Corridor.
       (106) Chicago--Douglas Branch.
       (107) San Joaquin--Regional Transit Corridor.
       (108) Albuquerque--High Capacity Corridor.
       (b) Alternatives Analysis and Preliminary Engineering.--The 
     following projects are authorized for alternatives analysis 
     and preliminary engineering for fiscal years 1998 through 
     2003 under section 5309(m)(1)(B) of title 49, United States 
     Code:
       (1) Atlanta--Georgia 400 Multimodal Corridor.
       (2) Atlanta--MARTA Extension (S. DeKalb-Lindbergh).
       (3) Atlanta--MARTA I-285 Transit Corridor.
       (4) Atlanta--MARTA Marietta-Lawrenceville Corridor.
       (5) Atlanta--MARTA South DeKalb Comprehensive Transit 
     Program.
       (6) Baltimore--Metropolitan Rail Corridor.
       (7) Baltimore--People Mover.
       (8) Bergen County Cross--County Light Rail.
       (9) Birmingham Transit Corridor.
       (10) Boston--Urban Ring.
       (11) Charleston--Monobeam.
       (12) Chicago--Comiskey Park Station.
       (13) Chicago--Inner Circumferential Commuter Rail.
       (14) Cumberland/Dauphin County Corridor 1 Commuter Rail.
       (15) Dallas--DART LRT Extensions.
       (16) Dallas--Las Colinas Corridor.
       (17) Dayton--Regional Riverfront Corridor.

[[Page H3863]]

       (18) El Paso--International Fixed Guideway (El Paso-
     Juarez).
       (19) Fremont--South Bay Corridor.
       (20) Houston--Advanced Transit Program.
       (21) Jacksonville--Fixed Guideway Corridor.
       (22) Knoxville--Electric Transit.
       (23) Lorain--Cleveland Commuter Rail.
       (24) Los Angeles--MOS-4 East Side Extension (II).
       (25) Los Angeles--MOS-4 San Fernando Valley East-West.
       (26) Los Angeles--LOSSAN (Del Mar-San Diego).
       (27) Maine High Speed Ferry Service.
       (28) Maryland Route 5 Corridor.
       (29) Memphis--Regional Rail Plan.
       (30) Miami--Kendall Corridor.
       (31) Miami--Northeast Corridor.
       (32) New Jersey Trans-Hudson Midtown Corridor.
       (33) New Orleans--Airport--CBD Commuter Rail.
       (34) New Orleans--Desire Streetcar.
       (35) New York--Astoria--East Elmhurst Extension.
       (36) New York--Broadway--Lafayette & Bleecker St Transfer.
       (37) New York--Brooklyn--Manhattan Access.
       (38) New York--Lower Manhattan Access.
       (39) New York--Manhattan East Side Link.
       (40) New York--Midtown West Intermodal Terminal.
       (41) New York--Nassau Hub.
       (42) New York--North Shore Railroad.
       (43) New York--Queens West Light Rail Link.
       (44) New York--St. George's Ferry Intermodal Terminal.
       (45) Newburgh--LRT System.
       (46) North Front Range Corridor.
       (47) Northeast Indianapolis Corridor.
       (48) Oakland Airport--BART Connector.
       (49) Providence--Pawtucket Corridor.
       (50) Philadelphia--Broad Street Line Extension.
       (51) Philadelphia--Cross County Metro.
       (52) Philadelphia--Lower Marion Township.
       (53) Pinellas County--Mobility Initiative Project.
       (54) Redlands--San Bernardino Transportation Corridor.
       (55) Riverside--Perris rail passenger service.
       (56) Salt Lake City--Draper Light Rail Extension.
       (57) Salt Lake City--West Jordan Light Rail Extension.
       (58) San Francisco--CalTrain Extension to Hollister.
       (59) Scranton--Laurel Line Intermodal Corridor.
       (60) SEATAC--Personal Rapid Transit.
       (61) Toledo--CBD to Zoo.
       (62) Union Township Station (Raritan Valley Line).
       (63) Washington County Corridor (Hastings-St. Paul).
       (64) Washington, D.C.--Georgetown-Ft. Lincoln.
       (65) Williamsburg--Newport News-Hampton LRT.
       (66) Cincinnati/N. Kentucky--Northeast Corridor.
       (67) Northeast Ohio--commuter rail.
       (68) California--North Bay Commuter Rail.
       (c) Project Authorizations.--
       (1) In general.--Of the total amount made available by or 
     authorized under section 5338(b) of title 49, United States 
     Code, to carry out section 5309(m)(1)(B) for fiscal years 
     1998 through 2003:
       (A) $3,000,000,000 shall be available for the following 
     projects:
       (i) Birmingham Transit Corridor, $87,500,000.
       (ii) San Diego-Mission Valley East Corridor, $325,000,000.
       (iii) Denver-Southeast LRT (I-25 between 6th and Lincoln), 
     $10,000,000.
       (iv) Colorado-Roaring Fork Valley Rail, $40,000,000.
       (v) Hartford-Griffin Line, $33,000,000.
       (vi) Bridgeport-Intermodal Corridor, $34,000,000.
       (vii) New London-Waterfront Access, $15,000,000.
       (viii) Old Saybrook-Hartford Rail Extension, $5,000,000.
       (ix) Stamford-Fixed Guideway Connector, $18,000,000.
       (x) Orlando-I-4 Central Florida Light Rail System, 
     $100,000,000.
       (xi) Miami-Palmetto Metrorail, $8,000,000.
       (xii) Tampa Bay-Regional Rail, $2,000,000.
       (xiii) Fort Lauderdale-West Palm Beach-Miami Tri-County 
     Commuter Rail, $20,000,000.
       (xiv) Miami-East-West Multimodal Corridor, $20,000,000.
       (xv) Chicago-CTA Douglas Branch, $315,000,000.
       (xvi) Indianapolis Region Commuter Rail, $10,000,000.
       (xvii) Sioux City-Light Rail, $10,000,000.
       (xviii) MARC-Commuter Rail Improvements, $185,000,000.
       (xix) Baltimore-Light Rail Double Track, $120,000,000.
       (xx) Boston-North Shore Corridor and Blue Line Extension to 
     Beverly, $50,000,000.
       (xxi) Twin Cities-Transitways Corridors, $120,000,000.
       (xxii) Twin Cities-Northstar Corridor (Downtown 
     Minneapolis-Anoka County-St. Cloud), $6,000,000.
       (xxiii) I-35 Commuter Rail, $30,000,000.
       (xxiv) Las Vegas Corridor, $155,000,000.
       (xxv) New Jersey-Bergen County Cross County Light Rail, 
     $5,000,000.
       (xxvi) New Jersey-Trans Hudson Midtown Corridor, 
     $5,000,000.
       (xxvii) Santa Fe-Eldorado Rail Link, $10,000,000.
       (xxviii) Albuquerque Alvarado Intermodal Center, 
     $5,000,000.
       (xxix) Albuquerque Light Rail, $90,000,000.
       (xxx) New York-Long Island Railroad East Side Access, 
     $353,000,000.
       (xxxi) New York-Second Avenue Subway, $5,000,000.
       (xxxii) New York-Whitehall Ferry Terminal, $40,000,000.
       (xxxiii) New York-St. George's Ferry Intermodal Terminal, 
     $20,000,000.
       (xxxiv) New York-Nassau Hub, $10,000,000.
       (xxxv) New Jersey-New York Midtown West Ferry Terminal, 
     $16,300,000.
       (xxxvi) Cincinnati/Northern Kentucky Corridor, $65,000,000.
       (xxxvii) Portland South-North Corridor, $25,000,000.
       (xxxviii) Philadelphia-Schuylkill Valley Metro, 
     $75,000,000.
       (xxxix) Allegheny County Stage II Light Rail, $100,200,000.
       (xl) Philadelphia-Pittsburgh High Speed Rail, $10,000,000.
       (xli) Cumberland/Dauphin County Corridor 1 Commuter Rail, 
     $20,000,000.
       (xlii) Pittsburgh North Shore-Central Business District, 
     $20,000,000.
       (xliii) Providence-Boston Commuter, $10,000,000.
       (xliv) Rhode Island Integrated Intermodal Transportation, 
     $25,000,000.
       (xlv) Dallas-North Central Extension, $188,000,000.
       (xlvi) Dallas-Southeast Corridor, $20,000,000.
       (xlvii) Dallas-Northwest Corridor, $12,000,000.
       (xlviii) Washington, D.C., Dulles Corridor Extension, 
     $86,000,000.
       (xlix) Seattle-Tacoma Commuter Rail, $40,000,000.
       (l) San Joaquin Regional Intermodal Corridor, $14,000,000.
       (li) Railtran Corridor Light Rail, $12,000,000.
       (B) The remainder shall be available for projects listed in 
     subsections (a) and (b).
       (2) Additional funds.--
       (A) In general.--The total amount authorized in section 
     5338(h)(5) of title 49, United States Code, for fiscal years 
     1999 through 2003 shall be available for projects listed in 
     subsections (a) and (b).
       (B) Priority for salt lake city olympics.--
       (i) In general.--Of the amount authorized to be 
     appropriated under section 5338(h)(5), $640,000,000 is 
     authorized to be appropriated for the Salt Lake City Winter 
     Olympic Games for the following projects:

       (I) North/South Light Rail.
       (II) Airport to University of Utah Light Rail.
       (III) Intermodal Facilities.
       (IV) Park and Ride Lots.
       (V) Bus Acquisition.

       (ii) Government share.--The Government share of the costs 
     of projects assisted under this subparagraph shall not exceed 
     80 percent. For purposes of determining the nongovernmental 
     share for projects authorized under this subparagraph, 
     highway, aviation, and transit projects shall be considered 
     to be a program of projects.
       (iii) Use of funds.--Funds provided under this subparagraph 
     shall be available for planning and capital assistance.
       (3) High priority project.--The Long Island Rail Road East 
     Side Access project shall be given priority consideration by 
     the Secretary for funds made available under paragraph 
     (1)(B). In addition, that project is authorized for 
     construction with funds available under section 5338(h)(5) of 
     title 49, United States Code.
       (d) Effect of Authorization.--
       (1) In general.--
       (A) Subsection (a) projects.--Projects authorized by 
     subsection (a) for final design and construction are also 
     authorized for alternatives analysis and preliminary 
     engineering.
       (B) Subsection (b) projects.--Effective October 1, 2000, 
     projects authorized by subsection (b) for alternatives 
     analysis and preliminary engineering are also authorized for 
     final design and construction.
       (2) Fixed guideway authorization.--The project authorized 
     by subsection (a)(3) includes an additional 28 rapid rail 
     cars and project scope changes from amounts authorized by the 
     Intermodal Surface Transportation Efficiency Act of 1991.
       (3) Intermodal center authorizations.--Notwithstanding any 
     other provision of law, each of the following projects are 
     eligible for funding under section 5309(m)(1)(C) of title 49, 
     United States Code:
       (A) Huntington, West Virginia Intermodal Facility project.
       (B) Huntsville Intermodal Center project.
       (e) New Jersey Urban Core Project.--
       (1) Allocations.--Section 3031(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2122) is 
     amended by adding at the end the following:
       ``(3) Allocations.--
       ``(A) Rail connection between penn station newark and broad 
     street station, newark.--Of the amounts made available for 
     the New Jersey Urban Core Project under section 5309(m)(1)(B) 
     of title 49, United States Code, for fiscal years 1998 
     through 2003, the Secretary shall set aside 10 percent, but 
     not more than $5,000,000, per fiscal year for preliminary 
     engineering, design, and construction of the rail connection 
     between Penn Station, Newark and Broad Street Station, 
     Newark.
       ``(B) Newark--newark international airport--elizabeth 
     transit link.--Of the amounts made available for the New 
     Jersey Urban Core Project under section 5309(m)(1)(B) of 
     title 49, United States Code, for fiscal years 1998 through 
     2003, the Secretary, after making the set aside under 
     subparagraph (A), shall set aside 10 percent, but not more 
     than $5,000,000, per fiscal year for preliminary engineering, 
     design, and construction of the Newark--Newark International 
     Airport--Elizabeth Transit Link, including construction of 
     the auxiliary New Jersey Transit station, described in 
     subsection (d).
       ``(C) Light rail connection and alignment within and 
     serving the city of elizabeth.--

[[Page H3864]]

     Of amounts made available for the New Jersey Urban Core 
     Project under section 5309(m)(1)(B) of title 49, United 
     States Code, for fiscal years 1998 through 2003, the 
     Secretary, after making the set-aside under subparagraphs (A) 
     and (B), shall set aside 10 percent but not more than 
     $5,000,000 per fiscal year for preliminary engineering, 
     design, and construction of the light rail connection and 
     alignment within and serving the city of Elizabeth as 
     described in subsection (d).''.
       (2) Conforming amendment.--Section 3031(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2122) is amended--
       (A) by striking ``section 3(i) of the Federal Transit Act 
     (relating to criteria for new starts)'' and inserting 
     ``section 5309(e) of title 49, United States Code,''; and
       (B) by striking ``; except'' and all that follows through 
     ``such element''.
       (3) Elements of new jersey urban core project.--Section 
     3031(d) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 2122) is amended--
       (A) by inserting after ``Secaucus Transfer'' the following: 
     ``(including relocation and construction of the Bergen County 
     and Pascack Valley Rail Lines and the relocation of the Main/
     Bergen Connection with construction of a rail station and 
     associated components to and at the contiguous New Jersey 
     Meadowlands Sports Complex)'';
       (B) by striking ``, Newark-Newark International Airport-
     Elizabeth Transit Link'' and inserting ``(including a 
     connection from the Vince Lombardi Station to Saddlebrook and 
     Edgewater), restoration of commuter rail service along the 
     Northern Branch Line of the West Shore Line, Newark-Newark 
     International Airport-Elizabeth Transit Link (including 
     construction of an auxiliary New Jersey Light Rail Transit 
     station directly connected to and integrated with the Amtrak 
     Northeast Corridor Station at Newark International Airport, 
     providing access from the Newark-Newark International 
     Airport-Elizabeth Light Rail Transit Link to the Newark 
     International Airport)''; and
       (C) by inserting after ``New York Penn Station Concourse,'' 
     the following: ``the restoration of commuter rail service in 
     Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as 
     described in section 3035(p) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2131), a 
     light rail extension of the Newark-Newark International 
     Airport-Elizabeth Light Rail Transit Link from Elizabeth, New 
     Jersey, to the towns of Cranford, Westfield, Fanwood, and 
     Plainfield in Union County, New Jersey, and any appropriate 
     light rail connections and alignments within the city of 
     Elizabeth to be determined by the city of Elizabeth and the 
     New Jersey Department of Transportation (and which shall 
     include connecting midtown Elizabeth to Route 1 Park and 
     Ride, the Elizabeth Car House Museum, Division Street, Singer 
     Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to 
     Lot D at Newark Airport) and any appropriate fixed guideway 
     system in Passaic County,''.
       (f) Los Angeles MOS-3 Project.--
       (1) In general.--For purposes of this section, the Los 
     Angeles MOS-3 project referenced in subsection (a)(38) may 
     include any fixed guideway project or projects selected by 
     the Los Angeles County Metropolitan Transportation Authority 
     for development in the transportation corridors to be served 
     by the 3 extensions of MOS-3 of the Los Angeles County Metro 
     Rail project, as described in section 3034(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991.
       (2) Alternatives.--In considering fixed guideway 
     alternatives and selecting any revised preferred alternative 
     in the East Side or Mid City corridors of MOS-3, the Los 
     Angeles County Metropolitan Transportation Authority shall--
       (A) fully evaluate the potential impact of the alternatives 
     on the integrity of the neighborhoods in the corridor 
     involved;
       (B) address the capacity of the alternatives to serve 
     transit dependent riders;
       (C) identify and address any disproportionately high and 
     adverse effects on minority and low income populations, in 
     accordance with the Executive Order on Federal Actions to 
     Address Environmental Justice (EO 12898; February 11, 1994); 
     and
       (D) otherwise comply with all applicable Federal and State 
     planning and environmental requirements.
       (g) Baltimore-Washington Transportation Improvements 
     Program.--Section 3035(nn) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2134) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``, and alternatives for double tracking 
     and related improvements'' after ``Penn Station extensions'';
       (B) by inserting ``shall provide for double tracking and 
     related improvements and'' after ``under this paragraph''; 
     and
       (C) by inserting after the first sentence the following: 
     ``Funds for projects under this paragraph shall be provided 
     at an 80 percent Government share. In applying the local 
     share evaluation criteria in section 5309, of title 49, 
     United States Code, the Secretary shall compare the aggregate 
     expenditure of State and local funds, including Federal 
     highway funds provided by the State of Maryland, for all 
     phases of the Central Corridor Light Rail project.''; and
       (2) in paragraph (2)--
       (A) in the first sentence, by inserting ``, including 
     capacity and efficiency improvements through construction of 
     a Penn-Camden Connection, MARC maintenance and storage 
     facilities, and other capacity related improvements, and the 
     Silver Spring Intermodal Center'' before the period; and
       (B) in the second sentence, by inserting ``provide for 
     construction of the Penn-Camden Connection, MARC maintenance 
     and storage facilities, and other capacity related 
     improvements, and the Silver Spring Intermodal Center, and 
     shall'' after ``shall''.

     SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.

       (a) Guaranteed Funding.--Of the amounts made available to 
     carry out section 5309(m)(1)(C) of title 49, United States 
     Code, for each of fiscal years 1999 and 2000, the Secretary 
     shall make funds available for the following projects in not 
     less than the amounts specified for the fiscal year:
       

------------------------------------------------------------------------
                                                     FY 1999    FY 2000
                      Project                          (in        (in
                                                    millions)  millions)
------------------------------------------------------------------------
  1. Albuquerque, NM buses........................      1.250      1.250
  2. Alexandria, VA bus maintenance facility......      1.000      1.000
  3. Alexandria, VA King Street Station access....      1.100      0.000
  4. Altoona, PA Metro Transit Authority buses and      0.842      0.842
 transit system improvements......................
  5. Altoona, PA Metro Transit Authority Logan          0.080      0.000
 Valley Mall Suburban Transfer Center.............
  6. Altoona, PA Metro Transit Authority Transit        0.424      0.000
 Center improvements..............................
  7. Arkansas Highway and Transit Department buses      0.200      2.000
  8. Armstrong County-Mid County, PA bus                0.150      0.150
 facilities and buses.............................
  9. Atlanta, GA MARTA buses......................      9.000     13.500
 10. Austin, TX buses.............................      1.250      1.250
 11. Babylon, NY Intermodal Center................      1.250      1.250
 12. Birmingham-Jefferson County, AL buses........      1.250      1.250
 13. Boulder/Denver, CO RTD buses.................      0.625      0.625
 14. Bradford County, Endless Mountain                  1.000      0.000
 Transportation Authority buses...................
 15. Brookhaven Town, NY elderly and disabled           0.225      0.000
 buses and vans...................................
 16. Brooklyn-Staten Island, NY Mobility                0.800      0.000
 Enhancement buses................................
 17. Broward County, FL buses.....................      1.000      0.000
 18. Buffalo, NY Auditorium Intermodal Center.....      2.000      2.000
 19. Buffalo, NY Crossroads Intermodal Station....      1.000      0.000
 20. Cambria County, PA bus facilities and buses..      0.575      0.575
 21. Centre Area, PA Transportation Authority           1.250      1.250
 buses............................................
 22. Chambersburg, PA Transit Authority buses.....      0.300      0.000
 23. Chambersburg, PA Transit Authority Intermodal      1.000      0.000
 Center...........................................
 24. Chester County, PA Paoli Transportation            1.000      1.000
 Center...........................................
 25. Altoona, PA Pedestrian Crossover.............       .800      0.000
 26. Cleveland, OH Triskett Garage bus maintenance      0.625      0.625
 facility.........................................
 27. Crawford Area, PA Transportation buses.......      0.500      0.000
 28. Culver City, CA CityBus buses................      1.250      1.250
 29. Davis, CA Unitrans transit maintenance             0.625      0.625
 facility.........................................
 30. Dayton, OH Multimodal Transportation Center..      0.625      0.625
 31. Daytona, FL Intermodal Center................      2.500      2.500
 32. Duluth, MN Transit Authority community             1.000      1.000
 circulation vehicles.............................
 33. Duluth, MN Transit Authority intelligent           0.500      0.500
 transportation systems...........................
 34. Duluth, MN Transit Authority Transit Hub.....      0.500      0.500
 35. Dutchess County, NY Loop System buses........      0.521      0.521
 36. East Hampton, NY elderly and disabled buses        0.100      0.000
 and vans.........................................
 37. Erie, PA Metropolitan Transit Authority buses      1.000      1.000
 38. Everett, WA Multimodal Transportation Center.      1.950      1.950
 39. Fayette County, PA Intermodal Facilities and       1.270      1.270
 buses............................................
 40. Fayetteville, AR University of Arkansas            0.500      0.500
 Transit System buses.............................
 41. Fort Dodge, IA Intermodal Facility (Phase II)      0.885      0.885
 42. Gary, IN Transit Consortium buses............      1.250      1.250
 43. Grant County, WA buses and vans..............      0.600      0.000
 44. Greensboro, NC Multimodal Center.............      3.340      3.339
 45. Greensboro, NC Transit Authority buses.......      1.500      1.500
 46. Greensboro, NC Transit Authority small buses       0.321      0.000
 and vans.........................................
 47. Hartford, CT Transportation Access Project...      0.800      0.000
 48. Healdsburg, CA Intermodal Facility...........      1.000      1.000
 49. Honolulu, HI bus facility and buses..........      2.250      2.250
 50. Hot Springs, AR Transportation Depot and           0.560      0.560
 Plaza............................................
 51. Humboldt, CA Intermodal Facility.............      1.000      0.000
 52. Huntington, WV Intermodal Facility...........      8.000     12.000
 53. Illinois statewide buses and bus-related           6.800      8.200
 equipment........................................
 54. Indianapolis, IN buses.......................      5.000      5.000
 55. Iowa/Illinois Transit Consortium bus safety        1.000      1.000
 and security.....................................
 56. Ithaca, NY TCAT bus technology improvements..      1.250      1.250
 57. Lackawanna County, PA Transit System buses...      0.600      0.600
 58. Lakeland, FL Citrus Connection transit             1.250      1.250
 vehicles and related equipment...................
 59. Lane County, OR Bus Rapid Transit............      4.400      4.400
 60. Lansing, MI CATA bus technology improvements.      0.600      0.000
 61. Little Rock, AR Central Arkansas Transit           0.300      0.300
 buses............................................
 62. Livermore, CA automatic vehicle locator......      1.000      1.000
 63. Long Island, NY CNG transit vehicles and           1.250      1.250
 facilities.......................................
 64. Los Angeles County, CA Foothill Transit buses      1.625      1.250
 65. New York, NY West 72nd St. Intermodal Station      1.750      1.750
 66. Los Angeles, CA San Fernando Valley smart          0.300      0.000
 shuttle buses....................................
 67. Los Angeles, CA Union Station Gateway              1.250      1.250
 Intermodal Transit Center........................
 68. Maryland statewide bus facilities and buses..      7.000     11.500
 69. Rensslear, NY Rensslear Intermodal Bus             1.000      6.000
 Facility.........................................
 70. Mercer County, PA buses......................      0.750      0.000
 71. Miami Beach, FL Electric Shuttle Service.....      0.750      0.750
 72. Miami-Dade, FL buses.........................      2.250      2.250
 73. Michigan statewide buses.....................     10.000     13.500
 74. Milwaukee County, WI buses...................      4.000      6.000
 75. Mineola/Hicksville, NY LIRR Intermodal             1.250      1.250
 Centers..........................................
 76. Modesto, CA bus maintenance facility.........      0.625      0.625
 77. Monroe County, PA Transportation Authority         1.000      0.000
 buses............................................
 78. Monterey, CA Monterey-Salinas buses..........      0.625      0.625
 79. Morongo Basin, CA Transit Authority bus            0.650      0.000
 facility.........................................
 80. New Haven, CT bus facility...................      2.250      2.250
 81. New Jersey Transit jitney shuttle buses......      1.750      1.750
 82. Newark, NJ Morris & Essex Station access and       1.250      1.250
 buses............................................
 83. Northstar Corridor, MN Intermodal Facilities       6.000     10.000
 and buses........................................
 84. Norwich, CT buses............................      2.250      2.250
 85. Ogden, UT Intermodal Center..................      0.800      0.800
 86. Oklahoma statewide bus facilities and buses..      5.000      5.000
 87. Orlando, FL Downtown Intermodal Facility.....      2.500      2.500

[[Page H3865]]

 
 88. Providence, RI buses and bus maintenance           2.250      3.294
 facility.........................................
 89. Perris, CA bus maintenance facility..........      1.250      1.250
 90. Philadelphia, PA Frankford Transportation          5.000      5.000
 Center...........................................
 91. Philadelphia, PA Intermodal 30th Street            1.250      1.250
 Station..........................................
 92. Portland, OR Tri-Met buses...................      1.750      1.750
 93. Pritchard, AL bus transfer facility..........      0.500      0.000
 94. Reading, PA BARTA Intermodal Transportation        1.750      1.750
 Facility.........................................
 95. Red Rose, PA Transit Bus Terminal............      1.000      0.000
 96. Richmond, VA GRTC bus maintenance facility...      1.250      1.250
 97. Riverhead, NY elderly and disabled buses and       0.125      0.000
 vans.............................................
 98. Robinson, PA Towne Center Intermodal Facility      1.500      1.500
 99. Rome, NY Intermodal Center...................      0.400      0.000
100. Sacramento, CA CNG buses.....................      1.250      1.250
101. San Francisco, CA Islais Creek Maintenance         1.250      1.250
 Facility.........................................
102. San Juan, Puerto Rico Intermodal access......      0.600      0.600
103. Santa Clarita, CA facilities and buses.......      1.250      1.250
104. Santa Cruz, CA bus facility..................      0.625      0.625
105. Santa Rosa/Cotati, CA Intermodal                   0.750      0.750
 Transportation Facilities........................
106. Seattle, WA Intermodal Transportation              1.250      1.250
 Terminal.........................................
107. Shelter Island, NY elderly and disabled buses      0.100      0.000
 and vans.........................................
108. Smithtown, NY elderly and disabled buses and       0.125      0.000
 vans.............................................
109. Somerset County, PA bus facilities and buses.      0.175      0.175
110. South Amboy, NJ Regional Intermodal                1.250      1.250
 Transportation Initiative........................
111. South Bend, IN Urban Intermodal                    1.250      1.250
 Transportation Facility..........................
112. South Carolina statewide Virtual Transit           1.220      1.220
 Enterprise.......................................
113. South Dakota statewide bus facilities and          1.500      1.500
 buses............................................
114. Southampton, NY elderly and disabled buses         0.125      0.000
 and vans.........................................
115. Southold, NY elderly and disabled buses and        0.100      0.000
 vans.............................................
116. Springfield, MA Union Station................      1.250      1.250
117. St. Louis, MO Bi-state Intermodal Center.....      1.250      1.250
118. Denver, CO Stapleton Intermodal Center.......      1.250      1.250
119. Suffolk County, NY elderly and disabled buses      0.100      0.000
 and vans.........................................
120. Texas statewide small urban and rural buses..      4.000      4.500
121. Towamencin Township, PA Intermodal Bus             1.500      1.500
 Transportation Center............................
122. Tuscaloosa, AL Intermodal Center.............      1.000      0.000
123. Ukiah, CA Transportation Center..............      0.500      0.000
124. Utah Transit Authority, UT Intermodal              1.500      1.500
 Facilities.......................................
125. Utah Transit Authority/Park City Transit, UT       6.500      6.500
 buses............................................
126. Utica, NY Union Station......................      2.100      2.100
127. Utica and Rome, NY bus facilities and buses..      0.500      0.000
128. Washington County, PA Intermodal Facilities..      0.630      0.630
129. Washington, D.C. Intermodal Transportation         2.500      2.500
 Center...........................................
130. Washoe County, NV transit improvements.......      2.250      2.250
131. Waterbury, CT bus facility...................      2.250      2.250
132. West Virginia statewide Intermodal Facility        5.000      5.000
 and buses........................................
133. Westchester County, NY Bee-Line transit            0.979      0.979
 system fareboxes.................................
134. Westchester County, NY Bee-Line transit            1.000      1.000
 system shuttle buses.............................
135. Westchester County, NY DOT articulated buses.      1.250      1.250
136. Westmoreland County, PA Intermodal Facility..      0.200      0.200
137. Wilkes-Barre, PA Intermodal Facility.........      1.250      1.250
138. Williamsport, PA Bus Facility................      1.200      1.200
139. Windsor, CA Intermodal Facility..............      0.750      0.750
140. Wisconsin statewide bus facilities and buses.      8.000     12.000
141. Woodland Hills, CA Warner Center                   0.325      0.625
 Transportation Hub...............................
142. Worcester, MA Union Station Intermodal             2.500      2.500
 Transportation Center............................
143. Lynchburg, VA buses..........................      0.200      0.000
144. Harrisonburg, VA buses.......................      0.200      0.000
145. Roanoke, VA buses............................      0.200      0.000
146. Allegheny County, PA buses...................      0.000      1.500
147. Mount Vernon, WA Multimodal Center...........      1.750      1.750
148. New Bedford/Fall River, MA Mobile Access to        0.250      0.000
 health care......................................
149. Philadelphia, PA Regional Transportation           0.750      0.000
 System for Elderly and Disabled..................
150. Clark County, NV Regional Transportation           1.250      1.250
 Commission.......................................
------------------------------------------------------------------------

       (b) General Fund Authorization.--Of the amounts authorized 
     to be appropriated to carry out section 5309(m)(1)(C) of 
     title 49, United States Code, for each of fiscal years 1999 
     and 2000, there are authorized to be appropriated for the 
     following projects:
       

------------------------------------------------------------------------
                                                     FY 1999    FY 2000
                      Project                          (in        (in
                                                    millions)  millions)
------------------------------------------------------------------------
  1. Everett, WA Multimodal Transportation Center.      1.000      1.000
  2. Rennslear, NY Rennslear Intermodal Bus             4.000      0.000
 Facility.........................................
  3. Rochester, NY Rochester Central Bus Facility.     12.500     12.500
  4. Long Beach, NY Long Beach Central Bus              0.750      0.750
 Facility.........................................
  5. Broome County, NY Buses and Related Equipment      2.700      2.700
  6. Long Island, NY CNG Transit Vehicles and           3.050      3.050
 Facilities.......................................
------------------------------------------------------------------------

     SEC. 3032. CONTRACTING OUT STUDY.

       (a) Study.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary shall enter into an 
     agreement with the Transportation Research Board of the 
     National Academy of Sciences to conduct a study of the effect 
     of contracting out mass transportation 
     operation administrative functions on cost, availability 
     and level of service, efficiency, safety, quality of 
     services provided to transit-dependent populations, and 
     employer-employee relations.
       (b) Terms of Agreement.--The agreement entered into in 
     subsection (a) shall provide that--
       (1) the Transportation Research Board, in conducting the 
     study, consider the number of grant recipients that have 
     contracted out services, the size of the population served by 
     such grant recipients, the basis for decisions regarding 
     contracting out, and the extent to which contracting out was 
     affected by the integration and coordination of resources of 
     transit agencies and other Federal agencies and programs; and
       (2) the panel conducting the study shall include 
     representatives of transit agencies, employees of transit 
     agencies, private contractors, academic and policy analysts, 
     and other interested persons.
       (c) Report.--Not later than 24 months after the date of 
     entry into the agreement under subsection (a), the Secretary 
     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 containing the results of the study.
       (d) Funding.--There shall be available from the Mass 
     Transit Account of the Highway Trust Fund to carry out this 
     section $250,000 for fiscal year 1998.
       (e) Contractual Obligation.--Entry into an agreement to 
     carry out this section that is financed with amounts made 
     available under subsection (c) is a contractual obligation of 
     the United States to pay the Government's share of the cost 
     of the study.

     SEC. 3033. URBANIZED AREA FORMULA STUDY.

       (a) Study.--The Secretary 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 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. 3034. COORDINATED TRANSPORTATION SERVICES.

       (a) Study.--The Comptroller General shall conduct a study 
     of Federal departments and agencies (other than the 
     Department of Transportation) that receive Federal financial 
     assistance for non-emergency transportation services.
       (b) Contents.--In conducting the study, the Comptroller 
     General shall--
       (1) identify each Federal department and agency (other than 
     the Department of Transportation) that has received Federal 
     financial assistance for non-emergency transportation 
     services in any of the 3 fiscal years preceding the date of 
     enactment of this Act;
       (2) identify the amount of such assistance received by each 
     Federal department and agency in such fiscal years; and
       (3) identify the projects and activities funded using such 
     financial assistance.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General 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 containing 
     the results of the study and any recommendations for enhanced 
     coordination between the Department of Transportation and 
     other Federal departments and agencies that provide funding 
     for non-emergency transportation.

     SEC. 3035. FINAL ASSEMBLY OF BUSES.

       (a) In General.--All buses manufactured on or after 
     September 1, 1999, that are purchased with Federal funds by 
     recipients of assistance from the Federal Transit 
     Administration shall conform with the Federal Transit 
     Administration Guidance on Buy America Requirements, dated 
     March 18, 1997.
       (b) Rule of Construction.--For purposes of this section, a 
     bus shall be considered to be manufactured on or after 
     September 1, 1999, if the manufacturing process for that bus 
     is not completed on or before August 31, 1999.

     SEC. 3036. CLEAN FUEL VEHICLES.

       (a) Study.--The Comptroller General shall conduct a study 
     of the various low and zero emission fuel technologies for 
     transit vehicles, including compressed natural gas, liquefied 
     natural gas, biodiesel fuel, battery, alcohol based fuel, 
     hybrid electric, fuel cell, and clean diesel to determine--
       (1) the status of the development and use of such 
     technologies;
       (2) the environmental benefits of such technologies under 
     the Clean Air Act; and
       (3) the cost of such technologies and any associated 
     equipment.
       (b) Report.--Not later than January 1, 2000, the 
     Comptroller General 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, together with recommendations for incentives to 
     encourage the use of low and zero emission fuel technology 
     for transit vehicles.

     SEC. 3037. 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 less 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;

[[Page H3866]]

       (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;
       (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) Definitions.--In this section, the following 
     definitions shall apply:
       (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. The 
     Secretary may make access to jobs grants for--
       (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 section 132 
     of the Internal Revenue Code of 1986.
       (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, carpool, 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 nonprofit 
     organization or public agency of a van or bus dedicated to 
     shuttling employees from their residences to a suburban 
     workplace; or
       (iii) otherwise facilitate the provision of mass 
     transportation services to suburban employment opportunities.
       (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) Qualified entity.--The term ``qualified entity'' 
     means--
       (A) with respect to any proposed eligible project in an 
     urbanized area with a population of at least 200,000, the 
     applicant or applicants selected by the appropriate 
     metropolitan planning organization that meets the 
     requirements of this section, including the planning and 
     coordination requirements in subsection (i), from among local 
     governmental authorities and agencies and nonprofit 
     organizations; and
       (B) with respect to any proposed eligible project in an 
     urbanized area with a population of at least 200,000, or an 
     area other than an urbanized area, the applicant or 
     applicants selected by the chief executive officer of the 
     State in which the area is located that meets the 
     requirements of this section, including the planning and 
     coordination requirements in subsection (i), from among local 
     governmental authorities and nonprofit organizations.
       (5) 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.
       (c) 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.
       (d) 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.
       (e) Prohibition.--Grants awarded under this section may not 
     be used for planning or coordination activities.
       (f) Factors for Consideration.--In awarding grants under 
     this section to applicants under subsection (d), 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 (including 
     bicycling) 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--
       (A) coordination with, and the financial commitment of, 
     existing transportation service providers; and
       (B) coordination with the State agency that administers the 
     State program funded under part A of title IV of the Social 
     Security Act;
       (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.
       (g) Competitive Grant Selection.--The Secretary shall 
     conduct a national solicitation for applications for grants 
     under this section. Grantees shall be selected on a 
     competitive basis.
       (h) Cost Sharing.--
       (1) Maximum amount.--The amount of a grant under this 
     section may not exceed 50 percent of the total project cost.
       (2) Nongovernmental share.--
       (A) In general.--The portion of the total cost of an 
     eligible project that is not funded under this section--
       (i) shall be provided in cash from sources other than 
     revenues from providing mass transportation, but may include 
     amounts received under a service agreement; and
       (ii) may be derived from amounts appropriated to or 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.
       (B) Inapplicability.--For purposes of subparagraph (A)(ii), 
     the prohibitions on the use of funds for matching 
     requirements under section 403(a)(5)(C)(ii) of the Social 
     Security Act shall not apply to Federal or State funds to be 
     used for transportation services.
       (i) Planning Requirements.--
       (1) In general.--The requirements of sections 5303 through 
     5306 of title 49, United States Code, 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 under this section shall be part of a 
     coordinated public transit-human services transportation 
     planning process.
       (j) 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 of title 49, United States Code, is 
     subject; and
       (2) such other terms and conditions as are determined by 
     the Secretary.
       (k) Program Evaluation.--
       (1) Comptroller general.--Beginning 6 months after the date 
     of enactment of this Act, 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 Act, 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).
       (l) Authorization and Allocation.--
       (1) In general.--
       (A) From the trust fund.--There shall be available from the 
     Mass Transit Account of the Highway Trust Fund to carry out 
     this section--
       (i) $40,000,000 for fiscal year 1999;
       (ii) $60,000,000 for fiscal year 2000;
       (iii) $80,000,000 for fiscal year 2001;
       (iv) $100,000,000 for fiscal year 2002; and
       (v) $120,000,000 for fiscal year 2003.
       (B) From the general fund.--In addition to amounts made 
     available under subparagraph (A), there are authorized to be 
     appropriated to carry out this section--
       (i) $10,000,000 for fiscal year 1999;
       (ii) $15,000,000 for fiscal year 2000;
       (iii) $20,000,000 for fiscal year 2001;

[[Page H3867]]

       (iv) $25,000,000 for fiscal year 2002; and
       (v) $30,000,000 for fiscal year 2003.
       (C) Additional amounts from the general fund.--In addition 
     to amounts made available under subparagraphs (A) and (B), 
     there are authorized to be appropriated to carry out this 
     section--
       (i) $100,000,000 for fiscal year 1999;
       (ii) $75,000,000 for fiscal year 2000;
       (iii) $50,000,000 for fiscal year 2001; and
       (iv) $25,000,000 for fiscal year 2002.
       (2) Set-aside for reverse commute projects.--Of amounts 
     made available by or appropriated under subparagraphs (A) and 
     (B) of paragraph (1) to carry out this section in each fiscal 
     year, not more than $10,000,000 shall be used for grants for 
     reverse commute projects.
       (3) Allocation.--The amounts made available by or 
     appropriated under paragraph (1) 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 at least 200,000.
       (B) 20 percent shall be allocated for eligible projects in 
     urbanized areas with populations of at least 200,000.
       (C) 20 percent shall be allocated for eligible projects in 
     areas other than urbanized areas.

     SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE 
                   PROGRAM.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Intercity, fixed-route over-the-road bus service.--The 
     term ``intercity, fixed-route over-the-road bus service'' 
     means regularly scheduled bus service for the general 
     public, using an over-the-road bus, that--
       (A) operates with limited stops over fixed routes 
     connecting 2 or more urban areas not in close proximity;
       (B) has the capacity for transporting baggage carried by 
     passengers; and
       (C) makes meaningful connections with scheduled intercity 
     bus service to more distant points.
       (2) Other over-the-road bus service.--The term ``other 
     over-the-road bus service'' means any other transportation 
     using over-the-road buses including local fixed-route 
     service, commuter service, and charter or tour service 
     (including tour or excursion service that includes features 
     in addition to bus transportation such as meals, lodging, 
     admission to points of interest or special attractions or the 
     services of a tour guide).
       (3) Over-the-road bus.--The term ``over-the-road bus'' 
     means a bus characterized by an elevated passenger deck 
     located over a baggage compartment.
       (b) General Authority.--The Secretary shall make grants 
     under this section to operators of over-the-road buses to 
     finance the incremental capital and training costs of 
     complying with the Department of Transportation's final rule 
     regarding accessibility of over-the-road buses required by 
     section 306(a)(2)(B) of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12186(a)(2)(B)).
       (c) Grant Criteria.--In selecting applicants for grants 
     under this section, the Secretary shall consider--
       (1) the identified need for over-the-road bus accessibility 
     for persons with disabilities in the areas served by the 
     applicant;
       (2) the extent to which the applicant demonstrates 
     innovative strategies and financial commitment to providing 
     access to over-the-road buses to persons with disabilities;
       (3) the extent to which the over-the-road bus operator 
     acquires equipment required by the final rule prior to any 
     required timeframe in the final rule;
       (4) the extent to which financing the costs of complying 
     with the Department of Transportation's final rule regarding 
     accessibility of over-the-road buses presents a financial 
     hardship for the applicant; and
       (5) the impact of accessibility requirements on the 
     continuation of over-the-road bus service, with particular 
     consideration of the impact of the requirements on service 
     to rural areas and for low-income individuals.
       (d) Competitive Grant Selection.--The Secretary shall 
     conduct a national solicitation for applications for grants 
     under this section. Grantees shall be selected on a 
     competitive basis.
       (e) Federal Share of Costs.--The Federal share of costs 
     under this section shall be provided from funds made 
     available to carry out this section. The Federal share of the 
     costs for a project shall not exceed 50 percent of the 
     project cost.
       (f) Grant Requirements.--A grant under this section shall 
     be subject to all of the terms and conditions applicable to 
     subrecipients who provide intercity bus transportation under 
     section 5311(f) of title 49, United States Code, and such 
     other terms and conditions as the Secretary may prescribe.
       (g) Funding.--
       (1) Intercity, fixed-route over-the-road bus service.--Of 
     amounts made available by or appropriated under section 
     5338(a)(2) of title 49, United States Code, (before 
     allocation under section 5338(a)(2)(C) of that title) the 
     following amounts shall be available for operators of 
     intercity, fixed-route over-the-road bus service to finance 
     the incremental capital and training costs of the Department 
     of Transportation's final rule regarding accessibility of 
     over-the-road buses:
       (A) $2,000,000 for fiscal year 1999.
       (B) $2,000,000 for fiscal year 2000.
       (C) $3,000,000 for fiscal year 2001.
       (D) $5,250,000 for fiscal year 2002.
       (E) $5,250,000 for fiscal year 2003.
       (2) Other over-the-road bus service.--Of amounts made 
     available by or appropriated under section 5338(a)(2) of 
     title 49, United States Code, (before allocation under 
     section 5338(a)(2)(C) of that title) $6,800,000 shall be 
     available for each of fiscal years 2000 through 2003 for 
     operators of other over-the-road bus service to finance the 
     incremental capital and training costs of the Department of 
     Transportation's final rule regarding accessibility of over-
     the-road buses.

     SEC. 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND 
                   RELATED PUBLIC LANDS.

       (a) Purposes.--The purposes of this section are to 
     encourage and promote the development of transportation 
     systems for the betterment of the national parks and other 
     units of the National Park System, national wildlife refuges, 
     recreational areas, and other public lands in order to 
     conserve natural, historical, and cultural resources and 
     prevent adverse impact, relieve congestion, minimize 
     transportation fuel consumption, reduce pollution (including 
     noise and visual pollution), and enhance visitor mobility and 
     accessibility and the visitor experience.
       (b) Study.--
       (1) In general.--The Secretary, in coordination with the 
     Secretary of the Interior, shall undertake a comprehensive 
     study of alternative transportation needs in national parks 
     and related public lands managed by Federal land management 
     agencies in order to carry out the purposes described in 
     subsection (a). The study shall be submitted to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate not later than January 1, 2000.
       (2) Study elements.--The study required by paragraph (1) 
     shall--
       (A) identify transportation strategies that improve the 
     management of the national parks and related public lands;
       (B) identify national parks and related public lands with 
     existing and potential problems of adverse impact, high 
     congestion, and pollution, or which can benefit from 
     alternative transportation modes;
       (C) assess the feasibility of alternative transportation 
     modes; and
       (D) identify and estimate the costs of alternative 
     transportation modes for each of the national parks and 
     related public lands referred to in paragraph (1).

     SEC. 3040. OBLIGATION CEILING.

       Notwithstanding any other provision of law, the total of 
     all obligations from amounts made available from the Mass 
     Transit Account of the Highway Trust Fund by, and amounts 
     appropriated under, subsections (a) through (f) of section 
     5338 of title 49, United States Code, and subparagraphs (A) 
     and (B) of section 3037(l)(1) of this Act, shall not exceed--
       (1) $5,315,000,000 in fiscal year 1999;
       (2) $5,798,000,000 in fiscal year 2000;
       (3) $6,271,000,000 in fiscal year 2001;
       (4) $6,746,000,000 in fiscal year 2002; and
       (5) $7,226,000,000 in fiscal year 2003.

     SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION 
                   EXTENSION ACT OF 1997.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall ensure that the total apportionments 
     and allocations made to a designated grant recipient under 
     section 5338 of title 49, United States Code, for fiscal year 
     1998 shall be reduced by the amount apportioned to such 
     designated recipient pursuant to section 8 of the Surface 
     Transportation Extension Act of 1997 (111 Stat. 2559).
       (b) Fixed Guideway Modernization Adjustment.--In making the 
     apportionments described in subsection (a), the Secretary 
     shall adjust the amount apportioned to each urbanized area 
     for fixed guideway modernization for fiscal year 1998 to 
     reflect the method for apportioning funds in section 5337(a) 
     of title 49, United States Code.

                     TITLE IV--MOTOR CARRIER SAFETY

     SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       Except as otherwise specifically 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 of 
     law, the reference shall be considered to be made to a 
     section or other provision of title 49, United States Code.

     SEC. 4002. STATEMENT OF PURPOSES.

       (a) In General.--Chapter 311 is amended by inserting before 
     section 31101 the following:

     ``Sec. 31100. Purpose

       ``The purpose of this subchapter is to ensure that the 
     Secretary, States, and other political jurisdictions work in 
     partnership to establish programs to improve motor carrier, 
     commercial motor vehicle, and driver safety to support a safe 
     and efficient transportation system by--
       ``(1) focusing resources on strategic safety investments to 
     promote safe for-hire and private transportation, including 
     transportation of passengers and hazardous materials, to 
     identify high-risk carriers and drivers, and to invest in 
     activities likely to generate maximum reductions in the 
     number and severity of commercial motor vehicle crashes;
       ``(2) increasing administrative flexibility and developing 
     and enforcing effective, compatible, and cost-beneficial 
     motor carrier, commercial motor vehicle, and driver safety 
     regulations and practices, including improving enforcement of 
     State and local traffic safety laws and regulations;
       ``(3) assessing and improving statewide program performance 
     by setting program outcome goals, improving problem 
     identification and countermeasures planning, designing 
     appropriate performance standards, measures, and benchmarks, 
     improving performance information and analysis systems, and 
     monitoring program effectiveness;
       ``(4) ensuring that drivers of commercial motor vehicles 
     and enforcement personnel obtain adequate training in safe 
     operational practices and regulatory requirements; and

[[Page H3868]]

       ``(5) advancing promising technologies and encouraging 
     adoption of safe operational practices.''.
       (b) Conforming Amendment.--The analysis for chapter 311 is 
     amended by inserting before the item relating to section 
     31101 the following:

``31100. Purpose.''.

     SEC. 4003. STATE GRANTS.

       (a) Definitions.--Section 31101 is amended--
       (1) in paragraph (1)(A)--
       (A) by inserting ``or gross vehicle weight'' after 
     ``rating''; and
       (B) by striking ``10,000 pounds'' and inserting ``10,001 
     pounds, whichever is greater''; and
       (2) in paragraph (1)(C) by inserting ``and transported in a 
     quantity requiring placarding under regulations prescribed by 
     the Secretary under section 5103'' after ``title''.
       (b) Performance-Based Grants and Hazardous Materials 
     Transportation Safety.--Section 31102 is amended--
       (1) in subsection (a)--
       (A) by inserting ``improving motor carrier safety and'' 
     after ``programs for''; and
       (B) by inserting ``, hazardous materials transportation 
     safety,'' after ``commercial motor vehicle safety''; and
       (2) in the first sentence of paragraph (b)(1)--
       (A) by striking ``adopt and assume responsibility for 
     enforcing'' and inserting ``assume responsibility for 
     improving motor carrier safety and to adopt and enforce''; 
     and
       (B) by inserting ``, hazardous materials transportation 
     safety,'' after ``commercial motor vehicle safety''.
       (c) Contents of State Plans.--Section 31102(b)(1) is 
     amended--
       (1) in subparagraph (J) by inserting ``(1)'' after ``(c)'';
       (2) by striking subparagraphs (K), (L), and (M) and 
     inserting the following:
       ``(K) ensures that the State agency will coordinate the 
     plan, data collection, and information systems with State 
     highway safety programs under title 23;
       ``(L) ensures participation in SAFETYNET and other 
     information systems by all appropriate jurisdictions 
     receiving funding under this section;
       ``(M) ensures that information is exchanged among the 
     States in a timely manner;'';
       (3) in subparagraph (O)--
       (A) by inserting after ``activities'' the following: ``in 
     support of national priorities and performance goals, 
     including'';
       (B) by striking ``to remove'' in clause (i) and inserting 
     ``activities aimed at removing'';
       (C) by striking ``to provide'' in clause (ii) and inserting 
     ``activities aimed at providing'';
       (D) by inserting ``and'' after the semicolon at the end of 
     clause (ii); and
       (E) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) interdiction activities affecting the 
     transportation of controlled substances by commercial motor 
     vehicle drivers and training on appropriate strategies for 
     carrying out those interdiction activities;'';
       (4) by striking subparagraph (P) and inserting the 
     following:
       ``(P) provides that the State will establish a program 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;'';
       (5) in subparagraph (Q)--
       (A) by striking ``31140 and 31146'' and inserting ``31138 
     and 31139''; and
       (B) by striking the period at the end and inserting a 
     semicolon;
       (6) by redesignating subparagraphs (A) through (Q) as 
     subparagraphs (B) through (R), respectively;
       (7) by inserting before subparagraph (B) (as redesignated 
     by paragraph (6) of this subsection) the following:
       ``(A) implements performance-based activities by fiscal 
     year 2000;''; and
       (8) by adding at the end the following:
       ``(S) ensures consistent, effective, and reasonable 
     sanctions; and
       ``(T) ensures that roadside inspections will be conducted 
     at a location that is adequate to protect the safety of 
     drivers and enforcement personnel.''.
       (d) Federal Share.--Section 31103 is amended--
       (1) by inserting ``(a) Commercial Motor Vehicle Safety 
     Programs and Enforcement.--'' before ``The Secretary of 
     Transportation'';
       (2) by inserting ``improve commercial motor vehicle safety 
     and'' 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 public education activities authorized by section 
     31104(f)(2).''.
       (e) Authorization of Appropriations.--Section 31104(a) is 
     amended to read as follows:
       ``(a) In General.--The following amounts are made available 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) for the Secretary of Transportation to incur 
     obligations to carry out section 31102:
       ``(1) Not more than $79,000,000 for fiscal year 1998.
       ``(2) Not more than $90,000,000 for fiscal year 1999.
       ``(3) Not more than $95,000,000 for fiscal year 2000.
       ``(4) Not more than $100,000,000 for fiscal year 2001.
       ``(5) Not more than $105,000,000 for fiscal year 2002.
       ``(6) Not more than $110,000,000 for fiscal year 2003.''.
       (f) Conforming Amendment.--Section 31104(b) is amended by 
     striking ``(1)'' and by striking paragraph (2).
       (g) Allocation Criteria and Eligibility.--Section 31104 is 
     further amended--
       (1) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Allocation Criteria and Eligibility.--
       ``(1) In general.--On October 1 of each fiscal year or as 
     soon after that date as practicable and after making the 
     deduction under subsection (e), the Secretary shall allocate 
     amounts made available to carry out section 31102 for such 
     fiscal year among the States with plans approved under 
     section 31102. Such allocation shall be made under such 
     criteria as the Secretary prescribes by regulation.
       ``(2) High-priority and border activities.--
       ``(A) High-priority activities and projects.--The Secretary 
     may designate up to 5 percent of amounts available for 
     allocation under paragraph (1) for States, local governments, 
     and other persons for carrying out high priority activities 
     and projects that improve commercial motor vehicle safety and 
     compliance with commercial motor vehicle safety regulations, 
     including activities and projects that are national in scope, 
     increase public awareness and education, or demonstrate new 
     technologies. The amounts designated under this subparagraph 
     shall be allocated by the Secretary to State agencies, local 
     governments, and other persons that use and train qualified 
     officers and employees in coordination with State motor 
     vehicle safety agencies.
       ``(B) Border commercial motor vehicle safety and 
     enforcement programs.--The Secretary may designate up to 5 
     percent of amounts available for allocation under paragraph 
     (1) for States, local governments, and other persons for 
     carrying out border commercial motor vehicle safety programs 
     and enforcement activities and projects. The amounts 
     designated under this subparagraph shall be allocated by the 
     Secretary to State agencies, local governments, and other 
     persons that use and train qualified officers and employees 
     in coordination with State motor vehicle safety agencies.'';
       (2) by redesignating subsection (h) as subsection (g);
       (3) by striking subsection (i); and
       (4) by redesignating subsection (j) as subsection (h).
       (h) Savings Clause.--Amendments made by this section shall 
     not affect any funds made available before the date of 
     enactment of this Act.

     SEC. 4004. INFORMATION SYSTEMS.

       (a) In General.--Section 31106 is amended to read as 
     follows:

     ``Sec. 31106. Information systems

       ``(a) Information Systems and Data Analysis.--
       ``(1) In general.--Subject to the provisions of this 
     section, the Secretary shall establish and operate motor 
     carrier, commercial motor vehicle, and driver information 
     systems and data analysis programs to support safety 
     regulatory and enforcement activities required under this 
     title.
       ``(2) Network coordination.--In cooperation with the 
     States, the information systems under this section shall be 
     coordinated into a network providing accurate identification 
     of motor carriers and drivers, commercial motor vehicle 
     registration and license tracking, and motor carrier, 
     commercial motor vehicle, and driver safety performance data.
       ``(3) Data analysis capacity and programs.--The Secretary 
     shall develop and maintain under this section data analysis 
     capacity and programs that provide the means to--
       ``(A) identify and collect necessary motor carrier, 
     commercial motor vehicle, and driver data;
       ``(B) evaluate the safety fitness of motor carriers and 
     drivers;
       ``(C) develop strategies to mitigate safety problems and to 
     use data analysis to address and measure the effectiveness of 
     such strategies and related programs;
       ``(D) determine the cost-effectiveness of Federal and State 
     safety compliance and enforcement programs and other 
     countermeasures; and
       ``(E) adapt, improve, and incorporate other information and 
     information systems as the Secretary determines appropriate.
       ``(4) Standards.--To implement this section, the Secretary 
     shall prescribe technical and operational standards to 
     ensure--
       ``(A) uniform, timely, and accurate information collection 
     and reporting by the States and other entities as determined 
     appropriate by the Secretary;
       ``(B) uniform Federal, State, and local policies and 
     procedures necessary to operate the information system; and
       ``(C) the reliability and availability of the information 
     to the Secretary and States.
       ``(b) Performance and Registration Information Program.--
       ``(1) Information clearinghouse.--The Secretary shall 
     include, as part of the motor carrier information system 
     authorized by this section, a program to establish and 
     maintain a clearinghouse and repository of information 
     related to State registration and licensing of commercial 
     motor vehicles, the registrants of such vehicles, and the 
     motor carriers operating such vehicles. The clearinghouse and 
     repository may include information on the safety fitness of 
     each of the motor carriers and registrants and other 
     information the Secretary considers appropriate, including 
     information on motor carrier, commercial motor vehicle, and 
     driver safety performance.
       ``(2) Design.--The program shall link Federal motor carrier 
     safety information systems with State driver and commercial 
     vehicle registration and licensing systems and shall be 
     designed to enable a State to--
       ``(A) determine the safety fitness of a motor carrier or 
     registrant when licensing or registering the registrant or 
     motor carrier or while the license or registration is in 
     effect; and
       ``(B) decide, in cooperation with the Secretary, whether 
     and what types of sanctions or operating limitations to 
     impose on the motor carrier or registrant to ensure safety.

[[Page H3869]]

       ``(3) Conditions for participation.--The Secretary shall 
     require States, as a condition of participation in the 
     program, to--
       ``(A) comply with the uniform policies, procedures, and 
     technical and operational standards prescribed by the 
     Secretary under subsection (a)(4); and
       ``(B) possess or seek authority to impose commercial motor 
     vehicle registration sanctions on the basis of a Federal 
     safety fitness determination.
       ``(4) Funding.--The Secretary may make available up to 50 
     percent of the amounts available to carry out this section by 
     section 31107 in each of fiscal years 1998, 1999, 2000, 2001, 
     2002, and 2003 to carry out this subsection. The Secretary is 
     encouraged to direct no less than 80 percent of amounts made 
     available to carry out this subsection to States that have 
     not previously received financial assistance to develop or 
     implement the information systems authorized by this section.
       ``(c) Commercial Motor Vehicle Driver Safety Program.--In 
     coordination with the information system under section 31309, 
     the Secretary is authorized to establish a program to improve 
     commercial motor vehicle driver safety. The objectives of the 
     program shall include--
       ``(1) enhancing the exchange of driver licensing 
     information among the States, the Federal Government, and 
     foreign countries;
       ``(2) providing information to the judicial system on 
     commercial motor vehicle drivers;
       ``(3) evaluating any aspect of driver performance that the 
     Secretary determines appropriate; and
       ``(4) developing appropriate strategies and countermeasures 
     to improve driver safety.
       ``(d) 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, local 
     governments, associations, institutions, corporations, and 
     other persons.
       ``(e) Information Availability and Privacy Protection 
     Policy.--The Secretary shall develop a policy on making 
     information available from the information systems authorized 
     by this section and section 31309. The policy shall be 
     consistent with existing Federal information laws, including 
     regulations, and shall provide for review and correction of 
     such information in a timely manner.''.
       (b) Contract Authority Funding.--Section 31107 is amended 
     to read as follows:

     ``Sec. 31107. Contract authority funding for information 
       systems

       ``(a) Funding.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     sections 31106 and 31309 of this title--
       ``(1) $6,000,000 for fiscal year 1998;
       ``(2) $10,000,000 for each of fiscal years 1999 and 2000; 
     and
       ``(3) $12,000,000 for each of fiscal years 2001 through 
     2002.
       ``(4) $15,000,000 for fiscal year 2003.
     The amounts made available under this subsection shall remain 
     available until expended.
       ``(b) Contract Authority.--Approval by the Secretary of a 
     grant with funds made available under this section imposes 
     upon the United States Government a contractual obligation 
     for payment of the Government's share of costs incurred in 
     carrying out the objectives of the grant.''.
       (c) Subchapter Heading.--The heading for subchapter I of 
     chapter 311 is amended by inserting after ``GRANTS'' the 
     following: ``AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS''.
       (d) Conforming Amendments.--The analysis for chapter 311 is 
     amended--
       (1) by striking

                     ``SUBCHAPTER I--STATE GRANTS''

      and inserting

    ``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.
``31107. Contract authority funding for information systems.''.

     SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.

       Section 31111(a) is amended--
       (1) by striking ``section--'' and inserting ``section, the 
     following definitions apply:'';
       (2) by inserting after ``(1)'' the following: ``Maxi-cube 
     vehicle.--The term'';
       (3) by inserting after ``(2)'' the following: ``Truck 
     tractor.--The term'';
       (4) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (5) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) Automobile transporter.--The term `automobile 
     transporter' means any vehicle combination designed and used 
     specifically for the transport of assembled highway vehicles, 
     including truck camper units.''.

     SEC. 4006. INSPECTIONS AND REPORTS.

       (a) General Powers of the Secretary.--Section 31133(a)(1) 
     is amended by inserting ``and make contracts for'' after 
     ``conduct''.
       (b) Reports and Records.--Section 504(c) is amended by 
     inserting ``(and, in the case of a motor carrier, a 
     contractor)'' after ``employee''.

     SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

       (a) In General.--Section 31315 is amended to read as 
     follows:

     ``Sec. 31315. Waivers, exemptions, and pilot programs

       ``(a) 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 or section 31136 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--
       ``(1) for a period not in excess of 3 months;
       ``(2) limited in scope and circumstances;
       ``(3) for nonemergency and unique events; and
       ``(4) subject to such conditions as the Secretary may 
     impose.
       ``(b) Exemptions.--
       ``(1) In general.--Upon receipt of a request pursuant to 
     paragraph (3), the Secretary of Transportation may grant to a 
     person or class of persons an exemption from a regulation 
     prescribed under this chapter or section 31136 if the 
     Secretary finds such exemption would likely achieve a level 
     of safety that is equivalent to, or greater than, the level 
     that would be achieved absent such exemption. An exemption 
     may be granted for no longer than 2 years from its approval 
     date and may be renewed upon application to the Secretary.
       ``(2) Authority to revoke exemption.--The Secretary shall 
     immediately revoke an exemption if--
       ``(A) the person fails to comply with the terms and 
     conditions of such exemption;
       ``(B) the exemption has resulted in a lower level of safety 
     than was maintained before the exemption was granted; or
       ``(C) continuation of the exemption would not be consistent 
     with the goals and objectives of this chapter or section 
     31136, as the case may be.
       ``(3) Requests for exemption.--Not later than 180 days 
     after the date of enactment of this section and after notice 
     and an opportunity for public comment, the Secretary shall 
     specify by regulation the procedures by which a person may 
     request an exemption. Such regulations shall, at a minimum, 
     require the person to provide the following information for 
     each exemption request:
       ``(A) The provisions from which the person requests 
     exemption.
       ``(B) The time period during which the requested exemption 
     would apply.
       ``(C) An analysis of the safety impacts the requested 
     exemption may cause.
       ``(D) The specific countermeasures the person would 
     undertake to ensure an equivalent or greater level of safety 
     than would be achieved absent the requested exemption.
       ``(4) Notice and comment.--
       ``(A) Upon receipt of a request.--Upon receipt of an 
     exemption request, the Secretary shall publish in the Federal 
     Register a notice explaining the request that has been filed 
     and shall give the public an opportunity to inspect the 
     safety analysis and any other relevant information known to 
     the Secretary and to comment on the request. This 
     subparagraph does not require the release of information 
     protected by law from public disclosure.
       ``(B) Upon granting a request.--Upon granting a request for 
     exemption, the Secretary shall publish in the Federal 
     Register the name of the person granted the exemption, the 
     provisions from which the person will be exempt, the 
     effective period, and all terms and conditions of the 
     exemption.
       ``(C) After denying a request.--After denying a request for 
     exemption, the Secretary shall publish in the Federal 
     Register the name of the person denied the exemption and the 
     reasons for such denial. The Secretary may meet the 
     requirement of this subparagraph by periodically publishing 
     in the Federal Register the names of persons denied 
     exemptions and the reasons for such denials.
       ``(5) Applications to be dealt with promptly.--The 
     Secretary shall grant or deny an exemption request after a 
     thorough review of its safety implications, but in no case 
     later than 180 days after the filing date of such request.
       ``(6) Terms and conditions.--The Secretary shall establish 
     terms and conditions for each exemption to ensure that it 
     will likely achieve a level of safety that is equivalent to, 
     or greater than, the level that would be achieved absent such 
     exemption. The Secretary shall monitor the implementation of 
     the exemption to ensure compliance with its terms and 
     conditions.
       ``(7) Notification of state compliance and enforcement 
     personnel.--Before granting a request for exemption, the 
     Secretary shall notify State safety compliance and 
     enforcement personnel, including roadside inspectors, and the 
     public that a person will be operating pursuant to an 
     exemption and any terms and conditions that will apply to the 
     exemption.
       ``(c) Pilot Programs.--
       ``(1) In general.--The Secretary may conduct pilot programs 
     to evaluate alternatives to regulations relating to, or 
     innovative approaches to, motor carrier, commercial motor 
     vehicle, and driver safety. Such pilot programs may include 
     exemptions from a regulation prescribed under this chapter or 
     section 31136 if the pilot program contains, at a minimum, 
     the elements described in paragraph (2). The Secretary shall 
     publish in the Federal Register a detailed description of 
     each pilot program, including the exemptions to be 
     considered, and provide notice and an opportunity for public 
     comment before the effective date of the program.
       ``(2) Program elements.--In proposing a pilot program and 
     before granting exemptions for purposes of a pilot program, 
     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 regulations prescribed 
     under this chapter or section 31136. The Secretary shall 
     include, at a minimum, the following elements in each pilot 
     program plan:

[[Page H3870]]

       ``(A) A scheduled life of each pilot program of not more 
     than 3 years.
       ``(B) A specific data collection and safety analysis plan 
     that identifies a method for comparison.
       ``(C) A reasonable number of participants necessary to 
     yield statistically valid findings.
       ``(D) An oversight plan to ensure that participants comply 
     with the terms and conditions of participation.
       ``(E) Adequate countermeasures to protect the health and 
     safety of study participants and the general public.
       ``(F) A plan to inform State partners and the public about 
     the pilot program and to identify approved participants to 
     safety compliance and enforcement personnel and to the 
     public.
       ``(3) Authority to revoke participation.--The Secretary 
     shall immediately revoke participation in a pilot program of 
     a motor carrier, commercial motor vehicle, or driver for 
     failure to comply with the terms and conditions of the pilot 
     program or if continued participation would not be consistent 
     with the goals and objectives of this chapter or section 
     31136, as the case may be.
       ``(4) Authority to terminate program.--The Secretary shall 
     immediately terminate a pilot program if its continuation 
     would not be consistent with the goals and objectives of this 
     chapter or section 31136, as the case may be.
       ``(5) Report to congress.--At the conclusion of each pilot 
     program, the Secretary shall report to Congress the findings, 
     conclusions, and recommendations of the program, including 
     suggested amendments to laws and regulations that would 
     enhance motor carrier, commercial motor vehicle, and driver 
     safety and improve compliance with national safety standards.
       ``(d) Preemption of State Rules.--During the time period 
     that a waiver, exemption, or pilot program is in effect under 
     this chapter or section 31136, no State shall enforce any law 
     or regulation that conflicts with or is inconsistent with the 
     waiver, exemption, or pilot program with respect to a person 
     operating under the waiver or exemption or participating in 
     the pilot program.''.
       (b) Chapter Analysis Amendment.--The analysis for chapter 
     313 is amended by striking the item relating to section 31315 
     and inserting the following:

``31315. Waivers, exemptions, and pilot programs.''.
       (c) Conforming Amendment.--Section 31136(e) of such title 
     is amended to read as follows:
       ``(e) Exemptions.--The Secretary may grant in accordance 
     with section 31315 waivers and exemptions from, or conduct 
     pilot programs with respect to, any regulations prescribed 
     under this section.''.
       (d) Protection of Existing Exemptions.--The amendments made 
     by this section shall not apply to or otherwise affect a 
     waiver, exemption, or pilot program in effect on the day 
     before the date of enactment of this Act under chapter 313 or 
     section 31136(e) of title 49, United States Code.

     SEC. 4008. SAFETY REGULATION.

       (a) Commercial Motor Vehicle Defined.--Section 31132(1) is 
     amended--
       (1) in subparagraph (A)--
       (A) by inserting ``or gross vehicle weight'' after 
     ``rating''; and
       (B) by inserting ``, whichever is greater'' after 
     ``pounds''; and
       (2) in subparagraph (B) by striking ``passengers'' and all 
     that follows through the semicolon at the end and inserting 
     ``more than 8 passengers (including the driver) for 
     compensation;''.
       (b) Application of Regulations to Certain Commercial Motor 
     Vehicles.--Effective on the last day of the 1-year period 
     beginning on the date of enactment of this Act, regulations 
     prescribed under section 31136 of title 49, United States 
     Code, shall apply to operators of commercial motor vehicles 
     described in section 31132(1)(B) of such title (as amended by 
     subsection (a)) to the extent that those regulations did not 
     apply to those operators on the day before such effective 
     date, except to the extent that the Secretary determines, 
     through a rulemaking proceeding, that it is appropriate to 
     exempt such operators of commercial motor vehicles from the 
     application of those regulations.
       (c) Repeal of Review Panel.--Section 31134, and the item 
     relating to such section in the analysis for chapter 311, are 
     repealed.
       (d) Repeal of Submission to Review Panel.--Section 31140, 
     and the item relating to such section in the analysis for 
     chapter 311, are repealed.
       (e) Review Procedure.--Section 31141 is amended--
       (1) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Submission of Regulation.--A State receiving funds 
     made available under section 31104 that enacts a State law or 
     issues a regulation on commercial motor vehicle safety shall 
     submit a copy of the law or regulation to the Secretary 
     immediately after the enactment or issuance.
       ``(c) Review and Decisions by Secretary.--
       ``(1) Review.--The Secretary shall review State laws and 
     regulations on commercial motor vehicle safety. The Secretary 
     shall decide whether the State law or regulation--
       ``(A) has the same effect as a regulation prescribed by the 
     Secretary under section 31136;
       ``(B) is less stringent than such regulation; or
       ``(C) is additional to or more stringent than such 
     regulation.
       ``(2) Regulations with same effect.--If the Secretary 
     decides a State law or regulation has the same effect as a 
     regulation prescribed by the Secretary under section 31136 of 
     this title, the State law or regulation may be enforced.
       ``(3) Less stringent regulations.--If the Secretary decides 
     a State law or regulation is less stringent than a regulation 
     prescribed by the Secretary under section 31136 of this 
     title, the State law or regulation may not be enforced.
       ``(4) Additional or more stringent regulations.--If the 
     Secretary decides a State law or regulation is additional to 
     or more stringent than a regulation prescribed by the 
     Secretary under section 31136 of this title, the State law or 
     regulation may be enforced unless the Secretary also decides 
     that--
       ``(A) the State law or regulation has no safety benefit;
       ``(B) the State law or regulation is incompatible with the 
     regulation prescribed by the Secretary; or
       ``(C) enforcement of the State law or regulation would 
     cause an unreasonable burden on interstate commerce.
       ``(5) Consideration of effect on interstate commerce.--In 
     deciding under paragraph (4) 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 that law or regulation with the 
     implementation of all similar laws and regulations of other 
     States.'';
       (2) by striking subsection (e); and
       (3) by redesignating subsections (f), (g), and (h) as 
     subsections (e), (f), and (g), respectively.
       (f) Inspection of Safety Equipment.--Section 31142(a) is 
     amended by striking ``part 393 of title 49, Code of Federal 
     Regulations'' and inserting ``the regulations issued under 
     section 31136''.
       (g) Protection of States Participating in State Groups.--
     Section 31142(c)(1)(C) is amended to read as follows:
       ``(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''.

     SEC. 4009. SAFETY FITNESS.

       (a) In General.--Section 31144 is amended to read as 
     follows:

     ``Sec. 31144. Safety fitness of owners and operators

       ``(a) In General.--The Secretary shall--
       ``(1) determine whether an owner or operator is fit to 
     operate safely commercial motor vehicles;
       ``(2) periodically update such safety fitness 
     determinations;
       ``(3) make such final safety fitness determinations readily 
     available to the public; and
       ``(4) prescribe by regulation penalties for violations of 
     this section consistent with section 521.
       ``(b) Procedure.--The Secretary shall maintain by 
     regulation a procedure for determining the safety fitness of 
     an owner or operator. The procedure shall include, at a 
     minimum, the following elements:
       ``(1) Specific initial and continuing requirements with 
     which an owner or operator must comply to demonstrate safety 
     fitness.
       ``(2) A methodology the Secretary will use to determine 
     whether an owner or operator is fit.
       ``(3) Specific time frames within which the Secretary will 
     determine whether an owner or operator is fit.
       ``(c) Prohibited Transportation.--
       ``(1) In general.--Except as provided in sections 
     521(b)(5)(A) and 5113 and this subsection, an owner or 
     operator who the Secretary determines is not fit may not 
     operate commercial motor vehicles in interstate commerce 
     beginning on the 61st day after the date of such fitness 
     determination and until the Secretary determines such owner 
     or operator is fit.
       ``(2) Owners or operators transporting passengers.--With 
     regard to owners or operators of commercial motor vehicles 
     designed or used to transport passengers, an owner or 
     operator who the Secretary determines is not fit may not 
     operate in interstate commerce beginning on the 46th day 
     after the date of such fitness determination and until the 
     Secretary determines such owner or operator is fit.
       ``(3) Owners or operators transporting hazardous 
     material.--With regard to owners or operators of commercial 
     motor vehicles designed or used to transport hazardous 
     material for which placarding of a motor vehicle is required 
     under regulations prescribed under chapter 51, an owner or 
     operator who the Secretary determines is not fit may not 
     operate in interstate commerce beginning on the 46th day 
     after the date of such fitness determination and until the 
     Secretary determines such owner or operator is fit.
       ``(4) Secretary's discretion.--Except for owners or 
     operators described in paragraphs (2) and (3), the Secretary 
     may allow an owner or operator who is not fit to continue 
     operating for an additional 60 days after the 61st day after 
     the date of the Secretary's fitness determination, if the 
     Secretary determines that such owner or operator is making a 
     good faith effort to become fit.
       ``(d) Review of Fitness Determinations.--
       ``(1) In general.--Not later than 45 days after an unfit 
     owner or operator requests a review, the Secretary shall 
     review such owner's or operator's compliance with those 
     requirements with which the owner or operator failed to 
     comply and resulted in the Secretary determining that the 
     owner or operator was not fit.
       ``(2) Owners or operators transporting passengers.--Not 
     later than 30 days after an unfit owner or operator of 
     commercial motor vehicles designed or used to transport 
     passengers requests a review, the Secretary shall review such 
     owner's or operator's compliance with those requirements with 
     which the owner or operator failed to comply and resulted in 
     the Secretary determining that the owner or operator was not 
     fit.
       ``(3) Owners or operators transporting hazardous 
     material.--Not later than 30 days after an unfit owner or 
     operator of commercial motor vehicles designed or used to 
     transport

[[Page H3871]]

     hazardous material for which placarding of a motor vehicle is 
     required under regulations prescribed under chapter 51, the 
     Secretary shall review such owner's or operator's compliance 
     with those requirements with which the owner or operator 
     failed to comply and resulted in the Secretary determining 
     that the owner or operator was not fit.
       ``(e) Prohibited Government Use.--A department, agency, or 
     instrumentality of the United States Government may not use 
     to provide any transportation service an owner or operator 
     who the Secretary has determined is not fit until the 
     Secretary determines such owner or operator is fit.''.
       (b) Conforming Amendment.--Section 5113 is amended by 
     striking subsections (a), (b), (c), and (d) and inserting the 
     following:
       ``See section 31144.''.

     SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS 
                   AUTHORITIES.

       Subchapter IV of chapter 311 (including sections 31161 and 
     31162), and the items relating to such subchapter and 
     sections in the analysis for chapter 311, are repealed.

     SEC. 4011. COMMERCIAL VEHICLE OPERATORS.

       (a) Commercial Motor Vehicle Defined.--Section 31301(4) is 
     amended--
       (1) in subparagraph (A)--
       (A) by inserting ``or gross vehicle weight'' after 
     ``rating'' the first 2 places it appears; and
       (B) by inserting ``, whichever is greater,'' after 
     ``pounds'' the first place it appears; and
       (2) in subparagraph (C)(ii)--
       (A) by inserting ``is'' before ``transporting'' each place 
     it appears; and
       (B) by inserting ``is'' before ``not otherwise''.
       (b) Prohibition on CMV Operation Without CDL.--
       (1) In general.--Section 31302 of such title is amended to 
     read as follows:

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

       ``No individual shall operate a commercial motor vehicle 
     without a valid commercial driver's license issued in 
     accordance with section 31308. An individual operating a 
     commercial motor vehicle may have only one driver's license 
     at any time.''.
       (2) Conforming amendment.--The item relating to section 
     31302 in the analysis for chapter 313 is amended to read as 
     follows:

``31302. Commercial driver's license requirement.''.
       (c) Unique Identifiers in CDLs.--
       (1) In general.--Section 31308(2) is amended by inserting 
     before the semicolon ``and each license issued after January 
     1, 2001, include unique identifiers (which may include 
     biometric identifiers) to minimize fraud and duplication''.
       (2) Deadline for issuance of regulations.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall issue regulations to carry out the amendment 
     made by paragraph (1).
       (d) Commercial Driver's License Information System.--
     Section 31309 of such title 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 inserting after the first sentence of subsection (a) 
     the following: ``The system shall be coordinated with 
     activities carried out under section 31106.'';
       (3) by striking subsections (b) and (c);
       (4) by striking subsection (d)(2) and inserting the 
     following:
       ``(2) The information system under this section must 
     accommodate any unique identifiers required to minimize fraud 
     or duplication of a commercial driver's license under section 
     31308(2).'';
       (5) by striking subsection (e) and inserting the following:
       ``(e) Availability of Information.--Information in the 
     information system shall be made available and subject to 
     review and correction in accordance with the policy developed 
     under section 31106(e).'';
       (6) in subsection (f) by striking ``If the Secretary 
     establishes an information system under this section, the'' 
     and inserting ``The'';
       (7) by striking ``shall'' in the first sentence of 
     subsection (f) and inserting ``may''; and
       (8) by redesignating subsections (d), (e), and (f) as 
     subsections (b), (c), and (d), respectively.
       (e) Requirements for State Participation.--Section 31311(a) 
     is amended--
       (1) in paragraph (15) by striking ``section 31310(b)-(e) of 
     this title'' and inserting ``subsections (b)-(e), (g)(1)(A), 
     and (g)(2) of section 31310'';
       (2) by striking paragraph (17); and
       (3) by redesignating paragraph (18) as paragraph (17).
       (f) Repeal of Obsolete Grant Programs.--Sections 31312 and 
     31313, and the items relating to such sections in the 
     analysis for chapter 313, are repealed.
       (g) Updating Amendments.--Section 31314 is amended--
       (1) by striking ``(2), (5), and (6)'' each place it appears 
     in subsections (a) and (b) and inserting ``(3), and (5)'';
       (2) in subsection (c) by striking ``(1) Amounts'' and all 
     that follows through ``(2) Amounts'' and inserting 
     ``Amounts'';
       (3) by striking subsection (d); and
       (4) by redesignating subsection (e) as subsection (d).

     SEC. 4012. 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:
       ``(e) Exception.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, regulations issued 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.--An elected State or local 
     government official or elected officials of more than one 
     State or local government jointly may issue an emergency 
     declaration for purposes of paragraph (1) 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 of the driver to which the 
     declaration applied.
       ``(4) Definitions.--In this subsection, the following 
     definitions apply:
       ``(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; 109 Stat. 
     613).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning that term has under section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note; 109 Stat 614-615).''.
       (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.--In this subsection, the following 
     definitions apply:
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning that term has under 
     section 31301 of title 49, United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning that term has 
     under section 31502(e)(2) of such title.
       (C) Regulation.--The term ``regulation'' has the meaning 
     that term has under section 31132 of such title.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning that term has under section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note; 109 Stat. 614-615).

     SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN 
                   AND INTERNATIONAL FUEL TAX AGREEMENT.

       Sections 31702, 31703, and 31708, and the items relating to 
     such sections in the analysis for chapter 317, are repealed.

     SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; 
                   LIMITATION ON LIABILITY.

       (a) In General.--
       (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 on Applicability.--
       ``(1) Motor carrier requesting.--Subsection (a) does not 
     apply to a motor carrier requesting safety performance 
     records unless--
       ``(A) the motor carrier and any agents of the motor carrier 
     have complied with the regulations issued by the Secretary in 
     using 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 and any agents and insurers of the 
     motor carrier have taken all precautions reasonably necessary 
     to protect the records from disclosure to any person, except 
     for such an insurer, not directly involved in deciding 
     whether to hire that individual; and
       ``(C) the motor carrier 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) Person complying with requests.--Subsection (a) does 
     not apply to a person complying with a request for safety 
     performance records unless--

[[Page H3872]]

       ``(A) the complying person and any agents of the complying 
     person have taken all precautions reasonably necessary to 
     ensure the accuracy of the records and have complied with the 
     regulations issued by the Secretary in 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; and
       ``(B) the complying person and any agents and insurers of 
     the complying person have taken all precautions reasonably 
     necessary to protect the records from disclosure to any 
     person, except for such an insurer, not directly involved in 
     forwarding the records.
       ``(3) Persons knowingly furnishing false information.--
     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 to carry out this section. 
     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 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.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 31, 1999.
       (c) Safety Performance History of New Drivers.--
       (1) Matters to be included.--As part of the rulemaking that 
     the Secretary is conducting under section 114 of the 
     Hazardous Materials Transportation Authorization Act of 1994 
     (108 Stat. 1677-1678) to amend section 391.23 of title 49, 
     Code of Federal Regulations (or successor regulations 
     thereto), the Secretary shall amend such section 391.23 (in 
     addition to the matters set forth in such section 114) to 
     provide protection for driver privacy and to establish 
     procedures for review, correction, and rebuttal of the safety 
     performance records of a commercial motor vehicle driver.
       (2) Completion.--The rulemaking and the amendments referred 
     to in paragraph (1) shall be completed by January 31, 1999.

     SEC. 4015. PENALTIES.

       (a) Notification of Violations and Enforcement 
     Procedures.--Section 521(b)(1) is amended--
       (1) in the third sentence of subparagraph (A) by striking 
     ``fix a reasonable time for abatement of the violation,''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Nonapplicability to reporting and recordkeeping 
     violations.--Subparagraph (A) shall not apply to reporting 
     and recordkeeping violations.''.
       (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 31138 and 31139) 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.--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 31138 and 31139) 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--
       ``(i) who does not make that report, does not specifically, 
     completely, and truthfully answer that question in 30 days 
     from the date the Secretary requires the question to be 
     answered, or 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; or
       ``(ii) who knowingly falsifies, destroys, mutilates, or 
     changes a required report or record, knowingly files a false 
     report with the Secretary, 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 
     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, if any such action can be 
     shown to have misrepresented a fact that constitutes a 
     violation other than a reporting or recordkeeping 
     violation.''.
       (c) Conforming Amendments.--Section 522 is amended by 
     striking ``(a)'' and by striking subsection (b).

     SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

       Section 14501(a) is amended to read as follows:
       ``(a) Motor Carriers of Passengers.--
       ``(1) Limitation on state law.--No State or political 
     subdivision thereof and no interstate agency or other 
     political agency of 2 or more States shall enact or enforce 
     any law, rule, regulation, standard, or other provision 
     having the force and effect of law relating to
       ``(A) scheduling of interstate or intrastate transportation 
     (including discontinuance or reduction in the level of 
     service) provided by a motor carrier of passengers subject to 
     jurisdiction under subchapter I of chapter 135 of this title 
     on an interstate route;
       ``(B) the implementation of any change in the rates for 
     such transportation or for any charter transportation except 
     to the extent that notice, not in excess of 30 days, of 
     changes in schedules may be required; or
       ``(C) the authority to provide intrastate or interstate 
     charter bus transportation.
     This paragraph shall not apply to intrastate commuter bus 
     operations.
       ``(2) Matters not covered.--Paragraph (1) shall not 
     restrict the safety regulatory authority of a State with 
     respect to motor vehicles, the authority of a State to impose 
     highway route controls or limitations based on the size or 
     weight of the motor vehicle, or the authority of a State to 
     regulate carriers with regard to minimum amounts of financial 
     responsibility relating to insurance requirements and self-
     insurance authorization.''.

     SEC. 4017. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.

       (a) In General.--For a period of not less than 2 years 
     beginning on or before the 90th day following the date of 
     enactment of this Act, the Secretary shall establish, 
     maintain, and promote the use of a nationwide toll-free 
     telephone system to be used by drivers of commercial motor 
     vehicles and others to report potential violations of Federal 
     motor carrier safety regulations.
       (b) Monitoring.--The Secretary shall monitor reports 
     received by the telephone system and may consider 
     nonfrivolous information provided by such reports in setting 
     priorities for motor carrier safety audits and other 
     enforcement activities.
       (c) Protection of Persons Reporting Violations.--
       (1) Prohibition.--A person reporting a potential violation 
     to the telephone system while acting in good faith may not be 
     discharged, disciplined, or discriminated against regarding 
     pay, terms, or privileges of employment because of the 
     reporting of such violation.
       (2) Applicability of section 31105 of title 49.--For 
     purposes of section 31105 of title 49, United States Code, a 
     violation or alleged violation of paragraph (1) shall be 
     treated as a violation of section 31105(a) of such title.
       (d) Funding.--From amounts set aside under section 104(a) 
     of title 23, United States Code, the Secretary may use not 
     more than $250,000 for each of fiscal years 1999 through 
     2003 to carry out this section.

     SEC. 4018. INSULIN TREATED DIABETES MELLITUS.

       (a) Determination.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall determine 
     whether a practicable and cost-effective screening, 
     operating, and monitoring protocol could likely be developed 
     for insulin treated diabetes mellitus individuals who want to 
     operate commercial motor vehicles in interstate commerce that 
     would ensure a level of safety equal to or greater than that 
     achieved with the current prohibition on individuals with 
     insulin treated diabetes mellitus driving such vehicles.
       (b) Compilation and Evaluation.--Prior to making the 
     determination in subsection (a), the Secretary shall compile 
     and evaluate research and other information on the effects of 
     insulin treated diabetes mellitus on driving performance. In 
     preparing the compilation and evaluation, the Secretary 
     shall, at a minimum--
       (1) consult with States that have developed and are 
     implementing a screening process to identify individuals with 
     insulin treated diabetes mellitus who may obtain waivers to 
     drive commercial motor vehicles in intrastate commerce;
       (2) evaluate the Department's policy and actions to permit 
     certain insulin treated diabetes mellitus individuals who 
     meet selection criteria and who successfully comply with the 
     approved monitoring protocol to operate in other modes of 
     transportation;
       (3) assess the possible legal consequences of permitting 
     insulin treated diabetes mellitus individuals to drive 
     commercial motor vehicles in interstate commerce;
       (4) analyze available data on the safety performance of 
     diabetic drivers of motor vehicles;
       (5) assess the relevance of intrastate driving and 
     experiences of other modes of transportation to interstate 
     commercial motor vehicle operations; and
       (6) consult with interested groups knowledgeable about 
     diabetes and related issues.
       (c) Report to Congress.--If the Secretary determines that 
     no protocol described in subsection (a) could likely be 
     developed, the Secretary shall report to Congress the basis 
     for such determination.
       (d) Initiation of Rulemaking.--If the Secretary determines 
     that a protocol described in subsection (a) could likely be 
     developed, the Secretary shall report to Congress a 
     description of the elements of such protocol and shall 
     promptly initiate a rulemaking proceeding to implement such 
     protocol.

[[Page H3873]]

     SEC. 4019. PERFORMANCE-BASED CDL TESTING.

       (a) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete a review 
     of the procedures established and implemented by States under 
     section 31305 of title 49, United States Code, to determine 
     if the current system for testing is an accurate measure and 
     reflection of an individual's knowledge and skills as an 
     operator of a commercial motor vehicle and to identify 
     methods to improve testing and licensing standards, including 
     identifying the benefits and costs of a graduated licensing 
     system.
       (b) Regulations.--The Secretary may issue regulations under 
     section 31305 of title 49, United States Code, reflecting the 
     results of the review.

     SEC. 4020. POST-ACCIDENT ALCOHOL TESTING.

       (a) Study.--The Secretary shall conduct a study of the 
     feasibility of utilizing law enforcement officers for 
     conducting post-accident alcohol testing of commercial motor 
     vehicle operators under section 31306 of title 49, United 
     States Code, as a method of obtaining more timely 
     information. The study shall also assess the impact of the 
     current post-accident alcohol testing requirements on motor 
     carrier employers, including any burden that employers may 
     encounter in meeting the testing requirements of such 
     section 31306.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the study, together with such 
     recommendations as the Secretary determines appropriate.

     SEC. 4021. DRIVER FATIGUE.

       (a) Technologies To Reduce Fatigue of Commercial Motor 
     Vehicle Operators.--
       (1) Development of technologies.--As part of the activities 
     of the Secretary relating to the fatigue of commercial motor 
     vehicle operators, the Secretary shall encourage the 
     research, development, and demonstration of technologies that 
     may aid in reducing such fatigue.
       (2) Matters to be taken into account.--In carrying out 
     paragraph (1), the Secretary shall take into account--
       (A) the degree to which the technology will be cost 
     efficient;
       (B) the degree to which the technology can be effectively 
     used in diverse climatic regions of the Nation; and
       (C) the degree to which the application of the technology 
     will further emissions reductions, energy conservation, and 
     other transportation goals.
       (3) Funding.--The Secretary may use amounts made available 
     under section 5001(a)(2) of this Act.
       (b) Nonsedating Medications.--The Secretary shall review 
     available information on the effects of medications 
     (including antihistamines) on driver fatigue, awareness, and 
     performance and shall consider encouraging, if appropriate, 
     the use of nonsedating medications (including nonsedating 
     antihistamines) as a means of reducing the adverse effects of 
     the use of other medications by drivers.

     SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

       (a) Pilot Program.--
       (1) In general.--The Secretary 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.
       (2) Purpose.--The purpose of the program shall be to--
       (A) 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;
       (B) assess the feasibility, costs, safety impact, pricing 
     impact, and benefits of record exchanges; and
       (C) assess methods for the efficient exchange of driver 
     safety data available from existing State information systems 
     and sources.
       (3) Completion date.--The pilot program shall end on the 
     last day of the 18-month period beginning on the date of 
     initiation of the pilot program.
       (b) Rulemaking.--After completion of the pilot program, the 
     Secretary shall initiate, if appropriate, a rulemaking to 
     revise the information system under section 31309 of title 
     49, United States Code, to take into account the results of 
     the pilot program.

     SEC. 4023. EMPLOYEE PROTECTIONS.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary, 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 necessary to 
     strengthen the enforcement of such employee protection 
     provisions.

     SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary shall initiate a rulemaking proceeding to 
     determine whether or not relevant commercial motor carrier 
     safety regulations issued under section 31136 of title 49, 
     United States Code, should apply to all interstate school 
     transportation operations by local educational agencies (as 
     defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965).

     SEC. 4025. TRUCK TRAILER CONSPICUITY.

       (a) Issuance of Final Rule.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall issue 
     a final rule regarding the conspicuity of trailers 
     manufactured before December 1, 1993.
       (b) Considerations.--In conducting the rulemaking under 
     subsection (a), the Secretary shall consider, at a minimum, 
     the following:
       (1) The cost-effectiveness of any requirement to retrofit 
     trailers manufactured before December 1, 1993.
       (2) The extent to which motor carriers have voluntarily 
     taken steps to increase equipment visibility.
       (3) Regulatory flexibility to accommodate differing trailer 
     designs and configurations, such as tank trucks.

     SEC. 4026. DOT IMPLEMENTATION PLAN.

       (a) Assessment.--Not later than 18 months after the date of 
     enactment of this section, the Secretary shall assess the 
     scope of the problem of shippers, freight forwarders, 
     brokers, cosignees, or other persons (other than rail 
     carriers, motor carriers, motor carriers of migrant workers, 
     or motor private carriers) encouraging violations of chapter 
     5 of title 49, United States Code, or a regulation or order 
     issued by the Secretary under such chapter.
       (b) Submission of Implementation Plan.--After completion of 
     the assessment under subsection (a), the Secretary may submit 
     to the Congress a plan for implementing authority (if 
     subsequently provided by law) to investigate and bring civil 
     actions to enforce chapter 5 of title 49, United States Code, 
     or regulations or orders issued by the Secretary under such 
     chapter with respect to persons described in subsection (a).
       (c) Contents of Implementation Plan.--In developing the 
     implementation plan under subsection (b), the Secretary shall 
     consider, as appropriate--
       (1) in what circumstances the Secretary would exercise the 
     new authority;
       (2) how the Secretary would determine that shippers, 
     freight forwarders, brokers, consignees, or other persons 
     committed violations described in subsection (a), including 
     what types of evidence would be conclusive;
       (3) what procedures would be necessary during 
     investigations to ensure the confidentiality of shipper 
     contract terms prior to the Secretary's findings of 
     violations;
       (4) what impact the exercise of the new authority would 
     have on the Secretary's resources, including whether 
     additional investigative or legal resources would be 
     necessary and whether the staff would need specialized 
     education or training to exercise properly such authority;
       (5) to what extent the Secretary would conduct educational 
     activities for persons who would be subject to the new 
     authority; and
       (6) any other information that would assist the Congress in 
     determining whether to provide the Secretary the new 
     authority.

     SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES.

       (a) Study.--The Secretary shall conduct a study 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. The study shall include an 
     inventory of current facilities serving the National Highway 
     System, analyze where shortages exist or are projected to 
     exist, and propose a plan to reduce the shortages. The study 
     may be carried out in cooperation with research entities 
     representing motor carriers, the travel plaza industry, and 
     commercial motor vehicle drivers.
       (b) Report.--Not later than the 3 years after the date of 
     the enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study with any 
     recommendations the Secretary determines appropriate as a 
     result of the study.
       (c) Funding.--From amounts set aside under section 104(a) 
     of title 23, United States Code, for each of fiscal years 
     1999, 2000, and 2001, the Secretary may use not to exceed 
     $500,000 per fiscal year to carry out this section.

     SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.

       (a) Review.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall review--
       (1) the qualifications 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 operate as a motor 
     carrier in the United States; and
       (2) the carrier's likely ability to comply with applicable 
     laws and regulations of the United States.
       (b) Use of Review.--The review conducted under subsection 
     (a) shall not constitute a finding by the Secretary under 
     section 13902 of title 49, United States Code, that a motor 
     carrier is willing and able to comply with requirements of 
     such section. The results of the review may be used by the 
     Secretary as the Secretary determines appropriate.
       (c) Report.--Not later than 120 days after the date of 
     enactment this Act, the Secretary shall submit a report on 
     the results of the review to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives. 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 review the safety fitness of those 
     carriers.

     SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.

       The Department of Transportation shall maintain at least 
     the number of Federal motor carrier safety inspectors for 
     international border

[[Page H3874]]

     commercial vehicle inspections as in effect on September 30, 
     1997, or provide for alternative resources and mechanisms to 
     ensure at least 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. 4030. 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;
       (iii) mass transportation operators;
       (iv) employee organizations; and
       (v) bicycling organizations;
       (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 
     $200,000 for fiscal year 2000 and $200,000 for fiscal year 
     2001. Such sums shall remain available until expended.

     SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

       (a) General Rule.--Notwithstanding the provisions of 
     section 13902(c)(4)(A) of title 49, United States Code, the 
     New Mexico Commercial Zone shall be a commercial zone for 
     purposes of transportation of property only under section 
     13506(b) of such title.
       (b) Consultation.--In carrying out this section, the 
     Secretary shall consult with other Federal agencies that have 
     responsibilities over traffic between the United States and 
     Mexico.
       (c) Submission of Plan.--Not later than 3 months after the 
     date of enactment of this Act, the State of New Mexico shall 
     submit to the Secretary a plan describing how the State will 
     monitor commercial motor vehicle traffic and enforce safety 
     regulations.
       (d) Savings Provision.--Nothing in this section shall 
     affect any action commenced or pending before the Secretary 
     or Surface Transportation Board before the date of enactment 
     of this Act.
       (e) New Mexico Commercial Zone Defined.--In this section, 
     the term ``New Mexico Commercial Zone'' means the area that 
     is comprised of Dona Ana County and Luna County in New 
     Mexico.
       (f) Designation.--The designation and operation of the New 
     Mexico commercial zone shall become effective upon the date 
     of enactment of this Act.

     SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS.

       (a) Study.--The Secretary shall conduct a study on the 
     effects of reductions of grants under section 31102 of title 
     49, United States Code, due to nonconformity of State 
     intrastate motor carrier, commercial motor vehicle, and 
     driver requirements with Federal interstate requirements. In 
     conducting the study, the Secretary shall consider, at a 
     minimum--
       (1) national uniformity and the purposes of the motor 
     carrier safety assistance program;
       (2) State motor carrier, commercial motor vehicle, and 
     driver safety oversight and enforcement capabilities; and
       (3) the safety impacts, costs, and benefits of full 
     participation in the program.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study.
       (c) Adjustment of State Allocations.--The Secretary is 
     authorized to adjust State allocations under section 31103 of 
     title 49, United States Code, to reflect the results of the 
     study.

                    TITLE V--TRANSPORTATION RESEARCH

                          Subtitle A--Funding

     SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Surface transportation research.--For carrying out 
     sections 502, 506, 507, and 508 of title 23, United States 
     Code, and section 5112 of this Act $96,000,000 for fiscal 
     year 1998, $97,000,000 for fiscal year 1999, $97,000,000 for 
     fiscal year 2000, $98,000,000 for fiscal year 2001, 
     $101,000,000 for fiscal year 2002, and $103,000,000 for 
     fiscal year 2003.
       (2) Technology deployment program.--To carry out section 
     503 of title 23, United States Code, $35,000,000 for fiscal 
     year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for 
     fiscal year 2000, $45,000,000 for fiscal year 2001, 
     $45,000,000 for fiscal year 2002, and $50,000,000 for fiscal 
     year 2003.
       (3) Training and education.--For carrying out section 504 
     of title 23, United States Code, $14,000,000 for fiscal year 
     1998, $15,000,000 for fiscal year 1999, $16,000,000 for 
     fiscal year 2000, $18,000,000 for fiscal year 2001, 
     $19,000,000 for fiscal year 2002, and $20,000,000 for fiscal 
     year 2003.
       (4) Bureau of transportation statistics.--For the Bureau of 
     Transportation Statistics to carry out section 111 of title 
     49, United States Code, $31,000,000 for each of fiscal years 
     1998 through 2003.
       (5) ITS standards, research, operational tests, and 
     development.--For carrying out sections 5204, 5205, 5206, and 
     5207 of this Act $95,000,000 for fiscal year 1998, 
     $95,000,000 for fiscal year 1999, $98,200,000 for fiscal year 
     2000, $100,000,000 for fiscal year 2001, $105,000,000 for 
     fiscal year 2002, $110,000,000 for fiscal year 2003.
       (6) ITS deployment.--For carrying out sections 5208 and 
     5209 of this Act $101,000,000 for fiscal year 1998, 
     $105,000,000 for fiscal year 1999, $113,000,000 for fiscal 
     year 2000, $118,000,000 for fiscal year 2001, $120,000,000 
     for fiscal year 2002, and $122,000,000 for fiscal year 2003.
       (7) University transportation research.--For carrying out 
     section 5505 of title 49, United States Code, $31,150,000 for 
     fiscal year 1998, $31,150,000 for fiscal year 1999, 
     $32,750,000 for fiscal year 2000, $32,750,000 for fiscal year 
     2001, $32,000,000 for fiscal year 2002, and $32,000,000 for 
     fiscal year 2003.
       (b) Applicability of Title 23, United States Code.--Funds 
     authorized to be appropriated by subsection (a) shall be 
     available for obligation in the same manner as if such funds 
     were apportioned under chapter 1 of title 23, United States 
     Code, except that the Federal share of the cost of a project 
     or activity carried out using such funds shall be 80 percent 
     (unless otherwise expressly provided by this subtitle or 
     otherwise determined by the Secretary with respect to a 
     project of activity) and such funds shall remain available 
     until expended.
       (c) Allocations.--
       (1) Surface transportation research.--Of the amounts made 
     available under subsection (a)(1)--
       (A) $10,000,000 for each of fiscal years 1998 through 2003 
     shall be available to carry out section 502(e) of title 23, 
     United States Code (relating to long-term pavement 
     performance);
       (B) not to exceed $2,000,000 for each of fiscal years 1998 
     through 2003 shall be available to carry out section 502(f) 
     of such title (relating to seismic research), of which not to 
     exceed $2,500,000 may be used to upgrade earthquake 
     simulation facilities as required to carry out the program;
       (C) $500,000 for each of fiscal years 1998 through 2003 
     shall be available to carry out section 506 of such title 
     (relating to international outreach); and
       (D) $5,000,000 for each of fiscal years 1998 through 2003 
     to carry out research on improved methods of using concrete 
     pavement in the construction, reconstruction, and repair of 
     Federal-aid highways.
       (2) Technology deployment.--Of the amounts made available 
     under subsection (a)(2)--
       (A) $1,000,000 for each of fiscal years 1998 through 2003 
     shall be available to carry out section 503(b)(3)(A)(i) of 
     title 23, United States Code (relating to research 
     development technology transfer activities); and
       (B) $10,000,000 for fiscal year 1998, $15,000,000 for 
     fiscal year 1999, $17,000,000 for fiscal year 2000, and 
     $20,000,000 for each of fiscal years 2001 through 2003 shall 
     be available to carry out section 503(b)(3)(A)(ii) of such 
     title (relating to repair, rehabilitation, and construction).
       (3) Training and education.--Of the amounts made available 
     under subsection (a)(3)--
       (A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal 
     year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for 
     fiscal year 2001, $7,000,000 for fiscal year 2002, and 
     $8,000,000 for fiscal year 2003 shall be available to carry 
     out section 504(a) of title 23, United States Code (relating 
     to the National Highway Institute);
       (B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal 
     year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for 
     fiscal year 2001, $10,000,000 for fiscal year 2002, and 
     $10,000,000 for fiscal year 2003 shall be available to carry 
     out section 504(b) of such title (relating to local technical 
     assistance); and
       (C) $2,000,000 for each of fiscal years 1998 through 2003 
     shall be available to carry out section 504(c)(2) of such 
     title (relating to the Eisenhower Transportation Fellowship 
     Program).
       (4) ITS deployment.--Of the amounts made available under 
     subsection (a)(6)--
       (A) $74,000,000 for fiscal year 1998, $75,000,000 for 
     fiscal year 1999, $80,000,000 for fiscal year 2000, 
     $83,000,000 for fiscal year 2001, $85,000,000 for fiscal year 
     2002, and $85,000,000 for fiscal year 2003 shall be available 
     to carry out section 5208 of this Act (relating to 
     Intelligent Transportation Systems integration); and
       (B) $25,500,000 for fiscal year 1998, $27,200,000 for 
     fiscal year 1999, $30,200,000 for fiscal year 2000, 
     $32,200,000 for fiscal year 2001, $33,500,000 for fiscal year 
     2002, and $35,500,000 for fiscal year 2003 shall be available 
     to carry out section 5209 of this Act (relating to commercial 
     vehicle infrastructure).
       (d) Transfers of Funds.--The Secretary may transfer not to 
     exceed 10 percent of the amounts allocated in a fiscal year 
     under a subparagraph in each of paragraphs (1) through (4) of 
     subsection (c) to the amounts allocated under any other 
     subparagraph in the paragraph.

[[Page H3875]]

     SEC. 5002. OBLIGATION CEILING.

       Notwithstanding any other provision of law, the total of 
     all obligations from amounts made available from the Highway 
     Trust Fund (other than the Mass Transit Account) by section 
     5001(a) of this Act shall not exceed $403,150,000 for fiscal 
     year 1998, $409,150,000 for fiscal year 1999, $427,950,000 
     for fiscal year 2000, $442,750,000 for fiscal year 2001, 
     $453,000,000 for fiscal year 2002, and $468,000,000 for 
     fiscal year 2003.

     SEC. 5003. NOTICE.

       (a) Notice of Reprogramming.--If any funds authorized for 
     carrying out this title or the amendments made by this title 
     are subject to a reprogramming action that requires notice to 
     be provided to the Committees on Appropriations of the House 
     of Representatives and the Senate, notice of such action 
     shall concurrently be provided to the Committee on 
     Transportation and Infrastructure and the Committee on 
     Science of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate.
       (b) Notice of Reorganization.--On or before the 15th day 
     preceding the date of any major reorganization of a program, 
     project, or activity of the Department of Transportation for 
     which funds are authorized by this title or the amendments 
     made by this title, the Secretary shall provide notice of 
     such reorganization to the Committee on Transportation and 
     Infrastructure and the Committee on Science of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate.

                  Subtitle B--Research and Technology

     SEC. 5101. 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

``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology deployment program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research strategic planning.

     ``Sec. 501. Definitions

       ``In this chapter, the following definitions apply:
       ``(1) Federal laboratory.--The term `Federal laboratory' 
     includes a Government-owned, Government-operated laboratory 
     and a Government-owned, contractor-operated laboratory.
       ``(2) 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.''.

     SEC. 5102. SURFACE TRANSPORTATION RESEARCH.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 502. Surface transportation research

       ``(a) General Authority.--
       ``(1) Research, development, and technology transfer 
     activities.--The Secretary may carry out research, 
     development, and technology transfer activities with respect 
     to--
       ``(A) motor carrier transportation;
       ``(B) all phases of transportation planning and development 
     (including construction, operation, modernization, 
     development, design, maintenance, safety, financing, and 
     traffic conditions); and
       ``(C) the effect of State laws on the activities described 
     in subparagraphs (A) and (B).
       ``(2) Tests and development.--The Secretary may test, 
     develop, or assist in testing and developing any material, 
     invention, patented article, or process.
       ``(3) Cooperation, grants, and contracts.--The Secretary 
     may carry out this section--
       ``(A) independently;
       ``(B) in cooperation with other Federal departments, 
     agencies, and instrumentalities and Federal laboratories; or
       ``(C) by making grants to, or entering into contracts, 
     cooperative agreements, and other transactions with, the 
     National Academy of Sciences, the American Association of 
     State Highway and Transportation Officials, or any Federal 
     laboratory, State agency, authority, association, 
     institution, for-profit or nonprofit corporation, 
     organization, foreign country, or person.
       ``(4) Technological innovation.--The programs and 
     activities carried out under this section shall be consistent 
     with the surface transportation research and technology 
     development strategic plan developed under section 508.
       ``(5) Funds.--
       ``(A) Special account.--In addition to other funds made 
     available to carry out this section, the Secretary shall use 
     such funds as may be deposited by any cooperating 
     organization or person in a special account of the Treasury 
     established for this purpose.
       ``(B) Use of funds.--The Secretary shall use funds made 
     available to carry out this section to develop, administer, 
     communicate, and promote the use of products of research, 
     development, and technology transfer programs under this 
     section.
       ``(b) Collaborative Research and Development.--
       ``(1) 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--
       ``(A) 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
       ``(B) Federal laboratories.
       ``(2) Agreements.--In carrying out this subsection, 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)).
       ``(3) Federal share.--
       ``(A) In general.--The Federal share of the cost of 
     activities carried out under a cooperative research and 
     development agreement entered into under this subsection 
     shall not exceed 50 percent, except that if there is 
     substantial public interest or benefit, the Secretary may 
     approve a greater Federal share.
       ``(B) 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 
     subparagraph (A).
       ``(4) Use of technology.--The research, development, or use 
     of a technology under a cooperative research and development 
     agreement entered into under this subsection, 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.).
       ``(5) 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.
       ``(c) Contents of Research Program.--The Secretary shall 
     include in surface transportation research, technology 
     development, and technology transfer programs carried out 
     under this title coordinated activities in the following 
     areas:
       ``(1) Development, use, and dissemination of indicators, 
     including appropriate computer programs for collecting and 
     analyzing data on the status of infrastructure facilities, to 
     measure the performance of the surface transportation systems 
     of the United States, including productivity, efficiency, 
     energy use, air quality, congestion, safety, maintenance, and 
     other factors that reflect system performance.
       ``(2) Methods, materials, and testing to improve the 
     durability of surface transportation infrastructure 
     facilities and extend the life of bridge structures, 
     including--
       ``(A) new and innovative technologies to reduce corrosion;
       ``(B) tests simulating seismic activity, vibration, and 
     weather; and
       ``(C) the use of innovative recycled materials.
       ``(3) Technologies and practices that reduce costs and 
     minimize disruptions associated with the construction, 
     rehabilitation, and maintenance of surface transportation 
     systems, including responses to natural disasters.
       ``(4) Development of nondestructive evaluation equipment 
     for use with existing infrastructure facilities and with 
     next-generation infrastructure facilities that use advanced 
     materials.
       ``(5) Dynamic simulation models of surface transportation 
     systems for--
       ``(A) predicting capacity, safety, and infrastructure 
     durability problems;
       ``(B) evaluating planned research projects; and
       ``(C) testing the strengths and weaknesses of proposed 
     revisions to surface transportation operations programs.
       ``(6) Economic highway geometrics, structures, and 
     desirable weight and size standards for vehicles using the 
     public highways and the feasibility of uniformity in State 
     regulations with respect to such standards.
       ``(7) Telecommuting and the linkages between 
     transportation, information technology, and community 
     development and the impact of technological change and 
     economic restructuring on travel demand.
       ``(8) Expansion of knowledge of implementing life cycle 
     cost analysis, including--
       ``(A) establishing the appropriate analysis period and 
     discount rates;
       ``(B) learning how to value and properly consider use 
     costs;
       ``(C) determining tradeoffs between reconstruction and 
     rehabilitation; and
       ``(D) establishing methodologies for balancing higher 
     initial costs of new technologies and improved or advanced 
     materials against lower maintenance costs.
       ``(9) Standardized estimates, to be developed in 
     conjunction with the National Institute of Standards and 
     Technology and other appropriate organizations, of useful 
     life under various conditions for advanced materials of use 
     in surface transportation.
       ``(10) Evaluation of traffic calming measures that promote 
     community preservation, transportation mode choice, and 
     safety.
       ``(11) Development and implementation of safety-enhancing 
     equipment, including unobtrusive eyetracking technology.
       ``(d) Advanced Research.--
       ``(1) In general.--The Secretary shall establish an 
     advanced research program, consistent with the surface 
     transportation research and technology development strategic 
     plan developed under section 508, that addresses longer-term, 
     higher-risk research that shows potential benefits for 
     improving the durability, efficiency, environmental impact, 
     productivity, and safety (including bicycle and pedestrian 
     safety) of highway and intermodal transportation systems. In 
     carrying out the program, the Secretary shall

[[Page H3876]]

     strive to develop partnerships with the public and private 
     sectors.
       ``(2) Research areas.--In carrying out the program, the 
     Secretary may make grants and enter into cooperative 
     agreements and contracts in such areas as the Secretary 
     determines appropriate, including the following:
       ``(A) Characterization of materials used in highway 
     infrastructure, including analytical techniques, 
     microstructure modeling, and the deterioration processes.
       ``(B) Diagnostics for evaluation of the condition of bridge 
     and pavement structures to enable the assessment of risks of 
     failure, including from seismic activity, vibration, and 
     weather.
       ``(C) Design and construction details for composite 
     structures.
       ``(D) Safety technology-based problems in the areas of 
     pedestrian and bicycle safety, roadside hazards, and 
     composite materials for roadside safety hardware.
       ``(E) Environmental research, including particulate matter 
     source apportionment and model development.
       ``(F) Data acquisition techniques for system condition and 
     performance monitoring.
       ``(G) Human factors, including prediction of the response 
     of travelers to new technologies.
       ``(e) Long-Term Pavement Performance Program.--
       ``(1) 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 (105 Stat. 1914 et 
     seq.) through the midpoint of a planned 20-year life of the 
     long-term pavement performance program.
       ``(2) Grants, cooperative agreements, and contracts.--Under 
     the program, the Secretary shall make grants and enter into 
     cooperative agreements and contracts to--
       ``(A) monitor, material-test, and evaluate highway test 
     sections in existence as of the date of the grant, agreement, 
     or contract;
       ``(B) analyze the data obtained in carrying out 
     subparagraph (A); and
       ``(C) prepare products to fulfill program objectives and 
     meet future pavement technology needs.
       ``(f) Seismic Research Program.--
       ``(1) Establishment.--The Secretary shall establish a 
     program to study the vulnerability of the Federal-aid highway 
     system and other surface transportation systems to seismic 
     activity and to develop and implement cost-effective methods 
     to reduce such vulnerability.
       ``(2) Cooperation with national center for earthquake 
     engineering research.--The Secretary shall conduct the 
     program in cooperation with the National Center for 
     Earthquake Engineering Research at the University of Buffalo.
       ``(3) Cooperation with agencies participating in national 
     earthquake hazards reduction program.--The Secretary shall 
     conduct the program in consultation and cooperation with 
     Federal departments and agencies participating in the 
     National Earthquake Hazards Reduction Program established by 
     section 5 of the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7704) and shall take such actions as may be necessary 
     to ensure that the program is consistent with--
       ``(A) planning and coordination activities of the Director 
     of the Federal Emergency Management Agency under section 
     5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and
       ``(B) the plan developed by the Director of the Federal 
     Emergency Management Agency under section 8(b) of such Act 
     (42 U.S.C. 7705b(b)).
       ``(g) Infrastructure Investment Needs Report.--
       ``(1) 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--
       ``(A) estimates of the future highway and bridge needs of 
     the United States; and
       ``(B) the backlog of current highway and bridge needs.
       ``(2) Comparison with prior reports.--Each report under 
     paragraph (1) shall provide the means, including all 
     necessary information, to relate and compare the conditions 
     and service measures used in the 3 biannual reports published 
     prior to the date of enactment of the Transportation Equity 
     Act for the 21st Century.''.

     SEC. 5103. TECHNOLOGY DEPLOYMENT.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 503. Technology deployment

       ``(a) Technology Deployment Initiatives and Partnerships 
     Program.--
       ``(1) Establishment.--The Secretary shall develop and 
     administer a national technology deployment initiatives and 
     partnerships program.
       ``(2) Purpose.--The purpose of the program shall be to 
     significantly accelerate the adoption of innovative 
     technologies by the surface transportation community.
       ``(3) Deployment goals.--
       ``(A) Establishment.--Not later than 180 days after the 
     date of enactment of this section, the Secretary shall 
     establish not more than 5 deployment goals to carry out 
     paragraph (1).
       ``(B) 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, and sustainability.
       ``(C) 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.
       ``(4) Integration with other programs.--The Secretary shall 
     integrate activities carried out under this subsection with 
     the efforts of the Secretary to disseminate the results of 
     research sponsored by the Secretary and to facilitate 
     technology transfer.
       ``(5) Leveraging of federal resources.--In selecting 
     projects to be carried out under this subsection, the 
     Secretary shall give preference to projects that leverage 
     Federal funds with other significant public or private 
     resources.
       ``(6) 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).
       ``(7) 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--
       ``(A) the testing and evaluation of products of the 
     strategic highway research program;
       ``(B) the further development and implementation of 
     technology in areas such as the Superpave system and the use 
     of lithium salts and other alternatives to prevent and 
     mitigate alkali silica reactivity;
       ``(C) the provision of support for long-term pavement 
     performance product implementation and technology access; and
       ``(D) other activities to achieve the goals established 
     under paragraph (3).
       ``(8) 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.
       ``(9) Allocation.--To the extent appropriate to achieve the 
     goals established under paragraph (3), the Secretary may 
     further allocate funds made available to carry out this 
     section to States for their use.
       ``(b) Innovative Bridge Research and Construction 
     Program.--
       ``(1) 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.
       ``(2) Goals.--The goals of the program shall include--
       ``(A) the development of new, cost-effective innovative 
     material highway bridge applications;
       ``(B) the reduction of maintenance costs and life-cycle 
     costs of bridges, including the costs of new construction, 
     replacement, or rehabilitation of deficient bridges;
       ``(C) the development of construction techniques to 
     increase safety and reduce construction time and traffic 
     congestion;
       ``(D) the development of engineering design criteria for 
     innovative products and materials for use in highway bridges 
     and structures;
       ``(E) the development of cost-effective and innovative 
     techniques to separate vehicle and pedestrian traffic from 
     railroad traffic;
       ``(F) the development of highway bridges and structures 
     that will withstand natural disasters, including alternative 
     processes for the seismic retrofit of bridges; and
       ``(G) the development of new nondestructive bridge 
     evaluation technologies and techniques.
       ``(3) Grants, cooperative agreements, and contracts.--
       ``(A) In general.--Under the program, the Secretary shall 
     make grants to, and enter into cooperative agreements and 
     contracts with--
       ``(i) 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
       ``(ii) States to pay the Federal share of the cost of 
     repair, rehabilitation, replacement, and new construction of 
     bridges or structures that demonstrate the application of 
     innovative materials.
       ``(B) Applications.--To receive a grant under this 
     subsection, an entity described in subparagraph (A) shall 
     submit an application to the Secretary. The application shall 
     be in such form and contain such information as the Secretary 
     may require. The Secretary shall select and approve the 
     applications based on whether the project that is the subject 
     of the grant meets the goals of the program described in 
     paragraph (2).
       ``(4) 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 paragraph (3) is made available to State and local 
     transportation departments and other interested parties as 
     specified by the Secretary.
       ``(5) Federal share.--The Federal share of the cost of a 
     project under this section shall be determined by the 
     Secretary.''.

     SEC. 5104. TRAINING AND EDUCATION.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 504. Training and education

       ``(a) National Highway Institute.--
       ``(1) In general.--The Secretary shall operate in the 
     Federal Highway Administration a National Highway Institute 
     (in this subsection referred to as the `Institute'). The 
     Secretary shall administer, through the Institute, the 
     authority

[[Page H3877]]

     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.
       ``(2) Duties of the 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--
       ``(A) Federal Highway Administration, State, and local 
     transportation agency employees;
       ``(B) regional, State, and metropolitan planning 
     organizations;
       ``(C) State and local police, public safety, and motor 
     vehicle employees; and
       ``(D) United States citizens and foreign nationals engaged 
     or to be engaged in surface transportation work of interest 
     to the United States.
       ``(3) Courses.--The Institute may develop and administer 
     courses in modern developments, techniques, methods, 
     regulations, management, and procedures relating to surface 
     transportation, environmental mitigation and compliance, 
     acquisition of rights-of-way, relocation assistance, 
     engineering, safety, construction, maintenance and 
     operations, contract administration, motor carrier safety 
     activities, inspection, and highway finance.
       ``(4) Set-aside; federal share.--Not to exceed \1/2\ 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 
     salaries) in connection with the education and training of 
     employees of State and local transportation agencies in 
     accordance with this subsection.
       ``(5) 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.
       ``(6) 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.
       ``(7) 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.
       ``(8) Relation to fees.--The funds made available to carry 
     out this subsection may be combined with or held separate 
     from the fees collected under paragraph (7).
       ``(b) Local Technical Assistance Program.--
       ``(1) Authority.--The Secretary shall carry out a local 
     technical assistance program that will provide access to 
     surface transportation 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 to--
       ``(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, concrete 
     structures, 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) develop technical assistance for tourism and 
     recreational travel;
       ``(C) 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;
       ``(D) operate, in cooperation with State transportation 
     departments and universities--
       ``(i) local technical assistance program centers designated 
     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
       ``(E) allow local transportation agencies and tribal 
     governments, in cooperation with the private sector, to 
     enhance new technology implementation.
       ``(c) Research Fellowships.--
       ``(1) General authority.--The Secretary, acting either 
     independently or in cooperation with other Federal 
     departments, agencies, and instrumentalities, may make grants 
     for research fellowships for any purpose for which research 
     is authorized by this chapter.
       ``(2) Dwight david eisenhower transportation fellowship 
     program.--The Secretary shall establish and implement a 
     transportation research fellowship program for the purpose of 
     attracting qualified students to the field of transportation. 
     The program shall be known as the `Dwight David Eisenhower 
     Transportation Fellowship Program'.''.

     SEC. 5105. STATE PLANNING AND RESEARCH.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 505. State planning and research

       ``(a) General Rule.--Two percent of the sums apportioned to 
     a State for fiscal year 1998 and each fiscal year thereafter 
     under section 104 (other than sections 104(f) and 104(h)) and 
     under section 144 shall be available for expenditure by the 
     State, in consultation with the Secretary, only for the 
     following purposes:
       ``(1) Engineering and economic surveys and investigations.
       ``(2) The planning of future highway programs and local 
     public transportation systems and the planning of the 
     financing of such programs and systems, including 
     metropolitan and statewide planning under sections 134 and 
     135.
       ``(3) Development and implementation of management systems 
     under section 303.
       ``(4) Studies of the economy, safety, and convenience of 
     surface transportation systems and the desirable regulation 
     and equitable taxation of such systems.
       ``(5) Research, development, and technology transfer 
     activities necessary in connection with the planning, design, 
     construction, management, and maintenance of highway, 
     public transportation, and intermodal transportation 
     systems.
       ``(6) Study, research, and training on the engineering 
     standards and construction materials for transportation 
     systems described in paragraph (5), including the evaluation 
     and accreditation of inspection and testing and the 
     regulation and taxation of their use.
       ``(b) Minimum Expenditures on Research, Development, and 
     Technology Transfer Activities.--
       ``(1) In general.--Subject to paragraph (2), not less than 
     25 percent of the funds subject to subsection (a) that are 
     apportioned to a State for a fiscal year shall be expended by 
     the State for research, development, and technology transfer 
     activities described in subsection (a), relating to highway, 
     public transportation, and intermodal transportation systems.
       ``(2) Waivers.--The Secretary may waive the application of 
     paragraph (1) with respect to a State for a fiscal year if 
     the State certifies to the Secretary for the fiscal year that 
     total expenditures by the State for transportation planning 
     under sections 134 and 135 will exceed 75 percent of the 
     funds described in paragraph (1) and the Secretary accepts 
     such certification.
       ``(3) Nonapplicability of 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 carried out using funds subject to 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 Sums.--Funds subject to subsection 
     (a) shall be combined and administered by the Secretary as a 
     single fund and shall be available for obligation for the 
     same period as funds apportioned under section 104(b)(1).''.

     SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH 
                   PROGRAM.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

[[Page H3878]]

     ``Sec. 506. International highway transportation outreach 
       program

       ``(a) Establishment.--The Secretary may establish an 
     international highway transportation outreach program--
       ``(1) to inform the United States highway community of 
     technological innovations in foreign countries that could 
     significantly improve highway transportation in the United 
     States;
       ``(2) to promote United States highway transportation 
     expertise, goods, and services in foreign countries; and
       ``(3) to increase transfers of United States highway 
     transportation technology to foreign countries.
       ``(b) Activities.--Activities carried out under the program 
     may include--
       ``(1) development, monitoring, assessment, and 
     dissemination in the United States of information about 
     highway transportation innovations in foreign countries that 
     could significantly improve highway transportation in the 
     United States;
       ``(2) research, development, demonstration, training, and 
     other forms of technology transfer and exchange;
       ``(3) informing foreign countries about the technical 
     quality of United States highway transportation goods and 
     services through participation in trade shows, seminars, 
     expositions, and other such activities;
       ``(4) offering technical services of the Federal Highway 
     Administration that cannot be readily obtained from United 
     States private sector firms to be incorporated into the 
     proposals of United States private sector firms undertaking 
     highway transportation projects outside the United States if 
     the costs of such services will be recovered under the terms 
     of the project;
       ``(5) conducting studies to assess the need for or 
     feasibility of highway transportation improvements in 
     countries that are not members of the Organization for 
     Economic Cooperation and Development, as of December 18, 
     1991, and in Greece and Turkey; and
       ``(6) gathering and disseminating information on foreign 
     transportation markets and industries.
       ``(c) Cooperation.--The Secretary may carry out this 
     section in cooperation with any appropriate Federal agency, 
     State or local agency, authority, association, institution, 
     corporation (profit or nonprofit), foreign government, 
     multinational institution, or other organization or person.
       ``(d) Funds.--
       ``(1) Contributions.--Funds available to carry out this 
     section shall include funds deposited by any cooperating 
     organization or person into a special account of the Treasury 
     established for this purpose.
       ``(2) Eligible uses of funds.--The funds deposited into the 
     account and other funds available to carry out this section 
     shall be available to cover the cost of any activity eligible 
     under this section, including the cost of promotional 
     materials, travel, reception and representation expenses, and 
     salaries and benefits.
       ``(3) Reimbursements for salaries and benefits.--
     Reimbursements for salaries and benefits of Department of 
     Transportation employees providing services under this 
     section shall be credited to the account.
       ``(e) 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).''.

     SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE 
                   RESEARCH PROGRAM.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 507. Surface transportation-environment cooperative 
       research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a surface transportation-environment cooperative research 
     program.
       ``(b) Contents.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to develop more accurate models for evaluating 
     transportation control measures and transportation system 
     designs that are appropriate for use by State and local 
     governments, including metropolitan planning organizations, 
     in designing implementation plans to meet Federal, State, and 
     local environmental requirements;
       ``(2) to improve understanding of the factors that 
     contribute to the demand for transportation, including 
     transportation system design, demographic change, land use 
     planning, and communications and other information 
     technologies;
       ``(3) to develop indicators of economic, social, and 
     environmental performance of transportation systems to 
     facilitate analysis of potential alternatives;
       ``(4) to study the relationship between highway density and 
     ecosystem integrity, including the impacts of highway density 
     on habitat integrity and overall ecosystem health, and 
     develop a rapid assessment methodology for use by 
     transportation and regulatory agencies in determining the 
     relationship between highway density and ecosystem integrity; 
     and
       ``(5) to meet additional priorities as determined by the 
     advisory board established under subsection (c), including 
     recommendations of the National Research Council in the 
     report entitled `Environmental Research Needs in 
     Transportation'.
       ``(c) Advisory Board.--
       ``(1) Establishment.--In consultation with the Secretary of 
     Energy, the Administrator of the Environmental Protection 
     Agency, and the heads of other appropriate Federal 
     departments and agencies, 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.
       ``(d) National Academy of Sciences.--The Secretary may make 
     grants to, and enter into cooperative agreements with, the 
     National Academy of Sciences to carry out such activities 
     relating to the research, technology, and technology transfer 
     activities described in subsection (b) as the Secretary 
     determines appropriate.''.

     SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC 
                   PLANNING.

       Chapter 5 of title 23, United States Code (as added by 
     section 5101 of this title), is amended by adding at the end 
     the following:

     ``Sec. 508. Surface transportation research strategic 
       planning

       ``(a) In General.--The Secretary shall--
       ``(1) establish a strategic planning process, consistent 
     with section 306 of title 5 for the Department of 
     Transportation to determine national transportation research 
     and technology development priorities related to surface 
     transportation;
       ``(2) coordinate Federal surface transportation research 
     and technology development activities;
       ``(3) measure the results of those activities and how they 
     impact the performance of the surface transportation systems 
     of the United States; and
       ``(4) ensure that planning and reporting activities carried 
     out under this section are coordinated with all other surface 
     transportation planning and reporting requirements.
       ``(b) Implementation.--The Secretary shall--
       ``(1) provide for the integrated planning, coordination, 
     and consultation among the operating administrations of the 
     Department of Transportation, all other Federal agencies with 
     responsibility for surface transportation research and 
     technology development, State and local governments, 
     institutions of higher education, industry, and other private 
     and public sector organizations engaged in surface 
     transportation-related research and development activities;
       ``(2) ensure that the surface transportation research and 
     technology development programs of the Department do not 
     duplicate other Federal, State, or private sector research 
     and development programs; and
       ``(3) provide for independent validation of the scientific 
     and technical assumptions underlying the surface 
     transportation research and technology development programs 
     of the Department.
       ``(c) Surface Transportation Research and Technology 
     Development Strategic Plan.--
       ``(1) Development.--The Secretary shall develop an 
     integrated surface transportation research and technology 
     development strategic plan.
       ``(2) Contents.--The plan shall include--
       ``(A) an identification of the general goals and objectives 
     of the Department of Transportation for surface 
     transportation research and development;
       ``(B) a description of the roles of the Department and 
     other Federal agencies in achieving the goals identified 
     under subparagraph (A), in order to avoid unnecessary 
     duplication of effort;
       ``(C) a description of the overall strategy of the 
     Department, and the role of each of the operating 
     administrations of the Department, in carrying out the plan 
     over the next 5 years, including a description of procedures 
     for coordination of the efforts of the Secretary with the 
     efforts of the operating administrations of the Department 
     and other Federal agencies;
       ``(D) an assessment of how State and local research and 
     technology development activities are contributing to the 
     achievement of the goals identified under subparagraph (A);
       ``(E) details of the surface transportation research and 
     technology development programs of the Department, including 
     performance goals, resources needed to achieve those goals, 
     and performance indicators as described in section 1115(a) of 
     title 31, United States Code, for the next 5 years for each 
     area of research and technology development;
       ``(F) significant comments on the plan obtained from 
     outside sources; and
       ``(G) responses to significant comments obtained from the 
     National Research Council and other advisory bodies, and a 
     description of any corrective actions taken pursuant to such 
     comments.
       ``(3) National research council review.--The Secretary 
     shall enter into an agreement for the review by the National 
     Research Council of the details of each--
       ``(A) strategic plan or revision required under section 306 
     of title 5;
       ``(B) performance plan required under section 1115 of title 
     31; and
       ``(C) program performance report required under section 
     1116,
     with respect to surface transportation research and 
     technology development.
       ``(4) Performance plans and reports.--In reports submitted 
     under sections 1115 and 1116 of title 31, the Secretary shall 
     include--
       ``(A) a summary of the results for the previous fiscal year 
     of surface transportation research and technology development 
     programs to which the Department of Transportation 
     contributes, along with--
       ``(i) an analysis of the relationship between those results 
     and the goals identified under paragraph (2)(A); and
       ``(ii) a description of the methodology used for assessing 
     the results; and
       ``(B) a description of significant surface transportation 
     research and technology development

[[Page H3879]]

     initiatives, if any, undertaken during the previous fiscal 
     year that were not in the plan developed under paragraph (1), 
     and any significant changes in the plan from the previous 
     year's plan.
       ``(d) Merit Review and Performance Measurement.--Not later 
     than 1 year after the date of enactment of this section, the 
     Secretary shall transmit to Congress a report describing 
     competitive merit review procedures for use in selecting 
     grantees and contractors in the programs covered by the plan 
     developed under subsection (c) and performance measurement 
     procedures for evaluating the programs.
       ``(e) Procurement Procedures.--The Secretary shall--
       ``(1) develop model procurement procedures that encourage 
     the use of advanced technologies; and
       ``(2) develop model transactions for carrying out and 
     coordinating Federal and State surface transportation 
     research and technology development activities.
       ``(f) Consistency With Government Performance and Results 
     Act of 1993.--The plans and reports developed under this 
     section shall be consistent with and incorporated as part of 
     the plans developed under section 306 of title 5 and sections 
     1115 and 1116 of title 31.''.

     SEC. 5109. 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 (107 Stat. 285 
     et seq.) and the amendments made by such 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, and the amendments made by such 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) Intermodal 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 Director 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 Director to make statistics readily accessible 
     under subsection (c)(5).
       ``(3) Coordination.--The Director 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.--
       ``(1) In general.--The Secretary may make grants to, or 
     enter into cooperative agreements or contracts with, public 
     and nonprofit private entities (including State 
     transportation departments, metropolitan planning 
     organizations, and institutions of higher education) for--
       ``(A) 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;
       ``(B) development of electronic clearinghouses of 
     transportation data and related information, as part of the 
     National Transportation Library under subsection (e); and
       ``(C) 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.
       ``(2) Limitation.--Not more than $500,000 of the amounts 
     made available to carry out this section in a fiscal year may 
     be used to carry out this subsection.'';
       (6) by striking subsection (i) (as redesignated by 
     paragraph (3) of this subsection) 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 
     reports that permit 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) of 
     this subsection) by striking ``On or before January 1, 1994, 
     and annually thereafter, the'' and inserting ``The''; and
       (8) by adding at the end the following:
       ``(k) Proceeds of Data Product Sales.--Notwithstanding 
     section 3302 of title 31, United States Code, funds received 
     by the Bureau 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.''.
       (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. 5110. UNIVERSITY TRANSPORTATION RESEARCH.

       (a) In General.--Subchapter I of chapter 55 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5505. University transportation research

       ``(a) Regional Centers.--The Secretary of Transportation 
     shall make grants to nonprofit institutions of higher 
     learning to establish and operate 1 university transportation 
     center in each of the 10 United States Government regions 
     that comprise the Standard Federal Regional Boundary System.
       ``(b) Other Centers.--The Secretary shall make grants to 
     nonprofit institutions of higher learning to establish and 
     operate university transportation centers, in addition to the 
     centers receiving grants under subsection (a), to address 
     transportation management and research and development 
     matters, with special attention to increasing the number of 
     highly skilled individuals entering the field of 
     transportation.
       ``(c) Selection of Grant Recipients.--

[[Page H3880]]

       ``(1) Applications.--In order to be eligible to receive a 
     grant under this section, a nonprofit institution of higher 
     learning shall submit to the Secretary an application that is 
     in such form and contains such information as the Secretary 
     may require.
       ``(2) Selection criteria.--Except as otherwise provided by 
     this section, the Secretary shall select each recipient of a 
     grant under this section through a competitive process on the 
     basis of the following:
       ``(A) For regional centers, the location of the center 
     within the Federal region to be served.
       ``(B) The demonstrated research and extension resources 
     available to the recipient to carry out this section.
       ``(C) The capability of the recipient to provide leadership 
     in making national and regional contributions to the solution 
     of immediate and long-range transportation problems.
       ``(D) The recipient's establishment of a surface 
     transportation program encompassing several modes of 
     transportation.
       ``(E) The recipient's demonstrated commitment of at least 
     $200,000 in regularly budgeted institutional amounts each 
     year to support ongoing transportation research and education 
     programs.
       ``(F) The recipient's demonstrated ability to disseminate 
     results of transportation research and education programs 
     through a statewide or regionwide continuing education 
     program.
       ``(G) The strategic plan the recipient proposes to carry 
     out under the grant.
       ``(d) Objectives.--Each university transportation center 
     receiving a grant under this section shall conduct the 
     following programs and activities:
       ``(1) Basic and applied research, the products of which are 
     judged by peers or other experts in the field to advance the 
     body of knowledge in transportation.
       ``(2) An education program that includes multidisciplinary 
     course work and participation in research.
       ``(3) An ongoing program of technology transfer that makes 
     research results available to potential users in a form that 
     can be implemented, utilized, or otherwise applied.
       ``(e) Maintenance of Effort.--In order to be eligible to 
     receive a grant under this section, a recipient shall enter 
     into an agreement with the Secretary to ensure that the 
     recipient will maintain total expenditures from all other 
     sources to establish and operate a university transportation 
     center and related research activities at a level at least 
     equal to the average level of such expenditures in its 2 
     fiscal years prior to award of a grant under this section.
       ``(f) Federal Share.--The Federal share of the costs of 
     activities carried out using a grant made under this section 
     is 50 percent of costs. The non-Federal share may include 
     funds provided to a recipient under section 503, 504(b), or 
     505 of title 23, United States Code.
       ``(g) Program Coordination.--
       ``(1) Coordination.--The Secretary shall coordinate the 
     research, education, training, and technology transfer 
     activities that grant recipients carry out under this 
     section, disseminate the results of the research, and 
     establish and operate a clearinghouse.
       ``(2) Annual review and evaluation.--At least annually and 
     consistent with the plan developed under section 5506, the 
     Secretary shall review and evaluate programs the grant 
     recipients carry out.
       ``(3) Funding limitation.--The Secretary may use not more 
     than 1 percent of amounts made available from Government 
     sources to carry out this subsection.
       ``(h) Limitation on Availability of Funds.--Funds made 
     available to carry out this program shall remain available 
     for obligation for a period of 2 years after the last day of 
     the fiscal year for which such funds are authorized.
       ``(i) Number and Amount of Grants.--
       ``(1) Fiscal years 1998 and 1999.--For each of fiscal years 
     1998 and 1999, the Secretary shall make the following grants 
     under this section:
       ``(A) Group a.--The Secretary shall make a grant in the 
     amount of $1,000,000 to each of the institutions in group A.
       ``(B) Group b.--The Secretary shall make a grant in the 
     amount of $300,000 to each of the institutions in group B.
       ``(C) Group c.--The Secretary shall make a grant in the 
     amount of $750,000 to each of the institutions in group C.
       ``(D) Group d.--The Secretary shall make a grant in the 
     amount of $2,000,000 to each of the institutions in group D.
       ``(2) Fiscal years 2000 and 2001.--For each of fiscal years 
     2000 and 2001, the Secretary shall make the following grants 
     under this section:
       ``(A) Group a.--The Secretary shall make a grant in the 
     amount of $1,000,000 to each of the institutions in group A.
       ``(B) Group b.--The Secretary shall make a grant in the 
     amount of $500,000 to 8 of the institutions in group B.
       ``(C) Group c.--The Secretary shall make a grant in the 
     amount of $750,000 to each of the institutions in group C.
       ``(D) Group d.--The Secretary shall make a grant in the 
     amount of $2,000,000 to each of the institutions in group D.
       ``(3) Fiscal years 2002 and 2003.--For each of fiscal years 
     2002 and 2003, the Secretary shall make the following grants 
     under this section:
       ``(A) Group a.--The Secretary shall make a grant in the 
     amount of $1,000,000 to each of the institutions in group A.
       ``(B) Groups b and c.--The Secretary shall make a grant in 
     the amount of $1,000,000 to 10 of the institutions in groups 
     B and C that received grants under this section in fiscal 
     years 2000 and 2001.
       ``(C) Group d.--The Secretary shall make a grant in the 
     amount of $2,000,000 to each of the institutions in group D.
       ``(j) Identification of Groups.--For the purpose of making 
     grants this section, the following groups are identified:
       ``(1) Group a.--Group A shall consist of the 10 regional 
     centers selected under subsection (a).
       ``(2) Group b.--Group B shall consist of the following:
       ``(A) The University of Denver and Mississippi State 
     University.
       ``(B) The University of Central Florida.
       ``(C) University of Southern California and California 
     State University at Long Beach.
       ``(D) Rutgers University.
       ``(E) University of Missouri at Rolla.
       ``(F) South Carolina State University.
       ``(G) Joseph P. Kennedy Science and Technology Center, 
     Assumption College, Massachusetts.
       ``(H) Purdue University.
       ``(3) Group c.--Group C shall consist of the following:
       ``(A) University of Arkansas.
       ``(B) New Jersey Institute of Technology.
       ``(C) University of Idaho.
       ``(D) The University of Alabama.
       ``(E) Morgan State University.
       ``(F) North Carolina State University.
       ``(G) San Jose State University.
       ``(H) University of South Florida.
       ``(I) North Carolina A. and T. State University.
       ``(4) Group d.--Group D shall consist of the following:
       ``(A) University of Minnesota.
       ``(B) Marshall University, West Virginia, on behalf of a 
     consortium of West Virginia colleges and universities.
       ``(C) George Mason University, along with the University of 
     Virginia and Virginia Tech University.
       ``(D) Western Transportation Institute.
       ``(E) Rhode Island Transportation Research Center.
       ``(F) Northwestern University.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 55 of title 49, United States Code, is amended by 
     inserting after the item relating to section 5504 the 
     following:

``5505. University transportation research.''.
       (c) Repeals.--Section 5316 and 5317 of title 49, United 
     States Code, and the items relating to such sections in the 
     analysis for chapter 53 of such title, are repealed.

     SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

       (a) In General.--Subchapter I of chapter 55 of subtitle I 
     of title 49, United States Code (as amended by section 5110 
     of this Act), is amended by adding at the end the following:

     ``Sec. 5506. 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, safe, 
     and cost-effective national transportation system.
       ``(b) Definition of Eligible Consortium.--In this section, 
     the term `eligible consortium' means a consortium that 
     receives funding under the Department of Defense 
     Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 
     1876), and that comprises 2 or more of the following 
     entities:
       ``(1) Businesses incorporated in the United States.
       ``(2) Public or private educational or research 
     organizations located in the United States.
       ``(3) Entities of State or local governments in the United 
     States.
       ``(4) Federal laboratories.
       ``(c) Program.--The Secretary shall enter into contracts, 
     cooperative agreements, and other transactions as authorized 
     by section 2371 of title 10 with, and make grants to, 
     eligible consortia to promote the development and deployment 
     of innovation in transportation technology services, 
     management, and operational practices.
       ``(d) Eligibility Criteria.--To be eligible to receive 
     assistance under this section, an eligible consortium shall--
       ``(1) for a period of not less than the 3 years preceding 
     the date of a contract, cooperative agreement, or other 
     transaction, be organized on a statewide or multistate basis 
     for the purpose of designing, developing, and deploying 
     transportation technologies that address identified 
     technological impediments in the transportation field;
       ``(2) facilitate the participation in the consortium of 
     small- and medium-sized businesses, utilities, public 
     laboratories and universities, and other relevant entities;
       ``(3) be actively engaged in transportation technology 
     projects that address compliance in 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 1999 through 2003, to remain available until expended.

[[Page H3881]]

       ``(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 chapter 55 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5505 the following:

``5506. Advanced vehicle technologies program.''.

     SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH 
                   PROGRAM.

       (a) Study.--Not later than 120 days after the date of 
     enactment of this Act, 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 (in this section referred to 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 Act), or a 
     similar effort.
       (b) 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 appropriate to the conduct of the study.
       (c) 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. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL 
                   INFORMATION TECHNOLOGIES.

       (a) In General.--The Secretary shall establish and carry 
     out a program to validate commercial remote sensing products 
     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 enactment of this Act, the Secretary shall establish a 
     national policy for the use of commercial remote sensing 
     products 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 commercial remote sensing products and 
     spatial information technologies for the implementation of 
     the national policy.
       (c) Cooperation.--The Secretary shall carry out this 
     section in cooperation with the Commercial Remote Sensing 
     Program of the National Aeronautics and Space Administration 
     and a consortium of university research centers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 1999 through 2004.

     SEC. 5114. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

       With the year 2000 fast approaching, it is the sense of 
     Congress that the Secretary should--
       (1) give high priority to correcting all 2-digit date-
     related problems in computer systems of the Department of 
     Transportation to ensure that the systems continue to operate 
     effectively in the year 2000 and thereafter;
       (2) assess immediately the extent of the risk to the 
     operations of the Department of Transportation posed by the 
     problems referred to in paragraph (1), and plan and budget 
     for achieving year 2000 compliance for all mission-critical 
     systems of the Department; and
       (3) develop contingency plans for those systems that the 
     Secretary of Transportation is unable to correct in time.

     SEC. 5115. INTERNATIONAL TRADE TRAFFIC.

       (a) Study.--The Director shall carry out a study--
       (1) to measure the ton-miles and value-miles of 
     international trade traffic carried by highway for each 
     State;
       (2) to evaluate the accuracy and reliability of such 
     measures for use in the formula for highway apportionments;
       (3) to evaluate the accuracy and reliability of the use of 
     diesel fuel data as a measure of international trade traffic 
     by State; and
       (4) 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.
       (b) 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.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act, 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.

     SEC. 5116. UNIVERSITY GRANTS.

       (a) Seismic Research, University of California at San 
     Diego.--
       (1) Grants.--The Secretary shall make grants to the 
     University of California at San Diego to upgrade earthquake 
     simulation facilities at the University.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(1) of this Act, $1,000,000 for each of fiscal years 
     1999 through 2002 shall be available to carry out this 
     subsection.
       (b) Global Climate Research, University of Alabama at 
     Huntsville.--
       (1) Grants.--The Secretary shall make grants to the 
     University of Alabama at Huntsville for global climate 
     research.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(1) of this Act, $200,000 for each of fiscal years 
     1999 through 2003 shall be available to carry out this 
     subsection.
       (c) Asphalt Research, Auburn University.--
       (1) Grants.--The Secretary shall make grants to Auburn 
     University for asphalt research.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(1) of this Act, $250,000 for each of fiscal years 
     1999 and 2000 shall be available to carry out this 
     subsection.
       (d) Advanced Vehicle Research, University of Alabama at 
     Tuscaloosa.--
       (1) Grants.--The Secretary shall make grants to the 
     University of Alabama at Tuscaloosa for advanced vehicle 
     research, including the study of fuel cell and electric 
     vehicle technology.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $400,000 for each of fiscal years 
     1999 through 2003 shall be available to carry out this 
     subsection.
       (e) Geothermal Heat Pump Smart Bridge Program, Oklahoma 
     State University.--
       (1) Grants.--The Secretary shall make grants to Oklahoma 
     State University for the purposes of research, development, 
     and field testing of the Geothermal Heat Pump Smart Bridge 
     Program.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, 
     $1,000,000 for fiscal year 2000, and $500,000 for fiscal year 
     2001 shall be available to carry out this subsection.
       (f) Intelligent Stiffener for Bridge Stress Reduction, 
     University of Oklahoma.--
       (1) Grants.--The Secretary shall make grants to the 
     University of Oklahoma, College of Engineering, Center for 
     Structural Control, for the purposes of research, 
     development, and field testing of the Intelligent Stiffener 
     for Bridge Stress Reduction.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, 
     $1,000,000 for fiscal year 2000, $1,000,000 for fiscal year 
     2001, and $500,000 for fiscal year 2002 shall be available to 
     carry out this subsection.
       (g) Study of Advanced Trauma Care, University of Alabama at 
     Birmingham.--
       (1) Grants.--The Secretary shall make grants to the 
     University of Alabama at Birmingham for the study of advanced 
     trauma care.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $750,000 for each of fiscal years 
     1999 through 2003 shall be available to carry out this 
     subsection.
       (h) Center for Transportation Injury Research.--
       (1) Grants.--The Secretary shall make grants to establish 
     and maintain a center for transportation injury research at 
     the Calspan University of Buffalo Research Center affiliated 
     with the State University of New York at Buffalo.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $2,000,000 for each of fiscal years 
     1998 through 2003 shall be available to carry out this 
     subsection.
       (i) Head and Spinal Cord Injury Research.--
       (1) Grants.--The Secretary shall make grants to the 
     Neuroscience Center for Excellence at Louisiana State 
     University and the Virginia Transportation Research Institute 
     at George Washington University for research and technology 
     development for preventing and minimizing head and spinal 
     cord injuries relating to automobile accidents.
       (2) Funding.--Of the amounts made available under section 
     5001(a)(2) of this Act, $500,000 for each of fiscal years 
     1999 through 2003 shall be available to carry out this 
     subsection.

     SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND 
                   DEMONSTRATION PROGRAM.

       (a) In General.--The Secretary shall carry out a 
     transportation technology innovation and demonstration 
     program in accordance with the requirements of this section.
       (b) Contents of Program.--
       (1) Motor vehicle safety warning system.--
       (A) In general.--The Secretary shall expand and continue 
     the study authorized by section 358(c) of the National 
     Highway System Designation Act of 1995 (23 U.S.C. 401 note; 
     109 Stat. 625) relating to the development of a motor vehicle 
     safety warning system and shall conduct tests of such system.
       (B) Grants.--In carrying out this paragraph, the Secretary 
     may make grants to State and local governments.
       (C) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2000 by section 5001(a)(2) of this 
     Act, $700,000 per fiscal year shall be available to carry out 
     this paragraph.
       (2) Motor carrier advanced sensor control system.--
       (A) In general.--The Secretary shall conduct research on 
     the deployment of a system of advanced sensors and signal 
     processors in trucks and tractor trailers to determine axle 
     and wheel alignment, monitor collision alarm, check tire 
     pressure and tire balance conditions, measure and detect load 
     distribution in the vehicle, and monitor and adjust automatic 
     braking systems.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(2) of this 
     Act, $700,000 per fiscal year shall be available to carry out 
     this paragraph.
       (3) Intelligent transportation infrastructure.--

[[Page H3882]]

       (A) In general.--The Secretary shall carry out a program to 
     advance the deployment of an operational intelligent 
     transportation infrastructure system for the measurement of 
     various transportation system activities to aid in the 
     transportation planning and analysis while making a 
     significant contribution to the ITS program under this title. 
     This program shall be initiated in the 2 largest metropolitan 
     areas in the State of Pennsylvania. The program may locate 
     its database at the facility authorized under paragraph (6).
       (B) Description.--The program under this section shall meet 
     the following objectives:
       (i) Build an infrastructure of the measurement of various 
     transportation system metrics to aid in planning, analysis, 
     and maintenance of the Department of Transportation, 
     including the buildout, maintenance, and operation of greater 
     than 40 metropolitan area systems with a cost not to exceed 
     $2,000,000 per metropolitan area. For the purposes of this 
     demonstration initiative, a metropolitan area is defined as 
     any area that has a population exceeding 300,000 and that 
     meets several of the criteria established by the Secretary in 
     conjunction with the intelligent vehicle highway systems 
     corridors program.
       (ii) Provide private technology commercialization 
     initiatives to generate revenues which will be shared with 
     local Department of Transportations.
       (iii) Collect data primarily through wireless transmission 
     along with some shared wide area networks.
       (iv) Aggregate data into reports for multipoint data 
     distribution techniques.
       (v) Utilize an advanced information system designed and 
     monitored by an entity with experience with the Department of 
     Transportation in the design and monitoring of high 
     reliability, mission critical voice and data systems.
       (C) Eligibility.--In addition to the amounts made available 
     under subparagraph (D), the program authorized under this 
     paragraph shall be eligible for funding under sections 5207 
     and 5208 of this Act.
       (D) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(2) of this 
     Act, $1,700,000 per fiscal year shall be available to carry 
     out this paragraph.
       (E) Federal share.--The Federal share of the cost of a 
     program carried out under this paragraph shall be 80 percent 
     of the cost of such program.
       (4) Corrosion control and prevention.--
       (A) In general.--The Secretary shall make a grant to 
     conduct a study on the costs and benefits of corrosion 
     control and prevention. The study shall be conducted in 
     conjunction with an interdisciplinary team of experts from 
     the fields of metallurgy, chemistry, economics, and others, 
     as appropriate. Not later than September 30, 2001, the 
     Secretary shall submit to Congress a report on the study 
     results, together with any recommendations.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1999 and 2000 by section 5001(a)(1) of this Act, 
     $500,000 per fiscal year shall be available to carry out this 
     paragraph.
       (5) Fundamental properties of asphalts and modified 
     asphalts.--
       (A) In general.--The Secretary shall continue to carry out 
     section 6016 of the Intermodal Surface Transportation 
     Efficiency Act of 1991. Additional areas of the program under 
     such section shall be asphalt-water interaction studies and 
     asphalt-aggregate thin film behavior studies.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1999 through 2003 by section 5001(a)(1) of this 
     Act, $3,000,000 per fiscal year shall be available to carry 
     out this paragraph.
       (6) Advanced Traffic Monitoring and Response Center.--
       (A) In general.--The Secretary shall make grants to the 
     Pennsylvania Transportation Institute, in conjunction with 
     the Pennsylvania Turnpike Commission, to establish an 
     advanced traffic monitoring and emergency response center at 
     Letterkenny Army Depot in Chambersburg, Pennsylvania. The 
     center shall help develop and coordinate traffic monitoring 
     and ITS systems on portions of the Pennsylvania Turnpike 
     system and I-81, coordinate emergency response with State and 
     local governments in the Central Pennsylvania Region and 
     conduct research on emergency response and prototype trauma 
     response.
       (B) Funding.--
       (i) Eligibility under section 5208.--The center established 
     under this paragraph shall be eligible for funding under 
     section 5208 of this Act.
       (ii) Allocation.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(2) of this 
     Act, $1,667,000 per fiscal year shall be available to carry 
     out this paragraph.
       (7) Transportation economic and land use system.--
       (A) In general.--The Secretary shall continue development 
     and deployment through the New Jersey Institute of Technology 
     to metropolitan planning organizations of the Transportation 
     Economic and Land Use System.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(2) of this 
     Act, $1,000,000 per fiscal year shall be available to carry 
     out this paragraph.
       (8) 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 paragraph as the ``Center'').
       (B) Activities.--
       (i) In general.--The Center shall--

       (I) 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;
       (II) 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;
       (III) 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
       (IV) 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.

       (ii) Sites and projects under actual field conditions.--In 
     carrying out clause (i)(III), the Secretary may authorize the 
     Center to--

       (I) use test sites and demonstration projects under actual 
     field conditions to develop appropriate performance data; and
       (II) develop appropriate tests and guidelines to ensure 
     correct use of recycled and secondary materials in 
     transportation infrastructure construction.

       (C) Review and Evaluation.--
       (i) In general.--Not less often than every 2 years, the 
     Secretary shall review and evaluate the program carried out 
     by the Center.
       (ii) Notification of deficiencies.--In carrying out clause 
     (i), if the Secretary determines that the Center is deficient 
     in carrying out subparagraph (B), the Secretary shall notify 
     the Center of each deficiency and recommend specific measures 
     to address the deficiency.
       (iii) Disqualification.--If, after the end of the 180-day 
     period that begins on the date of notification to the Center 
     under clause (ii), the Secretary determines that the Center 
     has not corrected each deficiency identified under clause 
     (ii), 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 the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(1) of this 
     Act, $1,500,000 per fiscal year shall be available to carry 
     out this paragraph.

     SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE 
                   INSTITUTE.

       (a) In General.--The Secretary, in cooperation with the 
     State of Pennsylvania, shall establish the Intelligent 
     Infrastructure Institute at Drexel University, Pennsylvania. 
     The Institute shall conduct research, training, technology 
     transfer, construction, maintenance, and other activities to 
     advance infrastructure research.
       (b) Funding.--The amounts made available by the item 
     numbered 315 in the table contained in section 1602 of this 
     Act shall be available to carry out this section.
       (c) Authorization.--There is authorized to be appropriated 
     $10,000,000 to carry out subsection (a).
       (d) Facility.--Funds made available to carry out this 
     section may be used to construct a building to house the 
     Institute.

     SEC. 5119. CONFORMING AMENDMENTS.

       (a) Section 204(b) of title 23, United States Code, is 
     amended in the last sentence by striking ``326'' and 
     inserting ``504(b)''.
       (b) Sections 307, 321, 325, and 326 of title 23, United 
     States Code, are repealed.
       (c) The analysis for chapter 3 of title 23, United States 
     Code, is amended by striking the items relating to sections 
     307, 321, 325, and 326.
       (d) Section 115(a)(1)(A)(i) of title 23, United States 
     Code, is amended by striking ``or 307'' and inserting ``or 
     505''.
       (e) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 307(a),'' and inserting 
     ``section 502,''.
       (f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note; 
     80 Stat. 735) is amended in the third sentence by striking 
     ``sections 307 and 403 of title 23, United States Code,'' and 
     inserting ``section 403 and chapter 5 of title 23, United 
     States Code,''.

             Subtitle C--Intelligent Transportation Systems

     SEC. 5201. SHORT TITLE.

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

     SEC. 5202. FINDINGS.

       Congress finds that--
       (1) investments authorized by the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1914 et 
     seq.) have demonstrated that intelligent transportation 
     systems can mitigate surface transportation problems in a 
     cost-effective manner; and
       (2) continued investment in architecture and standards 
     development, research, and systems integration is needed to 
     accelerate the rate at which intelligent transportation 
     systems are incorporated into the national surface 
     transportation network, thereby improving transportation 
     safety and efficiency and reducing costs and negative impacts 
     on communities and the environment.

     SEC. 5203. GOALS AND PURPOSES.

       (a) Goals.--The goals of the intelligent transportation 
     system program include--
       (1) enhancement of surface transportation efficiency and 
     facilitation of intermodalism and international trade to 
     enable existing facilities to meet a significant portion of 
     future transportation needs, including public access to 
     employment, goods, and services, and to reduce regulatory, 
     financial, and other transaction costs to public agencies and 
     system users;

[[Page H3883]]

       (2) achievement of national transportation safety goals, 
     including the enhancement of safe operation of motor vehicles 
     and nonmotorized vehicles, with particular emphasis on 
     decreasing the number and severity of collisions;
       (3) protection and enhancement of the natural environment 
     and communities affected by surface transportation, with 
     particular emphasis on assisting State and local governments 
     to achieve national environmental goals;
       (4) accommodation of the needs of all users of surface 
     transportation systems, including operators of commercial 
     vehicles, passenger vehicles, and motorcycles, and including 
     individuals with disabilities; and
       (5) improvement of the Nation's ability to respond to 
     emergencies and natural disasters and enhancement of national 
     defense mobility.
       (b) Purposes.--The Secretary shall implement activities 
     under the intelligent system transportation program to, at a 
     minimum--
       (1) expedite, in both metropolitan and rural areas, 
     deployment and integration of intelligent transportation 
     systems for consumers of passenger and freight 
     transportation;
       (2) ensure that Federal, State, and local transportation 
     officials have adequate knowledge of intelligent 
     transportation systems for full consideration in the 
     transportation planning process;
       (3) improve regional cooperation and operations planning 
     for effective intelligent transportation system deployment;
       (4) promote the innovative use of private resources;
       (5) develop a workforce capable of developing, operating, 
     and maintaining intelligent transportation systems; and
       (6) complete deployment of Commercial Vehicle Information 
     Systems and Networks in a majority of States by September 30, 
     2003.

     SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.

       (a) Scope.--Subject to the provisions of this subtitle, the 
     Secretary shall conduct an ongoing intelligent transportation 
     system program to research, develop, and operationally test 
     intelligent transportation systems and advance nationwide 
     deployment of such systems as a component of the surface 
     transportation systems of the United States.
       (b) Policy.--Intelligent transportation system operational 
     tests and deployment projects funded pursuant to this 
     subtitle shall encourage and not displace public-private 
     partnerships or private sector investment in such tests and 
     projects.
       (c) Cooperation With Governmental, Private, and Educational 
     Entities.--The Secretary shall carry out the intelligent 
     transportation system program in cooperation with State and 
     local governments and other public entities, the United 
     States private sector, the Federal laboratories, and colleges 
     and universities, including historically black colleges and 
     universities and other minority institutions of higher 
     education.
       (d) Consultation With Federal Officials.--In carrying out 
     the intelligent transportation system program, the Secretary, 
     as appropriate, shall consult with the Secretary of Commerce, 
     the Secretary of the Treasury, the Administrator of the 
     Environmental Protection Agency, the Director of the National 
     Science Foundation, and the heads of other Federal 
     departments and agencies.
       (e) Technical Assistance, Training, and Information.--The 
     Secretary may provide technical assistance, training, and 
     information to State and local governments seeking to 
     implement, operate, maintain, or evaluate intelligent 
     transportation system technologies and services.
       (f) Transportation Planning.--The Secretary may provide 
     funding to support adequate consideration of transportation 
     system management and operations, including intelligent 
     transportation systems, within metropolitan and statewide 
     transportation planning processes.
       (g) 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 subtitle; 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.
       (h) Advisory Committees.--
       (1) In general.--In carrying out this subtitle, the 
     Secretary may use 1 or more advisory committees.
       (2) 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.).
       (i) Procurement Methods.--
       (1) Technical assistance.--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 carried out using funds made available from the 
     Highway Trust Fund, including innovative and nontraditional 
     methods such as the Information Technology Omnibus 
     Procurement.
       (2) Intelligent transportation system software.--To the 
     maximum extent practicable, contracting officials shall use 
     as a critical evaluation criterion the Software Engineering 
     Institute's Capability Maturity Model, or another similar 
     recognized standard risk assessment methodology, to reduce 
     the cost, schedule, and performance risks associated with the 
     development, management, and integration of intelligent 
     transportation system software.
       (j) Evaluations.--
       (1) Guidelines and requirements.--
       (A) In general.--The Secretary shall issue guidelines and 
     requirements for the evaluation of operational tests and 
     deployment projects carried out under this subtitle.
       (B) Objectivity and independence.--The guidelines and 
     requirements issued 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 subtitle.
       (C) Funding.--The guidelines and requirements issued under 
     subparagraph (A) shall establish evaluation funding levels 
     based on the size and scope of each test or project that 
     ensure adequate evaluation of the results of the test or 
     project.
       (2) Special rule.--Any survey, questionnaire, or interview 
     that the Secretary considers necessary to carry out the 
     evaluation of any test, deployment project, or program 
     assessment activity under this subtitle shall not be subject 
     to chapter 35 of title 44.

     SEC. 5205. NATIONAL ITS PROGRAM PLAN.

       (a) In General.--
       (1) Updates.--The Secretary shall maintain and update, as 
     necessary, the National ITS Program Plan developed by the 
     Department of Transportation and the Intelligent 
     Transportation Society of America.
       (2) Scope.--The National ITS Program Plan shall--
       (A) specify the goals, objectives, and milestones for the 
     research and deployment of intelligent transportation systems 
     in the context of major metropolitan areas, smaller 
     metropolitan and rural areas, and commercial vehicle 
     operations;
       (B) specify how specific programs and projects will achieve 
     the goals, objectives, and milestones referred to in 
     subparagraph (A), including consideration of the 5- and 10-
     year timeframes for the goals and objectives;
       (C) identify activities that provide for the dynamic 
     development of standards and protocols to promote and ensure 
     interoperability in the implementation of intelligent 
     transportation system technologies, including actions taken 
     to establish critical standards; and
       (D) establish a cooperative process with State and local 
     governments for determining desired surface transportation 
     system performance levels and developing plans for 
     incorporation of specific intelligent transportation system 
     capabilities into surface transportation systems.
       (b) Reporting.--The plan described in subsection (a) shall 
     be transmitted and updated as part of the Surface 
     Transportation Research and Development Strategic Plan 
     developed under section 508 of title 23, United States Code.

     SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.

       (a) In General.--
       (1) Development, implementation, and maintenance.--
     Consistent with section 12(d) of the National Technology 
     Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
     Stat. 783), the Secretary shall develop, implement, and 
     maintain a national architecture and supporting standards and 
     protocols to promote the widespread use and evaluation of 
     intelligent transportation system technology as a component 
     of the surface transportation systems of the United States.
       (2) Interoperability and efficiency.--To the maximum extent 
     practicable, the national architecture shall promote 
     interoperability among, and efficiency of, intelligent 
     transportation system technologies implemented throughout the 
     United States.
       (3) Use of standards development organizations.--In 
     carrying out this section, the Secretary may use the services 
     of such standards development organizations as the Secretary 
     determines to be appropriate.
       (b) Report on Critical Standards.--Not later than June 1, 
     1999, the Secretary shall submit a report to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Science of the House of Representatives identifying which 
     standards are critical to ensuring national interoperability 
     or critical to the development of other standards and 
     specifying the status of the development of each standard 
     identified.
       (c) Provisional Standards.--
       (1) In general.--If the Secretary finds that the 
     development or balloting of an intelligent transportation 
     system standard jeopardizes the timely achievement of the 
     objectives identified in subsection (a), the Secretary may 
     establish a provisional standard after consultation with 
     affected parties, and using, to the extent practicable, the 
     work product of appropriate standards development 
     organizations.
       (2) Critical standards.--If a standard identified as 
     critical in the report under subsection (b) is not adopted 
     and published by the appropriate standards development 
     organization by January 1, 2001, the Secretary shall 
     establish a provisional standard after consultation with 
     affected parties, and using, to the extent practicable, the 
     work product of appropriate standards development 
     organizations.
       (3) Period of effectiveness.--A provisional standard 
     established under paragraph (1) or (2) shall be published in 
     the Federal Register and remain in effect until the 
     appropriate standards development organization adopts and 
     publishes a standard.
       (d) Waiver of Requirement To Establish Provisional 
     Standard.--

[[Page H3884]]

       (1) In general.--The Secretary may waive the requirement 
     under subsection (c)(2) to establish a provisional standard 
     if the Secretary determines that additional time would be 
     productive or that establishment of a provisional standard 
     would be counterproductive to achieving the timely 
     achievement of the objectives identified in subsection (a).
       (2) Notice.--The Secretary shall publish in the Federal 
     Register a notice describing each standard for which a waiver 
     of the provisional standard requirement has been granted, the 
     reasons for and effects of granting the waiver, and an 
     estimate as to when the standard is expected to be adopted 
     through a process consistent with section 12(d) of the 
     National Technology Transfer and Advancement Act of 1995 (15 
     U.S.C. 272 note; 110 Stat. 783).
       (3) Withdrawal of waiver.--At any time the Secretary may 
     withdraw a waiver granted under paragraph (1). Upon such 
     withdrawal, the Secretary shall publish in the Federal 
     Register a notice describing each standard for which a 
     waiver has been withdrawn and the reasons for withdrawing 
     the waiver.
       (e) Conformity With National Architecture.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary shall ensure that intelligent 
     transportation system projects carried out using funds made 
     available from the Highway Trust Fund, including funds made 
     available under this subtitle to deploy intelligent 
     transportation system technologies, conform to the national 
     architecture, applicable standards or provisional standards, 
     and protocols developed under subsection (a).
       (2) Secretary's discretion.--The Secretary may authorize 
     exceptions to paragraph (1) for--
       (A) projects designed to achieve specific research 
     objectives outlined in the National ITS Program Plan under 
     section 5205 or the Surface Transportation Research and 
     Development Strategic Plan developed under section 508 of 
     title 23, United States Code; or
       (B) the upgrade or expansion of an intelligent 
     transportation system in existence on the date of enactment 
     of this subtitle, if the Secretary determines that the 
     upgrade or expansion--
       (i) would not adversely affect the goals or purposes of 
     this subtitle;
       (ii) is carried out before the end of the useful life of 
     such system; and
       (iii) is cost-effective as compared to alternatives that 
     would meet the conformity requirement of paragraph (1).
       (3) Exceptions.--Paragraph (1) shall not apply to funds 
     used for operation or maintenance of an intelligent 
     transportation system in existence on the date of enactment 
     of this subtitle.
       (f) Spectrum.--The Federal Communications Commission shall 
     consider, in consultation with the Secretary, spectrum needs 
     for the operation of intelligent transportation systems, 
     including spectrum for the dedicated short-range vehicle-to-
     wayside wireless standard. Not later than January 1, 2000, 
     the Federal Communications Commission shall have completed a 
     rulemaking considering the allocation of spectrum for 
     intelligent transportation systems.

     SEC. 5207. RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall carry out a 
     comprehensive program of intelligent transportation system 
     research, development and operational tests of intelligent 
     vehicles and intelligent infrastructure systems, and other 
     similar activities that are necessary to carry out this 
     subtitle.
       (b) Priority Areas.--Under the program, the Secretary shall 
     give higher priority to funding projects that--
       (1) address traffic management, incident management, 
     transit management, toll collection, traveler information, or 
     highway operations systems;
       (2) focus on crash-avoidance and integration of in-vehicle 
     crash protection technologies with other on-board safety 
     systems, including the interaction of air bags and safety 
     belts;
       (3) incorporate human factors research, including the 
     science of the driving process;
       (4) facilitate the integration of intelligent 
     infrastructure, vehicle, and control technologies, including 
     magnetic guidance control systems or other materials or 
     magnetics research; or
       (5) incorporate research on the impact of environmental, 
     weather, and natural conditions on intelligent transportation 
     systems, including the effects of cold climates.
       (c) Operational Tests.--Operational tests conducted under 
     this section shall be designed for the collection of data to 
     permit objective evaluation of the results of the tests, 
     derivation of cost-benefit information that is useful to 
     others contemplating deployment of similar systems, and 
     development and implementation of standards.
       (d) Federal Share.--The Federal share of the cost of 
     operational tests and demonstrations under subsection (a) 
     shall not exceed 80 percent.

     SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION 
                   PROGRAM.

       (a) In General.--The Secretary shall conduct a 
     comprehensive program to accelerate the integration and 
     interoperability of intelligent transportation systems in 
     metropolitan and rural areas. Under the program, the 
     Secretary shall select for funding, through competitive 
     solicitation, projects that will serve as models to improve 
     transportation efficiency, promote safety (including safe 
     freight movement), increase traffic flow (including the flow 
     of intermodal travel at ports of entry), reduce emissions of 
     air pollutants, improve traveler information, enhance 
     alternative transportation modes, build on existing 
     intelligent transportation system projects, or promote 
     tourism.
       (b) Selection of Projects.--Under the program, the 
     Secretary shall give priority to funding projects that--
       (1) contribute to national deployment goals and objectives 
     outlined in the National ITS Program Plan under section 5205;
       (2) demonstrate a strong commitment to cooperation among 
     agencies, jurisdictions, and the private sector, as evidenced 
     by signed memoranda of understanding that clearly define the 
     responsibilities and relations of all parties to a 
     partnership arrangement, including institutional 
     relationships and financial agreements needed to support 
     deployment;
       (3) encourage private sector involvement and financial 
     commitment, to the maximum extent practicable, through 
     innovative financial arrangements, especially public-private 
     partnerships, including arrangements that generate revenue to 
     offset public investment costs;
       (4) demonstrate commitment to a comprehensive plan of fully 
     integrated intelligent transportation system deployment in 
     accordance with the national architecture and standards and 
     protocols established under section 5206;
       (5) are part of approved plans and programs developed under 
     applicable statewide and metropolitan transportation planning 
     processes and applicable State air quality implementation 
     plans, as appropriate, at the time at which Federal funds are 
     sought;
       (6) minimize the relative percentage and amount of Federal 
     contributions under this section to total project costs;
       (7) ensure continued, long-term operations and maintenance 
     without continued reliance on Federal funding under this 
     subtitle, as evidenced by documented evidence of fiscal 
     capacity and commitment from anticipated public and private 
     sources;
       (8) demonstrate technical capacity for effective operations 
     and maintenance or commitment to acquiring necessary skills;
       (9) mitigate any adverse impacts on bicycle and pedestrian 
     transportation and safety; or
       (10) in the case of a rural area, meet other safety, 
     mobility, geographic and regional diversity, or economic 
     development criteria as determined by the Secretary.
       (c) Fiscal Year Limitations.--Of the amounts made available 
     to carry out this section for a fiscal year--
       (1) not more that $15,000,000 may be used for projects in a 
     single metropolitan area;
       (2) not more than $2,000,000 may be used for projects in a 
     single rural area; and
       (3) not more than $35,000,000 may be used for projects in a 
     State.
       (d) Funding Limitations.--
       (1) Projects in metropolitan areas.--Funding under this 
     section for intelligent transportation infrastructure 
     projects in metropolitan areas shall be used primarily for 
     activities necessary to integrate intelligent transportation 
     infrastructure elements that are either deployed or to be 
     deployed with other sources of funds.
       (2) Other projects.--For projects outside metropolitan 
     areas, funding provided under this subtitle may also be used 
     for installation of intelligent transportation infrastructure 
     elements.
       (e) Funding for Rural Areas.--The Secretary shall allocate 
     not less than 10 percent of funds authorized by section 
     5001(c)(4)(A) in rural areas for intelligent transportation 
     infrastructure deployment activities funded under this 
     section to carry out intelligent transportation 
     infrastructure deployment activities in rural areas.
       (f) Federal Share.--
       (1) Funds made available under this section.--The Federal 
     share of the cost of a project payable from funds made 
     available under this section shall not exceed 50 percent.
       (2) Funds made available from all federal sources.--The 
     total Federal share of the cost of a project payable from all 
     eligible sources (including this section) shall not exceed 80 
     percent.
       (g) Corridor Development and Coordination.--
       (1) 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.
       (2) Great lakes its implementation.--
       (A) In general.--The Secretary shall make grants under this 
     subsection to the State of Wisconsin to continue ITS 
     activities in the corridor serving the Greater Milwaukee, 
     Wisconsin, Chicago, Illinois, and Gary, Indiana, areas 
     initiated under the Intermodal Surface Transportation 
     Efficiency Act of 1991 and other areas of the State.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 under section 5001(c)(4)(A) of 
     this Act, $2,000,000 per fiscal year shall be available to 
     carry out this paragraph.
       (3) Northeast its implementation.--
       (A) In general.--The Secretary shall make grants under this 
     subsection to the States to continue ITS activities in the 
     Interstate Route I-95 corridor in the northeastern United 
     States initiated under the Intermodal Surface Transportation 
     Efficiency Act of 1991.
       (B) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 under section 5001(c)(4)(A) of 
     this Act, $5,000,000 per fiscal year shall be available to 
     carry out this paragraph.

     SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION 
                   SYSTEM INFRASTRUCTURE DEPLOYMENT.

       (a) In General.--The Secretary shall carry out a 
     comprehensive program to deploy intelligent transportation 
     systems that--
       (1) improve the safety and productivity of commercial 
     vehicles and drivers; and
       (2) reduce costs associated with commercial vehicle 
     operations and Federal and State commercial vehicle 
     regulatory requirements.
       (b) Purpose.--The program shall advance the technological 
     capability and promote the deployment of intelligent 
     transportation system applications to commercial vehicle 
     operations,

[[Page H3885]]

     including commercial vehicle, commercial driver, and carrier-
     specific information systems and networks.
       (c) Priority Areas.--In carrying out the program, the 
     Secretary shall give priority to projects that--
       (1) encourage multistate cooperation and corridor 
     development;
       (2)(A) improve the safety of commercial vehicle operations; 
     and
       (B) increase the efficiency of regulatory inspection 
     processes to reduce administrative burdens by advancing 
     technology to facilitate inspections and generally increase 
     the effectiveness of enforcement efforts;
       (3)(A) advance electronic processing of registration 
     information, driver licensing information, fuel tax 
     information, inspection and crash data, and other safety 
     information; and
       (B) promote communication of the information among the 
     States; or
       (4) enhance the safe passage of commercial vehicles across 
     the United States and across international borders.
       (d) Leveraging of Federal Funds.--Federal funds used to 
     carry out the program shall, to the maximum extent 
     practicable--
       (1) be leveraged with non-Federal funds; and
       (2) be used for activities not carried out through the use 
     of private funds.
       (e) Federal Share.--The Federal share of the cost of the 
     project payable from funds made available to carry out this 
     section shall not exceed 50 percent. The total Federal share 
     of the cost of the project payable from all eligible sources 
     shall not exceed 80 percent.

     SEC. 5210. USE OF FUNDS.

       (a) Outreach and Public Relations Limitation.--
       (1) In general.--For each fiscal year, not more than 
     $5,000,000 of the funds made available to carry out this 
     subtitle shall be used for intelligent transportation system 
     outreach, public relations, displays, scholarships, tours, 
     and brochures.
       (2) Applicability.--Paragraph (1) shall not apply to 
     intelligent transportation system training or the publication 
     or distribution of research findings, technical guidance, or 
     similar documents.
       (b) Infrastructure Development.--Funds made available to 
     carry out this subtitle 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.
       (c) Life Cycle Cost Analysis and Financing and Operations 
     Plan.--The Secretary shall require an applicant for funds 
     made available under sections 5208 and 5209 to submit to the 
     Secretary--
       (1) an analysis of the life-cycle costs of operation and 
     maintenance of intelligent transportation system elements, if 
     the total initial capital costs of the elements exceed 
     $3,000,000; and
       (2) a multiyear financing and operations plan that 
     describes how the project will be cost-effectively operated 
     and maintained.

     SEC. 5211. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (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) Corridor.--The term ``corridor'' means any major 
     transportation route that includes parallel limited access 
     highways, major arterials, or transit lines.
       (4) Intelligent transportation infrastructure.--The term 
     ``intelligent transportation infrastructure'' means fully 
     integrated public sector intelligent transportation system 
     components, as defined by the Secretary.
       (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) 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.
       (8) State.--The term ``State'' has the meaning given the 
     term under section 101 of title 23, United States Code.

     SEC. 5212. PROJECT FUNDING.

       (a) Use of Hazardous Materials Monitoring Systems.--
       (1) In general.--The Secretary shall conduct research on 
     improved methods of deploying and integrating existing ITS 
     projects to include hazardous materials monitoring systems 
     across various modes of transportation.
       (2) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(6) of this 
     Act, $1,500,000 per fiscal year shall be available to carry 
     out this paragraph.
       (b) Outreach and Technology Transfer Activities.--
       (1) In general.--The Secretary shall continue to support 
     the Urban Consortium's ITS outreach and technology transfer 
     activities.
       (2) Funding.--Of the amounts made available for each of 
     fiscal years 1998 through 2003 by section 5001(a)(5) of this 
     Act, $500,000 per fiscal year shall be available to carry out 
     this paragraph.
       (c) Translink.--
       (1) In general.--The Secretary shall make grants to the 
     Texas Transportation Institute to continue the Translink 
     Research program.
       (2) Funding.--Of the amounts allocated for each of fiscal 
     years 1999 through 2001 by section 5001(a)(6) of this Act, 
     $1,300,000 per fiscal year shall be available to carry out 
     this paragraph.

     SEC. 5213. REPEAL.

       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).

            TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS

     SEC. 6101. 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 of the Environmental Protection Agency 
     (referred to in this title as 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 the schedule for implementation of the 
     July 1997 revisions of the ambient air quality standards for 
     particulate matter and the schedule for the Environmental 
     Protection Agency's visibility regulations related to 
     regional haze are consistent with the timetable for 
     implementation of such particulate matter standards as set 
     forth in the President's Implementation Memorandum dated July 
     16, 1997.

     SEC. 6102. 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, consistent with their respective 
     authorities under the Clean Air Act, 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)(1) The Governors shall be required to submit 
     designations referred to in section 107(d)(1) of the Clean 
     Air Act 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

[[Page H3886]]

     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. Nothing in the previous 
     sentence shall be construed as affecting the Governor's 
     authority to designate an area initially as nonattainment, 
     and the Administrator's authority to promulgate the 
     designation of an area as nonattainment, under section 
     107(d)(1) of the Clean Air Act, based on its contribution to 
     ambient air quality in a nearby nonattainment area.
       (2) For any area designated as nonattainment for the July 
     1997 PM2.5 national ambient air quality standard 
     in accordance with the schedule set forth in this section, 
     notwithstanding the time limit prescribed in paragraph (2) of 
     section 169B(e) of the Clean Air Act, the Administrator shall 
     require State implementation plan revisions referred to in 
     such paragraph (2) to be submitted at the same time as State 
     implementation plan revisions referred to in section 172 of 
     the Clean Air Act implementing the revised national ambient 
     air quality standard for fine particulate matter are required 
     to be submitted. For any area designated as attainment or 
     unclassifiable for such standard, the Administrator shall 
     require the State implementation plan revisions referred to 
     in such paragraph (2) to be submitted 1 year after the area 
     has been so designated. The preceding provisions of this 
     paragraph shall not preclude the implementation of the 
     agreements and recommendations set forth in the Grand Canyon 
     Visibility Transport Commission Report dated June 1996.
       (d) The Administrator shall promulgate the designations 
     referred to in section 107(d)(1) of the Clean Air Act for 
     each area following promulgation of the July 1997 
     PM2.5 national ambient air quality standard by the 
     earlier of 1 year after the initial designations required 
     under subsection (c)(1) are required to be submitted or 
     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 the Committee on Commerce of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the United States Senate no later than 2 years from 
     the date of enactment of this Act.

     SEC. 6103. OZONE DESIGNATION REQUIREMENTS.

       (a) The Governors shall be required to submit the 
     designations referred to in section 107(d)(1) of the Clean 
     Air Act 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. 6104. ADDITIONAL PROVISIONS.

       Nothing in sections 6101 through 6103 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 VII--MISCELLANEOUS

             Subtitle A--Automobile Safety and Information

     SEC 7101. SHORT TITLE.

       This subtitle may be cited as the ``National Highway 
     Traffic Safety Administration Reauthorization Act of 1998''.

     SEC. 7102. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Motor Vehicle Safety Activities.--Section 30104 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 30104. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     $81,200,000 for the National Highway Traffic Safety 
     Administration to carry out this part in each fiscal year 
     beginning in fiscal year 1999 and ending in fiscal year 
     2001.''.
       (b) Motor Vehicle Information Activities.--Section 32102 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 32102. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     $6,200,000 for the National Highway Traffic Safety 
     Administration to carry out this part in each fiscal year 
     beginning in fiscal year 1999 and ending in fiscal year 
     2001.''.

     SEC. 7103. IMPROVING AIR BAG SAFETY.

       (a) Rulemaking To Improve Air Bags.--
       (1) Notice of proposed rulemaking.--Not later than 
     September 1, 1998, the Secretary of Transportation shall 
     issue a notice of proposed rulemaking to improve occupant 
     protection for occupants of different sizes, belted and 
     unbelted, under 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.--Notwithstanding any other provision of 
     law, the Secretary shall complete the rulemaking required by 
     this subsection by issuing, not later than September 1, 1999, 
     a final rule with any provision the Secretary deems 
     appropriate, consistent with paragraph (1) and the 
     requirements of section 30111, title 49, United States Code. 
     If the Secretary determines that the final rule cannot be 
     completed by that date to meet the purposes of paragraph (1), 
     the Secretary may extend the date for issuing the final rule 
     to not later than March 1, 2000.
       (3) Effective date.--The final rule issued under this 
     subsection shall become effective in phases as rapidly as 
     practicable, beginning not earlier than September 1, 2002, 
     and no sooner than 30 months after the date of the issuance 
     of the final rule, but not later than September 1, 2003. The 
     final rule shall become fully effective for all vehicles 
     identified in section 30127(b), title 49, United States Code, 
     that are manufactured on and after September 1, 2005. Should 
     the phase-in of the final rule required by this paragraph 
     commence on September 1, 2003, then in that event, and only 
     in that event, the Secretary is authorized to make the final 
     rule fully effective on September 1, 2006, for all vehicles 
     that are manufactured on and after that date.
       (4) Coordination of effective dates.--The requirements of 
     S13 of Standard No. 208 shall remain in effect unless and 
     until changed by the rule required by this subsection.
       (5) Credit for early compliance.--To encourage early 
     compliance, the Secretary is directed to include in the 
     notice of proposed rulemaking required by paragraph (1) means 
     by which manufacturers may earn credits for future 
     compliance. Credits, on a one-vehicle for one-vehicle basis, 
     may be earned for vehicles certified as being in full 
     compliance under section 30115 of title 49, United States 
     Code, with the rule required by paragraph (2) which are 
     either--
       (A) so certified in advance of the phase-in period; or
       (B) in excess of the percentage requirements during the 
     phase-in period.
       (b) Advisory Committees.--Any government advisory 
     committee, task force, or other entity involving air bags 
     shall include representatives of consumer and safety 
     organizations, insurers, manufacturers, and suppliers.

     SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.

       (a) Amendment.--Subchapter I of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30105. Restriction on lobbying activities

       ``(a) In General.--No funds appropriated to the Secretary 
     shall be available for any activity specifically designed to 
     urge a State or local legislator to favor or oppose the 
     adoption of any specific legislative proposal pending before 
     any State or local legislative body.
       ``(b) Appearance as Witness Not Barred.--Subsection (a) 
     does not prohibit officers or employees of the United States 
     from testifying before any State or local legislative body in 
     response to the invitation of any member of that legislative 
     body or a State executive office.''.
       (b) Clerical Amendment.--The table of contents in 
     subchapter I of chapter 301 of title 49, United States Code, 
     is amended by adding at the end the following:

``30105.  Restriction on lobbying activities.''.

     SEC. 7105. ODOMETERS.

       (a) Transfers of New Motor Vehicles.--Section 32705(a) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(4)(A) This subsection shall apply to all transfers of 
     motor vehicles (unless otherwise exempted by the Secretary by 
     regulation), except in the case of transfers of new motor 
     vehicles from a vehicle manufacturer jointly to a dealer and 
     a person engaged in the business of renting or leasing 
     vehicles for a period of 30 days or less.
       ``(B) For purposes of subparagraph (A), the term `new motor 
     vehicle' means any motor vehicle driven with no more than the 
     limited use necessary in moving, transporting, or road 
     testing such vehicle prior to delivery from the vehicle 
     manufacturer to a dealer, but in no event shall the odometer 
     reading of such vehicle exceed 300 miles.''.
       (b) Exempted Vehicles.--Section 32705(a) of title 49, 
     United States Code, as amended by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(5) The Secretary may exempt such classes or categories 
     of vehicles as the Secretary deems appropriate from these 
     requirements. Until such time as the Secretary amends or 
     modifies the regulations set forth in 49 CFR 580.6, such 
     regulations shall have full force and effect.''.

     SEC. 7106. MISCELLANEOUS AMENDMENTS.

       (a) Remedies for Defects and Noncompliance.--Section 
     30120(i)(1) of title 49, United States Code, is amended by 
     inserting ``(including retailers of motor vehicle 
     equipment)'' after ``dealer'' the first time it appears.
       (b) Tires.--Section 30123 of title 49, United States Code, 
     is amended by striking subsections (a), (b), and (c) and by 
     redesignating subsections (d), (e), and (f), as subsections 
     (a), (b), and (c), respectively.
       (c) Automatic Occupant Crash Protection and Seat Belt 
     Use.--Section 30127(g)(1) of title 49, United States Code, is 
     amended by striking ``every 6 months'' and inserting 
     ``annually''.
       (d) Miscellaneous.--
       (1) Definitions.--
       (A) Country of origin.--Section 32304(a)(3)(B) of title 49, 
     United States Code, is amended by inserting before the period 
     the following: ``, plus the assembly and labor costs incurred 
     for the final assembly of such engines and transmissions''.
       (B) Final assembly place.--Section 32304(a)(5) of title 49, 
     United States Code, is amended is amended by adding at the 
     end the following: ``Such term does not include facilities 
     for engine and transmission fabrication and assembly and the 
     facilities for fabrication of motor vehicle equipment 
     component parts which are produced at the same final assembly 
     place using forming processes such as stamping, machining, or 
     molding processes.''.
       (C) Outside supplier content reporting.--Section 
     32304(a)(9)(A) of title 49, United States Code, is amended to 
     read as follows:
       ``(A) for an outside supplier--
       ``(i) the full purchase price of passenger motor vehicle 
     equipment whose purchase price contains at least 70 percent 
     value added in the United States and Canada; or
       ``(ii) that portion of the purchase price of passenger 
     motor vehicle equipment containing less than 70 percent value 
     added in the United

[[Page H3887]]

     States and Canada that is attributable to the percent value 
     added in the United States and Canada when such percent is 
     expressed to the nearest 5 percent; and''.
       (2) Country of assembly.--Section 32304(d) of title 49, 
     United States Code, is amended by adding at the end the 
     following; ``A manufacturer may add to the label required 
     under subsection (b) a line stating the country in which 
     vehicle assembly was completed.''.
       (3) Vehicle content percentage by assembly plant.--Section 
     32304 of title 49, United States Code, is amended by 
     redesignating subsections (c) through (f) as subsections (f) 
     through (i), respectively, and by adding after subsection (b) 
     the following:
       ``(c) Vehicle Content Percentage by Assembly Plant.--A 
     manufacturer may display separately on the label required by 
     subsection (b) the domestic content of a vehicle based on the 
     assembly plant. Such display shall occur after the matter 
     required to be in the label by subsection (b)(1)(A).''.
       (4) Suppliers failing to report.--Section 32304 of title 
     49, United States Code, is amended by adding after subsection 
     (c), as added by paragraph (3), the following:
       ``(d) Value Added Determination.--If a manufacturer or 
     allied supplier requests information in a timely manner from 
     one or more of its outside suppliers concerning the United 
     States /Canadian content of particular equipment, but does 
     not receive that information despite a good faith effort to 
     obtain it, the manufacturer or allied supplier may make its 
     own good faith value added determinations, subject to the 
     following:
       ``(1) The manufacturer or allied supplier shall make the 
     same value added determinations as would be made by the 
     outside supplier, that is, whether 70 percent or more of the 
     value of equipment is added in the United States and /or 
     Canada.
       ``(2) The manufacturer or allied supplier shall consider 
     the amount of value added and the location in which the value 
     was added for all of the stages that the outside supplier 
     would be required to consider.
       ``(3) The manufacturer or allied supplier may determine 
     that the value added in the United States and /or Canada is 
     70 percent or more only if it has a good faith basis to make 
     that determination.
       ``(4) A manufacturer and its allied suppliers may, on a 
     combined basis, make value added determinations for no more 
     than 10 percent, by value, of a carline's total parts content 
     from outside suppliers.
       ``(5) Value added determinations made by a manufacturer or 
     allied supplier under this paragraph shall have the same 
     effect as if they were made by the outside supplier.
       ``(6) This provision does not affect the obligation of 
     outside suppliers to provide the requested information.''.
       (5) Accounting for the value of small parts.--Section 32304 
     of title 49, United States Code, is amended by adding after 
     subsection (d), as added by paragraph (4), the following:
       ``(e) Small Parts.--The country of origin of nuts, bolts, 
     clips, screws, pins, braces, gasoline, oil, blackout, 
     phosphate rinse, windshield washer fluid, fasteners, tire 
     assembly fluid, rivets, adhesives, and grommets, of any 
     system, subassembly, or component installed in a vehicle 
     shall be considered to be the country in which such parts 
     were included in the final assembly of such vehicle.''.
       (e) Study.--The National Highway Traffic Safety 
     Administration shall conduct a study of the benefits to motor 
     vehicle drivers of a regulation to require the installation 
     in a motor vehicle of an interior device to release the trunk 
     lid. Not later than 18 months after the date of the enactment 
     of this Act, the Administration shall submit a report on the 
     results of the study to the Committee on Commerce of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.

       (a) Importation of Noncomplying Motor Vehicles.--Section 
     30114 of title 49, United States Code, is amended by striking 
     ``or competitive racing events'' and inserting ``competitive 
     racing events, show, or display''.
       (b) Transition Rule.--A person who is the owner of a motor 
     vehicle located in the United States on the date of enactment 
     of this Act may seek an exemption under section 30114 of 
     title 49, United States Code, as amended by subsection (a) of 
     this section, for a period of 6 months after the date 
     regulations of the Secretary of Transportation promulgated in 
     response to such amendment take effect.

                         Subtitle B--Railroads

     SEC. 7201. HIGH-SPEED RAIL.

       (a) Authorization of Appropriations.--Section 26104 of 
     title 49, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (h); and
       (2) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Fiscal Year 1998.--(1) There are authorized to be 
     appropriated to the Secretary $10,000,000 for fiscal year 
     1998, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $25,000,000 for fiscal year 1998, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(e) Fiscal Year 1999.--(1) There are authorized to be 
     appropriated to the Secretary $10,000,000 for fiscal year 
     1999, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $25,000,000 for fiscal year 1999, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(f) Fiscal Year 2000.--(1) There are authorized to be 
     appropriated to the Secretary $10,000,000 for fiscal year 
     2000, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $25,000,000 for fiscal year 2000, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(g) Fiscal Year 2001.--(1) There are authorized to be 
     appropriated to the Secretary $10,000,000 for fiscal year 
     2001, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $25,000,000 for fiscal year 2001, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).''.
       (b) Definition.--Section 26105(2) of title 49, United 
     States Code, is amended to read as follows:
       ``(2) the term `high-speed rail' means all forms of 
     nonhighway ground transportation that run on rails or 
     electromagnetic guideways providing transportation service 
     which is--
       ``(A) reasonably expected to reach sustained speeds of more 
     than 125 miles per hour; and
       ``(B) made available to members of the general public as 
     passengers,
     but does not include rapid transit operations within an urban 
     area that are not connected to the general rail system of 
     transportation;''.

     SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

       (a) Amendment.--Part B of subtitle V of title 49, United 
     States Code, 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 $17,500,000 for each of the fiscal years 1998, 
     1999, 2000, 2001, 2002, and 2003. Such funds shall remain 
     available until expended.''.
       (b) Table of Chapters.--The table of chapters of subtitle V 
     of title 49, United States Code, is amended by inserting 
     after the item relating to chapter 221 the following new 
     item:

``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS..................22301''.

     SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

       (a) Amendments.--Title V of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 is amended--
       (1) by striking sections 501 through 504 and inserting the 
     following new sections:

     ``SEC. 501. DEFINITIONS.

       ``For purposes of this title:
       ``(1)(A) The term `cost' means the estimated long-term cost 
     to the Government of a direct loan or loan guarantee or 
     modification thereof, calculated on a net present value 
     basis, excluding administrative costs and any incidental 
     effects on governmental receipts or outlays.
       ``(B) The cost of a direct loan shall be the net present 
     value, at the time when the direct loan is disbursed, of the 
     following estimated cash flows:
       ``(i) Loan disbursements.
       ``(ii) Repayments of principal.
       ``(iii) Payments of interest and other payments by or to 
     the Government over the life of the loan after adjusting for 
     estimated defaults, prepayments, fees, penalties, and other 
     recoveries.

     Calculation of the cost of a direct loan shall include the 
     effects of changes in loan terms resulting from the exercise 
     by the borrower of an option included in the loan contract.
       ``(C) The cost of a loan guarantee shall be the net present 
     value, at the time when the guaranteed loan is disbursed, of 
     the following estimated cash flows:
       ``(i) Payments by the Government to cover defaults and 
     delinquencies, interest subsidies, or other payments.
       ``(ii) Payments to the Government, including origination 
     and other fees, penalties, and recoveries.

     Calculation of the cost of a loan guarantee shall include the 
     effects of changes in loan terms resulting from the exercise 
     by the guaranteed lender of an option included in the loan 
     guarantee contract, or by the borrower of an option included 
     in the guaranteed loan contract.

[[Page H3888]]

       ``(D) The cost of a modification is the difference between 
     the current estimate of the net present value of the 
     remaining cash flows under the terms of a direct loan or loan 
     guarantee contract, and the current estimate of the net 
     present value of the remaining cash flows under the terms of 
     the contract, as modified.
       ``(E) In estimating net present values, the discount rate 
     shall be the average interest rate on marketable Treasury 
     securities of similar maturity to the cash flows of the 
     direct loan or loan guarantee for which the estimate is being 
     made.
       ``(F) When funds are obligated for a direct loan or loan 
     guarantee, the estimated cost shall be based on the current 
     assumptions, adjusted to incorporate the terms of the loan 
     contract, for the fiscal year in which the funds are 
     obligated.
       ``(2) The term `current' has the same meaning as in section 
     250(c)(9) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       ``(3) The term `direct loan' means a disbursement of funds 
     by the Government to a non-Federal borrower under a contract 
     that requires the repayment of such funds. The term includes 
     the purchase of, or participation in, a loan made by another 
     lender and financing arrangements that defer payment for more 
     than 90 days, including the sale of a government asset on 
     credit terms. The term does not include the acquisition of a 
     federally guaranteed loan in satisfaction of default claims.
       ``(4) The term `direct loan obligation' means a binding 
     agreement by the Secretary to make a direct loan when 
     specified conditions are fulfilled by the borrower.
       ``(5) The term `intermodal' means of or relating to the 
     connection between rail service and other modes of 
     transportation, including all parts of facilities at which 
     such connection is made.
       ``(6) The term `loan guarantee' means any guarantee, 
     insurance, or other pledge with respect to the payment of all 
     or a part of the principal or interest on any debt obligation 
     of a non-Federal borrower to a non-Federal lender, but does 
     not include the insurance of deposits, shares, or other 
     withdrawable accounts in financial institutions.
       ``(7) The term `loan guarantee commitment' means a binding 
     agreement by the Secretary to make a loan guarantee when 
     specified conditions are fulfilled by the borrower, the 
     lender, or any other party to the guarantee agreement.
       ``(8) The term `modification' means any Government action 
     that alters the estimated cost of an outstanding direct loan 
     (or direct loan obligation) or an outstanding loan guarantee 
     (or loan guarantee commitment) from the current estimate of 
     cash flows. This includes the sale of loan assets, with or 
     without recourse, and the purchase of guaranteed loans. This 
     also includes any action resulting from new legislation, or 
     from the exercise of administrative discretion under existing 
     law, that directly or indirectly alters the estimated cost of 
     outstanding direct loans (or direct loan obligations) or loan 
     guarantees (or loan guarantee commitments) such as a change 
     in collection procedures.

     ``SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.

       ``(a) General Authority.--The Secretary may provide direct 
     loans and loan guarantees to State and local governments, 
     government sponsored authorities and corporations, railroads, 
     and joint ventures that include at least 1 railroad.
       ``(b) Eligible Purposes.--
       ``(1) In general.--Direct loans and loan guarantees under 
     this section shall be used to--
       ``(A) acquire, improve, or rehabilitate intermodal or rail 
     equipment or facilities, including track, components of 
     track, bridges, yards, buildings, and shops;
       ``(B) refinance outstanding debt incurred for the purposes 
     described in subparagraph (A); or
       ``(C) develop or establish new intermodal or railroad 
     facilities.
       ``(2) Operating expenses not eligible.--Direct loans and 
     loan guarantees under this section shall not be used for 
     railroad operating expenses.
       ``(c) Priority Projects.--In granting applications for 
     direct loans or guaranteed loans under this section, the 
     Secretary shall give priority to projects that--
       ``(1) enhance public safety;
       ``(2) enhance the environment;
       ``(3) promote economic development;
       ``(4) enable United States companies to be more competitive 
     in international markets;
       ``(5) are endorsed by the plans prepared under section 135 
     of title 23, United States Code, by the State or States in 
     which they are located; or
       ``(6) preserve or enhance rail or intermodal service to 
     small communities or rural areas.
       ``(d) Extent of Authority.--The aggregate unpaid principal 
     amounts of obligations under direct loans and loan guarantees 
     made under this section shall not exceed $3,500,000,000 at 
     any one time. Of this amount, not less than $1,000,000,000 
     shall be available solely for projects primarily benefiting 
     freight railroads other than Class I carriers.
       ``(e) Rates of Interest.--
       ``(1) Direct loans.--The Secretary shall require interest 
     to be paid on a direct loan made under this section at a rate 
     not less than that necessary to recover the cost of making 
     the loan.
       ``(2) Loan guarantees.--The Secretary shall not make a loan 
     guarantee under this section if the interest rate for the 
     loan exceeds that which the Secretary determines to be 
     reasonable, taking into consideration the prevailing interest 
     rates and customary fees incurred under similar obligations 
     in the private capital market.
       ``(f) Infrastructure Partners.--
       ``(1) Authority of secretary.--In lieu of or in combination 
     with appropriations of budget authority to cover the costs of 
     direct loans and loan guarantees as required under section 
     504(b)(1) of the Federal Credit Reform Act of 1990, the 
     Secretary may accept on behalf of an applicant for assistance 
     under this section a commitment from a non-Federal source to 
     fund in whole or in part credit risk premiums with respect to 
     the loan that is the subject of the application. In no event 
     shall the aggregate of appropriations of budget authority and 
     credit risk premiums described in this paragraph with respect 
     to a direct loan or loan guarantee be less than the cost of 
     that direct loan or loan guarantee.
       ``(2) Credit risk premium amount.--The Secretary shall 
     determine the amount required for credit risk premiums under 
     this subsection on the basis of--
       ``(A) the circumstances of the applicant, including the 
     amount of collateral offered;
       ``(B) the proposed schedule of loan disbursements;
       ``(C) historical data on the repayment history of similar 
     borrowers;
       ``(D) consultation with the Congressional Budget Office; 
     and
       ``(E) any other factors the Secretary considers relevant.
       ``(3) Payment of premiums.--Credit risk premiums under this 
     subsection shall be paid to the Secretary before the 
     disbursement of loan amounts.
       ``(4) Cohorts of loans.--In order to maintain sufficient 
     balances of credit risk premiums to adequately protect the 
     Federal Government from risk of default, while minimizing the 
     length of time the Government retains possession of those 
     balances, the Secretary shall establish cohorts of loans. 
     When all obligations attached to a cohort of loans have been 
     satisfied, credit risk premiums paid for the cohort, and 
     interest accrued thereon, which were not used to mitigate 
     losses shall be returned to the original source on a pro rata 
     basis.
       ``(g) Prerequisites for Assistance.--The Secretary shall 
     not make a direct loan or loan guarantee under this section 
     unless the Secretary has made a finding in writing that--
       ``(1) repayment of the obligation is required to be made 
     within a term of not more than 25 years from the date of its 
     execution;
       ``(2) the direct loan or loan guarantee is justified by the 
     present and probable future demand for rail services or 
     intermodal facilities;
       ``(3) the applicant has given reasonable assurances that 
     the facilities or equipment to be acquired, rehabilitated, 
     improved, developed, or established with the proceeds of the 
     obligation will be economically and efficiently utilized;
       ``(4) the obligation can reasonably be repaid, using an 
     appropriate combination of credit risk premiums and 
     collateral offered by the applicant to protect the Federal 
     Government; and
       ``(5) the purposes of the direct loan or loan guarantee are 
     consistent with subsection (b).
       ``(h) Conditions of Assistance.--The Secretary shall, 
     before granting assistance under this section, require the 
     applicant to agree to such terms and conditions as are 
     sufficient, in the judgment of the Secretary, to ensure that, 
     as long as any principal or interest is due and payable on 
     such obligation, the applicant, and any railroad or railroad 
     partner for whose benefit the assistance is intended--
       ``(1) will not use any funds or assets from railroad or 
     intermodal operations for purposes not related to such 
     operations, if such use would impair the ability of the 
     applicant, railroad, or railroad partner to provide rail or 
     intermodal services in an efficient and economic manner, or 
     would adversely affect the ability of the applicant, 
     railroad, or railroad partner to perform any obligation 
     entered into by the applicant under this section;
       ``(2) will, consistent with its capital resources, maintain 
     its capital program, equipment, facilities, and operations on 
     a continuing basis; and
       ``(3) will not make any discretionary dividend payments 
     that unreasonably conflict with the purposes stated in 
     subsection (b).

     ``SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN 
                   GUARANTEES.

       ``(a) Applications.--The Secretary shall prescribe the form 
     and contents required of applications for assistance under 
     section 502, to enable the Secretary to determine the 
     eligibility of the applicant's proposal, and shall establish 
     terms and conditions for direct loans and loan guarantees 
     made under that section.
       ``(c) Assignment of Loan Guarantees.--The holder of a loan 
     guarantee made under section 502 may assign the loan 
     guarantee in whole or in part, subject to such requirements 
     as the Secretary may prescribe.
       ``(d) Modifications.--The Secretary may approve the 
     modification of any term or condition of a direct loan, loan 
     guarantee, direct loan obligation, or loan guarantee 
     commitment, including the rate of interest, time of payment 
     of interest or principal, or security requirements, if the 
     Secretary finds in writing that--
       ``(1) the modification is equitable and is in the overall 
     best interests of the United States; and
       ``(2) consent has been obtained from the applicant and, in 
     the case of a loan guarantee or loan guarantee commitment, 
     the holder of the obligation.
       ``(e) Compliance.--The Secretary shall assure compliance, 
     by an applicant, any other party to the loan, and any 
     railroad or railroad partner for whose benefit assistance is 
     intended, with the provisions of this title, regulations 
     issued hereunder, and the terms and conditions of the direct 
     loan or loan guarantee, including through regular periodic 
     inspections.
       ``(f) Commercial Validity.--For purposes of claims by any 
     party other than the Secretary, a loan guarantee or loan 
     guarantee commitment shall be conclusive evidence that the 
     underlying obligation is in compliance with the provisions of 
     this title, and that such obligation has been approved and is 
     legal as to principal, interest, and other terms. Such a 
     guarantee or commitment shall be valid and incontestable in 
     the hands of a holder thereof, including the original lender 
     or any other holder, as of the date when the Secretary 
     granted the application therefor, except as to fraud or 
     material misrepresentation by such holder.

[[Page H3889]]

       ``(g) Default.--The Secretary shall prescribe regulations 
     setting forth procedures in the event of default on a loan 
     made or guaranteed under section 502. The Secretary shall 
     ensure that each loan guarantee made under that section 
     contains terms and conditions that provide that--
       ``(1) if a payment of principal or interest under the loan 
     is in default for more than 30 days, the Secretary shall pay 
     to the holder of the obligation,  or the holder's agent, the 
     amount of unpaid guaranteed interest;
       ``(2) if the default has continued for more than 90 days, 
     the Secretary shall pay to the holder of the obligation, or 
     the holder's agent, 90 percent of the unpaid guaranteed 
     principal;
       ``(3) after final resolution of the default, through 
     liquidation or otherwise, the Secretary shall pay to the 
     holder of the obligation, or the holder's agent, any 
     remaining amounts guaranteed but which were not recovered 
     through the default's resolution;
       ``(4) the Secretary shall not be required to make any 
     payment under paragraphs (1) through (3) if the Secretary 
     finds, before the expiration of the periods described in such 
     paragraphs, that the default has been remedied; and
       ``(5) the holder of the obligation shall not receive 
     payment or be entitled to retain payment in a total amount 
     which, together with all other recoveries (including any 
     recovery based upon a security interest in equipment or 
     facilities) exceeds the actual loss of such holder.
       ``(h) Rights of the Secretary.--
       ``(1) Subrogation.--If the Secretary makes payment to a 
     holder, or a holder's agent, under subsection (g) in 
     connection with a loan guarantee made under section 502, the 
     Secretary shall be subrogated to all of the rights of the 
     holder with respect to the obligor under the loan.
       ``(2) Disposition of property.--The Secretary may complete, 
     recondition, reconstruct, renovate, repair, maintain, 
     operate, charter, rent, sell, or otherwise dispose of any 
     property or other interests obtained pursuant to this 
     section. The Secretary shall not be subject to any Federal or 
     State regulatory requirements when carrying out this 
     paragraph.
       ``(i) Action Against Obligor.--The Secretary may bring a 
     civil action in an appropriate Federal court in the name of 
     the United States in the event of a default on a direct loan 
     made under section 502, or in the name of the United States 
     or of the holder of the obligation in the event of a default 
     on a loan guaranteed under section 502. The holder of a 
     guarantee shall make available to the Secretary all records 
     and evidence necessary to prosecute the civil action. The 
     Secretary may accept property in full or partial satisfaction 
     of any sums owed as a result of a default. If the Secretary 
     receives, through the sale or other disposition of such 
     property, an amount greater than the aggregate of--
       ``(1) the amount paid to the holder of a guarantee under 
     subsection (g) of this section; and
       ``(2) any other cost to the United States of remedying the 
     default,
     the Secretary shall pay such excess to the obligor.
       ``(j) Breach of Conditions.--The Attorney General shall 
     commence a civil action in an appropriate Federal court to 
     enjoin any activity which the Secretary finds is in violation 
     of this title, regulations issued hereunder, or any 
     conditions which were duly agreed to, and to secure any other 
     appropriate relief.
       ``(k) Attachment.--No attachment or execution may be issued 
     against the Secretary, or any property in the control of the 
     Secretary, prior to the entry of final judgment to such 
     effect in any State, Federal, or other court.
       ``(l) Investigation Charge.--The Secretary may charge and 
     collect from each applicant a reasonable charge for appraisal 
     of the value of the equipment or facilities for which the 
     direct loan or loan guarantee is sought, and for making 
     necessary determinations and findings. Such charge shall not 
     aggregate more than one-half of 1 percent of the principal 
     amount of the obligation.'';
       (2) by striking sections 505 through 515 (other than 
     511(c)), 517, and 518;
       (3) in section 511(c) by striking ``this section'' and 
     inserting ``section 502'';
       (4) by moving subsection (c) of section 511 (as amended by 
     paragraph (3) of this section) from section 511 to section 
     503 (as inserted by paragraph (1) of this section), inserting 
     it after subsection (a), and redesignating it as subsection 
     (b); and
       (5) by redesignating section 516 as section 504.
       (b) Technical and Conforming Provisions.--
       (1) Table of contents.--The table of contents of title V of 
     the Railroad Revitalization and Regulatory Reform Act of 1976 
     is amended by striking the items relating to sections 502 
     through 518 and inserting the following:
``Sec. 502. Direct loans and loan guarantees.
``Sec. 503. Administration of direct loans and loan guarantees.
``Sec. 504. Employee protection.''.
       (2) Savings provision.--A transaction entered into under 
     the authority of title V of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before 
     the date of enactment of this Act shall be administered until 
     completion under its terms as if this Act were not enacted.
       (3) Repeal.--Section 211(i) of the Regional Rail 
     Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.

     SEC. 7204. ALASKA RAILROAD.

       (a) Grants.--The Secretary may make grants to the Alaska 
     Railroad for capital rehabilitation of and improvements to 
     its passenger services.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,250,000 for 
     each of fiscal years 1998 through 2003.

            Subtitle C--Comprehensive One-Call Notification

     SEC. 7301. 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 or 
     untimely 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. 7302. ONE-CALL NOTIFICATION PROGRAMS.

       (a) In General.--Subtitle III of title 49, United States 
     Code, 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.
``6108. Relationship to State laws.

     ``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 voluntary 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

       ``In this chapter, the following definitions apply:
       ``(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.--In order to qualify for a grant 
     under section 6106, 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

[[Page H3890]]

     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 submit to the Secretary a 
     grant application under subsection (b). The State shall 
     submit the application not later than 2 years after the date 
     of enactment of this chapter.
       ``(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 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 is eligible to receive 
     a grant under section 6106 if the State maintains an 
     alternative one-call notification program that provides 
     protection for public safety, excavators, and the environment 
     that is equivalent to, or greater than, protection provided 
     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 this chapter, 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 each 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 each 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 each 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 gather information in order to 
     determine which existing one-call notification systems 
     practices appear to be the most effective in protecting the 
     public, excavators, and the environment and in preventing 
     disruptions to public services and damage to underground 
     facilities. As part of the study, the Secretary shall 
     consider, at a minimum--
       ``(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 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 this chapter, 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 each State and operator of one-
     call notification programs to adopt and implement those 
     practices identified in the report that the State determines 
     are the most appropriate.
       ``(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 this chapter.
       ``(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 to provide grants to States 
     under section 6106 $1,000,000 for fiscal year 2000 and 
     $5,000,000 for fiscal year 2001. Such funds shall remain 
     available until expended, .
       ``(b) For Administration.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     to carry out sections 6103, 6104, and 6105 for fiscal years 
     1999, 2000, and 2001.
       ``(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.

     ``Sec. 6108. Relationship to State laws

       ``Nothing in this chapter preempts State law or shall 
     impose a new requirement on any State or mandate revisions to 
     a one-call system.''.
       (b) Conforming Amendment.--The table of chapters for 
     subtitle III of such title is amended by adding at the end 
     thereof the following:
``61. ONE-CALL NOTIFICATION PROGRAMS........................6101''.....

              Subtitle D--Sportfishing and Boating Safety

     SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.

       (a) Short Title.--This subtitle may be cited as the 
     ``Sportfishing and Boating Safety Act of 1998''.
       (b) Amendment of 1950 Act.--Whenever in this subtitle 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. 7402. 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:

[[Page H3891]]

       ``(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 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 Sportfishing and Boating 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 
     and 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. 7403. 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 year 1999.--For fiscal year 1999, of the 
     balance of each annual appropriation remaining after making 
     the distribution under subsection (a), an amount equal to 
     $74,000,000, 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 to the Secretary of 
     the Interior for 3 fiscal years for obligation for qualified 
     projects under section 5604(c) of the Clean Vessel Act of 
     1992 (33 U.S.C. 1322 note).
       ``(B) The balance remaining after the application of 
     subparagraph (A) shall be transferred to the Secretary of 
     Transportation and shall be expended for State recreational 
     boating safety programs under section 13106 of title 46, 
     United States Code.
       ``(3) Fiscal years 2000-2003.--For each of fiscal years 
     2000 through 2003, of the balance of each annual 
     appropriation remaining after making the distribution under 
     subsection (a), an amount equal to $82,000,000, 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 fiscal years for 
     obligation for qualified projects under section 5604(c) of 
     the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
       ``(B) $8,000,000 shall be available for each fiscal year to 
     the Secretary of the Interior for 3 fiscal years for 
     obligation for qualified projects under section 6404(d) of 
     the Sportfishing and Boating Safety Act of 1998.
       ``(C) The balance remaining after the application of 
     subparagraphs (A) and (B) 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.
       ``(4) Transfer of certain funds.--Amounts available under 
     subparagraph (A) of paragraph (2) and subparagraphs (A) and 
     (B) of paragraph (3) that are unobligated by the Secretary of 
     the Interior after 3 fiscal 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. 7404. BOATING INFRASTRUCTURE.

       (a) Purpose.--The purpose of this section is to provide 
     funds to States for the development and maintenance of 
     facilities for transient nontrailerable recreational vessels.
       (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as 
     amended by section 6402, 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 Sportfishing and Boating 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 facilities for transient 
     nontrailerable recreational vessels, and access to those 
     facilities, 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)(3)(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, 
     as amended by this Act, to make grants to any State to pay 
     not more than 75 percent of the cost to a State of 
     constructing, renovating, or maintaining facilities for 
     transient nontrailerable recreational vessels.
       (2) Priorities.--In awarding grants under paragraph (1), 
     the Secretary shall give priority to projects that--

[[Page H3892]]

       (A) consist of the construction, renovation, or maintenance 
     of 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) ``facilities for transient nontrailerable recreational 
     vessels'' includes mooring buoys, day-docks, navigational 
     aids, seasonal slips, safe harbors, or similar structures 
     located on navigable waters, that are available to the 
     general public (as determined by the Secretary of the 
     Interior) 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. 7405. 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)).'';
       (2) in subsection (a)(2), by striking ``appropriated'' and 
     inserting ``available''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Of the amount transferred for each fiscal year to the 
     Secretary of Transportation under paragraphs (2) and (3) of 
     section 4(b) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)), $5,000,000 is available to the Secretary for 
     payment of expenses of the Coast Guard for personnel and 
     activities directly related to coordinating and carrying out 
     the national recreational boating safety program under this 
     title, of which $2,000,000 shall be available to the 
     Secretary only to ensure compliance with chapter 43 of 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.''.

TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET 
                                OFFSETS

      Subtitle A--Transportation Discretionary Spending Guarantee

     SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.

       (a) Establishment of Separate Categories.--Section 251(c) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 is amended as follows:
       (1) FY1999.--In paragraph (3), strike ``and'' at the end of 
     subparagraph (B) and after subparagraph (C) add the following 
     new subparagraphs:
       ``(D) for the highway category: $21,885,000,000 in outlays; 
     and
       ``(E) for the mass transit category: $4,401,000,000 in 
     outlays.
       (2) FY2000.--In paragraph (4), strike ``and'' at the end of 
     subparagraph (A) and at the end add the following new 
     subparagraphs:
       ``(C) for the highway category: $24,436,000,000 in outlays; 
     and
       ``(D) for the mass transit category: $4,761,000,000 in 
     outlays;''.
       (3) FY2001.--In paragraph (5), strike the comma and insert 
     ``--'' after ``2001'', insert ``(A)'' before ``for'' and 
     indent the new subparagraph and move it 2 ems to the right, 
     strike ``and'' at the end of such subparagraph, and at the 
     end add the following new subparagraphs:
       ``(B) for the highway category: $26,204,000,000 in outlays; 
     and
       ``(C) for the mass transit category: $5,190,000,000 in 
     outlays;''.
       (4) FY2002.--In paragraph (6), strike the comma and insert 
     ``--'' after ``2002'', insert ``(A)'' before ``for'', indent 
     the new subparagraph and move it 2 ems to the right, and add 
     at the end the following new subparagraphs:
       ``(B) for the highway category: $26,977,000,000 in outlays; 
     and
       ``(C) for the mass transit category: $5,709,000,000 in 
     outlays; and''.
       (5) FY2003.--After paragraph (6), add the following new 
     paragraph:
       ``(7) with respect to fiscal year 2003--
       ``(A) for the highway category: $27,728,000,000 in outlays; 
     and
       ``(B) for the mass transit category: $6,256,000,000 in 
     outlays;''.
       (b) Offsetting Adjustment in Discretionary Spending 
     Limits.--
       (1) Adjustment of nondefense category for fy1999.--The 
     discretionary spending limit set forth in section 
     251(c)(3)(B) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as adjusted in conformance with section 
     251(b) of that Act, is reduced by $859,000,000 in new budget 
     authority and $25,173,000,000 in outlays.
       (2) Adjustment of discretionary category for fy2000.--The 
     discretionary spending limit set forth in section 
     251(c)(4)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as adjusted in conformance with section 
     251(b) of that Act, is reduced by $859,000,000 in new budget 
     authority and $26,045,000,000 in outlays.
       (3) Adjustment of discretionary spending limit for 
     fy2001.--The discretionary spending limit set forth in 
     section 251(c)(5)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as adjusted in conformance with 
     section 251(b) of that Act, is reduced by $859,000,000 in new 
     budget authority and $26,329,000,000 in outlays.
       (4) Adjustment of discretionary spending limit for 
     fy2002.--The discretionary spending limit set forth in 
     section 251(c)(6)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as adjusted in conformance with 
     section 251(b) of that Act, is reduced by $859,000,000 in new 
     budget authority and $26,675,000,000 in outlays.
       (c) Definitions of Highway Category and Mass Transit 
     Category.--Section 250(c)(4) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended by inserting 
     ``(A)'' after ``(4)'' and by adding at the end the following 
     new subparagraphs:
       ``(B) The term `highway category' refers to the following 
     budget accounts or portions thereof that are subject to the 
     obligation limitations on contract authority set forth in the 
     Transportation Equity Act for the 21st Century:
       ``(i) 69-8083-0-7-401 (Federal-Aid Highways).
       ``(ii) 69-8020-0-7-401 (Highway Traffic Safety Grants).
       ``(iii) 69-8048-0-7-401 (National Motor Carrier Safety 
     Program).
       ``(iv) 69-8016-0-7-401 (Operations and Research NHTSA).
       ``(C) The term `mass transit category' refers to the 
     following budget accounts or portions thereof that are 
     subject to the obligation limitations on contract authority 
     provided in the Transportation Equity Act for the 21st 
     Century and for which appropriations are provided pursuant to 
     authorizations contained in that Act (except that 
     appropriations provided pursuant to section 5338(h) of title 
     49, United States Code, as amended by this section, shall not 
     be included in this category):
       ``(i) 69-8191-0-7-401 (Mass Transit Capital Fund).
       ``(ii) 69-8350-0-7-401 (Trust Fund Share of Expenses).
       ``(iii) 69-1129-0-1-401 (Formula Grants).
       ``(iv) 69-1120-0-1-401 (Administrative expenses).
       ``(v) 69-1136-0-1-401 (University Transportation Centers).
       ``(vi) 69-1137-0-1-401 (Transit Planning and Research).
       ``(D) Special rule.--(i) Any outlays in excess of the 
     discretionary spending limit set forth in section 251(c) for 
     the highway or mass transit category, as adjusted, for the 
     budget year shall be considered nondefense category outlays 
     or discretionary category outlays.
       ``(ii) If the obligation limitations for accounts in the 
     highway or mass transit category provided in an appropriation 
     Act for a fiscal year exceed the obligation limitations set 
     forth in section 8103 of the Transportation Equity Act for 
     the 21st Century for that year, as adjusted, the estimated 
     outlays flowing for each outyear from such excess obligations 
     calculated pursuant to clause (iii) shall be attributed to 
     the discretionary category in that outyear.
       ``(iii) For purposes of clause (ii), outlays from excess 
     obligations shall be determined using the average of the 
     spendout rates for that category in the baseline.''.
       (d) Adjustment to Highway and Mass Transit Categories.--
     Section 251(b)(1) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended by--
       (1) striking ``When'' and inserting:
       ``(A) Concepts and definitions.--When''; and
       (2) adding at the end the following:
       ``(B) Adjustment to align highway spending with revenues.--
     (i) When the President submits the budget under section 1105 
     of title 31, United States Code, OMB shall calculate and the 
     budget shall include adjustments to the highway category for 
     the budget year and each outyear as provided in clause 
     (ii)(I)(cc).
       ``(ii)(I)(aa) OMB shall take the actual level of highway 
     receipts for the year before the current year and subtract 
     the sum of the estimated level of highway receipts in 
     subclause (II) plus any amount previously calculated under 
     item (bb) for that year.
       ``(bb) OMB shall take the current estimate of highway 
     receipts for the budget year and subtract the estimated level 
     of receipts for that year.
       ``(cc) OMB shall take the sum of the amounts calculated 
     under items (aa) and (bb), add that sum to the amount of 
     obligations set forth in section 8103 of the Transportation 
     Equity Act for the 21st Century for the highway category

[[Page H3893]]

     for the budget year, and calculate the outlay change 
     resulting from that change in obligations relative to that 
     amount for the budget year and each outyear using current 
     estimates. After making the calculation under the 
     preceding sentence, OMB shall adjust the amount of 
     obligations set forth in that section for the budget year 
     by adding the sum of the amounts calculated under items 
     (aa) and (bb).
       ``(II) The estimated level of highway receipts for the 
     purposes of this clause are--
       ``(aa) for fiscal year 1998, $22,164,000,000;
       ``(bb) for fiscal year 1999, $32,619,000,000;
       ``(cc) for fiscal year 2000, $28,066,000,000;
       ``(dd) for fiscal year 2001, $28,506,000,000;
       ``(ee) for fiscal year 2002, $28,972,000,000; and
       ``(ff) for fiscal year 2003, $29,471,000,000.
       ``(III) In this clause, the term `highway receipts' means 
     the governmental receipts credited to the highway account of 
     the Highway Trust Fund.
       ``(C)(i) In addition to the adjustment required by 
     subparagraph (B), when the President submits the budget under 
     section 1105 of title 31, United States Code, for fiscal 
     years 2000, 2001, 2002, or 2003, OMB shall calculate and the 
     budget shall include for the budget year and each outyear an 
     adjustment to the limits on outlays for the highway category 
     and the mass transit category equal to--
       ``(I) the outlays for the applicable category calculated 
     assuming obligation levels consistent with the estimates 
     prepared pursuant to subparagraph (D), as adjusted, using 
     current technical assumptions; minus
       ``(II) the outlays for the applicable category set forth in 
     the subparagraph (D) estimates, as adjusted.
       ``(ii) The adjustment made pursuant to clause (i) in the 
     fiscal years 2002 and 2003 budget submissions of the 
     President under section 1105(a) of title 31, United States 
     Code, shall not exceed 4 percent plus cumulative carryovers. 
     In this clause, the term `cumulative carryovers' means the 
     total of each amount by which outlays for the highway and 
     mass transit category for any fiscal year are less than the 
     outlay limit for that category, as adjusted, for that year 
     less any amount of carryover used in the previous year.
       ``(D)(i) When OMB and CBO submit their final sequester 
     report for fiscal year 1999, that report shall include an 
     estimate of the outlays for each of the categories that would 
     result in fiscal years 2000 through 2003 from obligations at 
     the levels specified in section 8103 of the Transportation 
     Equity Act for the 21st Century using current assumptions.
       ``(ii) When the President submits the budget under section 
     1105 of title 31, United States Code, for fiscal years 2000, 
     2001, 2002, or 2003, OMB shall adjust the estimates made in 
     clause (i) by the adjustments by subparagraphs (B) and (C).
       ``(E) OMB shall consult with the Committees on the Budget 
     and include a report on adjustments under subparagraphs (B) 
     and (C) in the preview report.''.
       (e) Enforcement of Guarantee.--Rule XXI of the Rules of the 
     House of Representatives is amended by adding at the end the 
     following new clause:
       ``9. It shall not be in order to consider any bill or joint 
     resolution, or any amendment thereto or conference report 
     thereon, that would cause obligation limitations to be below 
     the level for any fiscal year set forth in section 8103 of 
     the Transportation Equity Act for the 21st Century, as 
     adjusted, for the highway category or the mass transit 
     category, as applicable.''.

     SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT.

       Upon the enactment of this Act, the Director of the Office 
     of Management and Budget shall not make any estimates under 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 of changes in direct spending outlays and 
     receipts for any fiscal year resulting from this title.

     SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.

       (a) Highway Category.--For the purposes of section 251(b) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the level of obligation limitations for the highway 
     category is--
       (1) for fiscal year 1999, $25,883,000,000;
       (2) for fiscal year 2000, $26,629,000,000;
       (3) for fiscal year 2001, $27,158,000,000;
       (4) for fiscal year 2002, $27,767,000,000; and
       (5) for fiscal year 2003, $28,233,000,000.
       (b) Mass Transit Category.--For the purposes of section 
     251(b) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985, the level of obligation limitations for the mass 
     transit category is--
       (1) for fiscal year 1999, $5,365,000,000;
       (2) for fiscal year 2000, $5,797,000,000;
       (3) for fiscal year 2001, $6,271,000,000;
       (4) for fiscal year 2002, $6,747,000,000; and
       (5) for fiscal year 2003, $7,226,000,000.
       For purposes of this subsection, the term ``obligation 
     limitations'' means the sum of budget authority and 
     obligation limitations.

                     Subtitle B--Veterans' Benefits

     SEC. 8201. SHORT TITLE.

       This subtitle may be cited as the ``Veterans Benefits Act 
     of 1998''.

     SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION 
                   FOR DISABILITIES RELATING TO USE OF TOBACCO 
                   PRODUCTS.

       (a) Wartime Disability Compensation.--Section 1110 of title 
     38, United States Code, is amended by striking out ``or abuse 
     of alcohol or drugs'' and inserting in lieu thereof ``, abuse 
     of alcohol or drugs, or use of tobacco products''.
       (b) Peacetime Disability Compensation.--Section 1131 of 
     such title is amended by striking out ``or abuse of alcohol 
     or drugs'' and inserting in lieu thereof ``, abuse of alcohol 
     or drugs, or use of tobacco products''.
       (c) Applicability.--(1) Except as provided in paragraph 
     (2), the amendments made by this section shall apply to any 
     claims for compensation received by the Secretary of Veterans 
     Affairs before, on, or after the date of enactment of this 
     Act.
       (2) The amendments made by this section shall not apply in 
     the case of any such claims adjudicated by the Secretary 
     before such date of enactment for which a service-connection 
     was established for a disability on the basis of the use of 
     tobacco products.

     SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC 
                   EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI 
                   BILL.

       (a) Active Duty Educational Assistance.--
       (1) Increase in rates.--Section 3015 of title 38, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking out ``$400'' and 
     inserting in lieu thereof ``$528 (as increased from time to 
     time under subsection (g))''; and
       (B) in subsection (b)(1), by striking out ``$325'' and 
     inserting in lieu thereof ``$429 (as increased from time to 
     time under subsection (g))''.
       (2) CPI adjustment.--Subsection (g) of such section is 
     amended by striking out ``beginning on or after October 1, 
     1994'' and all that follows through ``such rates'' and 
     inserting in lieu thereof ``, the Secretary shall provide a 
     percentage increase (rounded to the nearest dollar) in the 
     rates payable under subsections (a)(1) and (b)(1)''.
       (3) Technical amendments.--Such section is further 
     amended--
       (A) in subsection (a), by striking out ``subsections (b), 
     (c), (d), (e), (f), and (g) of'' in the matter preceding 
     paragraph (1); and
       (B) in subsection (b)--
       (i) by striking out ``Except as provided in subsections 
     (c), (d), (e), (f), and (g), in'' and inserting in lieu 
     thereof ``In''; and
       (ii) by inserting ``(except as provided in the succeeding 
     subsections of this section)'' after ``under this chapter 
     shall''.
       (4) Effective dates.--The amendments made by this 
     subsection shall take effect on October 1, 1998, and shall 
     apply with respect to educational assistance allowances paid 
     for months after September 1998. However, no adjustment in 
     rates of educational assistance shall be made under 
     subsection (g) of section 3015 of title 38, United States 
     Code, as amended by paragraph (2), for fiscal year 1999.
       (b) Selected Reserve Educational Assistance.--
       (1) Increase in rates.--Paragraph (1) of section 16131(b) 
     of title 10, United States Code, is amended--
       (A) in subparagraph (A), by striking out ``$190'' and 
     inserting in lieu thereof ``$251 (as increased from time to 
     time under paragraph (2))'';
       (B) in subparagraph (B), by striking out ``$143'' and 
     inserting in lieu thereof ``$188 (as increased from time to 
     time under paragraph (2))''; and
       (C) in subparagraph (C), by striking out ``$95'' and 
     inserting in lieu thereof ``$125 (as increased from time to 
     time under paragraph (2))''.
       (2) CPI adjustment.--Paragraph (2) of such section is 
     amended by striking out ``beginning on or after October 1, 
     1994'' and all that follows through ``such rates'' and 
     inserting in lieu thereof ``, the Secretary shall provide a 
     percentage increase (rounded to the nearest dollar) in the 
     rates payable under subparagraphs (A), (B), and (C) of 
     paragraph (1)''.
       (3) Technical amendment.--Paragraph (1) of such section is 
     further amended by striking out ``in paragraph (2) and''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 1998, and shall apply with 
     respect to educational assistance allowances paid for months 
     after September 1998. However, no adjustment in rates of 
     educational assistance shall be made under paragraph (2) of 
     section 16131(b) of title 10, United States Code, as amended 
     by paragraph (2), for fiscal year 1999.

     SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY 
                   ADAPTED HOUSING.

       (a) In General.--Section 2102 of title 38, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1) of subsection 
     (a), by striking out ``$38,000'' and inserting in lieu 
     thereof ``$43,000''; and
       (2) in subsection (b)(2), by striking out ``$6,500'' and 
     inserting in lieu thereof ``$8,250''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to limitations under section 2102 of 
     such title on assistance furnished to a veteran under section 
     2101 of such title on or after October 1, 1998.

     SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE 
                   AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED 
                   VETERANS.

       (a) In General.--Section 3902(a) of title 38, United States 
     Code, is amended by striking out ``$5,500'' and inserting in 
     lieu thereof ``$8,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to assistance furnished under 
     section 3902 of such title on or after October 1, 1998.

     SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS 
                   ELIGIBLE FOR PENSION.

       Effective October 1, 1998, the maximum annual rates of 
     pension in effect as of September 30, 1998, under the 
     following provisions of chapter 15 of title 38, United States 
     Code, are increased by $600:
       (1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of 
     section 1521.
       (2) Section 1536(d)(2).

     SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES 
                   FOR REINSTATEMENT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION UPON TERMINATION OF THAT 
                   REMARRIAGE.

       (a) Restoration of Prior Eligibility.--Section 1311 of 
     title 38, United States Code, is amended by adding at the end 
     the following new subsection:

[[Page H3894]]

       ``(e)(1) The remarriage of the surviving spouse of a 
     veteran shall not bar the furnishing of dependency and 
     indemnity compensation to such person as the surviving spouse 
     of the veteran if the remarriage is terminated by death, 
     divorce, or annulment unless the Secretary determines that 
     the divorce or annulment was secured through fraud or 
     collusion.
       ``(2) If the surviving spouse of a veteran ceases living 
     with another person and holding himself or herself out openly 
     to the public as that person's spouse, the bar to granting 
     that person dependency and indemnity compensation as the 
     surviving spouse of the veteran shall not apply.
       ``(3) The first month of eligibility for payment of 
     dependency and indemnity compensation to a surviving spouse 
     by reason of this subsection shall be the later of the month 
     after--
       ``(A) the month of the termination of such remarriage, in 
     the case of a surviving spouse described in paragraph (1); or
       ``(B) the month of the cessation described in paragraph 
     (2), in the case of a surviving spouse described in that 
     paragraph.''.
       (b) Effective Date.--No payment may be made by reason of 
     section 1311(e) of title 38, United States Code, as added by 
     subsection (a), for any month before October 1998.

     SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR 
                   DEPARTMENT OF DEFENSE SPECIAL SEPARATION 
                   BENEFIT PROGRAM.

       The amendment made by section 653 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2583) to subsection (h)(2) of section 1174 of title 
     10, United States Code, shall apply to any payment of 
     separation pay under the special separation benefits program 
     under section 1174a of that title that was made during the 
     period beginning on December 5, 1991, and ending on September 
     30, 1996.

     SEC. 8209. SENSE OF CONGRESS CONCERNING RECOVERY FROM TOBACCO 
                   COMPANIES OF COSTS OF TREATMENT OF VETERANS FOR 
                   TOBACCO-RELATED ILLNESSES.

       It is the sense of the Congress--
       (1) that the Attorney General or the Secretary of Veterans 
     Affairs, as appropriate, should take all steps necessary to 
     recover from tobacco companies amounts corresponding to the 
     costs which would be incurred by the Department of Veterans 
     Affairs for treatment of tobacco-related illnesses of 
     veterans, if such treatment were authorized by law; and
       (2) that the Congress should authorize by law the treatment 
     of tobacco-related illnesses of veterans upon the recovery of 
     such amounts.

             Subtitle C--Temporary Student Loan Provision.

     SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.

       (a) FFEL Interest Rates.--
       (1) Amendment.--Section 427A of the Higher Education Act of 
     1965 (20 U.S.C. 1077a) is amended--
       (A) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (B) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Interest Rates for New Loans Between July 1, 1998 and 
     October  1, 1998.--
       ``(1) In general.--Notwithstanding subsection (h), but 
     subject to paragraph (2), with respect to any loan made, 
     insured, or guaranteed under this part (other than a loan 
     made pursuant to section 428B or 428C) for which the first 
     disbursement is made on or after July 1, 1998, and before 
     October 1, 1998, the applicable rate of interest shall, 
     during any 12-month period beginning on July 1 and ending on 
     June 30, be determined on the preceding June 1 and be equal 
     to--
       ``(A) the bond equivalent rate of 91-day Treasury bills 
     auctioned at the final auction held prior to such June 1; 
     plus
       ``(B) 2.3 percent,

     except that such rate shall not exceed 8.25 percent.
       ``(2) In school and grace period Rules.--Notwithstanding 
     subsection (h), with respect to any loan under this part 
     (other than a loan made pursuant to section 428B or 428C) for 
     which the first disbursement is made on or after July 1, 
     1998, and before October 1, 1998, the applicable rate of 
     interest for interest which accrues--
       ``(A) prior to the beginning of the repayment period of the 
     loan; or
       ``(B) during the period in which principal need not be paid 
     (whether or not such principal is in fact paid) by reason of 
     a provision described in section 428(b)(1)(M) or 
     427(a)(2)(C),

     shall be determined under paragraph (1) by substituting `1.7 
     percent' for `2.3 percent'.
       ``(3) PLUS loans.--Notwithstanding subsection (h), with 
     respect to any loan under section 428B for which the first 
     disbursement is made on or after July 1, 1998, and before 
     October 1, 1998, the applicable rate of interest shall, 
     during any 12-month period beginning on July 1 and ending on 
     June 30, be determined on the preceding June 1 and be equal 
     to the lesser of--
       ``(A)(i) the bond equivalent rate of 91-day Treasury bills 
     auctioned at the final auction held prior to such June 1; 
     plus
       ``(ii) 3.1 percent; or
       ``(B) 9.0 percent.
       ``(4) Consultation.--The Secretary shall determine the 
     applicable rate of interest under this subsection after 
     consultation with the Secretary of the Treasury and shall 
     publish such rate in the Federal Register as soon as 
     practicable after the date of determination.''.
       (2) Conforming amendment.--Section 428B(d)(4) (20 U.S.C. 
     1078-2(d)(4)) is amended by striking ``section 427A(c)'' and 
     inserting ``section 427A for loans made under this section''.
       (b) Special Allowances.--
       (1) Amendment.--Section 438(b)(2) of the Higher Education 
     Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by adding at 
     the end the following new subparagraph:
       ``(G) Loans disbursed between july 1, 1998, and october 1, 
     1998.--
       ``(i) In general.--Subject to paragraph (4) and clauses 
     (ii), (iii), and (iv) of this subparagraph, and except as 
     provided in subparagraph (B), the special allowance paid 
     pursuant to this subsection on loans for which the first 
     disbursement is made on or after July 1, 1998, and before 
     October 1, 1998, shall be computed--
       ``(I) by determining the average of the bond equivalent 
     rates of 91-day Treasury bills auctioned for such 3-month 
     period;
       ``(II) by subtracting the applicable interest rates on such 
     loans from such average bond equivalent rate;
       ``(III) by adding 2.8 percent to the resultant percent; and
       ``(IV) by dividing the resultant percent by 4.
       ``(ii) In school and grace period.--In the case of any loan 
     for which the first disbursement is made on or after July 1, 
     1998, and before October 1, 1998, and for which the 
     applicable rate of interest is described in section 
     427A(j)(2), clause (i)(III) of this subparagraph shall be 
     applied by substituting `2.2 percent' for `2.8 percent'.
       ``(iii) PLUS loans.--In the case of any loan for which the 
     first disbursement is made on or after July 1, 1998, and 
     before October 1, 1998, and for which the applicable rate of 
     interest is described in section 427A(j)(3), clause (i)(III) 
     of this subparagraph shall be applied by substituting `3.1 
     percent' for `2.8 percent', subject to clause (v) of this 
     subparagraph.
       ``(iv) Consolidation loans.--This subparagraph shall not 
     apply in the case of any consolidation loan.
       ``(v) Limitation on special allowances for PLUS loans.--In 
     the case of PLUS loans made under section 428B and disbursed 
     on or after July 1, 1998, and before October 1, 1998, for 
     which the interest rate is determined under 427A(j)(3), a 
     special allowance shall not be paid for such loan for such 
     unless the rate determined under subparagraph (A) of such 
     section (without regard to subparagraph (B) of such section) 
     exceeds 9.0 percent.''.
       (2) Conforming amendments.--Section 438(b)(2) of such Act 
     is further amended--
       (A) in subparagraph (A), by striking ``(E), and (F)'' and 
     inserting ``(E), (F), and (G)'';
       (B) in subparagraph (B)(iv), by striking ``(E), or (F)'' 
     and inserting ``(E), (F), or (G)''; and
       (C) in subparagraph (C)(ii), by striking ``In the case'' 
     and inserting ``Subject to subparagraph (G), in the case''.
       (c) Direct Loan Interest Rates.--Section 455(b) (20 U.S.C. 
     1087e(b)) is amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Temporary interest rate provision.--
       ``(A) Rates for fdsl and fdusl.--Notwithstanding the 
     preceding paragraphs of this subsection, for Federal Direct 
     Stafford Loans and Federal Direct Unsubsidized Stafford Loans 
     for which the first disbursement is made on or after July 1, 
     1998, and before October 1, 1998, the applicable rate of 
     interest shall, during any 12-month period beginning on July 
     1 and ending on June 30, be determined on the preceding June 
     1 and be equal to--
       ``(i) the bond equivalent rate of 91-day Treasury bills 
     auctioned at the final auction held prior to such June 1; 
     plus
       ``(ii) 2.3 percent,

     except that such rate shall not exceed 8.25 percent.
       ``(B) In school and grace period rules.--Notwithstanding 
     the preceding paragraphs of this subsection, with respect to 
     any Federal Direct Stafford Loan or Federal Direct 
     Unsubsidized Stafford Loan for which the first disbursement 
     is made on or after July 1, 1998, and before October 1, 1998, 
     the applicable rate of interest for interest which accrues--
       ``(i) prior to the beginning of the repayment period of the 
     loan; or
       ``(ii) during the period in which principal need not be 
     paid (whether or not such principal is in fact paid) by 
     reason of a provision described in section 428(b)(1)(M) or 
     427(a)(2)(C),
     shall be determined under subparagraph (A) by substituting 
     `1.7 percent' for `2.3 percent'.
       ``(C) PLUS loans.--Notwithstanding the preceding paragraphs 
     of this subsection, with respect to Federal Direct PLUS Loan 
     for which the first disbursement is made on or after July 1, 
     1998, and before October 1, 1998, the applicable rate of 
     interest shall be determined under subparagraph (A)--
       ``(i) by substituting `3.1 percent' for `2.3 percent'; and
       ``(ii) by substituting `9.0 percent' for `8.25 percent'.''.

              Subtitle D--Block Grants for Social Services

     SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.

       (a) Reduction of Grants.--Section 2003(c) of the Social 
     Security Act (42 U.S.C. 1397b(c)) is amended by striking 
     paragraphs (7) and (8) and inserting the following:
       ``(7) $2,380,000,000 for the fiscal year 1997;
       ``(8) $2,380,000,000 for the fiscal year 1998;
       ``(9) $2,380,000,000 for the fiscal year 1999;
       ``(10) $2,380,000,000 for the fiscal year 2000; and
       ``(11) $1,700,000,000 for the fiscal year 2001 and each 
     fiscal year thereafter.''.
       (b) Limitation on Amount of TANF Funds Transferable.--
     Section 404(d)(2) of the Social Security Act (42 U.S.C. 
     604(d)(2)) is amended to read as follows:
       ``(2) Limitation on amount transferable to title xx 
     programs.--
       ``(A) In general.--A State may use not more than the 
     applicable percent of the amount of any grant made to the 
     State under section 403(a) for a fiscal year to carry out 
     State programs pursuant to title XX.

[[Page H3895]]

       ``(B) Applicable percent.--For purposes of subparagraph 
     (A), the applicable percent is 4.25 percent in the case of 
     fiscal year 2001 and each succeeding fiscal year.''.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 1998.

         TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

     SEC. 901. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This title may be cited as the ``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. 902. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.

       (a) Extension of Taxes.--
       (1) In general.--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 of tax on 
     heavy trucks and trailers).
       (E) Section 4071(d) (relating to termination of tax on 
     tires).
       (F) Section 4081(d)(1) (relating to termination of tax on 
     gasoline, diesel fuel, and kerosene).
       (G) Section 4481(e) (relating to period tax in effect).
       (H) Section 4482(c)(4) (relating to taxable period).
       (I) Section 4482(d) (relating to special rule for taxable 
     period in which termination date occurs).
       (2) Other provisions.--
       (A) Floor stocks refunds.--Section 6412(a)(1) (relating to 
     floor stocks refunds) is amended--
       (i) by striking ``1999'' each place it appears and 
     inserting ``2005'', and
       (ii) by striking ``2000'' each place it appears and 
     inserting ``2006''.
       (B) Installment payments of highway use tax.--Section 
     6156(e)(2) (relating to installment payments of highway use 
     tax on use of highway motor vehicles) is amended by striking 
     ``1999'' and inserting ``2005''.
       (b) Extension of Certain Exemptions.--The following 
     provisions are each amended by striking ``1999'' and 
     inserting ``2005'':
       (1) Section 4221(a) (relating to certain tax-free sales).
       (2) Section 4483(g) (relating to termination of exemptions 
     for highway use tax).
       (c) Extension of Deposits Into, and Certain Transfers From, 
     Trust Fund.--
       (1) In general.--Subsection (b), and paragraphs (2) and (3) 
     of subsection (c), of section 9503 (relating to the Highway 
     Trust Fund) are each amended--
       (A) by striking ``1999'' each place it appears and 
     inserting ``2005'', and
       (B) by striking ``2000'' each place it appears and 
     inserting ``2006''.
       (2) Motorboat and small-engine fuel tax transfers.--
       (A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section 
     9503(c) are each amended by striking ``1998'' and inserting 
     ``2005''.
       (B) Conforming amendments to land and water conservation 
     fund.--Section 201(b) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-11(b)) is amended--
       (i) by striking ``1997'' and inserting ``2003'', and
       (ii) by striking ``1998'' each place it appears and 
     inserting ``2004''.
       (3) Conforming amendment.--The heading for paragraph (3) of 
     section 9503(c) is amended to read as follows:
       ``(3) Floor stocks refunds.--''.
       (d) Extension and Expansion of Expenditures From Trust 
     Fund.--
       (1) Highway account.--
       (A) Extension of expenditure authority.--Paragraph (1) of 
     section 9503(c) is amended by striking ``1998'' and inserting 
     ``2003''.
       (B) Expansion of purposes.--Paragraph (1) of section 
     9503(c) is amended--
       (i) by striking ``or'' at the end of subparagraph (C), and
       (ii) by striking ``1991.'' in subparagraph (D) and all that 
     follows through the end of paragraph (1) and inserting 
     ``1991, or
       ``(E) authorized to be paid out of the Highway Trust Fund 
     under the Transportation Equity Act for the 21st Century.
     In determining the authorizations under the Acts referred to 
     in the preceding subparagraphs, such Acts shall be applied as 
     in effect on the date of enactment of the Transportation 
     Equity Act for the 21st Century.''.
       (2) Mass transit account.--
       (A) Extension of expenditure authority.--Paragraph (3) of 
     section 9503(e) is amended by striking ``1998'' and inserting 
     ``2003''.
       (B) Expansion of purposes.--Paragraph (3) of section 
     9503(e) is amended--
       (i) by striking ``or'' at the end of subparagraph (A),
       (ii) by adding ``or'' at the end of subparagraph (B), and
       (iii) by striking all that follows subparagraph (B) and 
     inserting:
       ``(C) the Transportation Equity Act for the 21st Century,
     as such section and Acts are in effect on the date of 
     enactment of the Transportation Equity Act for the 21st 
     Century.''.
       (e) Technical Correction Relating to Transfers to Mass 
     Transit Account.--
       (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.
       (f) Clerical Amendments.--
       (1) Paragraph (1) of section 9503(b) is amended by striking 
     subparagraph (C), by striking ``and tread rubber'' in 
     subparagraph (D), and by redesignating subparagraphs (D), 
     (E), and (F) as subparagraphs (C), (D), and (E), 
     respectively.
       (2) Clause (i) of section 9503(c)(2)(A) is amended by 
     adding ``and'' at the end of subclause (II), by striking 
     subclause (III), and by redesignating subclause (IV) as 
     subclause (III).
       (3) Clause (ii) of section 9503(c)(2)(A) is amended by 
     striking ``gasoline, special fuels, and lubricating oil'' 
     each place it appears and inserting ``fuel''.

     SEC. 903. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR 
                   ALCOHOL FUELS.

       (a) Extension of Tax Benefits.--
       (1) Extension.--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 of 
     reduction in tax for qualified methanol and ethanol fuel).
       (B) Section 4041(k)(3) (relating to termination of rates 
     relating to fuels containing alcohol).
       (C) Section 4081(c)(8) (relating to termination of special 
     rate for taxable fuels mixed with alcohol).
       (D) Section 4091(c)(5) (relating to termination of reduced 
     rate of tax for aviation fuel in alcohol mixture, etc.).
       (2) Extension of refund authority.--Paragraph (4) of 
     section 6427(f) (relating to refund for gasoline, diesel 
     fuel, and aviation fuel used to produce certain alcohol 
     fuels), as amended by the Taxpayer Relief Act of 1997, is 
     amended by striking ``1999'' and inserting ``2007''.
       (3) Credit for alcohol used as a fuel.--Paragraph (1) of 
     section 40(e) (relating to termination of credit for alcohol 
     used as a fuel) is amended--
       (A) by striking ``December 31, 2000'' in subparagraph (A) 
     and inserting ``December 31, 2007'', and
       (B) by striking ``January 1, 2001'' and inserting ``January 
     1, 2008''.
       (4) Tariff schedule.--Headings 9901.00.50 and 9901.00.52 of 
     the Harmonized Tariff Schedule of the United States (19 
     U.S.C. 3007) are each amended in the effective period column 
     by striking ``10/1/2000'' each place it appears and inserting 
     ``10/1/2007''.
       (b) Modification.--
       (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:


 
 In the case of any sale or use   The blender amount     The low-proof
      during calendar year:               is:         blender amount 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)(1)(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:

[[Page H3896]]

       ``(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)(C)) 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.

     SEC. 904. MODIFICATIONS TO HIGHWAY TRUST FUND.

       (a) Determination of Trust Fund Balances After September 
     30, 1998.--
       (1) In general.--Section 9503 (relating to Highway Trust 
     Fund) is amended by adding at the end the following new 
     subsection:
       ``(f) Determination of Trust Fund Balances After September 
     30, 1998.--For purposes of determining the balances of the 
     Highway Trust Fund and the Mass Transit Account after 
     September 30, 1998--
       ``(1) the opening balance of the Highway Trust Fund (other 
     than the Mass Transit Account) on October 1, 1998, shall be 
     $8,000,000,000, and
       ``(2) no interest accruing after September 30, 1998, on any 
     obligation held by such Fund shall be credited to such Fund.
     The Secretary shall cancel obligations held by the Highway 
     Trust Fund to reflect the reduction in the balance under this 
     subsection.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 1998.
       (b) Repeal of Limitation on Expenditures Added by Taxpayer 
     Relief Act of 1997.--
       (1) In general.--Subsection (c) of section 9503 (relating 
     to expenditures from Highway Trust Fund) is amended by 
     striking paragraph (7).
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the amendments made by 
     section 901 of the Taxpayer Relief Act of 1997.
       (c) Limitation on Expenditure Authority.--Subsection (b) of 
     section 9503 (relating to transfers to Highway Trust Fund) is 
     amended by adding at the end the following new paragraph:
       ``(6) Limitation on transfers to highway trust fund.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no amount may be appropriated to the Highway Trust Fund on 
     and after the date of any expenditure from the Highway Trust 
     Fund which is not permitted by this section. 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 or 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) before 
     October 1, 2003, in accordance with the provisions of this 
     section.''.
       (d) Modification of Mass Transit Account Rules on 
     Adjustments of Apportionments.--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.''.

     SEC. 905. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST 
                   FUND.

       (a) Increased Transfers.--
       (1) Subparagraph (D) of section 9503(b)(4), as amended by 
     section 911, is amended by striking ``exceeds 11.5 cents per 
     gallon,'' and inserting ``exceeds--
       ``(i) 11.5 cents per gallon with respect to taxes imposed 
     before October 1, 2001,
       ``(ii) 13 cents per gallon with respect to taxes imposed 
     after September 30, 2001, and before October 1, 2003, and
       ``(iii) 13.5 cents per gallon with respect to taxes imposed 
     after September 30, 2003, and before October 1, 2005,''.
       (2) Clause (ii) of section 9503(c)(4)(A) is amended 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.''
       (b) Expansion of Expenditure Authority From Boat Safety 
     Account.--Section 9504(b)(2) (relating to expenditures from 
     Sport Fish Restoration Account) is amended--
       (1) in subparagraph (A) by striking ``October 1, 1988), 
     and'' and inserting ``the date of the enactment of the 
     Transportation Equity Act for the 21st Century),'',
       (2) in subparagraph (B) by striking ``November 29, 1990'' 
     and inserting ``the date of the enactment of the 
     Transportation Equity Act for the 21st Century'', and
       (3) by redesignating subparagraph (B) as subparagraph (C) 
     and by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) to carry out the purposes of section 7404(d) of the 
     Transportation Equity Act for the 21st Century (as in effect 
     on the date of the enactment of such Act), and''.
       (c) Extension and Expansion of Expenditure Authority From 
     Boat Safety Account.--Section 9504(c) (relating to 
     expenditures from Boat Safety Account) is amended--
       (1) by striking ``1998'' and inserting ``2003'', and
       (2) by striking ``October 1, 1988'' and inserting ``the 
     date of enactment of the Transportation Equity Act for the 
     21st Century''.
       (d) Limitation on Expenditure Authority.--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 Transfers to Aquatic Resources Trust 
     Fund.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     amount may be appropriated or paid to any Account in the 
     Aquatic Resources Trust Fund on and after the date of any 
     expenditure from any such Account which is not permitted by 
     this section. 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 or 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.--Paragraph (1) shall 
     not apply to any expenditure to liquidate any contract 
     entered into (or for any amount otherwise obligated) before 
     October 1, 2003, in accordance with the provisions of this 
     section.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 906. 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 ``November 1, 1998'', and
       (2) in subclause (III), by striking ``September 30, 1999'' 
     and inserting ``October 31, 1998''.
       (b) Conforming Amendments.--
       (1) Section 6421(f)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``November 1, 1998'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``October 31, 1998''.
       (2) Section 6427(l)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``November 1, 1998'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``October 31, 1998''.

     SEC. 907. 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
       (2) by striking clause (iv) and inserting 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 103, 130, 133, 144, 149, 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,
       ``(ix) the provision of harbor improvements within the 
     State, and
       ``(x) 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. 908. 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:
       ``(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. 909. SIMPLIFIED FUEL TAX REFUND PROCEDURES.

       (a) In General.--Subparagraph (A) of section 6427(i)(2) is 
     amended to read as follows:

[[Page H3897]]

       ``(A) In general.--If, at the close of any quarter of the 
     taxable year of any person, at least $750 is payable in the 
     aggregate under subsections (a), (b), (d), (h), (l), and (q) 
     of this section and section 6421 to such person with respect 
     to fuel used during--
       ``(i) such quarter, or
       ``(ii) any prior quarter (for which no other claim has been 
     filed) during such taxable year,
     a claim may be filed under this section with respect to such 
     fuel.''.
       (b) Conforming Amendments.--
       (1) Subsection (i) of section 6427 is amended by striking 
     paragraph (4) and by redesignating paragraph (5) as paragraph 
     (4).
       (2) Paragraph (2) of section 6427(k) is amended to read as 
     follows:
       ``(2) Exception.--Paragraph (1) shall not apply to a 
     payment of a claim filed under paragraph (2), (3), or (4) of 
     subsection (i).''.
       (3) Paragraph (2) of section 6421(d) is amended to read as 
     follows:
       ``(2) Exception.--

  ``For payments per quarter based on aggregate amounts payable under 
this section and section 6427, see section 6427(i)(2).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1998.

     SEC. 910. 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) Inflation Adjustment Only After 1999.--
       (1) In general.--Paragraph (6) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(6) Inflation adjustment.--
       ``(A) In general.--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--
       ``(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) Rounding.--If any increase determined under 
     subparagraph (A) is not a multiple of $5, such increase shall 
     be rounded to the next lowest multiple of $5.''.
       (2) Conforming amendments.--Section 132(f)(2) is amended--
       (A) by striking ``$60'' in subparagraph (A) and inserting 
     ``$65'', and
       (B) by striking ``$155'' in subparagraph (B) and inserting 
     ``$175''.
       (3) Effective Date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     1998.
       (c) 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 
     ``$65'' and inserting ``$100''.
       (2) New base period for inflation adjustment.--Subparagraph 
     (A) of section 132(f)(6) is amended by adding at the end the 
     following flush sentence:
     ``In the case of any taxable year beginning in a calendar 
     year after 2002, clause (ii) shall be applied by substituting 
     `calendar year 2001' for `calendar year 1998' for purposes of 
     adjusting the dollar amount contained in paragraph (2)(A).''.
       (3) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2001.

     SEC. 911. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.

       (a) In General.--Section 9511 (relating to National 
     Recreational Trails Trust Fund) is repealed.
       (b) Conforming Amendments.--
       (1) Section 9503(c) is amended by striking paragraph (6).
       (2) Subparagraph (D) of section 9503(b)(4) is amended to 
     read as follows:
       ``(D) in the case of gasoline and special motor fuels used 
     as described in paragraph (4)(D) or (5)(B) of subsection (c), 
     section 4041 or 4081 with respect to so much of the rate of 
     tax as exceeds 11.5 cents per gallon,''.
       (3) The table of sections for subchapter A of chapter 98 is 
     amended by striking the item relating to section 9511.

     SEC. 912. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO 
                   LINE ITEM VETO.

       For purposes of part C of title X of the Congressional 
     Budget and Impoundment Control Act of 1974 (relating to line 
     item veto), the Joint Committee on Taxation has determined 
     that this title does not contain any limited tax benefit (as 
     defined in such part).
       And the Senate agree to the same.

     Pursuant to the order of the House on April 1, 1998, the 
     Speaker appointed the following conferees for consideration 
     of the House bill (except title XI) and the Senate amendment 
     (except title VI), and modifications committed to conference:
     Bud Shuster,
     Thomas E. Petri,
     Sherwood L. Boehlert,
     Jay Kim,
     Stephen Horn,
     Tillie K. Fowler,
     Richard H. Baker,
     Robert W. Ney,
     Jack Metcalf,
     James L. Oberstar,
     Nick Rahall,
     Robert A. Borski,
     Robert E. Wise, Jr.,
     Jim Clyburn,
     Bob Filner,
     As additional conferees from the Committee on Commerce, for 
     consideration of provisions in the House bill and Senate 
     amendment relating to the Congestion Mitigation and Air 
     Quality Improvement Program; and sections 124, 125, 303, and 
     502 of the House bill; and sections 1407, 1601, 1602, 2103, 
     3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment 
     and modifications committed for conference:
     Tom Bliley,
     Michael Bilirakis,
     John D. Dingell,
       Provided that Mr. Tauzin is appointed in lieu of Mr. 
     Bilirakis for consideration of sections 1407, 2103, and 3106 
     of the Senate amendment.
     Billy Tauzin,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of title XXI of the House bill and title VI 
     of the Senate amendment, and modifications committed to 
     conference:
     Jim Nussle,
     Kenny C. Hulshof,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of title XXI of the House bill and title VI 
     of the Senate amendment, and modifications committed to 
     conference:
     Charles B. Rangel,
                                Managers on the Part of the House.

     From the Committee on Environment and Public Works:
     John W. Chafee,
     John Warner,
     Bob Smith,
     Dirk Kempthorne,
     Jim Inhofe,
     Craig Thomas,
     Christopher S. Bond,
     Tim Hutchinson,
     Wayne Allard,
     Max Baucus,
     Daniel Patrick Moynihan,
     Harry Reid,
     Bob Graham,
     Joseph Lieberman,
     Barbara Boxer,
     From the Committee on Finance:
     William V. Roth, Jr.,
     Chuck Grassley,
     Orrin Hatch,
     John Breaux,
     Kent Conrad,
     From the Committee on Banking, Housing, and Urban Affairs:
     Alfonse D'Amato,
     Phil Gramm,
     Paul Sarbanes,
     Chris Dodd,
     From the Committee on Commerce, Science, and Transportation:
     Ernest Hollings,
     From the Committee on the Budget:
     Pete Domenici,
     Don Nickles,
     Patty Murray,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2400) to authorize 
     funds for Federal-aid highways, highway safety programs, and 
     transit programs, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.

                     TITLE I--FEDERAL-AID HIGHWAYS

                     Short Title, Table of Contents

     House bill
       The title of the House bill is the ``Building Efficient 
     Surface Transportation And Equity Act of 1998,'' ``BESTEA.'' 
     Section 1 of the House bill also includes a table of 
     contents.
     Senate amendment
       The title of the Senate amendment is the ``Intermodal 
     Surface Transportation Efficiency Act of 1998,'' of ``ISTEA 
     II.'' Section 1 of the Senate amendment also includes a table 
     of contents for the bill.
     Conference substitute
       The Conference adopts a substitute provision. The title of 
     the bill is ``Transportation Equity Act for the 21st 
     Century'' or ``TEA 21.''

[[Page H3898]]

                              Definitions

     House bill
       The House bill includes definitions for two terms in the 
     free-standing provisions. The term ``Interstate System'' has 
     the meaning given the term by section 101 of title 23 of the 
     United States Code. The term ``Secretary'' is the Secretary 
     of Transportation.
     Senate amendment
       For the purpose of the free-standing provisions, the Senate 
     amendment defines the term ``Secretary'' as the Secretary of 
     Transportation.
     Conference substitute
       The conference adopts the House provision.

                             Savings Clause

     House bill
       The House bill provides that amendments made by this Act 
     shall not affect any apportionment or allocations of any 
     funds that occurred before the date of enactment of this Act 
     unless the bill specifically directs that the allocation or 
     apportionment be modified.
     Senate amendment
       The Senate amendment contains no provision similar to the 
     House savings clause.
     Conference substitute
       The Conference does not include the House provision.

                         Amendments to Title 23

     House bill
       Section 101 of the House bill directs that each amendment 
     in the bill, or repeal of a section or other provision of 
     law, is an amendment to title 23 of the United States Code 
     unless the bill states otherwise.
     Senate amendment
       The Senate amendment contains no provision comparable to 
     the Hose provision.
     Conference substitute
       The conference report adopts the House provision.

                        Short Title for Title I

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       The Senate amendment includes a short title for the first 
     title of the bill covering highway programs. This title may 
     be cited as the ``Surface Transportation Act of 1998''.
     Conference substitute
       The conference report does not include the Senate 
     provision.

                  Division or Segmentation of Projects

     House bill
       The House bill authorizes a State carrying out a project 
     with Federal funds to divide or segment the project provided 
     that the division or segmentation complies with the 
     requirements of the National Environmental Policy Act of 
     1969.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision. This provision 
     clarifies that by listing high priority projects in 
     subsection 127(c) of this Act and similar projects in 
     previous legislation, Congress is establishing the limits of 
     the projects for purposes of eligibility for associated 
     Federal-aid highway funding. The listing or identification of 
     a project is not intended to define the scope of the project 
     for purposes of complying with all Federal requirements, 
     including those of the National Environmental Policy Act 
     (NEPA). As the associated Federal-aid highway funding for 
     these projects typically is not sufficient to finance the 
     Federal share of all improvements within the project limits, 
     Congress recognizes that a State needs the flexibility to 
     advance logical segments of the overall project. Any segment 
     of a project must still have to connect logical termini, have 
     independent utility, and not restrict consideration of 
     alternatives for other reasonably foreseeable transportation 
     improvements. This provision does not waive safety or 
     contracting requirements for the underlying segment.
       In the case of the South Lawrence Trafficway in Kansas, the 
     State may advance the segment between U.S. 59 and Kansas 
     Route 10 as a non-Federally funded project without triggering 
     NEPA.

          Technical Amendment Metropolitan Planning Set Aside

     House bill
       Section 104(e) amends the metropolitan planning set aside 
     provision of section 104(f) of title 23, United States Code 
     by deleting the references to outdated funding programs and 
     providing that the set aside shall not be deducted from funds 
     for the Recreational Trails Program.
     Senate amendment
       Section 1112(b)(1) makes minor technical amendments to the 
     metropolitan planning set aside provision in section 104(f) 
     of title 23, United States Code.
     Conference substitute
       The Conference adopts the House provision.

                    Audits of the Highway Trust Fund

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1102(e) amends section 104(i) of title 23, United 
     States Code to authorize the Secretary to use administrative 
     funds to reimburse the Office of Inspector General of the 
     Department of Transportation for annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code.
     Conference substitute
       The Conference adopts the Senate provision.

                          Notice to the States

     House bill
       Section 104(d) makes technical corrections to section 104 
     of title 23, United States Code. It also directs the 
     Secretary to transmit to Congress within 21 days a written 
     statement setting forth the reason for not making an 
     apportionment in a timely manner. This section has been 
     included in response to the withholding of apportionments in 
     fiscal year 1997. The apportionments were held up for several 
     months due to an error in crediting receipts into the Highway 
     Trust Fund. Ultimately, a correction was made resulting in 
     the redistribution of nearly $1 billion in federal-aid 
     highway funds. The withholding was done administratively. 
     This amendment would require a written explanation of any 
     withholding in the future.
     Senate amendment
       Section 1102(f)(1) makes technical corrections to section 
     104 of title 23, United States Code.
     Conference substitute
       The Conference adopts the House provision.

                          Technical Amendments

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1102(f)(1) and (2) make technical corrections to 
     section 104 of title 23, United States Code.
     Conference substitute
       The Conference adopts the Senate provision.

                         Repeal of Section 150

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1102(g)(2) repeals section 150 of title 23, United 
     States Code. Section 150 provided for the allocation of funds 
     based on an outdated concept of urban systems.
     Conference substitute
       The Conference adopts the Senate provision.

           Surface Transportation Obligations in Urban Areas

     House bill
       Subsection 108(g) extends the current provision in 
     subsection 133(f) requiring the proportional obligation of 
     surface transportation program funds made available for urban 
     areas over the period from 1998 through 2003.
     Senate amendment
       Section 1104 continues current procedure in subsection 
     133(f) of title 23, United States Code regarding the sub-
     allocation of surface transportation program (``STP'') funds 
     to urbanized areas. The purpose of this requirement is to 
     ensure that the obligation rate of the STP funds for 
     urbanized areas within a State is consistent with the larger 
     obligation rate for all Federal-aid highway apportionments 
     within the State. This section amends current law to require 
     States to comply with obligation rates over two equal three-
     year periods, as opposed to the existing requirement of 
     complying over a single six-year period.
     Conference substitute
       The Conference adopts the Senate provision.

                            Emergency Relief

     House bill
       Section 117(a)(1) makes several technical corrections to 
     the Federal share payable section under the Emergency Relief 
     Program.
     Senate amendment
       Section 1105 restates the eligibility for highway and 
     bridge projects and the funding requirements for the 
     emergency relief (``ER'') program. ER funds can be used only 
     for emergency repairs done to restore essential highway 
     traffic, to minimize the extent of damage resulting from a 
     natural disaster or catastrophic failure, or to protect the 
     remaining facility. The Secretary is also authorized to 
     borrow amounts necessary from any program under title 23 for 
     emergency relief work. Any additional funds used shall be 
     reimbursed with future ER appropriations. The purpose of 
     allowing the Secretary to borrow funds from title 23 programs 
     is to provide a ``cushion'' to allow project work to continue 
     if all ER program funds are used. This section also amends 
     current law, which limits the availability of ER funds to two 
     years, to make them available until expended.
     Conference substitute
       The Conference adopts the Senate provision.

                        Access to Kennedy Center

     House bill
       Section 117(e) requires the Secretary, in cooperation with 
     the District of Columbia,

[[Page H3899]]

     the John F. Kennedy Center for the Performing Arts, and the 
     Department of the Interior, and in consultation with other 
     interested persons, to conduct a study of methods to 
     improve pedestrian and vehicular access to the John F. 
     Kennedy Center for the Performing Arts. The bill 
     authorizes $500,000 to be taken out of the Highway Trust 
     fund for the study.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.

                   Smithsonian Transportation Program

     House bill
       Section 117(f) provides assistance to the Smithsonian 
     Institute for transportation-related activities, including 
     exhibitions and educational outreach programs, the 
     acquisition of transportation-related artifacts, and 
     transportation-related research programs. The bill authorizes 
     $5 million annually for this assistance.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitution
       The Conference adopts the House provision with a reduction 
     in the annual authorization to $1 million.

                          Recreational Trails

     House bill
       Section 114 codifies the Recreational Trails Program 
     authorized in ISTEA as Section 205 of Title 23. The program 
     distributes to States a portion of gas tax revenues 
     attributable to non-highway use for trail projects. The 
     Secretary is required to administer this program for the 
     purpose of providing and maintaining recreational trails. The 
     Federal share for the program is 50 percent of cost. Certain 
     other Federal programs can be used as matching funds. 
     Eligible costs include educational programs, the development, 
     construction and rehabilitation of trails, and the 
     acquisition of easements. The existing ISTEA provision 
     relating to recreational trails is repealed. The Secretary is 
     to encourage the use of youth conservation or service corps 
     in completing appropriate trails projects.
       The 30 percent figures under the Assured Access to Funds 
     requirement and the 40 percent figure under the Diversified 
     Trail Use requirement are minimum requirements that could be 
     exceeded. States should not treat their projects as if they 
     were meeting three mutually exclusive categories. There can 
     be overlap between the Diversified Trail use requirement and 
     the Assured Access requirements. There should be diversified 
     motorized use projects, diversified non-motorized use 
     projects, and projects that benefit both motorized and non-
     motorized use simultaneously.
     Senate amendment
       Section 1107 continues the existing Recreational Trails 
     Program. Under this provision, the Recreational Trails 
     Program is to be funded through contract authority from the 
     Highway Trust Fund. The annual contract authority is as 
     follows: $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. The provision of 
     current law relating to the National Recreational Trails 
     funding is repealed.
       The Federal share payable for projects under the 
     Recreational Trails Program is increased from 50 percent to 
     80 percent. In addition to the Department of Transportation, 
     other Federal agencies may contribute additional funds for a 
     Recreational Trails project. However, the Department of 
     Transportation share for any individual project may not 
     exceed 80 percent; the combined share of all Federal agencies 
     may not exceed 95 percent. The Federal share for this program 
     is consistent with the Federal share available for other 
     Federal-aid projects.
       This section retains the current requirement regarding the 
     States' use of annual apportionments: at least 30 percent of 
     Federal funds must be used to facilitate non-motorized 
     recreation; another 30 percent of the funds must be used for 
     motorized recreational purposes. A State must use the 
     remaining amount of funds for diverse recreational purposes, 
     including both motorized and nonmotorized recreational trail 
     use. Experience with implementing Recreational Trail projects 
     in the past has shown that project sponsors for nonmotorized 
     trail projects were significantly disadvantaged in meeting 
     the higher non-Federal matching requirements.
       To the extent practicable and consistent with other 
     requirements, States are to give consideration to projects 
     that benefit the natural environment or mitigate and minimize 
     impacts to the environment.
       The amount that the Secretary may deduct to pay the costs 
     for administration of the program is reduced from three 
     percent to one percent.
     Conference substitute
       The Conference substitute adopts the Senate language with 
     several modifications. The substitute clarifies that a State 
     may use funds appropriated under this section for 
     construction of new trails only if the construction is 
     permissible under some other law or is otherwise required by 
     a statewide comprehensive outdoor recreational plan in effect 
     required by the Land and Water Conservation Found Act. It 
     places a cap on the amount that a state can expend on 
     educational programs to promote safety and environmental 
     protection at 5% of annual apportionments.
       The substitute provision also modifies existing law to 
     exclude all small states with a total land area of less than 
     3,500,000 acres from the requirement to expend annual 
     apportionments for trails and trails related projects in a 
     ratio of 40% diverse use, 30% motorized use and 30% 
     nonmotorized use. The substitute further provides that a 
     State trail advisory committee may waive the trails diversity 
     requirement if the State notifies the Secretary that the 
     State does not have sufficient projects to meet the diversity 
     requirements.
       It adds a new section which allows States to make grants 
     under section 104(h) to private organizations, municipal, 
     county, state and Federal governmental entities after 
     considering guidance from the recreational advisory committee 
     for uses consistent with this section.

         Termination of Recreational Trails Advisory Committee

     House bill
       Subsection 114(d) terminates the Recreational Trail 
     Advisory Committee by the end of fiscal year 2000.
     Senate amendment
       Section 1208(c) terminates the National Recreational Trails 
     Advisory Committee as soon as is practicable. The Advisory 
     Committee was established in ISTEA and tasked to (1) review 
     the allocation and utilization of moneys under the 
     Recreational Trails program; (2) establish review criteria 
     for trail-side and trail-head facilities; and (3) recommend 
     changes in Federal policy to advance the purposes of the 
     program. The Advisory Committee has completed these tasks and 
     is no longer necessary. This provision does not affect the 
     State advisory committees that are responsible for 
     implementing the Recreational Trails Program.
     Conference substitute
       The Conference adopts the House provision.

               Encouragement of Youth Conservation Corps

     House bill
       Subsection 114(c) encourages the use of qualified youth 
     conservation or service corps to construct and maintain 
     recreational trail projects.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.

                      Value Pricing Pilot Program

     House bill
       Section 119 establishes a variable pricing pilot program. 
     The Secretary may enter into cooperative agreements with up 
     to 15 States to conduct and monitor the pilot projects. The 
     Federal share for a pilot program is 80 percent of the total 
     cost of the program, although the Federal share for any 
     portion of a project may be up to 100 percent. The provision 
     authorizes full Federal participation in the start-up, 
     development, and pre-implementation costs associated with a 
     pilot program for up to three years.
       Single occupancy vehicles that are part of a pilot program 
     may operate in high occupancy vehicle (HOV) lanes.
       Pilot programs must include an analysis of how the program 
     affects low income drivers.
     Senate amendment
       Section 1108 renames the congestion pricing pilot program 
     as the value pricing pilot program and codifies the program 
     in title 23, United States Code.
       A number of States and local governments have used funds 
     provided under ISTEA to complete feasibility studies and 
     implementation of value pricing projects. This section 
     provides funding and additional flexibility to allow States 
     to continue to implement these projects. In addition, it 
     expands the program, increasing the number of pilot programs 
     eligible for funding from five to 15, and lifting the 
     restriction that only three projects can be conducted on the 
     Interstate System. Funds available under this section may be 
     used for all pre-implementation and design costs to give 
     States more flexibility to study options for different types 
     of value pricing projects.
       This section also includes an exemption from the HOV 
     requirement of Section 102(b) of title 23 to permit single 
     occupancy vehicles to operate in HOV lanes if the vehicles 
     are part of a value pricing program.
       It is expected that each value pricing project will include 
     a thorough evaluation of the project's effects, including its 
     impacts on congestion, air quality, transit use, and other 
     social and economic effects.
     Conference substitute
       The Conference adopts the Senate provision with two 
     modifications. First, it prohibits federal funding of pre-
     implementation, development and startup costs after three 
     years as provided in the House bill. Second, it requires each 
     pilot program to include, where appropriate, an analysis of 
     the impact of the program on low income drivers.

                    Highway Use Tax Evasion Projects

     House bill
       Section 122 amends section 1040 to specify that all funds 
     provided for this program are

[[Page H3900]]

     contract authority. It requires funding provided under this 
     section to be used to create an automated fuel reporting 
     system to improve the tracking of motor fuels subject to 
     Federal and state excuse taxes.
     Senate amendment
       Section 1109 eliminates two obsolete tax evasion study 
     requirements in current law. It eliminates the annual report 
     on motor fuel tax enforcement activities and the report on 
     the feasibility and desirability of using dye and markers to 
     aid in motor fuel tax enforcement activities.
       This section codifies and expands the successful tax 
     evasion program in section 1040 of ISTEA. It provides $5 
     million in contract authority for each of fiscal years 1998 
     through 2003 to continue joint FHWA-IRS-State motor fuel tax 
     compliance projects across the Nation, as established in 
     section 1040 of ISTEA. All costs of tax evasion projects are 
     to be paid by the Federal Government.
       This section also authorizes an additional $8 million for 
     the Secretary to complete the development of an excise fuel 
     reporting system, as well as $2 million annually for the 
     operation and maintenance of the system. This system will 
     provide essential information regarding data on import and 
     refinery production of motor fuel to compare with terminal 
     fuel receipts and fuel deliveries. This new program, along 
     with the continuing program, is necessary to help ensure that 
     the successful, coordinated regional and national approach to 
     combat fuel tax fraud can continue and improve.
       The Conference adopts the Senate provision with one 
     modification. The substitute expressly provides the excise 
     fuel reporting system with contract authority.

             Bicycle Transportation and Pedestrian Walkways

     House bill
       Section 137 amends section 217 of title 23 to make a number 
     of clarifying changes and to require that bicyclists and 
     pedestrians be included in the planning process and to allow 
     electric bicycles on trails when State or local regulations 
     permit. The provision clarifies the requirements under 
     section 109(n) of title 23 related to the impact on non-
     motorized transportation of a Federal-aid highway project. It 
     also requires that bicycle safety be taken into account when 
     States undertake rail-highway crossing projects under section 
     130 of the title 23. Such safety devices shall include 
     installation and maintenance of audible traffic signal and 
     audible signs.
     Senate amendment
       Section 1110 builds on ISTEA by expanding the amount of 
     funds available to be used to encourage bicycling and walking 
     as alternative modes of transportation. This provision amends 
     section 217 of title 23, United States Code, to include the 
     construction of pedestrian walkways as an eligible use of a 
     State's National Highway System (NHS) apportionments under 
     the same criteria by which bicycle transportation facilities 
     currently are eligible. This section eliminates the 
     restriction on the use of NHS funds for the construction of 
     bicycle transportation facilities on land adjacent to the 
     Interstate System and amends current law to allow the safe 
     accommodation of bicycles on highway bridges located on fully 
     access-controlled highways, if the bridge is being replaced 
     or rehabilitated with Federal funds. The Department is 
     encouraged to work with the States to ensure that bicycling 
     and pedestrian interests are represented in State and MPO 
     decisionmaking.
       The planning provisions in sections 134 and 135 of title 23 
     are amended to provide that bicyclists and pedestrians shall 
     be given consideration in the comprehensive Statewide and 
     metropolitan planning processes, and that the inclusion of 
     bicycle and pedestrian facilities shall be considered, where 
     appropriate and permitted, in conjunction with all new 
     construction and reconstruction of transportation facilities.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute clarifies that safety devices 
     such as installation of audible traffic signals and audible 
     signs shall be considered where appropriate. It also retains 
     current law section 217(i) which clarifies that eligible 
     bicycle projects must be principally for transportation, 
     rather than recreation, purposes.

                  Highway and Street Design Standards

     House bill
       Subsection 137(d) requires a study of highway and street 
     design standards to accommodate bicycles.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference does not include a study requirement.

                            Design Guidance

     House bill
       Subsection 137(f) requires the Department of 
     Transportation, in cooperation with the American Association 
     of State Highway and Transportation Officials (AASHTO), the 
     Institute of Transportation Engineers, and other interested 
     organizations, to issue within one year design guidance to 
     accommodate bicycle and pedestrian travel.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with two 
     modifications. First, the substitute clarifies that the 
     guidance must include recommendations to amend and update 
     AASHTO policies relating to highway and street design 
     standards. Second, it extends the deadline for the issuance 
     of the guidance to 18 months.

                   Disadvantaged Business Enterprises

     House bill
       Subsection 102(b) continues the Disadvantaged Business 
     Enterprise provisions. It also allows an entity or person 
     that is prevented under Federal court order from complying 
     with the DBE provision to continue to be eligible to receive 
     Federal funds. The Comptroller General is required to conduct 
     a study of the DBE program within three years of enacted of 
     this act. Recent court decisions have established new 
     standards for review of the constitutionality of programs 
     such as the DBE provisions enacted in prior surface 
     transportation acts and that the courts are now determining 
     whether the DBE programs comply with those standards. The 
     Department of Transportation is reviewing the DBE program in 
     light of recent court rulings and has proposed new 
     regulations to ensure that the program withstands 
     constitutional muster. Section 102(b) of the reported bill 
     makes no changes to these provisions preferring to let the 
     courts resolve these issues. However, the Committee will 
     continue to monitor DOT's administration of this program and 
     gage the impact of court decisions on these provisions.
       This provision is intended to ensure that grant recipients 
     under this Act will continue to be eligible to continue to 
     receive federal funds even if a federal court has entered a 
     final order finding the DBE program to be unconstitutional.
       The possibility of legal challenges that may affect a 
     limited number of States or transit agencies. This provision 
     is intended to ensure that any affected recipients will not 
     be unfairly penalized for complying with a final order of a 
     Federal court finding the DBE program to be unconstitutional.
     Senate amendment
       Section 1111 continues the provisions in current law 
     regarding the disadvantaged businesses enterprise (DBE) 
     program. The DBE program, which originated in the Surface 
     Transportation Assistance Act of 1982, requires that 10 
     percent of the funds provided under title I of this Act be 
     expended with small business concerns owned and controlled 
     by socially and economically disadvantaged individuals, 
     except to the extent that the Secretary of Transportation 
     determines otherwise.
       In 1995, the Supreme Court decided Adarand v Pena, which 
     heightened the standard of judicial review applicable to 
     Federal affirmative action programs. The case involved a 
     Caucasian subcontractor who submitted a low bid on a Federal 
     lands highway construction contract, but lost to a company 
     that was certified as ``disadvantaged.'' Adarand filed suit, 
     alleging that he was denied the equal protection guaranteed 
     by the Fifth amendment. The Court agreed in a 5-4 decision 
     that Federal race classifications, such as the DBE program, 
     must be subject to strict scrutiny. In other words, the 
     program must: (1) serve a compelling government interest, and 
     (2) be narrowly tailored to address that compelling interest, 
     which in this case is fighting discrimination.
       It is important to note that the Supreme Court did not 
     strike down the DBE program or any other Federal affirmative 
     action program. That means that if the program in question 
     meets the new test outlined by the Court, it is 
     Constitutional and may continue to exist. In the case of the 
     DBE program, the Department of Transportation has determined 
     that the Constitutional concerns can be addressed through 
     changes in the Department's regulations. To that end, the 
     Department has proposed a number of regulations intended to 
     address the ``narrow tailoring'' requirements of ``strict 
     scrutiny'' by (1) giving priority to race-neutral measures in 
     meeting program goals, and (2) limiting the potential adverse 
     effects of the program on other parties.
     Conference substitute
       The Conference adopts the Senate provision.

                         Federal Share Payable

     House bill
       Section 134(c) technically changes to the Federal share on 
     certain projects from a strict percentage to a limitation. 
     This will allow for an increased non-Federal share at a 
     State's option. It does not allow the Secretary to impose a 
     lower match.
     Senate amendment
       Section 1112(a) amends section 120 of title 23, United 
     States Code, to allow a State, if it chooses, to reduce the 
     Federal share of a Federal-aid highway project. This change 
     will give States the flexibility to carry out more projects 
     than would be possible with a straight 20 percent non-Federal 
     share. Nothing in this section is intended to require a State 
     to lower the Federal share payable on any project funded 
     under this title.
     Conference substitute
       The Conference adopts the Senate provision.

              Increased Federal Share for Transit Vehicles

     House bill
       Subsection 120(a) amends section 120 of title 23 to provide 
     that the Federal share of

[[Page H3901]]

     priority control systems for transit vehicles may be up to 
     100 percent.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.

                      Credit for Non-Federal Share

     House bill
       Subsection 120(b) allows States to apply toll revenues used 
     for specified capital improvements to their non-Federal share 
     requirement for title 23 projects and for chapter 53 of title 
     49. To receive this credit, a State must maintain its average 
     non-Federal transportation capital expenditure for the 
     preceding three fiscal years.
     Senate amendment
       Section 1112(a)(2) codifies a provision established in 
     ISTEA which allows States to apply toll revenues used for 
     specified capital improvements to their non-Federal share 
     requirement for title 23 projects. To receive this credit, a 
     State must meet a maintenance of effort test, and therefore, 
     must maintain its average non-Federal transportation capital 
     expenditure for the preceding three fiscal years. The 
     provision allows a State to drop a ``high year'' from the 
     three year maintenance of effort test, if that year is at 
     least 30 percent greater than the average for the two other 
     preceding years.
     Conference substitute
       The Conference adopts the House provisions with 
     modifications. The substitute language includes the exception 
     clause for the maintenance of effort test provided for in the 
     Senate language. In addition, the substitute language 
     clarifies that payments on transportation-related bonds are 
     considered a ``transportation expenditure''.

                           Toll Road Credits

     House bill
       Subsection 133(e) clarifies that private entity 
     expenditures for construction of specific toll roads in 
     Southern California may be credited to the State's non-
     Federal share.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute amends section 120 of title 23 
     and provides that private entity expenditures used to 
     construct toll roads open to traffic may be used toward the 
     matching share in all States.

                Interstate Reconstruction Pilot Program

     House bill
       Subsection 120(c) creates an Interstate System 
     Reconstruction and Rehabilitation Pilot Program. This program 
     allows up to three facilities to be tolled, provided the toll 
     revenues are used to improve that facility. Any State wishing 
     to participate in the pilot program must enter into an 
     agreement with the Secretary to ensure that no toll revenues 
     are diverted to another facility or purpose. The provision 
     specifies eligibility and selection criteria.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The conference adopted the House provision to allow a State 
     to toll segments of the Interstate system. The provision 
     allows up to three states to participate provided that 
     revenues generated from the tolls will be used to 
     reconstruct, improve or maintain the facility. The conferees 
     understand that certain segments of the Interstate require 
     substantial maintenance and rehabilitation funding above 
     available resources, such as Interstate 80 in Pennsylvania.

               Technical Amendment--Federal Share Payable

     House bill
       Paragraph 104(e)(2) provides a technical conforming 
     amendment to section 120.
     Senate amendment
       Paragraph 1112(b)(1) provides a technical amendment to 23 
     U.S.C. 120 concerning the Federal share payable for title 23 
     projects to conform subsections 120(a) and (b) to subsection 
     120(i), which allows the State to determine a lower Federal 
     share.
     Conference substitute
       The Conference adopts the House provision.

               Technical Amendment--Federal Share Payable

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Paragraph 1112(b)(2) provides a technical amendment to 23 
     U.S.C. 120 to conform this subsection to 23 U.S.C. 121, 
     relating to payments made to States for the cost of 
     construction.
     Conference substitute
       The Conference adopts the Senate provision.

                  Study: Highway Economic Requirement

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Subsection 1113(a) requires the General Accounting Office 
     (GAO) to report to Congress on the Department's methodology 
     for determining highway needs using the Highway Economic 
     Requirement System (HERS), a computer program developed to 
     use economic criteria and engineering criteria in estimating 
     highway investment requirements. The GAO is required to 
     provide Congress with an assessment of the extent to which 
     the model is useful in estimating an optimal level of highway 
     infrastructure investment three years after this Act is 
     enacted.
     Conference substitute
       The Conference adopts the Senate provision.

                  Study: International Roughness Index

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Subsection 1113(b) requires the Comptroller General to 
     submit a report to the Congress on the International 
     Roughness Index (IRI), an index that is being used to measure 
     the pavement quality of the Federal-aid highway system. The 
     IRI is a data input used in the HERS model. Concerns have 
     been raised as to the reliability of the IRI measurement 
     across different manufacturers and types of pavements and 
     this study shall indicate the extent to which the IRI 
     measurement is reliable.
     Conference substitute
       The Conference adopts the Senate provision.

                      Report: Rates of Obligation

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Subsection 1113(c) requires the Secretary to report 
     annually on the rates of obligation of funds apportioned 
     under Federal-aid highway programs. The report shall include 
     information regarding funding category or subcategory, type 
     of improvement, and substrate geographic area.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification to clarify that the report shall include all 
     final apportioned programs.

                    109 Study: Procurement Practices

     House bill
       Subsection 139(b) requires the GAO to evaluate procurement 
     practices and project delivery. The study shall access the 
     impact a utility company's failure to relocate in a timely 
     manner has on the delivery and cost of Federal-aid highway 
     and bridge projects.
     Senate amendment
       Subsection 1113(d) requires the General Accounting Office 
     (GAO) to conduct a study on Federal-aid highway procurement 
     practices and project delivery. The study shall access the 
     impact that a utility company's failure to relocate in a 
     timely manner has on the delivery and cost of Federal-aid 
     highway and bridge projects.
     Conference substitute
       The Conference adopts the House provision.

                              Definitions

     House bill
       Section 143 organizes the definitions for title 23 
     alphabetically.
     Senate amendment
       Section 1114 provides definitions for the terms ``Federal-
     aid highway funds'' and ``Federal-aid highway program.'' 
     These phrases are used throughout title 23, but are not 
     defined in current law. The addition of these clarifying 
     definitions is not intended to change the implementation of 
     any section under current law. The section reorganizes the 
     Definitions for title 23 alphabetically.
     Conference substitute
       Unresolved.

                       Definitions: Enhancements

     House bill
       Section 143 amends the definition of a transportation 
     enhancement activity. It specifies that a transportation 
     enhancement activity must have a direct link to surface 
     transportation. It also expands the definition to allow the 
     removal of graffiti and litter among the list of eligible 
     activities, as well as environmental mitigation to reduce 
     vehicle-caused wildlife mortality while maintaining habitat 
     connectivity. In addition, it adds construction of tourist 
     and welcome centers as an eligible activity.
     Senate amendment
       Subsection 1223(d) amends subsection 101(a) by providing 
     that tourist and welcome center facilities associated with 
     scenic or historic highway programs are eligible for funding 
     under the enhancement program.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute requires that transportation 
     enhancement activities have a relationship, rather than a 
     direct link, to surface transportation. It does not include 
     graffiti and litter removal as eligible activities. It 
     retains the Senate provision regarding eligibility of tourist 
     and welcome centers. In order to be eligible under the 
     enhancement program, the tourist or welcome center (whether a 
     new facility or existing facility) does not have to be on a 
     designated scenic or historic byway, but there must be a 
     clear link to scenic or historical sites. It adds 
     transportation-related museums as an eligible activity.

[[Page H3902]]

                  Definitions: Operational Improvement

     House bill
       Subsection 143 of the House bill provides technical 
     amendments to, but does not change the definition of 
     operational improvement from current law.
     Senate amendment
       This section revises the definition of ``operational 
     improvement'' in section 101(a) of title 23, United States 
     Code, to include the installation, operation, or maintenance 
     of certain Intelligent Transportation Systems infrastructure 
     projects. The installation, operation or maintenance of 
     communications systems, roadway weather information and 
     prediction systems, and other improvements designated by the 
     Secretary that enhance roadway safety during adverse weather 
     are also incorporated into the revised definition.
     Conference substitute
       The Conference adopts the House provision.

                           Hazard Elimination

     House bill
       Subsection 143 of the House bill provides technical 
     amendment to, but does not change this definition from 
     current law.
     Senate amendment
       Subparagraph 1404(b)(1)(A) amends the definition of 
     ``highway safety improvement project'' by deleting the 
     reference to ``highway''.
     Conference substitute
       The Conference adopts the House provision with a 
     modification. The reference to ``highway'' is deleted. In 
     carrying out this provision, States should minimize any 
     negative impact on safety and access for bicyclists and 
     pedestrians in accordance with Section 217 of title 23, 
     U.S.C.

                     Project Approval and Oversight

     House bill
       Section 143 amends section 101 of title 23 by providing a 
     definition for ``project agreement.'' It is defined as the 
     formal instrument required under the project agreement 
     provision in title 23.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with a 
     modification. It provides a conforming amendment to recognize 
     that section 110 regarding project agreements is repealed and 
     the portion of the provision relating to project agreements 
     is moved to section 106.

                   Cooperative Federal Lands Program

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1115 establishes a new section 207 in chapter 2 of 
     title 23, United States Code, which provides a funding source 
     for public roads or bridges owned by States or their 
     political subdivisions that cross, are adjacent to, or 
     provide access to, Federal lands and Indian reservations 
     (including reservoirs owned by the Army Corps of Engineers). 
     The purpose of this program is to supplement the efforts of 
     the Federal government in developing and maintaining roads or 
     bridges that serve federally owned land and Indian 
     reservations (including reservoirs owned by the Army Corps of 
     Engineers).
       The Cooperative Federal Lands Transportation Program 
     ensures that funding will be provided for projects in States 
     where greater than 4.5 percent of the land within the state 
     borders is held in trust or owned by the Federal government. 
     Funds are provided directly to these States for projects that 
     provide access to Federal lands and Indian reservations. This 
     section provides $74 million in contract authority per year 
     from the Highway Trust Fund.
     Conference substitute
       The Conference does not adopt the Senate provision, but 
     transfers the $74 million in contract authority to the 
     Federal Lands Highway Program.

                    Bridge Set Aside for New Jersey

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       The Secretary is required to set-aside $20 million each 
     fiscal year from the I-4R program and allocate it to any 
     State that: (1) receives less in the bridge apportionment 
     factors used in the Interstate and National Highway System 
     program and the Surface Transportation Program compared with 
     the funds a State received under the bridge program in 1997; 
     and (2) was apportioned at least $125 million in 1997. These 
     funds shall be available for highway bridge projects.
       States that have transferred more than 10 percent of the 
     funds apportioned under the bridge program in 1995 through 
     1997 to other Federal-aid transportation projects are not 
     eligible for an allocation from this program.
     Conference substitute
       The Conference does not adopt the Senate provision.

                       Bridge Set Aside Missouri

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       The Secretary is required to set-aside $15 million each 
     fiscal year from the I-4R program and allocate it to any 
     State whose bridges have an average life of at least 46 years 
     as of the date of enactment of this Act.
       States that have transferred more than 10 percent of the 
     funds apportioned under the bridge program in 1995 through 
     1997 to other Federal-aid transportation projects are not 
     eligible for an allocation from this program.
     Conference substitute
       The Conference does not adopt the Senate provision.

                       Bridge Set Aside Arkansas

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       The Secretary is required to allocate $10 million to States 
     that meet specific per capita personal income and Federal-aid 
     Highway apportionment criteria from the I-4R program.
     Conference substitute
       The Conference does not adopt the Senate provision.

                   National Highway System Components

     House bill
       Subsection 106(c) modifies the National Highway System to 
     include intermodal connectors on the map submitted to 
     Congress by the Secretary on May 24, 1996.
     Senate amendment
       Section 1121 establishes the National Highway System (NHS) 
     as those routes and transportation facilities depicted on 
     maps submitted by the Secretary with the report ``Pulling 
     Together: The National Highway System and its Connections to 
     Major Terminals.''
     Conference substitute
       The Conference adopts the Senate provision with minor 
     technical clarifications.

                  Study: Intermodal Freight Connectors

     House bill
       Subsection 106(h) directs the Secretary to report to 
     Congress not later than 24 months after the date of enactment 
     of this Act on the condition of and the improvements made to 
     connectors on the National Highway System that serve 
     intermodal freight transportation facilities.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with 
     modifications to clarify that the purpose of the report is to 
     identify impediments to improving intermodal connectors 
     including impediments related to the planning process, 
     availability of funding, and other issues identified by the 
     Secretary.

                National Highway System Sign Competition

     House bill
       Subsection 106(h) directs the Secretary to conduct a 
     national competition among children under the age of 14 to 
     design a logo sign for the National Highway System.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the House provision.

                       Safety Belt Extension, NH

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1124 modifies section 355 of the National Highway 
     System Designation Act of 1995 to permit New Hampshire to 
     meet the safety belt use law required under section 153 of 
     title 49, United States Code, through a performance 
     requirement. Through the end of fiscal year 2000, New 
     Hampshire is deemed to have met the safety belt use 
     requirements of section 153 upon certification by the 
     Secretary that the State has achieved: (1) a safety belt use 
     rate in each of fiscal years 1997 through 2000 of not less 
     than 50 percent; and (2) a safety belt use rate in each 
     succeeding fiscal year thereafter of not less than the 
     national average safety belt use rate.
     Conference substitute
       The Conference adopts the Senate provision with a minor 
     technical amendment.

                    Study: Uniformed Police Officers

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1126 requires the Secretary of Transportation to 
     conduct a study on the extent and effectiveness of the use by 
     various States of uniformed police officers on Federal-aid 
     highway construction projects. Some States use police 
     officers extensively on their highway construction projects, 
     while other States are virtually no police officers for work 
     zone traffic control. Work zone safety has been a high 
     priority issue for the Federal Highway Administration (FHWA), 
     traffic engineering professionals, and highway agencies. This 
     section requires the Department of Transportation to submit a 
     report to Congress on the results of the study not later than 
     2 years after the effective date of this section.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification to require that the study be conducted in 
     consultation with law enforcement organizations.

[[Page H3903]]

            Contracting for Engineering and Design Services

     House bill
       Section 140 amends section 112 of title 23 clarifies that 
     quality based selection process requirements for design and 
     engineering services and other contracting procedures will 
     apply unless a State has in the past adopted alternative 
     procedures to increase competition. Requirements must be met 
     for any phase of a project funded in whole or in part with 
     Federal funds.
     Senate amendment
       This provision amends section 112(b)(2) of title 23 of the 
     United States Code to promote competition and provide the 
     greatest value for Federal aid system projects. It clarifies 
     that the time period for states to have legislatively enacted 
     alternative requirements to Qualifications Based Selection 
     (QBS) Procedures for obtaining engineering and design 
     services has ended. Additionally, it requires that the 
     Federal Acquisition Regulations (FAR) be used for consistent 
     and equitable contract administration, accounting, and audits 
     while providing for the use of FAR QBS simplified acquisition 
     procedures for contracts under $100,000. Finally, 
     clarification is provided that requires the Secretary to 
     establish a certification procedure to ensure that any 
     legislation enacted by a State since November 28, 1995 to 
     exercise its option complies with the time frames and 
     substantive criteria contained in Section 307 of PL 104-59.
     Conference substitute
       The Conference adopts a substitute provision.

                      Ambassador Bridge, Michigan

     House Bill
       Subsection 133(a) makes the facilities necessary to connect 
     the Ambassador Bridge in Detroit, Michigan to the Interstate 
     System eligible to receive funds apportioned under the 
     National Highway System and the Surface Transportation 
     program.
     Senate amendment
       Section 1129 provides eligibility for the Ambassador Bridge 
     in Detroit, Michigan under the surface transportation program 
     and the National Highway System program.
     Conference substitute
       The Conference adopts the Senate provision.

                         Cuyahoga River Bridge

     House bill
       Subsection 113(b) makes the Cuyahoga River in Ohio eligible 
     to receive funds apportioned under the congestion mitigation 
     and air quality improvement program.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House bill with a modification. 
     The bridge is eligible to receive funds from the surface 
     transportation program.

                        National Defense Highway

     House bill
       Section 131 authorizes an amount not to exceed $16 million 
     per year for fiscal years 1998 through 2003 from the 
     Interstate Maintenance component for the reconstruction of a 
     highway or portion of highway outside of the United States 
     that is important to national defense.
     Senate amendment
       Section 1131 authorizes an amount not to exceed $16 million 
     per year for fiscal years 1998 through 2003 from the 
     Interstate Maintenance component for the reconstruction of a 
     highway or portion of highway outside of the United States 
     that is important to national defense.
     Conference substitute
       The Conference adopts the provision.

               High Risk Road Safety Improvement Program

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 110 creates a new program within the Federal-aid 
     highway program to fund construction and operational projects 
     that improve the safety of high risk roads. States are to 
     allocate funds under this program to those projects that have 
     the highest benefit. Up to fifty percent of funds under this 
     program can be transferred to other Federal-aid highway 
     programs.
     Conference substitute
       The Conference does not adopt the House provision.

             Road Safety Awareness and Improvement Program

     House bill
       Subsection 110(c) authorizes a roadway safety awareness and 
     improvement program funded from the high risk road safety 
     program. The activities of the program should be carried out 
     cooperatively between the Department of Transportation, 
     States, and other safety organizations.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference Substitute
       The Conference does not adopt the House provision.

                      High Cost Interstate Program

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 113 establishes a new program to fund major 
     reconstruction or improvement projects on the Interstate 
     system. In order to be eligible, a project must cost over 
     $200 million or cost more than 50% of a State's Federal-aid 
     highway apportionments; it must be ready to go to 
     construction; the State must agree to not transfer funds 
     apportioned under the Interstate Maintenance Program; and the 
     funds must be obligated within one year. Two thirds of the 
     funds are allocated to the States in the ratio that each 
     State's cost of eligible projects bear to the total national 
     cost of eligible projects. For the years 1998 through 2003, 
     however, those funds are to be distributed based on the 
     Interstate Maintenance Program formula. The remainder of the 
     funds are allocated on a discretionary basis. If funds cannot 
     be used in any given fiscal year, the extra funds are 
     apportioned to all States as Interstate Maintenance funds. 
     Projects must be included within the planning process. The 
     Secretary of Transportation is required to report on the 
     expected future need to reconstruct the Interstate System and 
     to recommend methods for apportioning the funds.
     Conference Substitute
       The Conference does not adopt the House provision.

                    Infrastructure Awareness Program

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 132(a) authorizes the Secretary to fund the 
     production of a documentary about infrastructure to promote 
     infrastructure awareness. A total of $1 million in contract 
     authority is authorized for each of the fiscal years 1998 
     through 2000 from the Highway Trust Fund, other than the Mass 
     Transit Account.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute states that a total of 40 
     percent of the total project of $4.8 million will be provided 
     from the Highway Trust Fund and the remaining 60 percent is 
     required to be provided by the private sector. Credit is 
     given for funds received to date. The substitute provides a 
     total of $1 million for each of the fiscal years 1998 and 
     1999, and $.88 million in 2000 from the Highway Trust Fund, 
     other than the Mass Transit Account.

                     New York Avenue Authority, DC

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 142 establishes a New York Avenue Authority to 
     develop an improvement plan for the New York Avenue Corridor 
     in the District of Columbia. The authority is eligible to 
     receive funding under the National Corridor Planning and 
     Development program.
     Conference substitute
       The Conference does not adopt the House provision.

                        Administrative Takedown

     Senate bill
       Section 1201 reduces that administrative subsection 104(a) 
     of title 23, United States Code, which requires the Secretary 
     to deduct funds from certain Federal-aid highway 
     apportionments from the current 3\3/4\ percent to an amount 
     not to exceed 1\1/2\ percent administer the Federal-aid 
     highway program. The reduction reflects that this Act 
     provides non-administrative items, such as research and 
     intelligent transportation system activities that were 
     formerly funded from the takedown with separate funding 
     elsewhere. This modification in the administrative takedown 
     will provide a clear distinction between the Department's 
     administrative expenses and its research activities and other 
     expenses.
     House bill
       Subsection 104(a) allows the Secretary to deduct from sums 
     authorized to be apportioned for expenditures on the Federal-
     aid highway program for Administrative expenses a sum not to 
     exceed 1 percent of all sums so apportioned for the Federal-
     aid highway program.
     Conference substitute
       The Conference adopts the Senate bill.

                       Real Property Acquisition

     Senate bill
       Section 1201 amends sections 108 and 323 of title 23, 
     United States Code, to expand the flexibility provided to 
     State and local governments to compete for land resources. It 
     provides for the advanced acquisition of real property not 
     only for highway projects, but for all transportation 
     improvements under title 23. This section removes restrictive 
     language and outdated programs, revises language, and adds 
     opportunities for State and local governments to utilize 
     early property acquisition when necessary, while retaining 
     maximum flexibility to leverage the use of Federal funds.
       The provision provides an alternative means of leveraging 
     Federal funds apportioned to each State by providing a credit 
     based on the value of publicly-owned lands

[[Page H3904]]

     incorporated within a federally-funded project. This 
     provision is consistent with the credits already permitted 
     for donated real property and services. The provisions added 
     by this section expand the choices available to State and 
     local governments in fashioning financial strategies to best 
     serve their transportation objectives.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification to clarify that costs of services are not 
     eligible as a credit for non-federal share.

                  Payments to States for Construction

     Senate bill
       Section 1204 amends section 121 of title 23, United States 
     Code to remove a restriction that applies the Federal/non-
     Federal matching share requirement to each payment a State 
     receives. The revised section 121 makes the requirement 
     applicable to total project costs rather than to individual 
     voucher payments. The increased flexibility provided by these 
     changes will result in a simplified program that is easier 
     for State departments of transportation to administer. The 
     changes recognize that the important restriction is that the 
     total project meets the Federal share requirement. The 
     changes also make the Federal-aid highway program more 
     compatible with other Federal programs, particularly the 
     Federal mass transportation program, where projects are often 
     administered jointly by FHWA and Federal Transit 
     Administration.
     House bill
       Subsection 134(d) amends title 23 to remove a restriction 
     which applies the Federal/non-Federal matching rate to each 
     payment that a State receives. This amendment will make the 
     Federal-aid highway more like other Federal programs, 
     including the Transit program, hence giving the States 
     greater flexibility in managing their funds.
     Conference substitute
       The Conference adopts the House provision with a 
     modification. This provision is retained as separate section 
     as in the Senate bill.

            Proceeds from the Sale or Lease of Real Property

     Senate bill
       Current section 156 of title 23, United States Code, 
     requires States to charge fair market value for the use of 
     airspace acquired in connection with a federally funded 
     project. Section 1205 expands the requirement in section 156 
     to apply to the net income generated by a State's lease, 
     sale, or other use of all real property acquired with Federal 
     financial assistance. The revised section applies the same 
     standard to all real property interests acquired with 
     Federal-aid highway funds. As in current law, the Secretary 
     may grant exceptions for social, environmental, or economic 
     purposes.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with the 
     inclusion of clarifying report language. The purpose of this 
     exception retained in this provision is to give the States 
     (with the Secretary's approval) the flexibility to charge 
     less than fair market value for lands bought with Highway 
     Trust Fund dollars if the lands, once sold or leased, would 
     be used for some purpose of public benefit that would 
     outweigh the general desire to receive fair market value for 
     the property, such as if the lands would be used as parkland 
     or as a recreation area.

                 Metric Conversion at the State Option

     Senate bill
       Section 1206 amends section 205 of the National Highway 
     System Designation Act of 1995 which states that the 
     Secretary shall not require States to use or plan to use the 
     metric system before September 30, 2000. This provision 
     allows States to choose when and if to implement the metric 
     system with respect to designing, advertising, or preparing 
     plans, specifications, timetables, or other documents, for a 
     Federal-aid highway project. This section does not require 
     any State to modify its current use of the metric system for 
     Federal-aid highway projects.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                         Report on Obligations

     Senate bill
       Section 1207 amends section 104 of title 23, United States 
     Code, to require the Secretary to submit to Congress an 
     annual, rather than monthly, report on States' obligations 
     for Federal-aid highways, highway safety construction 
     programs, and unobligated balances.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

               Termination of Right-of-Way Revolving Fund

     Senate bill
       Subsection 1208(a) terminates the right-of-way revolving 
     fund. The right-of-way revolving fund is revised in section 
     108(c) of title 23, to provide an expiration and closeout 
     period for obligations already authorized from the fund. This 
     program was terminated as a revolving loan fund because of 
     the new rules required of all credit programs in the Credit 
     Reform Act of 1990. Credits based on conversion or 
     reimbursements are to be applied to the Highway Trust Fund 
     rather than to the revolving fund. Twenty-three States 
     currently have active right-of-way revolving fund projects. 
     This section provides for a 20-year close out period from the 
     date that right-of-way funds were advanced to give these 
     States sufficient time to complete these unfinished projects.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

              Termination of Pilot Toll Collection Program

     Senate bill
       Subsection 1208(b) terminates a tolling pilot program that 
     has accomplished its intended purpose. Pilot toll agreements 
     that were executed under subsection 129(k) of title 23 are 
     still valid.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                  Termination of the Bridge Commission

     Senate bill
       1208(d) repeals the 1962 Bridge Commission Act. Public Law 
     87-441 relates to bridge commissions and authorities created 
     by Act of Congress. It provides for Federal approval of such 
     commissions' memberships and requires annual audits. A 
     commission ceases to exist by transferring ownership of the 
     bridge to the States. Initially, five bridge commissions were 
     subject to the act. Today, only one commission remains, the 
     White County Bridge Commission, which operates the New 
     Harmony Bridge across the Wabash River between Indiana and 
     Illinois. While under this act, the FHWA has the authority 
     to appoint commissioners and review the commission's 
     financial operations, these actions could be administered 
     more effectively and efficiently at the State or local 
     level. This provision removes this unnecessary Federal 
     oversight of the White County Bridge Commission.
     House bill
       Subsection 134(h) repeals a requirement that the Federal 
     government oversee certain bridge commissions created by 
     Congress in Public Law 87-441. Such duties would be assumed 
     by State and local governments.
     Conference substitute
       The Conference finds the provisions in both the House and 
     Senate bills to be substantially equivalent.

                   Transfer of Highway Transit Funds

     Senate bill
       Section 122 adds a new subsection to section 104 of title 
     23, United States Code, to provide for the program-wide, 
     rather than project-by-project, transfer and administration 
     of transit funds made available for highway projects and 
     highway funds made available for transit projects. This 
     revision will streamline the administration of highway and 
     transit funds by State departments of transportation.
       This provision also requires the Secretary to administer 
     funds made available under title 23 or chapter 53 of title 49 
     and transferred to Amtrak in accordance with Subtitle V of 
     title 49. Funds made available under title 23 or chapter 53 
     of title 49 and transferred to other eligible passenger rail 
     projects and activities shall be administered as the 
     Secretary determines appropriate. The non-Federal share 
     provisions in title 23 or chapter 53 of title 49 will 
     continue to apply to the transferred funds.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provisions with a 
     modification. Amtrak transferability is not adopted.

                     Project Approval and Oversight

     Senate bill
       Section 1222 amends section 106 of title 23, United States 
     Code, which addresses Federal and State responsibilities for 
     surface transportation projects. This section permits the 
     Secretary to discharge to the States with their approval the 
     Secretary's responsibilities under title 23 for the design, 
     plans, specifications, estimates, contract awards, and 
     inspection of projects on the National Highway System (NHS). 
     Under current law, States voluntarily oversee such activities 
     for projects carried out with Surface Transportation Program 
     (STP) funds, but not for NHS projects.
     House bill
       Subsection 501(a) consolidates and codifies the current 
     practices used by the Secretary to approve and oversee 
     Federal-aid highway projects and further streamlines that 
     process. This section requires that for projects on the NHS 
     (including the Interstate system), the Secretary and each 
     State will enter into an agreement as to the appropriate 
     level of

[[Page H3905]]

     Federal oversight. The Secretary may not assume a greater 
     degree of responsibility than under current law. For all non-
     NHS projects, the States will assume all of the Secretary's 
     current responsibilities for design, plans, specifications, 
     estimates, the awarding of contracts, and the inspection of 
     projects. For projects on the NHS but not on the Interstate 
     system, then a State shall assume all of the Secretary's 
     current responsibilities for design, plans, specifications, 
     estimates, the awarding of contracts, and the inspection of 
     projects unless the State or the Secretary determines that 
     such assumption is not appropriate.
     Conference substitute
       The Conference adopts a substitute provision. The 
     substitute requires that the State shall assume the 
     Secretary's responsibilities under this title for design, 
     plans, specifications, estimates, contract awards and 
     inspection of projects unless the States determines 
     otherwise. In addition, the State may assume responsibility 
     for projects on the NHS but not on the Interstate system 
     unless the State or Secretary determines otherwise.
       In any case where States must meet surface quality 
     regulations set forth by the Federal Highway Administration, 
     they may look for leadership to a private Midwestern 
     engineering institute which has served as a State certifying 
     contractor for the past eleven years. The FHWA may work with 
     this institution in carrying out this National certification 
     program and use the existing expertise in the area.

                             Financial Plan

     Senate bill
       Section 1222(f) requires the Secretary to prepare a 
     financial plan for any projects with an estimated total cost 
     of $1 billion or more.
     House bill
       Section 504 requires the preparation of a financial plan 
     for any highway or transit project costing over $1 billion 
     and that is proposed to be funded with Federal funds.
     Conference substitute
       The Conference adopts the Senate provisions with a 
     modification. The provision is codified in title 23 and title 
     49.

                               Standards

     Senate bill
       Subsection 1222(b) eliminates the requirement that the 
     Secretary of Transportation issue Interstate maintenance 
     guidelines and adds that safety considerations of a project 
     may be met by phase construction.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provisions with a 
     modification. The substitute language clarifies that the 
     safety considerations are to be consistent with an operative 
     safety management system or a statewide transportation 
     improvement program approved by the Secretary.

                     Repeal of Sections 100 and 117

     Senate bill
       Section 1222(c) repeals sections 110 and 117.
     House bill
       Section 501 repeals sections 110 and 117.
     Conference substitute
       The Conference finds provisions in both the House and 
     Senate bills to be substantially equivalent.

              Surface Transportation Innovative Financing

     Senate bill
       Subsection 1223(a) codifies the Department of 
     Transportation's current administrative policy regarding 
     innovative mechanisms applicable to transportation 
     enhancement projects. It gives States additional flexibility 
     by allowing them to calculate non-Federal share for 
     enhancements projects in several ways: on a project, multiple 
     project, or program basis. A State's average annual non-
     Federal share of transportation enhancement projects must be 
     at least 20 percent; however, because of the new provision, 
     it is feasible for a single project to have a 100 percent 
     Federal share.
       In addition, this section also reduces the current 
     quarterly, project-by-project State certification and 
     notification requirements to annual, program-wide approval of 
     each State's project agreement. The current requirement that 
     payments made by the Secretary to the States under section 
     133 could not exceed the Federal share of costs incurred as 
     of the date the State requested payments is eliminated.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

  Surface Transportation Program Encouragement of Youth Conservation 
                                 Corps

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Subsection 108(h) encourages the use of youth corps to 
     perform transportation enhancement projects.
     Conference substitute
       The Conference adopts the House provision.

                Surface Transportation Program Approval

     Senate bill
       Subsection 1223(b) amends section 133 of title 23 to reduce 
     the current quarterly, project-by-project State certification 
     and notification requirements to annual, program-wide 
     approval of each State's project agreement.
     House bill
       Subsection 108(f) changes the program approval process for 
     the Surface Transportation Program from a quarterly to an 
     annual basis.
     Conference substitute
       The Conference finds both the House and Senate provisions 
     substantially equivalent.

                                Payments

     Senate bill
       Subsection 1223(c) eliminates the current requirement that 
     payments made by the Secretary to the States under section 
     133 of title 23, U.S.C. not exceed the Federal share of costs 
     incurred as of the date the State requested payment. This 
     simply reflects the Department of Transportation's current 
     administrative policy regarding innovative financing 
     mechanisms applicable to transportation enhancement projects. 
     Innovative financing techniques will give States additional 
     flexibility by allowing them to calculate the non-Federal 
     share for enhancements projects on either a project, multiple 
     project, or program basis. A State's average annual non-
     Federal share of transportation enhancement projects must be 
     at least 20 percent. A single project, however, may have a 
     100 percent Federal share, but each State's annual 
     enhancements programs must comply with the 20 percent non-
     Federal match requirement.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                        Design Build Contracting

     Senate bill
       Section 1224 provides authority, after two years of 
     enactment of this Act, for State transportation departments 
     to use the design-build approach for construction of eligible 
     title 23 project segments. Design-build is an innovative 
     method of highway contracting that is not allowed under 
     current law. It differs from traditional contracting in that 
     it combines, rather than separates, responsibility for the 
     design and construction phases of a highway project. This 
     section allows States to use their State design-build 
     contracting procedures in statute or procedures authorized 
     under section 303M of the Federal Property and Administrative 
     Services Act of 1949.
       The benefits of the design-build approach include greater 
     accountability for quality and costs, less time spent 
     coordinating designer and builder activities, firmer 
     knowledge of project costs, and a reduced burden in 
     administering contracts. Design-build is particularly 
     advantageous for accelerating project delivery. For example, 
     a study of 11 design-build projects in Florida found that 
     this innovative contracting method produced significant 
     improvements in project performance as compared to non-
     design-build projects. The average design-build construction 
     time was 21.1 percent shorter than the average for non-
     design-build projects. In addition, actual design-build 
     procurement times were 54 percent less than the normal design 
     procurement time allocated for projects using traditional 
     contracting methods. The design-build projects also produced 
     a 4.7 percent reduction in after-bid changes to the contract.
       Despite the potential advantages of design-build, it may 
     not be an appropriate method for carrying out every highway 
     project. Therefore, this section provides minimum cost 
     requirements for potential design-build projects. To qualify 
     for the award of a design-build contract, the cost of each 
     usable segment of a highway project must be at least 
     $50,000,000. In the case of an Intelligent Transportation 
     Systems project, the total cost of the project must exceed 
     $10,000,000.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. It allows States to use any design-build 
     selection procedures determined appropriate by the Secretary 
     and requires the Secretary to submit a report to Congress 
     within 5 years after enactment of this Act. This report will 
     analyze the effectiveness of design-build contracting 
     procedures.

                 Use of Consultants (Selection Process)

     Senate bill
       Section 1225(c) allows a State to procure consultant 
     services under a single contract for preparation of both the 
     environmental analysis and subsequent engineering and design 
     services if the State has conducted an independent multi-
     disciplined review of the objectivity of the analysis.
     House bill
       Section 104(b) allows a State to procure consultant 
     services under one contract for the preparation of any 
     environmental analysis as well for subsequent engineering and 
     design services if the State has conducted a review of the 
     objectivity of the analysis.
     Conference substitute
       The Conference adopts the House provision.

[[Page H3906]]

                       Eligibility of Ferry Boats

     Senate bill
       Section 1232 clarifies that the construction of ferry boats 
     and ferry terminal facilities are eligible uses of National 
     Highway System (NHS), Surface Transportation Program (STP), 
     and Congestion Mitigation and Air Quality Improvement program 
     (CMAQ) funds. This simply clarifies how the program is 
     currently administered and does not amend or weaken any of 
     the underlying eligibility requirements of the NHS, STP, or 
     CMAQ programs.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the Senate provision.

         Eligibility of Projects on the National Highway System

     Senate bill
       Section 1234 amends section 103 of title 23, United States 
     Code, to include publicly owned intracity or intercity 
     passenger rail capital projects, including Amtrak, as an 
     eligible activity for National Highway System (NHS) program 
     funds under the same criteria that apply currently to transit 
     and non-NHS highway projects. NHS funding eligibility is 
     amended also to include natural habitat enhancement and 
     encourage the use of approved private-sector mitigation banks 
     for wetlands lost through highway construction. Preference is 
     given, to the extent practicable, to banks if they are in 
     accordance with federal guidelines on mitigation banking and 
     are within the service of the impacted wetland.
       This section also adds the following new items to the list 
     of projects eligible for NHS funding: (1) publicly owned 
     intracity or intercity passenger rail or bus terminals, 
     including those owned by Amtrak; (2) publicly owned 
     intermodal surface freight transfer facilities, other than 
     seaports and airports located at, or adjacent to, the NHS 
     or connections to the NHS; (3) infrastructure-based 
     Intelligent Transportation Systems capital improvements; 
     and (4) publicly owned components of magnetic levitation 
     (MAGLEV) systems.
       This section also adds to the list of eligible NHS projects 
     a paragraph applicable only to projects on the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands, permitting these territories to use 
     their NHS apportionments for any STP-eligible project, any 
     airport, and any seaport.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification. The substitute does not include eligibility for 
     intracity and intercity passenger rail under this program.

                            Minor Collectors

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Subsection 108(e) allows up to 15 percent of surface 
     transportation program funds apportioned for areas of less 
     than 5,000 in population to be used on minor collectors.
     Conference substitute
       The Conference adopts the House provision with 
     modifications.

                           Design Flexibility

     Senate bill
       Section 1236 clarifies section 109 of title 23 regarding 
     the Secretary's responsibilities regarding planned future 
     traffic needs and the Secretary's responsibilities in 
     reviewing State plans for proposed highway projects. This 
     modification eliminates the requirement that the Secretary 
     ensure that a State plan for a highway project must accompany 
     future traffic demands. The revised section only requires 
     that the Secretary ensure that future traffic needs were 
     considered.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the Senate provision.

                       State Infrastructure Banks

     Senate bill
       Section 1301 codifies the State Infrastructure Bank (SIB) 
     Pilot Program authorized in the NHS Designation Act of 1995. 
     This section includes modifications to increase the 
     flexibility of the SIB program. The current 10-State limit on 
     the number of participants in the SIB program is eliminated, 
     thus enabling any State to establish a State Infrastructure 
     Bank. The percentage limitation regarding funds a State can 
     transfer to use State infrastructure banks is eliminated. The 
     10-state limit unnecessarily restricted States from pursuing 
     this financial mechanism and the percentage limitation 
     unnecessarily limits States' use of this mechanism. The need 
     to maintain separate highway and transit accounts also 
     imposed an accounting burden on States that was inconsistent 
     with financial flexibility desired in a financing entity such 
     as a State Infrastructure Bank.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts a substitute provision. The 
     conference adopts a four State pilot program. The 
     participating States are Missouri, California, Florida, and 
     Rhode Island.

        Transportation Infrastructure Finance and Innovation Act

     Senate bill
       Subtitle C, Chapter 2 establishes a Federal credit 
     assistance program for major surface transportation projects 
     under the Transportation Infrastructure Finance and 
     Innovation Act of 1998 (TIFIA).
     House bill
       The House bill contains no comparable provision.
     Conference agreement
       The conference adopts the Senate provision, with certain 
     modifications. The TIFIA program is designed to assist major 
     surface transportation projects with their own revenue 
     streams, which can attract substantial private capital with a 
     limited Federal investment. This program offers the sponsors 
     of large transportation projects a new tool to leverage 
     limited Federal resources, stimulate additional investment in 
     our Nation's infrastructure, and encourage greater private 
     sector participation in meeting our transportation needs.
       Eligible projects for TIFIA assistance include any projects 
     eligible under title 23 (highway and transit capital 
     projects) as well as international bridges and tunnels, 
     inter-city passenger bus and rail facilities and vehicles 
     (including Amtrak and magnetic levitation systems), and 
     publicly-owned intermodal freight facilities. Examples of the 
     types of projects which may benefit from this program are the 
     Woodrow Wilson Bridge, the Farley/Pennsylvania Station 
     project in New York City and the State of Florida's proposed 
     high-speed rail project between Miami, Orlando and Tampa. 
     Project sponsors may be governmental units, private entities, 
     or public-private partnerships. The Conferees wish to 
     reiterate language concerning the Florida high-speed rail 
     project in the Senate committee report section on TIFIA. This 
     project represents an effort by the State of Florida to bring 
     a new technology to the United States by using an innovative 
     public-private partnership that does not rely on Federal 
     grant support. The State of Florida's request for a Federal 
     loan equal to \1/3\ of project costs should receive favorable 
     consideration from the Department of Transportation, provided 
     it meets program criteria.
       To be eligible for credit assistance, a project must meet 
     certain threshold criteria. It must cost at least $100 
     million or 50 percent of a State's annual apportionment of 
     Federal-aid funds, whichever is less. (For intelligent 
     transportation system projects, the minimum cost is $30 
     million, due to the substantial capacity enhancements 
     attainable with but a limited investment.) The project also 
     must have the potential to be self-supporting from user 
     charges or other non-Federal dedicated funding sources, be on 
     a State's transportation plan and, at the time of funding, be 
     on a fiscally-constrained State transportation improvement 
     program. An application for credit assistance may be 
     submitted by a State or local government or other entity. The 
     Secretary will select among potential candidates based on 
     various criteria, including the project's regional or 
     national significance, its potential economic benefits, its 
     credit-worthiness, the degree of private sector 
     participation, and other factors.
       Forms of assistance that can be provided under this program 
     consist of direct loans, loan guarantees, and lines of 
     credit. In all cases the Federal role will be that of a 
     minority investor, with Federal participation limited to not 
     more than 33 percent of total project costs. The Secretary is 
     authorized to enter into agreements with project sponsors 
     containing terms and conditions designed to assist the 
     projects in leveraging additional funds, while ensuring that 
     the program operates in a fiscally-prudent manner. The State 
     in which a project is located may identify a State or local 
     government entity to assist the Secretary in servicing the 
     Federal credit instrument.
       The Secretary may provide credit assistance to demonstrate 
     to the capital markets the viability of making transportation 
     infrastructure investments where returns depend on residual 
     project cash flows after servicing senior municipal revenue 
     bonds or other capital markets debt. An objective of the 
     program is to help the financial markets develop the 
     capability ultimately to supplant the role of the Federal 
     government in helping finance the costs of large projects of 
     national significance. That is why loan guarantees are 
     limited to major institutional lenders, such as defined 
     benefit pension funds, which may be potential providers in 
     the future of supplemental and subordinate capital for 
     projects. The Conference would like the Secretary to 
     encourage Federal borrowers to prepay their direct loans or 
     guaranteed loans as soon as practicable from excess revenues 
     or the proceeds of municipal or other capital market debt 
     obligations. The Secretary also may sell off direct loans to 
     third parties or into the capital markets, if such 
     transactions can be arranged upon favorable terms.
       The Conference recognizes that the Congress enacted the 
     Deficit Reduction Act of 1984 provision prohibiting the 
     combination of Federal guarantees with tax-exempt debt, 
     because of concerns that such a double-subsidy could result 
     in the creation of a ``AAA''

[[Page H3907]]

     rated security superior to U.S. Treasury obligations. 
     Accordingly, any project loan backed by a loan guarantee as 
     provided in TIFIA must be issued on a taxable basis.
       The Conference wants to ensure that projects receiving 
     TIFIA assistance are financially-sound. Each project, at the 
     time of its application for assistance, is required to 
     furnish a preliminary rating opinion letter from one of the 
     bond rating agencies identified by the Securities and 
     Exchange Commission as a ``Nationally Recognized Statistical 
     Rating Organization,'' indicating that the project's senior 
     debt obligations have the potential to achieve an investment-
     grade bond rating. The Secretary shall consult with the 
     Office of Management and Budget, each rating agency providing 
     such an opinion letter, and any other financial experts the 
     Secretary deems necessary, in order to determine the credit 
     instrument's appropriate subsidy cost (capital reserve) 
     pursuant to the Federal Credit Reform Act of 1990. Until such 
     time as a formal investment-grade rating is assigned, the 
     Secretary shall not extend credit in an amount exceeding the 
     estimated subsidy cost. The Conference believes that 
     analytical techniques that are widely-accepted by the capital 
     markets, such as those used by the rating agencies to 
     evaluate the financial stability of municipal bond insurance 
     companies, should be drawn upon to estimate the appropriate 
     subsidy cost.
       TIFIA expressly requires that projects adhere to Title VI 
     of the Civil Rights Act, the National Environmental Policy 
     Act, and the Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act. the Conference also recognizes that 
     highway and transit capital projects assisted under TIFIA 
     will retain adequate protections for labor in terms of 
     prevailing wages, as required under title 23 provisions.
       The bill provides $530 million of contract authority, 
     funded from the Highway Trust Fund, to fund the budgetary or 
     subsidy costs of the Federal credit instruments between 
     fiscal years 1999-2003: $80 million in fiscal year 1999; $90 
     million in fiscal year 2000; $110 million in fiscal year 
     2001; $120 million in fiscal year 2002; and $130 million in 
     fiscal year 2003. (As with other Federal credit programs, the 
     non-budgetary or financing costs of the Federal credit 
     instruments will be funded from the General Fund.). The bill 
     caps the nominal amount of credit instruments supported by 
     this contract authority at $1.2 billion for each of fiscal 
     years 1998 and 1999; $1.8 billion for fiscal years 2000 and 
     2001; and $2.0 billion for fiscal years 2002 and 2003.
       The Conferees are aware that present Federal income tax law 
     prohibits the use of direct or indirect Federal guarantees in 
     combination with tax-exempt debt (section 149(b) of the 
     Internal Revenue Code of 1986. The TIFIA provisions of the 
     conference agreement do not override or otherwise modify this 
     provision of the Code.
       The Conference finds that developing, implementing, and 
     evaluating financial assistance programs such as TIFIA is a 
     crucial mission of the Department of Transportation. To 
     ensure the financial and programmatic success of TIFIA, the 
     conference strongly encourages the Secretary to establish an 
     organizational structure within the Department in which 
     financial assistance activities and programs can be closely 
     coordinated and monitored.
       In order to evaluate the effectiveness of this program, the 
     Secretary is required to submit a report to Congress within 
     four years of the date of enactment of this bill. The report 
     should summarize the program's financial performance to date, 
     and recommend whether the objectives of the program would be 
     best met by continuing the program under the authority of the 
     Secretary, establishing a Government corporation of 
     Government-sponsored enterprise to administer the program, or 
     by relying upon the capital markets to fund projects of 
     regional and national significance without Federal 
     participation.

                          Operation Lifesaver

     Senate bill
       Section 1401 continues funding for the Operation Lifesaver 
     program and requires a total of $500,000 for each of fiscal 
     years 1998 through 2003 to be set-aside by the Secretary from 
     surface transportation program funds. The funds shall be used 
     for public education programs designed to reduce the number 
     of accidents, deaths and injuries at highway-rail 
     intersections and within railroad rights-of-way.
     House bill
       Section 104(c) extends authority for funding for Operation 
     Lifesaver.
     Conference substitute
       The Conference finds both the House and Senate provision to 
     be substantially equivalent.

                       Railway-Highway Crossings

     Senate bill
       Section 1403 amends section 130 of title 23 United States 
     Code, and expands the eligibility of railway-highway funds to 
     include trespassing countermeasures in the vicinity of the 
     crossing, safety education, enforcement of traffic laws and 
     publicly sponsored projects at privately owned railway-
     highway crossings. States are required to report to the 
     Department on completed crossing projects funded under this 
     subsection for inclusion in the DOT/American Association of 
     Railroads National Grade Crossing Inventory.
       This section eliminates the requirement that half the funds 
     authorized under section 130 be available for installation of 
     protective devices at railway-highway crossings. These 
     activities, however, remain eligible for funding under this 
     section.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the Senate provision.

                       Hazard Elimination Program

      Senate bill
       Section 1404 expands the eligibility of the current hazard 
     elimination program to include a full range of safety 
     improvements for bicyclists and pedestrians, including 
     multimodal and community safety programs, and spot 
     improvement programs for rapid-response of low costs hazards, 
     such as potholes, roadway and trail debris, and unsafe 
     drainage gates is eligible for funding under this program. 
     This section also makes traffic calming measures eligible for 
     hazard elimination funds. The prohibition on States using 
     hazard elimination funds to correct hazards on routes on the 
     Interstate system is eliminated. This section also revises 
     the reference to ``highway safety improvement project'' in 
     subsection 152(b) to read ``safety improvement project'' to 
     reflect the multimodal focus of the hazard elimination 
     program.
     House bill
       Section 138 requires that hazards to bicyclists are 
     included in the hazardous locations inventory.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. It clarifies that to be eligible under this 
     section, a project must be related to a public surface 
     transportation facility. The Conference substitute does not 
     allow public transportation vehicles to be eligible for these 
     funds, nor does it allow the Secretary to determine 
     additional appropriate projects. In carrying out this 
     section, States should minimize any negative impact on safety 
     and access for bicyclists and pedestrians in accordance with 
     section 217.

                          Specialized Hauling

     Senate bill
       The Senate bill contains no comparable provisions.
     House bill
       Subsection 134(j) requires a study of the impact of truck 
     weight standards on specialized hauling vehicles.
     Conference substitute
       The Conference adopts the House provision with a 
     modification to require the study include, but not be limited 
     to, an analysis of the economic, safety, and infrastructure 
     impacts of truck weight standards.

                         Access for Motorcycles

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 135 specifies that State or local governments may 
     not restrict access of motorcycles to any highway facility 
     for which Federal-aid funds were used.
     Conference substitute
       The Conference adopts the House provision with 
     modifications to clarify that this provision only applies to 
     Federally-assisted highways open to traffic and will not 
     override or affect the applicability of any local 
     jurisdiction's safety laws.

                       232 Metropolitan Planning

     Senate bill
       Section 1601 retains the current structure and most of the 
     metropolitan planning provisions found in section 134 of 
     title 23. It retains the current project selection process 
     set forth in ISTEA.
       This section makes the following substantive changes to 
     current law. First, this section streamlines the 16 
     metropolitan planning factors found in current law into seven 
     issues to be considered in the planning process. Second, it 
     gives States flexibility to move projects within a 3-year 
     Transportation Improvement Program without FHWA approval if 
     the Governor and metropolitan planning organization agree. 
     Third, it eliminates the requirement that transportation 
     improvement programs identify the source of funds for 
     individual projects by Federal funding category. Fourth, this 
     section adds freight shippers to the list of stakeholders to 
     be given opportunities to comment on plans and transportation 
     improvement programs (TIPs). Finally, it provides that, for 
     urbanized areas designated after the enactment of this Act, 
     metropolitan area boundaries shall cover at least the 
     urbanized area and the area expected to become urbanized 
     within the 20-year forecast period and shall require the 
     agreement of the Governor and MPO. Such boundaries are not 
     required to include the entire ozone or carbon monoxide 
     nonattainment areas, as identified under the Clean Air Act.
     House bill
       Section 124 amends section 134 of title 23 by setting seven 
     general goals and objectives that may be considered in the 
     planning process. They include: supporting economic vitality; 
     increasing safety and security; increasing accessibility and 
     mobility; protecting the environment; integrating the 
     transportation system; promoting efficiency; and

[[Page H3908]]

     preserving existing facilities. These replace the existing 
     list of nineteen planning factors. The language also includes 
     fostering economic growth and development to the list of 
     reasons that is in the national interest.
       The section makes a number of technical changes to section 
     134(g) regarding long range plans. It also allows 
     metropolitan planning organizations to include projects that 
     would be funded if additional resources were available. The 
     inclusion of such projects is for illustrative purposes only. 
     The bill requires that a TIP be updated at least every three 
     years. It also allows the metropolitan planning organizations 
     to include projects that they would advance if additional 
     resources were available.
     Conference substitute
       The Conference substitute adopts a combination of both the 
     Senate and House provisions. The substitute retains the basic 
     current metropolitan planning structure and processes. As 
     included in both bills, the 16 planning factors are 
     streamlined to seven general factors to be considered in the 
     planning process. In considering the relationship between 
     transportation and quality of life, metropolitan planning 
     organizations are encouraged to consider the interaction 
     between transportation decisions and local land use decisions 
     appropriate to each area. The language clarifies that the 
     failure to consider any specific factor in formulating plans, 
     projects, programs, strategies and certification of planning 
     processes is not reviewable in court. The Conference 
     substitute also adopts the House provision including economic 
     growth and development as a general requirement in 
     metropolitan planning.
       As included in both bills, freight shippers and providers 
     of freight transportation services are included on the list 
     of persons to be given opportunities to comment on 
     metropolitan long-range plans and programs (TIPs) along with 
     the addition of representatives of users of public transit. 
     The Conference substitute also adopts the House provision 
     allowing MPOs to include an illustrative list of projects 
     that would be included on the TIP if additional resources 
     were available. The illustrative list does not affect the 
     fiscal constraint requirement of the TIP.
       The Conference substitute clarifies that the expansion or 
     designation of existing or new metropolitan planning 
     organization boundaries due to the imposition of any new air 
     quality standards will not automatically occur and such 
     boundaries will be determined by agreement of the governor 
     and the affected local governments.

                           Statewide Planning

     Senate bill
       Section 1602 retains the current structure and most of the 
     statewide planning provisions found in section 135 of title 
     23. It retains the current project selection process set 
     forth in ISTEA. This section makes the following substantive 
     changes to current law. First, it streamlines the 20 
     statewide planning factors found in current law into seven 
     broader issues to be considered in the planning process. 
     Second, it gives States flexibility to move projects within a 
     3-year Transportation Improvement Program (TIP) without FHWA 
     approval or action if the Governor and metropolitan planning 
     organization agree. Third, it eliminates the requirement that 
     transportation improvement programs must identify the source 
     of funds for individual projects by Federal funding category. 
     Finally, this section adds freight shippers to the list of 
     stakeholders to be given opportunities to comment on plans 
     and statewide transportation improvement programs (STIPs).
     House bill
       Section 125 amends section 135 of title 23 by setting the 
     scope of the planning process. States, to the extent they 
     determine appropriate, may consider goals and objectives in 
     the planning process, including supporting economic vitality, 
     increasing safety and security, increasing accessibility and 
     mobility, protecting the environment, integrating the 
     transportation system, promoting efficiency, and preserving 
     existing facilities. These considerations replace the 
     existing planning factors.
       Freight shippers and freight providers are added to the 
     list of groups that shall be allowed a reasonable opportunity 
     to comment on the proposed long-range plan and on the 
     proposed State transportation improvement plan. It requires 
     that in rural areas, the transportation program be developed 
     by the State in cooperation with local elected officials. It 
     also allows the State to include projects that it would fund 
     if additional resources were available. Projects undertaken 
     pursuant to the high risk road safety program are added to 
     the list of projects that must be selected by the State in 
     consultation with affected local officials.
       This section also includes a provision to study the 
     effectiveness of local planning.
     Conference substitute
       The Conference substitute adopts a combination of both the 
     Senate and House provisions. The substitute retains the basic 
     statewide planning structure and processes. As included in 
     both bills the 20 planning factors are streamlined to seven 
     general factors to be considered in the state planning 
     process. The language clarifies that the failure to consider 
     any specific factor in formulating plans, projects, programs, 
     strategies and certification of planning processes is not 
     reviewable in court.
       As included in both bills, freight shippers and providers 
     of freight transportation services are included on the list 
     of persons to be given opportunities to comment on statewide 
     long-range plans and programs (TIPs), along with the addition 
     of representatives of users of public transit. The Conference 
     substitute also adopts the House provision allowing States to 
     include an illustrative list of projects that would be 
     included in the TIP if additional resources were available. 
     The illustrative list does not affect the fiscal constraint 
     requirements of the TIP.
       The Conference substitute adopts the Senate provision, 
     allowing States flexibility to move projects within a three-
     year transportation improvement program without separate 
     approval or action by the Federal Highway Administration if 
     the MPO concurs. The substitute also includes a provision 
     requiring States to consult with local officials with 
     responsibility for transportation when formulating plans and 
     programs.

        Technical Correction Federal Aid/National Highway System

     Senate bill
       Subsection 1701(a) amends section 103 of title 23, United 
     States Code, to reflect that the National Highway System 
     (NHS) has been designated by Congress. It consolidates 
     several sections of title 23 regarding Interstate system 
     designations and the process for adding segments to the 
     Interstate. This section addresses interstate construction 
     funds and unobligated balances of Interstate substitute 
     funds, as these programs no longer exist.
       The NHS consists of an interconnected system of principal 
     arterial routes that serve major population center sand 
     intermodal transportation facilities. Its components include 
     the Interstate System and other urban and rural principal 
     aerials and highways (including toll facilities) that provide 
     motor vehicle access between major population centers, border 
     crossings, intermodal transportation facilities, and routes 
     important to defense within the United States. The mileage of 
     the NHS is limited to 178,250 miles. This mileage is equal to 
     the base amount of 155,000 miles, established in current law, 
     plus the 15 percent increase permitted under current law. The 
     Secretary may make modifications to the NHS routes proposed 
     by a State if the Secretary determines that the modification 
     meets the same criteria established under current law. 
     Modification proposals must be coordinated among the State, 
     local and regional officials.
       An Interstate System route is to be selected by joint 
     action of the State transportation agencies of the State in 
     which the route is located and the adjoining States in 
     cooperation with local and regional officials, and subject to 
     the approval of the Secretary. The mileage of the Interstate 
     System is limited to 43,000, an increase from the 41,000 mile 
     limit under current law.
     House bill
       Subsection 106(a) strikes existing provision for the 
     interim eligibility and approval of the National Highway 
     System.
     Conference substitute
       The Conference adopts the Senate provision.

               Corridor 10 Modification for West Virginia

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Subsection 106(J) designates certain portions of Route 10 
     in West Virginia as part of the National Highway System.
     Conference substitute
       The Conference does not adopt the House provision.

                           Nondiscrimination

     Senate bill
       Section 1703 amends section 324 of title 23, U.S.C. by 
     moving the provision on discrimination on the basis of sex to 
     section 140 as subsection (d). Under current law, both of 
     these sections address discrimination.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                    State Transportation Department

     Senate bill
       Section 1704 makes technical corrections to section 302 of 
     title 23, United States Code. It changes the term ``state 
     highway department'' to ``state transportation department'' 
     to emphasize and reflect the intermodal focus of these 
     departments. It eliminates the requirement for a secondary 
     road unit as there is no longer a secondary system and 
     secondary plans have been eliminated. It also establishes 
     that compliance with section 302, as revised by this section 
     shall have no effect on the eligibility of costs. This 
     subsection eliminates 302(b) regarding the construction of 
     projects on the secondary system.
     House bill
       Section 134(g) amends title 23 to clarify that section 302 
     does not limit reimbursement of eligible indirect costs to 
     State and local governments. This will make the Federal-aid 
     Highway program consistent with other Federal programs, 
     reducing an administrative burden caused by requiring States 
     to develop separate accounting systems.

[[Page H3909]]

     Conference substitute
       The Conference adopts the Senate provision.

                             Signing Survey

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Subsection 133(h) requires the Secretary to conduct a study 
     to determine the practices in the States for specific service 
     food signs.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute provides language to clarify 
     that recommendations for modifications to the Manual on 
     Uniform Traffic Control Devices for Streets and Highways that 
     result from this study should be made only if appropriate.

                   Amendments to Title 23 (De-icing)

     Senate bill
       Section 1806 make anti-icing and de-icing compositions that 
     are agriculturally derived, environmentally acceptable, and 
     minimally corrosive eligible for use on bridges under the 
     surface transportation program and on Interstate and National 
     Highway System bridges.
     House bill
       Subsections 107(d) and 108(b) makes certain anti-icing and 
     de-icing compositions used on bridges eligible under the 
     bridge program and under the surface transportation program.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute deletes the reference to 
     agriculturally-derived compositions, but environmentally 
     acceptable compositions in general are acceptable. In 
     addition, it ensures, that all bridges are able to use these 
     anti-icing and de-icing components.

                         Penn Station Board, NY

     Senate bill
       Section 1810 allows the Secretary of Transportation, the 
     Federal Railroad Administrator and their designees to serve 
     as ex-officio members of the Board of Directors of the 
     Pennsylvania Station Redevelopment Corporation.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                         Union Station Board DC

     Senate bill
       This provision allows the Secretary of Transportation, the 
     Federal Railroad Administrator and their designees to serve 
     as ex-officio members of the Board of Directors of the Union 
     Station Redevelopment Corporation.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

                 Study Southwest Border Infrastructure

     Senate bill
       Section 1813 requires the Secretary to conduct a 
     comprehensive assessment of the state of transportation 
     infrastructure on the southwest border between the United 
     States and Mexico. The Secretary is required to submit the 
     report to Congress one year after the date of enactment of 
     this Act.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification to ensure that the assessment of the adequacy of 
     law enforcement and narcotics abatement activities include 
     their relationship to infrastructure in the border area.

                    Report on Utilization Potential

     Senate bill
       Section 1817 requires the Secretary to conduct a study of 
     ferry transportation in the United States, including the 
     territories, to identify existing ferry operations and 
     develop information on the ferry routes. The Secretary is to 
     submit the report to Congress within one year of enactment of 
     this Act.
     House bill
       Section 121(b) requires the Secretary to conduct a study of 
     ferry transportation in the United States, including the 
     territories, to identify existing ferry operations and to 
     identify potential domestic ferry routes. The provision 
     requires the report to be submitted to Congress.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The substitute adds language to ensure the 
     report includes identification of funding sources for ferry 
     construction, and the potential for high speed and 
     alternative-fueled ferry services. It also states that the 
     report be submitted to the Committee on the Environment and 
     Public Works of the United States Senate, rather than the 
     Commerce, Science and Transportation Committee.

                        Life Cycle Cost Analysis

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 139(a) requires life cycle costs analysis on every 
     project under title 23 and requires the analysis to conform 
     with the Executive Order on Infrastructure Investment.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. Subsection (a) eliminates the mandate that 
     States conduct life-cycle costing procedures on each usable 
     project segment of $5 million or more on the National Highway 
     System. The Secretary of Transportation shall develop a set 
     of procedures to be issued as recommendations to the States 
     for conducting analyses of the life-cycle costs for projects 
     on the National Highway System. In making a recommendation, 
     the Secretary shall consult with AASHTO and include the 
     principles identified in Executive Order 12893.
       Life-cycle cost analysis is a process to reduce costs and 
     improve quality and performance. In order to achieve these 
     goals, the Secretary's recommendations shall suggest a 
     uniform analysis period and uniform discount rates as 
     established in OMB Circular A-94 for all Federal-aid National 
     Highway System projects. The recommendation shall incorporate 
     factors such as a documented, vigorous maintenance schedule 
     user costs, and the life of the project. The States are 
     encouraged to use the recommendations to the maximum extent 
     possible on National Highway System projects.

                      Roadside Safety Technologies

     Senate bill
       Section 3107 requires the Secretary to issue guidance 
     regarding the benefits and safety performance of redirective 
     and nonredirective crash cushions. States are to use this 
     guidance in evaluating the safety and cost-effectiveness of 
     using different crash cushion designs or other safety 
     appurtenances.
     Houser bill
       Subsection 126(a) requires the issuance of guidance to the 
     States on the proper uses of various types of crash cushions. 
     The States shall use such guidance to evaluate the use of 
     such devices.
     Conference substitute
       The Conference adopts the House provision with a 
     modification to extend the report deadline to 18 months after 
     enactment, rather than one year.

     Traffic Flow and Roadside Safety Applications of Road Barriers

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Subsection 126(b) requires the Secretary to conduct a study 
     on the use of moveable barrier technologies. The provision 
     requires the Secretary to submit a report to Congress no 
     later than one year after enactment of this Act, and to 
     provide the report to States for their use on appropriate 
     projects on Federal-aid Highways.
     Conference substitute
       The Conference adopts the House provisions with 
     modifications. The substitute provides language clarifying 
     the States can use the results of the study at their 
     discretion. In addition, the deadline for the report is 
     extended to 18 months rather than 1 year after date of 
     enactment.

                   Study: Vehicle Weight Enforcement

     Senate bill
       The Senate bill contains no comparable provision.
     House bill
       Section 412 directs the Secretary to conduct a study on the 
     effectiveness and deterrent value of State laws and 
     regulations pertaining to penalties for violations of 
     commercial motor vehicle weight laws. The Secretary shall 
     issue a report to Congress not later than two years after 
     enactment.
     Conference substitute
       The Conference adopts the House provision.

                             Worker Safety

       Workers engage in repair, demolition, and maintenance of 
     existing highways, highway structures, and other construction 
     projects frequently are exposed to hazardous materials 
     including lead and asbestos. It is well established that even 
     though safeguards to protect workers are supposed to be 
     place, frequently they are not adequately followed.
       In 1992, NIOSH conducted a study of contamination of 
     workers' homes with hazardous chemicals and substances 
     transported from the workplace, the study found that such 
     incidents have resulted in a wide range of health effects and 
     death among workers' families exposed to toxic substances and 
     infectious agents.
       Seven Federal statutes provide Federal agencies with some 
     mechanisms for responding to or preventing workers' home 
     contamination. Twenty rules or standards in the Code of 
     Federal Regulations, including regulations promulgated by the 
     Environmental Protection Agency and OSHA, address workers' 
     home contamination or have elements that serve to protect 
     worker's families.
       Contamination of workers' homes by hazardous substances 
     transported from the workplace must be minimized. To 
     accomplish this, it is essential that all workers are

[[Page H3910]]

     equipped with suitable protective, reusable clothing, and 
     that such clothing is either disposed of properly or 
     laundered in certified laundry facilities that assure that 
     contamination found in the clothing do not result in exposure 
     in the home, exposure to workers handling the clothing, or 
     become environmental pollutants.
       Adequate safeguards and facilities exist and the Federal 
     government through enforcement of current Federal regulations 
     should make a greater effort to assure that these safeguards 
     are followed. It is economically beneficial, safe for workers 
     and their families, and environmentally sound to required 
     recyclable or reusable work clothes when engaged in workplace 
     activities involved exposure to hazardous substances. Only 
     licensed laundry facilities, in compliance with Federal 
     standards, should be utilized for the laundering of such 
     clothing.

                        Uniform Transferability

     Houser bill
       Section 505 creates a new uniform transferability of 
     Federal-aid highway funds in section 110 in title 23. The 
     provision applies to any highway program or set-aside within 
     a program which does not allow at least 50 percent of the 
     apportioned or set-aside funds to be transferred to another 
     category. The provision allows any State to transfer up to 50 
     percent of any funds apportioned to it, as well as any funds 
     within that apportionment that have special requirements or 
     constitute a set aside, to any other category of funds.
       The section also sets rules for the transferability of 
     certain funds set-aside within the Surface Transportation 
     Program. For funds set-aside for the hazard mitigation and 
     rail-highway grade crossing programs, a State may not 
     transfer a mandatory minimum level. For funds set-aside for 
     transportation enhancements, up to 50 percent of the funds 
     above the level received by a State in Fiscal Year 1996 are 
     available to be transferred. For funds apportioned for the 
     Congestion Mitigation and Air Quality program, States may 
     transfer up to 50 percent of the increase over its Fiscal 
     Year 1997 apportionment.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the House provision.

                          Midcourse Correction

     House bill
       Section 508 directs the Secretary to withhold certain funds 
     for fiscal 2001 until August 1, 2001 unless Congress enacts a 
     law making midcourse corrections to the highway and transit 
     programs. At a minimum, the midcourse correction must include 
     a funding distribution for the high cost interstate program, 
     approve a system of performance bonuses, approve an 
     Appalachian development highway system program, and approve 
     projects within the transit capital program.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference does not adopt the House provision.

                     Flexibility of Safety Programs

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1233 gives additional flexibility to safety set-
     aside requirements. This provision requires each State to set 
     aside 2 percent of its Surface Transportation Program (STP) 
     apportionment for railway-highway crossings; 2 percent of its 
     STP funds for hazard elimination activities; and 6 percent of 
     its STP funds for railway-highway crossings or hazard 
     elimination activities.
       Additional discretion is given to each State to transfer up 
     to 100 percent of its 6 percent STP safety set-aside funds to 
     its section 402 safety program or to its Motor Carrier Safety 
     program allocation. The requirement that half the funds 
     authorized and expended under section 130 be available for 
     installation of protective devices at railway-highway 
     crossings is eliminated. The revised section, however, 
     retains this use as an eligible activity.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification. The substitute does not allow transfers to the 
     section 402 safety program or the motor carrier safety 
     program.

                  Railway Crossing Hazard Elimination

     House bill
       Section 104(c) extends the High Speed Rail Corridors grade 
     crossing program. Funding for the High Speed Rail Corridors 
     grade crossing program is increased to $5.25 million per 
     year. In addition, the subsection specifically designates the 
     Minneapolis/St. Paul, Minnesota, to Chicago, Illinois, 
     segment as a part of the Midwest High Speed Rail Corridor 
     (also known as the Chicago Hub). The Minnesota, Wisconsin, 
     and Illinois Departments of Transportation have completed 
     preliminary feasibility studies on the Minneapolis/St. Paul-
     Chicago segment and the Federal Railroad Administration has 
     provided funding for the segment under the Next Generation 
     High Speed Rail Corridor program.
     Senate amendment
       Section 1402 authorizes $5 million to be set-aside from 
     Surface Transportation Program funds in each of fiscal years 
     1998 to 2003 to be allocated by the Secretary to address 
     railway-highway crossing hazards in five existing high speed 
     rail passenger corridors and the authority to select three 
     additional corridors. The Secretary is to consider ridership 
     volume, maximum speeds, benefits to nonriders such as 
     congestion relief, State and local financial support and the 
     cooperation of the owner of the right-of-way.
       The previously selected rail corridors under the program: 
     (1) San Diego to Sacramento, CA; (2) Detroit, MI to 
     Milwaukee, WI; (3) Miami to Tampa, FL; (4) Washington, D.C. 
     to Charlotte, NC; (5) Vancouver, B.C. to Eugene, OR. The New 
     York City-Albany-Buffalo high speed Empire Corridor as an 
     example of a project that meets the intent of this section 
     because of its current travel at high rates of speed and its 
     level of ridership.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The substitute includes funding for site 
     specific corridors that were included in both the Senate and 
     House bills. It also makes improvements to the Minneapolis/
     St. Paul-Chicago segment of the Midwest High Speed Rail 
     Corridor.

                          Gulf Coast Corridor

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1402 requires the Secretary to expend funds under 
     the railway-highway crossing hazard elimination in high speed 
     rail corridors program for a Gulf Coast high speed railway 
     corridor.
     Conference substitute
       The Conference adopts the Senate provision.

                       Environmental Streamlining

     House bill
       Section 502 establishes a coordinated environmental review 
     process for highway construction projects so that whenever 
     practicable, all environmental reviews, analyses, opinions 
     and any permits, licenses, or approvals that must be issued 
     by a Federal agency are conducted concurrently and within 
     cooperatively established time periods. The time periods must 
     be consistent with those established by the Council on 
     Environmental Quality (CEQ) in implementing NEPA. Agreed upon 
     time periods may be extended by the Secretary, if, upon good 
     cause shown, the Secretary and the Federal agency determine 
     that an extension is necessary as a result of new information 
     that could not reasonably have been anticipated when the time 
     periods for review were established; In the event that an 
     agency fails to complete its review or analysis within an 
     agreed upon time period, the Secretary may close the record.
       The House bill further directs the Secretary, in 
     consultation with CEQ, to establish a State environmental 
     review delegation pilot demonstration program to allow a 
     limited number of States to assume responsibility for 
     implementing NEPA for highway projects. The pilot program is 
     authorized for three years.
     Senate amendment
       Section 1225 requires the Secretary to develop an 
     integrated decisionmaking process for surface transportation 
     projects. Using the environmental review process under the 
     National Environmental Policy Act (NEPA), the section 
     establishes a mechanism to coordinate the permitting process 
     for surface transportation projects, encouraging 
     consolidation of Federal, State, local and Tribal 
     decisionmaking to the maximum extent practicable, and early 
     consideration of environmental impacts. The section further 
     encourages the use of collaborative, problem solving and 
     consensus building approaches to implement the integrated 
     process.
     Conference substitute
       The Conference adopts the House language with the following 
     three modifications. First, the provisions establishing a 
     pilot program to delegate responsibility for compliance with 
     the requirements of NEPA to up to eight States is deleted. 
     Second, the language directing agencies to provide due 
     consideration to the determination of the Secretary with 
     respect to the purpose and need of a highway project is 
     deleted. Third, the conference substitute clarifies that the 
     authority of the Secretary to close the record in the event 
     that another agency fails to meet an agreed-upon deadline for 
     completing its environmental review of a proposed project is 
     limited to the record with respect to the matter before the 
     Secretary.
       Both the House and Senate bills seek to address the same 
     concerns; the delays, unnecessary duplication of effort, and 
     added costs often associated with the current process for 
     reviewing and approving surface transportation projects. The 
     U.S. Department of Transportation has, through its 
     administrative initiatives, attempted to address some of 
     these problems. Legislation is appropriate, however, to 
     further improve the integration and coordination of decisions 
     relating to highway projects. Better and earlier coordination 
     among the agencies involved in the decisionmaking process for 
     highway projects should help reduce conflicts and their 
     associated delays and costs.
       The fundamental goals of the environmental streamlining 
     provisions are to establish an integrated review and 
     permitting process that identifies key decision points

[[Page H3911]]

     and potential conflicts as early as possible; integrates the 
     NEPA process as early as possible; encourages full and early 
     participation by all relevant agencies that must review a 
     highway construction project or issue a permit, license, 
     approval or opinion relating to the project; and establishes 
     coordinated time schedules for agencies to act on a project.
       To accomplish these goals, the Conference substitute adopts 
     the House provision encouraging the Secretary to enter into 
     memoranda of agreement (MOAs) with the agencies responsible 
     for reviewing the environmental documents prepared under NEPA 
     or for conducting other environmental reviews, analyses, 
     opinions or issuing any licenses, permits or approvals 
     relating to a project. It is expected that Federal, State and 
     other agencies involved in reviewing and approving a project, 
     or components of a project, will use the MOA process to 
     establish cooperatively determined time periods to complete 
     their work and, more generally, to describe how, and the 
     extent to which, the various permitting requirements and 
     environmental reviews relating to the project will be 
     integrated. MOAs may include a variety of interagency 
     agreements. In order to avoid subsequent conflicts and delays 
     on a project, agencies are encouraged to solicit early public 
     input in the development of an MOA.
       The Conference substitute retains the House provisions 
     regarding the joint development of time periods for each 
     agency involved in the review and approval of a project to 
     complete its review. The language further provides that any 
     environmental reviews, including those required under NEPA, 
     conducted with respect to a project shall generally be done 
     concurrently unless conducting a concurrent review would 
     result in a significant adverse effect on the environment, 
     would substantively alter Federal law, or would not be 
     possible without information developed during the review 
     process. This last exception is intended to ensure that 
     agencies are not put in the position of having to complete 
     environmental reviews before they have sufficient information 
     to conduct a meaningful review.
       The provisions relating to the Secretary's authority to 
     close the record have been modified to clarify the extent of 
     the Secretary's authority to issue a record of decision for a 
     project in the event that another agency fails to meet the 
     agreed upon deadline for completing its review of any 
     environmental documents required for the project under NEPA. 
     The Secretary's authority to close the record authority does 
     not extend to reviews, analyses, opinions or decisions 
     conducted by another agency on any permit, license or 
     approval issued by that agency. For example, if a project 
     requires the Corps of Engineers to issue a permit under 
     section 404 of the Clean Water Act, the Secretary may not 
     restrict the Corps' review with respect to its decision to 
     issue the 404 permit, even if the Corps fails to meet a 
     deadline set forth in a MOA with the Secretary. Therefore, 
     the conference substitute includes language affirming that 
     the Secretary's authority to close the record is limited to 
     the record on the matter pending before the Secretary. This 
     still allows the Secretary to issue a record of decision on a 
     highway project, even if other agencies have not completed 
     their review of the environmental documents required under 
     NEPA for the project.
       The conference substitute allows the additional costs 
     associated with Federal agencies complying with this 
     streamlined process to be considered eligible projects 
     expenses under the Federal-aid highway program. Such costs 
     may only be for the additional amount the Secretary 
     determines are necessary to Federal agencies to meet the time 
     periods for environmental review where such time periods are 
     less than the customary time for such review.
       For purposes of this section, the term Federal agency 
     includes any Federal agency or State agency carrying out 
     affected responsibilities by operation of Federal law.
       These provisions makes a number of significant procedural 
     changes and improvements to the process for reviewing and 
     approving highway projects. It is expected that the Secretary 
     will publish regulations, after public notice and comments, 
     to implement these new procedures.

                         Applicability of NEPA

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1602(h) of the Senate bill reaffirms that the 
     requirements of the National Environmental Policy Act (NEPA) 
     do not apply to State plans and programs developed pursuant 
     to sections 134 or 135 of title 23, United States Code.
     Conference substitute
       The Conference substitute adopts the Senate language. This 
     provision is consistent with current law and practice. To 
     date, State transportation plans and programs developed under 
     sections 134 or 135 of title 23, United States Code, and 
     decisions by the Secretary regarding those plans or programs, 
     have not been considered to be Federal actions for purposes 
     of NEPA. Nothing in this provision, however, is intended to 
     prohibit a State from applying NEPA early in the 
     decisionmaking making process for surface transportation 
     projects, including at the planning stage, if it so chooses. 
     Individual projects included in plans or programs continue to 
     be subject to NEPA.

                            Repeat Offenders

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1405 establishes a new program to address the 
     growing problem of repeat, hardcore drunk drivers with high 
     alcohol concentrations. The section requires States to enact 
     and enforce penalties for drunk drivers who have an alcohol 
     concentration of .15 or greater, and who have been convicted 
     of a second or subsequent drunk driving offense within 5 
     years. Minimum penalties shall include a license suspension 
     of not less than 1 year, an assessment of the individual's 
     abuse of alcohol and recommended treatment regimes as 
     appropriate, and either an assignment of 30 days community 
     service or 5 days of imprisonment.
       States failing to enact or enforce the described minimum 
     penalties for repeat drunk drivers with high alcohol 
     concentrations by fiscal year 2000, will have 1\1/2\ percent 
     of their INHS and STP funds transferred to fund alcohol-
     impaired driving programs. For fiscal year 2002 and 2003, 
     States that have failed to enact or enforce a repeat 
     intoxicated driver law will be required to transfer 3 percent 
     of their NHS and STP funds for alcohol-impaired driving 
     programs.
     Conference substitute
       The Conference adopts the Senate provisions with 
     modifications. Instead of withholding funds, the substitute 
     language the States in noncompliance to transfer funds to 
     safety programs.

                       Seat Belt Incentive Grant

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1406 establishes a new program to encourage States 
     to promote and increase seat belt usage in passenger motor 
     vehicles. This new program provides incentive grants to 
     States that either obtain a State seat belt use rate above 
     the national average, or increase the State seat belt usage. 
     The Secretary shall determine annually: 1) those States that 
     achieved a usage rate higher than the national average, and 
     the amount of Federal government budget savings from Federal 
     medical insurance programs associated with the higher seat 
     belt usage rate; or 2) those States that realized an increase 
     in the seat belt rate compared with the State's base rate, 
     and the resulting Federal government budget savings from 
     Federal medical insurance-programs.
       Under this section, the Secretary is required to allocate 
     to each State in fiscal years 1999 through 2003 the amount of 
     Federal medical savings that resulted from either increases 
     in seat belt usage over the national average or increases 
     over the State's base rate. This section provides $60 million 
     for fiscal year 1998; $70 million for fiscal year 1999; $80 
     million for fiscal year 2000; $90 million for fiscal year 
     2001; and $100 million for each of fiscal years 2000 and 
     2003.
     Conference substitute
       The Conference adopts the Senate provision.

                Scenic Byways Center, Duluth, Minnesota

     House bill
       Section 118(c) authorizes $1.5 million for each fiscal 
     years 1998 through 2003 to establish a center for national 
     scenic byways in Duluth, Minnesota. This center would provide 
     technical communications and network support for nationally 
     designated byway routes.
     Senate amendment
       The Senate contains no comparable provision.
     Conference substitute
       The Senate adopts the House provision. It is the Conferees 
     intent that the Center for the National Scenic Byways be 
     staffed by the regional planning agency located in 
     Northeastern Minnesota. The regional planning agency located 
     in Northeastern Minnesota has experience in transportation 
     planning, tourism planning, resource planning, economic 
     development and community planning. The regional planning 
     agency has demonstrated its ability to manage scenic byway 
     projects, develop a technical information network and provide 
     national leadership in supporting the National Scenic Byway 
     Program.

                   Wetland Restoration Pilot Program

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 1503 authorizes the Secretary to establish a 
     national wetland restoration pilot program. This 
     discretionary pilot program shall fund restoration projects 
     to offset the degradation of wetlands resulting from highway 
     construction projects carried out before December 27, 1977. 
     The Secretary is required to submit a report on the results 
     of the program every three years. This provision provides 
     contract authority in the amount of $12 million for fiscal 
     year 1998; $13 million for fiscal year 1999; $14 million for 
     fiscal year 2000; $17 million for fiscal year 2001; $20 
     million for fiscal year 2002; and $24 million for fiscal year 
     2003 to carry out this program.
       This section is devoted to historic losses of wetlands 
     only. Funds provided in this program are not intended to 
     reward State departments of transportation for knowingly

[[Page H3912]]

     degrading wetlands through highway construction. Therefore, 
     the funds provided in this section are not to be used to 
     mitigate wetlands losses from current and future highway 
     projects or from projects carried out after December 1977.
     Conference substitute
       The Conference adopts the Senate provision.

                        TITLE II--HIGHWAY SAFETY


                         amendments to title 23

     House bill
       This section provides that, except as otherwise 
     specifically provided, whenever in this title an amendment or 
     repeal is expressed in terms of an amendment to, or repeal 
     of, a section or other provisions of law, the reference shall 
     be considered to be made to a section or other provision of 
     title 23, United States Code.
     Senate amendment
       Section 3002 provides that, unless otherwise provided, 
     statements of amendment or repeal in this title refer to 
     sections or provisions of title 23, United States Code.
     Conference substitute
       No provision is included.


                   sec. 2001. highway safety programs

     House bill
       Sec. 202. Highway Safety Programs.
       Subsection (a) amends the highway safety program to include 
     uniform guidelines that prevent accidents. This subsection 
     also makes a technical and conforming amendment to the 
     highway safety program.
       Subsection (b) makes several technical and conforming 
     amendments to section 402(b).
       Subsection (c) amends section 402(c) to increase the 
     minimum annual apportionment to Indians (through the 
     Secretary of the Interior) from one-half of one percent to 
     three-fourths of one percent of the total apportionment under 
     the section.
       Subsection (d) amends section 402(i) to allow section 402 
     grants to be made to Indian tribes in Indian Country. This 
     subsection also defines Indian Country.
       Subsection (e) amends section 402(j) to delete rulemaking 
     requirements and instead directs the States to consider 
     highly effective programs that reduce crashes, injuries, and 
     deaths that have been identified by the Secretary when the 
     States develop their highway safety programs.
     Senate amendment
       Sec. 3101 continues the existing State and community 
     highway safety program, established under Section 402 of 
     title 23, United States Code, and amends the program as 
     follows:
       Subsection (a), ``Uniform Guidelines,'' and Subsection (b), 
     ``Administrative Requirements,'' make several technical and 
     conforming amendments to Sections 402 (a) and (b).
       Subsection (c), ``Apportionment of Funds,'' makes one 
     technical correction to Section 402(c) and one substantive 
     amendment. To increase the effective delivery of the Section 
     402 program to the more than 500 Federally recognized Indian 
     tribes, an amendment is provided to raise the minimum annual 
     apportionment to the Indians (through the Secretary of the 
     Interior) from one-half of one percent to three-fourths of 
     one percent of the total apportionment under the section.
       Subsection (d), ``Application in Indian Country,'' amends 
     Section 402 to allow Section 402 grants to be made to Indian 
     tribes in ``Indian Country.''
       Subsection (e), ``Rulemaking Process,'' amends Section 
     402(j), which requires the periodic identification, by 
     rulemaking, of highway safety programs that are most 
     effective in reducing traffic crashes, injuries, and deaths. 
     Instead of requiring the States to direct the resources of 
     the national program to the fixed areas identified by this 
     rulemaking process, the amendment directs the States to 
     consider these highly effective programs when developing 
     their highway safety programs.
       Section 3105 would amend Section 402(a) of title 23, U.S. 
     Code, to insert ``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.''
     Conference substitute
       The conference agreement includes comparable provisions of 
     the House bill and Senate amendment. In addition, subsection 
     202(f) of the House bill allowing States to use section 402 
     funds to purchase television and radio time for public 
     service announcements is revised to include a requirement 
     that States which use funds for such purposes submit a report 
     to the Secretary on the effectiveness of the messages.
       Section 3105 of the Senate amendment regarding enforcement 
     of window glazing standards is included in subsection (a)(3).


           sec. 2002. highway safety research and development

     House bill
       Sec. 203. Highway Safety Research and Development.
       This section amends section 403(a) relating to highway 
     safety research and development to provide additional 
     authority to the Secretary to engage in research focusing on 
     training in work zone safety management.
     Senate amendment
       Section 3104(a)(1) amends Section 403(b)(1) of title 23, 
     U.S. Code, to add a provision on programs to train law 
     enforcement officers on motor vehicle pursuits conducted by 
     police. Section 3104(a)(2), allows the Secretary to use, out 
     of the amounts appropriated to carry out section 403 of title 
     23, U.S. Code, such amounts as may be necessary to carry out 
     the motor vehicle pursuit training program of section 
     403(b)(1)(D) of title 23, U.S. Code, but not in excess of 
     $1,000,000 for each of fiscal years 1999, 2000, 2001, 2002, 
     and 2003.
       Section 3104(b) directs that, not later than 180 days after 
     the date of enactment of this Act, the Attorney General of 
     the United States, the Secretaries of Agriculture, Interior, 
     Treasury, the Chief of Capitol Police, and the General 
     Services Administrator shall transmit a report to Congress on 
     their policy concerning motor vehicle pursuits, and a 
     description of their procedures for such training.
       Subsection (h), ``Drugged Driver Research and Demonstration 
     Program,'' amends Section 403 (Highway Safety Research and 
     Development) of title 23, U.S. Code, to direct the Secretary 
     to do research on (1) the relationship between the 
     consumption and use of drugs and their effect on highway 
     safety and drivers; and (2) driver behavior research; and 
     measures that may deter drugged driving. Section 3103(1)(E), 
     noted below, authorizes $2 million for each of fiscal years 
     1999-2003 to carry out the drugged driving research and 
     demonstration programs under subsection (h).
     Conference substitute
       The Senate recedes to the House provision amending section 
     403(a) of title 23 regarding work zone safety management.
       The House recedes with modifications to subsection 3101(h) 
     and section 3104 of the Senate amendment to amend section 
     403(b) regarding drugged driving and programs to train law 
     enforcement officers on motor vehicle pursuits conducted by 
     law enforcement officers. Not more than $2 million per fiscal 
     year from section 403 funds shall be available for drugged 
     driving activities and not more than $1 million per fiscal 
     year from section 403 funds shall be available for motor 
     vehicle pursuit activities.


            sec. 2003. occupant protection incentive grants

     House bill
       Sec. 204. Occupant Protection Incentive Grants.
       This section establishes a new occupant protection 
     incentive grant program under section 405 of title 23, United 
     States Code. The Secretary is authorized to make grants to 
     States that adopt and implement effective laws and programs 
     aimed at increasing safety belt and child safety seat use.
       New subsection 405(a) sets forth the general authority to 
     make grants to states; requires maintenance of effort by 
     States receiving such grants; sets forth a six-year maximum 
     period of maximum eligibility and a federal share of 75 
     percent in the first two years a state receives a grant, 
     50 percent in the third and fourth years, and 25 percent 
     in the fifth and sixth years.
       New subsection 405(b) sets forth criteria for Grant A. A 
     state must meet at least five (and beginning in fiscal year 
     2001, six) of the following: (1) a law that makes it unlawful 
     throughout the State the operation of a passenger motor 
     vehicle whenever a person (other than a child who is secured 
     in a child restrain system) in the front seat of a vehicle 
     (and beginning in fiscal year 2000, in any seat in the 
     vehicle) does not have a safety belt properly secured about 
     the person's body; (2) a provision in its safety belt use law 
     that provides for its primary enforcement; (3) the State 
     imposes a minimum fine or penalty points against an 
     individual's driver's license for a violation of the State's 
     safety belt use law; (4) a law requiring children up to four 
     years of age to be properly secured in a child safety seat in 
     all appropriate seating positions in all passenger motor 
     vehicles; (5) a Statewide special traffic enforcement program 
     that includes emphasis on publicity for the program; (6) a 
     Statewide comprehensive child occupant protection education 
     program; and (7) a law that a child up to 10 years of age 
     (and beginning in 2003 a child up to 16 years of age) is 
     properly restrained.
       New subsection 405(c) sets forth criteria for Grant B: A 
     State must: (1) demonstrate a Statewide safety belt use rate 
     in both front outboard seating positions in all vehicle types 
     of 80 percent or higher in each of the years a grant is 
     received; and (2) follow safety belt use survey methods which 
     conform to guidelines issued by the Secretary ensuring that 
     such measurements are accurate and representative.
       New subsection 405(d) provides that States that meet the 
     criteria for grants A or B would receive, for each grant, up 
     to 30 percent of its fiscal year 1997 apportionment under 
     section 402, of title 23, United States Code.
       New subsection 405(e) defines the terms ``child safety 
     seat,'' ``motor vehicle,'' ``multipurpose passenger 
     vehicle,'' ``passenger vehicle,'' and ``safety belt.''
       New subsection 405(f) provides that administrative expenses 
     are limited to 5 percent of program funds.
       New subsection 405(g) provides that funding for the program 
     is provided with contract authority and the non-Federal share 
     may be provided through credits for State and local 
     expenditures. The Secretary also has the authority to 
     increase the Federal share for certain Indian tribe programs. 
     The Secretary of Interior is authorized to receive funds made 
     available for Indian tribe programs.

[[Page H3913]]

     Senate amendment
       Section 3103(g) amends title 23, U.S. Code, to establish a 
     new occupant protection inventive program under Section 410 
     of title 23 (``Safety belts and occupant protection 
     programs''), to encourage States to increase their level of 
     effort and implement effective laws and programs aimed at 
     increasing safety belt and child safety seat use. The new 
     Section 410 contains two subsections--subsection (a) and 
     subsection (b).
       Under Section 410(a), a State may establish its eligibility 
     for one or both of two basic occupant protection grants--A 
     and B--by adopting or demonstrating certain criteria, as 
     appropriate, to the satisfaction of the Secretary.
       To establish eligibility for the first basic grant A under 
     paragraph (1), a State must adopt or demonstrate at least 4 
     of the 6 following: (1) a 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; (2) a 
     provision in its safety belt use law that provides for its 
     primary enforcement; (3) a law requiring minors who are 
     riding in a passenger motor vehicle to be properly secured in 
     a child safety seat or other appropriate restraint system; 
     and, 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; (4) 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 restraint systems, 
     and submits to the Secretary an evaluation or report on the 
     effectiveness of the programs at least 3 years after receipt 
     of the grant; (5) 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; and (6) a statewide occupant protection Special Tariff 
     Enforcement Program (STEP) that includes emphasis on 
     publicity for the program.
       To establish eligibility for the second basic grant B under 
     paragraph (2), a State must: (1) demonstrate a statewide 
     safety belt use rate in both front outboard seating positions 
     in all passenger motor vehicles of 80 percent or higher in 
     each of the first three years a grant is received, and of 85 
     percent or higher in each of the fourth, fifth, and sixth 
     years a grant is received; and (2) follow safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       States that meet the criteria for a basic grant under 
     paragraph (1) or (2) would receive, for each grant, up to 20 
     percent (up to 40 percent if they qualify for both) of their 
     fiscal year 1997 apportionment under Section 402 of Title 23, 
     United States Code.
       States that meet the criteria for one or both of the two 
     basic grants also would be eligible to receive supplemental 
     grants for one or more of the following: (1) requiring the 
     imposition of penalty points against a driver's license for 
     violations of child passenger protection requirements; (2) 
     having no non-medical exemptions in effect in their safety 
     belt and child passenger protection laws; (3) having in 
     effect a law that requires safety belt use by all rear-seat 
     passengers in all passenger motor vehicles with a rear seat. 
     For each supplemental grant criterion that is met, a State 
     would receive an amount up to 5 percent of its Section 402 
     apportionment for fiscal year 1997. Definitions are provided 
     for ``child safety seat,'' ``motor vehicle,'' ``multipurpose 
     passenger vehicle,'' ``passenger car,'' ``passenger motor 
     vehicle,'' and ``safety belt.''
       Under Section 410(b), subject to the availability of 
     appropriations, the Secretary may make a grant to a State 
     that demonstrates the implementation of a Child Occupant 
     Protection Education Program, described in subsection 
     (a)(1)(D), that submits an application, in the form and 
     manner as the Secretary may prescribe, that is approved by 
     the Secretary to carry out activities specified in 
     subparagraph (B) through: (1) the child occupant protection 
     program of the State, described in subsection (a)(1)(D); and 
     (2) at the option of the State, a grant program established 
     by the State to provide for 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.
       Funds provided to a State under a grant under this 
     subsection shall be used to implement child restraint 
     programs specified under subparagraph (B), which specifically 
     include programs that: (1) are designed to prevent deaths and 
     injuries to children under the age of 9; and (2) educate the 
     public concerning 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 appropriate 
     child restraint design, selection and placement; and harness 
     threading and harness adjustment; and train and retrain child 
     passenger safety professionals, police officers, fire and 
     emergency medical personnel, and other educators concerning 
     all aspects of child restraint use.
       The Secretary may make a grant under this subsection 
     without regard to whether a covered State, described in 
     subsection without regard to whether a covered State, 
     described in subsection (a)(1)(D), is eligible to receive, or 
     has received, a grant under subsection (a).
       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. This report shall contain such information as the 
     Secretary may require; and at a minimum, describe the program 
     activities undertaken with the grant funds. Also, not later 
     than 1 year after the date of the enactment of this 
     provision, 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.
       Separate authorizations are provided to carry out 
     subsection (b) of $75,500,000 for each of fiscal years 1999 
     and 2000.
     Conference substitute
       The conference agreement includes provisions from the House 
     bill and the Senate amendment. A State is eligible to receive 
     a grant if it meets 4 of the following criteria: (1) a law 
     that makes it unlawful to operate a vehicle whenever an 
     individual in the front seat (and beginning in the year 
     2001, any seat) of a vehicle does not have a seat belt 
     properly secured; (2) the State provides enforcement of 
     its safety belt use laws; (3) the State imposes minimum 
     fines or provides for penalty points for violations of its 
     safety belt use laws or child passenger protection laws; 
     (4) the State has implemented a statewide enforcement 
     program; (5) the State has implemented a statewide 
     comprehensive child passenger protection education 
     program; and (6) the State has in effect a law that 
     requires minors to be properly secured in a child seat or 
     other appropriate restraint system. It is noted that 
     States have differing laws regarding the age of ``minors'' 
     and the provision should be implemented in a flexible 
     manner to reflect these differences.
       A qualifying State may receive a grant amount of up to 25 
     percent of amounts it received in fiscal year 1997 under 
     section 402.
       The conference agreement does not include the performance-
     based incentive grants since a $500 million performance based 
     incentive grant is established in Title I.
       The House recedes with modifications to subsection 2003(b) 
     of the Senate amendment authorizing a two-year, $15 million 
     general fund program to provide grants to states for child 
     passenger protection education programs. The Senate provision 
     is amended to require a 20 percent non-Federal match for any 
     grant funds received by a State and annual reporting 
     requirements are revised to require a report to the Secretary 
     by any State receiving a grant and a report from the 
     Secretary to Congress to be submitted not later than June 1, 
     2002.


          sec. 2004. alcohol-impaired driving countermeasures.

     House bill
       Sec. 205. Alcohol-Impaired Driving Countermeasures.
       This section amends the current section 410 to establish a 
     new comprehensive drunk and impaired driving countermeasures 
     incentive program to encourage States to increase their level 
     of effort and implement effective programs aimed at deterring 
     the drunk driver.
       New subsection 410(a) sets forth the general authority for 
     the Secretary to make grants.
       New subsection 410(b) requires maintenance of effort by 
     States receiving a grant.
       New subsection 410(c) sets forth a six-year maximum period 
     of eligibility and a federal share of 75 percent in the first 
     two years a State receives a grant, 50 percent in the third 
     and fourth years, and 25 percent in the fifth and sixth 
     years.
       New subsection 410(d)(1) establishes criteria for basic 
     grant A. A State must adopt or demonstrate at least 5 of the 
     following: (1) a State law that provides that an individual 
     with a blood alcohol concentration (BAC) of 0.08 percent or 
     greater while operating a motor vehicle is deemed to be 
     driving while intoxicated; (2) an administrative driver's 
     license suspension or revocation system for drunk drivers; 
     (3) an effective system for preventing drivers under age 21 
     from obtaining alcoholic beverages and preventing persons 
     from making alcoholic beverages available to individuals 
     under age 21; (4) a Statewide program for stopping vehicles 
     on a nondiscriminatory basis or a Statewide impaired driving 
     special traffic enforcement program that includes emphasis on 
     publicity for the program; (5) effective sanctions for repeat 
     offenders convicted of driving while under the influence of 
     alcohol; (6) programs to target individuals with high BAC 
     while operating a motor vehicle; (7) programs to reduce 
     driving while under the influence of alcohol by individuals 
     age 21 through 34; and (8) an effective system for increasing 
     the rate of BAC testing in fatal accidents and by the year 
     2000 achieves a rate of testing equal to or greater than the 
     national average.
       New subsection 410(d)(2) establishes criteria for basic 
     grant B. A State must adopt or demonstrate to the 
     satisfaction of the Secretary that (1) its percentage of 
     fatally injured drivers with 0.10 percent or greater BAC has 
     decreased in each of the 3 most recent calendar years for 
     which statistics for determining such percentages are 
     available;

[[Page H3914]]

     and (2) that percentage has been lower than the average 
     percentage for all States in each of such calendar years.
       New subsection 410(e) provides that States that meet the 
     criteria for a basic grant would receive, for each grant, up 
     to 30 percent of its fiscal year 1997 apportionment under 
     section 402.
       New subsection 410(e) authorizes the Secretary to make 
     discretionary grants to States carrying out innovative 
     programs to reduce traffic safety problems resulting from 
     individuals driving while under the influence of alcohol or 
     controlled substances. A State is eligible to receive a 
     discretionary grant only if the State is eligible to receive 
     a basic grant A or B under this section. The amounts made 
     available to carry out the discretionary grants may not 
     exceed 12 percent of the total funds available for section 
     410.
       New subsection 410(f) provides that administrative expenses 
     for carrying out this section may not exceed 5 percent of the 
     funds authorized to be appropriated for this section.
       New subsection 410(g) provides that funding made available 
     under this section would be contract authority. The Secretary 
     is authorized to credit certain amounts of state and local 
     expenditures toward the non-Federal share of the project 
     under this section. The Federal share of the cost of the 
     program for Indian tribes may be increased. Amounts made 
     available for the Indian tribe program will be administered 
     through the Secretary of the Interior.
       New subsection 410(h) defines the terms ``alcoholic 
     beverage,'' ``controlled substances,'' ``motor vehicle,'' and 
     ``open alcoholic beverage container.''
     Senate amendment
       Subsection 3101(f) amends Section 402 to establish a 
     comprehensive drunk and impaired driving incentive program to 
     encourage States to increase their level of effort and 
     implement effective programs aimed at deterring the drunk 
     driver. The new program is similar in structure to that of 
     the existing Section 410 drunk driving prevention incentive 
     program, established under Section 410 of Title 23, United 
     States Code, and would replace the Section 410 program.
       A State may establish its eligibility for one or more of 
     three basic alcohol impaired-driving countermeasure grants--
     A, B, and C--by adopting or demonstrating certain criteria, 
     as appropriate, to the satisfaction of the Secretary.
       To establish eligibility for the first basic grant A under 
     paragraph (1), a State must adopt or demonstrate at least 7 
     of 9 of the following: (1) a law that provides for a per se 
     law setting .08 BAC level as intoxicated; (2) an 
     administrative driver's license suspension or revocation 
     system for drunk drivers; (3) an effective underage drinking 
     program for preventing operators of motor vehicles under age 
     21 from obtaining alcoholic beverages; (4)(A) a statewide 
     program for stopping motor vehicles on a nondiscriminatory, 
     lawful basis to determine whether the operators are driving 
     while under the influence of alcohol, or (B) a statewide 
     impaired driving Special Traffic Enforcement Program (STEP) 
     that includes emphasis on publicity for the program; (5) 
     effective sanctions for repeat offenders convicted of driving 
     while intoxicated or driving under the influence of alcohol; 
     (6) a three-tiered graduated licensing system for young 
     drivers that includes nighttime driving restriction, 
     requiring that all vehicle occupants to be properly 
     restrained, and providing that all drivers under age 21 are 
     subject to zero tolerance at .02 percent BAC or greater while 
     operating a motor vehicle; (7) programs targeting persons 
     with high blood alcohol concentrations (BAC) who operate a 
     motor vehicle; (8) young adult programs to reduce driving 
     while under the influence of alcohol by persons age 21 
     through 34; and (9) an effective system for increasing the 
     rate of testing for blood alcohol concentration of motor 
     vehicle operators at fault in fatal crashes.
       To establish eligibility for the second basic grant B under 
     paragraph (2), a State must adopt either an administrative 
     driver's license suspension or revocation system for drunk 
     drivers, or a law that provides for a per se law setting .08 
     BAC level as intoxicated.
       To establish eligibility for the third basic grant C under 
     paragraph (3), a State must demonstrate that its percentage 
     of fatally injured drivers with 0.10 percent or greater blood 
     alcohol concentration has both: (1) decreased in each of the 
     3 most recent calendar years for which statistics for 
     determining such percentages are available; and (2) been 
     lower than the average percentage for all States in each of 
     such calendar years.
       States that meet the criteria for a basic grant under 
     paragraphs (1), (2) or (3) would receive, for each grant, up 
     to 15 percent (up to 30 percent if they qualify for two, and 
     up to 45 percent if they qualify for all three) of their 
     fiscal year 1997 apportionment under Section 402 of Title 23, 
     United States Code.
       States that meet the criteria for any one or more of the 
     three basic grants also would be eligible to receive 
     supplemental grants for one or more of the following: (1) 
     making it unlawful to possess open containers of alcohol in 
     the passenger area of motor vehicles (excepting charter 
     buses) while on the road; (2) adopting a mandatory BAC 
     testing program for drivers in crashes involving fatalities 
     or serious injuries; (3) videotaping of drunk drivers by 
     police; (4) adopting and enforcing a ``zero tolerance'' law 
     providing that any person under age 21 with a BAC of .02 or 
     greater when driving a motor vehicle shall be deemed driving 
     while intoxicated or driving under the influence of alcohol, 
     and further providing for a minimum suspension of the 
     person's driver's license of not less than 30 days; (5) 
     requiring a self-sustaining impaired driving program; (6) 
     enacting and enforcing a law to reduce incidents of driving 
     with suspended licenses; (7) demonstrating an effective 
     tracking system for alcohol-impaired drivers; (8) requiring 
     an assessment of persons convicted of abuse of controlled 
     substances, and the assignment of treatment for all DWI and 
     DUI offenders; (9) implementing a program to acquire passive 
     alcohol sensors to be used by police in detecting drunk 
     drivers; and (10) enacting and enforcing a law that provides 
     for effective penalties or other consequences for the sale or 
     provision of alcoholic beverages to a person under 21. For 
     each supplemental grant criterion that is met, a State would 
     receive, in no more than two fiscal years, an amount up to 5 
     percent of its Section 402 apportionment for fiscal year 
     1997. Definitions are provided for ``alcoholic beverage,'' 
     ``controlled substances,'' ``motor vehicle,'' and ``open 
     alcoholic beverage container.''
     Conference substitute
       The conference agreement includes provisions of both the 
     House bill and Senate amendment. A State is eligible to 
     receive a grant under section 410 if it meets five of the 
     following criteria: (A) an administrative license suspension 
     or revocation system for drunk drivers; (B) an effective 
     underage drinking program; (C) a statewide program for 
     stopping vehicles on a non-discriminatory, lawful basis or a 
     Statewide impaired driving special traffic enforcement 
     program that includes emphasis on publicity for the program; 
     (D) graduated licensing systems; (E) programs to target 
     drivers with high BACs; (F) programs to reduce driving under 
     the influence by young adults age 21 through 34; and (G) an 
     effective system for increasing the rate of BAC testing and, 
     by the year 2001, a rate of testing that is equal to or 
     greater than the national average.
       The conference agreement does not include a .08 BAC 
     criteria since a $500 million .08 incentive program is 
     included in Title I.
       A qualifying State may receive a grant of up to 25 percent 
     of amounts it received in fiscal year 1997 under section 402.
       The conference agreement also authorizes the Secretary to 
     make supplemental grants. The provision includes several of 
     the Senate items and includes a new broad criteria. The 
     Secretary should use the supplemental grants to assist States 
     in developing innovative programs. The Secretary may 
     determine the amount of each supplemental grant and is not 
     required to provide the same amount for each grant.
       The conference agreement provides that the amendments to 
     section 410 of title 23, United States Code, take effect on 
     October 1, 1998 so that funding provided for the remainder of 
     fiscal year 1998 are subject to the current section 410 
     program requirements.


              sec. 2005. highway safety data improvements

     House bill
       Sec. 206. This section amends section 406 to create a new 
     State highway safety data improvement incentive grant program 
     to encourage States to take effective actions to improve the 
     timeliness, accuracy, completeness, uniformity, and 
     accessibility of the data they need to identify the 
     priorities for national, State and local highway and traffic 
     safety programs, to evaluate the effectiveness of such 
     efforts, to link these data, including traffic records, 
     together and with other data systems within the State, such 
     as medical and economic data, and to improve the 
     compatibility of State systems with national and other 
     States' data systems.
       The Secretary, in consultation with States and other 
     appropriate parties, is directed to develop model data 
     elements for States' systems. It should be noted that 
     subsection (b) regarding model data elements and that States' 
     plans should demonstrate how the model data elements will be 
     incorporated is not to be interpreted as requiring States to 
     immediately adopt uniform data. The Committee realizes that 
     uniform data systems and reporting may necessitate such 
     changes as modifying computer systems and redesigning police 
     reports. This is a long term goal and the provision directs 
     the State to identify steps it will take to move toward the 
     goal.
       The States that receive a grant in any fiscal year must 
     enter into an agreement with the Secretary to ensure that the 
     State will maintain its aggregate expenditures from all other 
     sources for highway safety data programs at or above the 
     average level of such expenditures in its two fiscal years 
     prior to the date of enactment of this section.
       The maximum period of eligibility for a State to receive a 
     grant would be six years, beginning after September 30, 1997. 
     States that meet the criteria for receipt of a grant would 
     receive grants that would be funded through a declining 
     federal share.
       A State would be eligible for a first-year grant in a 
     fiscal year if it demonstrates that it has (1) established a 
     highway safety data and traffic records coordinating 
     committee with a multi-disciplinary membership; (2) completed 
     a highway safety data and traffic records assessment or audit 
     of its highway safety data and traffic records system; and 
     (3) initiated the development of a strategic plan that 
     identifies and prioritizes the State's highway safety data 
     and traffic

[[Page H3915]]

     records needs and goals, and performance-based measures by 
     which progress toward those goals will be determined.
       A State also would be eligible for a first-year grant in a 
     fiscal year if it provides (1) certification that it has met 
     the requirements of (1) and (2) listed above; and (2) a 
     multi-year plan that identifies and prioritizes the State's 
     highway safety data and traffic records needs and goals, that 
     specifies how its incentives funds 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 (3) certification that the 
     highway safety data and traffic records coordinating 
     committee continues to operate and support the multi-year 
     plan.
       A State that meets certain criteria for a first-year grant 
     would receive up to $125,000, based on available 
     appropriations. A State that meets the additional criteria 
     for a first-year grant would receive an amount equal to a 
     proportional amount of the amount apportioned to the State 
     for fiscal year 1997 under section 402, except that no State 
     would receive less than $225,000.
       A State would be eligible for a grant in any fiscal year 
     succeeding the first fiscal year in which they receive a 
     State highway safety improvement grant if the State (1) 
     submits or updates a multi-year plan that identifies and 
     prioritizes the State's highway safety data and traffic 
     records needs and goals, that specifies how its incentive 
     funds for the fiscal year will be used to address those needs 
     and the goals of the plan, and that identifies performance-
     based measures by which progress toward those goals will be 
     determined; (2) certifies that its highway safety data and 
     traffic records coordinating committee continues to support 
     the multi-year plan; and (3) reports annually on its progress 
     in implementing the multi-year plan.
       A State that meets the criteria for a succeeding-year grant 
     in any fiscal year would receive an amount equal to a 
     proportional amount of the amount apportioned to the State 
     for fiscal year 1997 under section 402 of title 23, except 
     that no State shall receive less than $225,000 based on 
     available appropriations.
       Administrative expenses for carrying out this section may 
     not exceed 5 percent of the funds authorized to be 
     appropriated. The funding for grants provided under this 
     section is provided with contract authority and the non-
     Federal share may be provided through credits for State and 
     local expenditures. The Secretary also has the authority to 
     increase the Federal share for certain Indian tribes. The 
     Secretary of the Interior is authorized to receive funds made 
     available for Indian tribe programs.
     Senate amendment
       Sec. 3101(f). The Senate bill contains a similar provision 
     with two differences. It includes a provision authorizing the 
     Secretary to award States that do not meet the first-year 
     eligibility criteria up to $25,000 to assist their efforts to 
     qualify in the next fiscal year. The Senate bill does not 
     include a provision on model data elements.
     Conference substitute
       The Conference merges the House and Senate provisions by 
     retaining the House model data elements and the Senate 
     $25,000 grants for States that do not meet the eligibility 
     criteria. The Conference emphasizes that while the Secretary 
     should assist States trying to meet the eligibility criteria, 
     the $25,000 grants are available to each State only once. If 
     the State fails to qualify for a regular grant the next year, 
     it would not be eligible for an additional $25,000.
       The Conference also replaces the word ``causation'' with 
     ``circumstances'' in recognition that determining accident 
     causation precisely is difficult, even when adequate data are 
     available. Collection of data on crash circumstances, 
     however, will contribute to our ability to understand crash 
     causation and identify potentially effective countermeasures.


                  sec. 2006. national driver register

     House bill
       Sec. 207. Subsection (a) amends section 30302 (``National 
     Driver Register'') by adding a new subsection (e). Under 
     subsection (e), the Secretary would be authorized to enter 
     into an agreement with an organization that represents the 
     interests of the States to manage, administer, and operate 
     the National Driver Register's (NDR) computer timeshare and 
     user assistance functions. The Secretary is required to 
     demonstrate that any transfer of these functions will begin 
     only after the Secretary makes a determination that all 
     States are participating in the NDR's ``Problem Driver 
     Pointer System'' and that the system is functioning properly. 
     Any agreement entered into to transfer these functions shall 
     include a provision for a transition period to allow the 
     States time to make any budgetary and legislative changes 
     needed in order to pay fees for using these functions. The 
     fees charged by the organization representing the interests 
     of the States in any fiscal year for the use of these 
     functions shall not exceed the organization's total cost for 
     performing these functions in that fiscal year.
       Subsection (b)(1) amends Section 30305(b) to make technical 
     conforming amendments.
       Subsection (b)(2) amends section 30305(b) to add two 
     substantive provisions. The first would eliminate a 
     deficiency in the NDR by extending participation to federal 
     departments or agencies that both issue motor vehicle 
     operator's licenses and transmit reports on individuals to 
     the NDR over whom the department or agency has such licensing 
     authority. The reports on these individuals transmitted by 
     the federal department or agency must contain the identifying 
     information specified in subsection 30304(b).
       Subsection (b) also would allow federal agencies authorized 
     to receive NDR information to request and receive the 
     information directly from the NDR, instead of through a 
     State. The statute currently requires these agencies to 
     submit all NDR inquiries through a State.
       Subsection (c) directs the Secretary to evaluate the 
     implementation of the NDR and motor carrier and commercial 
     driver license information systems and identify alternatives 
     to improve the ability of States to exchange information 
     about unsafe drivers. The subsection further directs the 
     Secretary to conduct an assessment, with the American 
     Association of Motor Vehicle Administrators, of available 
     technologies to improve access to and exchange of such 
     information. The assessment may consider alternatives to 
     facilitate matching drivers and their records.
     Senate amendment
       Sec. 3102. the Senate bill contains a nearly identical 
     provision, but does not include the assessment and evaluation 
     of alternatives to improve the exchange of driver 
     information.
     Conference substitute
       The Conference adopts the House provision.


                       sec. 2007. safety studies

     House bill
       Sec. 208. Subsection (a) authorizes the Secretary to 
     conduct a study on the benefit to public safety of blowout-
     resistant tires on commercial motor vehicles.
       Subsection (b) authorizes the Secretary to conduct a study 
     to assess occupant safety in school buses.
       Subsection (c) requires the Secretary to report the results 
     of each study to Congress not later than two years after the 
     date of enactment.
       Subsection (d) authorizes the Secretary to expend no more 
     than $200,000 to conduct each study.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with a 
     modification that the funds for these studies shall come from 
     funds authorized for highway safety research and development.


  sec. 2008. effectiveness of laws establishing maximum blood alcohol 
                             concentrations

     House bill
       Sec. 209. Subsection (a) directs the Comptroller General to 
     conduct a study to evaluate the effectiveness of State .08 
     and .02 BAC laws in reducing the number and severity of 
     alcohol-related crashes.
       Subsection (b) requires the Comptroller General to report 
     to the Congress within two years the results of the BAC 
     study.
     Senate amendment
       The Senate bill contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with a 
     modification to the Senate committee receiving the report.


              sec. 2009. authorizations of appropriations

     House bill
       Sec. 210. This section provides authorizations for the 
     section 402 program; the section 403 programs; the occupant 
     protection, alcohol-impaired driving, and highway safety data 
     incentive grants; and the NDR.
       For the NHTSA section 402 safety program, in fiscal year 
     1998, $128.2 million is provided; for fiscal year 1999, 
     $150.7 million is provided; for each of fiscal years 2000 
     through 2003, $195.7 million is provided.
       For the FHWA section 402 safety program, in fiscal year 
     1998, $12 million is provided; for fiscal year 1999, $20 
     million is provided; for each of fiscal years 2000 through 
     2003, $25 million is provided.
       For NHTSA section 403 research and development, $55 million 
     is authorized for each of fiscal years 1998 through 2003.
       For NHTSA section 403 research and development, $20 million 
     is authorized for each of fiscal years 1998 through 2003.
       For occupant protection incentive grants, in fiscal year 
     1998, $9 million is provided; in each of fiscal years 1999 
     through 2003, $20 million is provided.
       For alcohol-impaired driving countermeasures incentive 
     grants, in fiscal year 1998, $35 million is provided; in each 
     of fiscal years 1999 through 2003; $45 million is provided.
       For state highway safety data incentive grants, in fiscal 
     year 1998, $2.5 million is provided; in each of fiscal years 
     1999 through 2003, $12 million is provided.
       For the National Driver Register, $2.3 million is provided 
     for each of fiscal years 1999 through 2003.
       The Secretary may transfer unallocated incentive grant 
     amounts among the various grant programs to ensure that each 
     State receives the maximum funding to which it is entitled.
     Senate amendment
       Sec. 3103. The section authorizes funds for the section 402 
     program; the alcohol-impaired driving countermeasures 
     incentive grants; the occupant protection incentive grants; 
     the State highway safety data and

[[Page H3916]]

     traffic records improvements incentive grants; highway safety 
     research; public education; and the NDR.
       For the section 402 safety program, in fiscal year 1998, 
     $117.9 million is provided; for fiscal year 1999, $123.5 
     million is provided; for fiscal year 2000, $126.9 million is 
     provided; for fiscal year 2001, $130.4 million is provided; 
     for fiscal year 2002, $133.8 million is provided; for fiscal 
     year 2003, $141.8 million is provided.
       For alcohol-impaired driving countermeasures incentive 
     grants, in fiscal year 1998, $30.6 million is provided; for 
     fiscal year 1999, $28.5 million is provided; for fiscal year 
     2000, $29.3 million is provided; for fiscal year 2001, $30.1 
     million is provided; for fiscal year 2002, $38.7 million is 
     provided; for fiscal year 2003, $39.8 million is provided.
       For occupant protection program incentive grants, in fiscal 
     year 1998, $13.9 million is provided; for fiscal year 1999, 
     $14.6 million is provided; for fiscal year 2000, $15.0 
     million is provided; for fiscal year 2001, $15.4 million is 
     provided; for fiscal year 2002, $17.6 million is provided; 
     for fiscal year 2003, $17.7 million is provided.
       For state highway safety data improvements incentive 
     grants, in fiscal year 1998, $8.4 million is provided; for 
     fiscal year 1999, $8.8 million is provided; for fiscal year 
     2000, $9.0 million is provided; for fiscal year 2001, $9.2 
     million is provided.
       For drugged driving research and demonstration programs, 
     $2.0 million is provided for each fiscal year, 1999 through 
     2003.
       For highway safety research, $60.1 million is provided for 
     each fiscal year, 1998 through 2002; and $61.7 million is 
     provided for fiscal year 2003.
       For programs to educate the motoring public on how to share 
     the road safety with commercial motor vehicles, $500,000 is 
     provided for each fiscal year 1998 through 2003.
       For the National Driver Register, in fiscal year 1998, $1.6 
     million is provided; for fiscal year 1999, $1.7 million is 
     provided; for fiscal year 2000, $1.7 million is provided; for 
     fiscal year 2001, $1.8 million is provided; for fiscal year 
     2002, $1.8 million is provided; and for fiscal year 2003, 
     $1.9 million is provided.
       The Secretary may transfer unallocated incentive grant 
     amounts among the various grant programs to ensure that each 
     State receives the maximum funding to which it is entitled.
     Conference substitute
       The section authorizes funds for the section 402 program; 
     highway safety research and development; the occupant 
     protection incentive grants; the alcohol-impaired driving 
     countermeasures incentive grants; the State highway safety 
     data and traffic records improvements incentive grants; the 
     NDR; and public education.
       For the NHTSA and FHWA section 402 safety program, a total 
     of $932.5 million is provided for fiscal years 1998 through 
     2003.
       For NHTSA and FHWA highway safety research, $72 million is 
     provided for each fiscal year, 1998 through 2003.
       For occupant protection incentive grants, a total of $68 
     million is provided for each fiscal years 1999 through 2003.
       For alcohol-impaired driving countermeasures incentive 
     grants, a total of $219.5 million is provided for fiscal 
     years 1998 through 2003.
       For state highway safety data improvements incentive 
     grants, a total of $32 million for fiscal years 1999 through 
     2002 is provided.
       For the National Driver Register, a total of $12 million is 
     provided for fiscal years 1998 through 2003.
       For research related to the effects of drugs and driver 
     behavior and measures to deter drugged driving $2 million per 
     fiscal year is available.
       For programs to train law enforcement officers on motor 
     vehicle pursuits $1 million per fiscal year is available.
       For programs to educate the motoring public on how to share 
     the road safely with commercial motor vehicles, $500,000 is 
     provided for each fiscal year 1998 through 2003. Because many 
     motorists are unaware of the limitations of large commercial 
     vehicles and the driving practices that could help improve 
     their safety, the Committee believes it is essential to 
     support a national public education program on sharing the 
     road safely. Recognizing that such a national program has 
     been undertaken by the Federal Highway Administration, the 
     Committee believes the greatest safety benefit and efficiency 
     would be achieved by FHWA continuing and improving its 
     current ``share the road'' public education campaign. The 
     Committee expects that the National Highway Traffic Safety 
     Administration will transfer $500,000 each year from Section 
     403 funds as designated under this section to the Federal 
     Highway Administration for this purpose.
       The Secretary may transfer unallocated incentive grant 
     amounts among the various grant programs to ensure that each 
     State receives the maximum funding to which it is entitled.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS


                         sec. 3001. short title

     House provision
       No provision in House bill.
     Senate amendment
       This title to be cited as the Federal Transit Act of 1997.
     Conference report
       The title to be cited as the Federal Transit Act of 1998.


                   sec. 3002. amendments to title 49

     House provision
       Section 301 provides that, unless stated otherwise, all 
     references in this title to a section or other provision of 
     law are to title 49 of the United States Code.
     Senate amendment
       No provision included.
     Conference report
       Adopts House proposal.


                         sec. 3003. definitions

     House provision
       Section 302 amends section 5302 of title 49 to expand the 
     definition of ``capital project'' to include transit-related 
     intelligent transportation systems, preventive maintenance, 
     leasing of equipment or facilities for use in mass 
     transportation under certain circumstances, and certain mass 
     transportation improvements that enhance economic development 
     or incorporate private investment. It also defines preventive 
     maintenance, public transportation, transit, and transit 
     enhancement.
     Senate amendment
       Section 5003 expands and clarifies the definition of 
     capital project under section 5302(a)(1) to add preventive 
     maintenance and intelligent transportation systems. It also 
     brings together existing capital provisions on leasing of 
     transit equipment and facilities, the deployment of new 
     technology, and joint development activities into the 
     broadened capital definition. Joint development is expanded 
     to include safety elements and community services as eligible 
     activities.
       Making preventive maintenance an eligible capital expense 
     gives transit operators greater flexibility and helps to 
     ensure that the federal investment is properly maintained. 
     Preventive maintenance does not include routine or servicing 
     activities or repairing damage caused by an accident.
       This section also enables small urbanized areas, which are 
     defined as having a population between 50,000 and 200,000, to 
     use any funding distributed under the urbanized area formula 
     program for either operating or capital expenses. This 
     enhanced flexibility mirrors that which is currently provided 
     to rural areas (populations under 50,000).
     Conference report
       Adopts Senate provision for preventive maintenance, 
     deployment of new technology, and joint development. Adopts 
     House provision for transit-related intelligent 
     transportation systems and leasing.


                    sec. 3004. metropolitan planning

     House provision
       Section 303 amends section 5303(b) of title 49 to repeal 
     the current planning factors and replace them with goals and 
     objectives of the metropolitan planning process. The 
     metropolitan planning organization shall cooperatively 
     determine with the State and mass transit operators how the 
     goals and objectives considered are translated into 
     metropolitan goals and objectives and factored into decision 
     making.
       This section allows the metropolitan planning organization 
     to include, for illustrative purposes, additional projects 
     that would be included in the long range transportation plan 
     if reasonable additional resources were available. It also 
     amends section 5303(f) to add freight shippers and providers 
     of freight transportation services to the list of persons 
     metropolitan planning organizations are required to give an 
     opportunity to comment on the long range transportation plan.
     Senate amendment
       Section 5004 amends the current metropolitan planning 
     provisions in sections 5303, 5304, and 5305 and adds a new 
     section 5305a on Statewide Planning. This new section largely 
     parallels the statewide planning provisions in the highway 
     laws, and is included as a separate provision in the transit 
     laws.
       This section retains the requirement that MPOs follow the 
     ISTEA planning process outlined in the law. It replaces the 
     16 individual planning factors in current law with a broader 
     list of seven national goals and factors for the MPOs to 
     consider, and retains consideration of land use. This section 
     clarifies that consideration of these seven factors applies 
     to the planning process as a whole, not separately to each 
     project under review.
       This section adds language directing the MPOs to cooperate 
     with the state and transit operators, through a public 
     process, to establish goals and propose programs relating to 
     these factors. It adds freight shippers to the list of those 
     who can comment on plans and transportation improvement 
     programs. These same changes are included in the Statewide 
     Planning provisions.
       This section retains the requirement that the 
     transportation plans be fiscally constrained. It requires 
     MPOs to identify the funding source for projects that are 
     proposed for the regional transportation plan.
       There is new language directing MPOs to bring together the 
     wide range of transportation services being provided within 
     the region, many of which are funded either directly or 
     indirectly by federal programs other than the Department of 
     Transportation (DOT). The intent of the Committee is to 
     encourage the participation of these non-DOT funded 
     transportation services, either through individual or 
     representative organizations, in coordinating regional 
     transportation services. An analogous provision is included 
     in the Statewide Planning provisions. The Committee 
     recognizes elsewhere in the bill the importance of 
     coordinating these transportation services. Indeed, the 
     Department of Health and Human Services (HHS)

[[Page H3917]]

     and DOT have a long-standing Coordinating Council which is 
     evaluating the departments' current coordination strategies. 
     The objectives of this coordination include: joint 
     identification of human service client transportation needs 
     and the appropriate mix of transportation services to meet 
     those needs; the expanded use of public transit services to 
     deliver human services program transportation; and cost-
     sharing arrangements for HHS program clients transported by 
     ADA paratransit systems based on a uniform accounting system.
       This section adds new language for publication of 
     information in the 3-year transportation improvement program 
     and the annual selection of projects.
     Conference report
       Adopts Senate proposal on metropolitan planning and 
     includes the representatives of the users of public transit 
     among those to be consulted in the planning process and for 
     enhanced publication of information on project selection. The 
     Senate proposal for a separate statewide planning provision 
     in the transit laws is not adopted.


             sec. 3005. transportation improvement program

     House provision
       This section amends section 5304 of title 49 to require 
     that the transportation improvement program (TIP) be updated 
     at least once every three years. It also provides that the 
     TIP may include, for illustrative purposes, projects that 
     would be included in the plan if reasonable additional 
     resources were available.
     Senate amendment
       This section of the legislation requires that any 
     metropolitan planning organization that is classified as a 
     transportation management area and is redesignated after the 
     enactment of this Act, shall include representatives of the 
     users of public transit.
     Conference report
       Adopts Senate provision to include representatives of the 
     users of public transit to be consulted in the planning 
     process, and adopts House provision for illustrative list.


               sec. 3006. transportation management areas

     House provision
       This section amends section 5305 to add projects under the 
     high risk road safety program to the list of projects 
     selected by the State in consultation with the metropolitan 
     planning organization. This section also makes a technical 
     amendment to section 5305.
     Senate amendment
       Section 5004 makes technical changes to section 5305 and 
     permits the Secretary to make conditional certifications of 
     metropolitan planning organizations.
     Conference report
       Provisions substantially the same.


                SEC. 3007. URBANIZED AREA FORMULA GRANTS

     House provision
       Section 306 amends section 5307 of title 49 to change the 
     name of the sections and to make a conforming amendments to 
     the table of sections. It makes technical amendments to 
     section 5307(a) of title 49, and amends section 5307(b)(1) to 
     provide that the Secretary may make grants to finance the 
     operating cost of equipment and facilities only to urbanized 
     areas with populations of less than 200,000. It repeals 
     sections 5307(b)(3) and 5307(b)(5). It also provides that of 
     the funds apportioned each fiscal year to urbanized areas 
     with populations of 200,000 or more under section 5336, at 
     least two percent shall only be for transit enhancement 
     activities.
     Senate amendment
       Section 5003 provides flexibility for small urbanized areas 
     to use their formula funds for either capital or operating 
     assistance.
     Conference report
       Adopts House provision.


              SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM

     House provision
       No provision in House bill.
     Senate amendment
       Section 5007 creates a new Clean Fuels formula grant 
     program, with an annual funding authorization of $200 
     million. This program will assist transit systems in 
     purchasing low emissions buses and related equipment, 
     constructing alternative fuel fueling facilities. modifying 
     existing garage facilities to accommodate clean fuel vehicles 
     and assisting in the utilization of biodiesel fuel.
       Annual grants to any one recipient are capped $25 million 
     for recipients in urbanized areas over one million population 
     and $15 million for recipients in urbanized areas under one 
     million population. Eligible technologies include compressed 
     natural gas (CNG), liquified natural gas (LNG), biodiesel 
     fuel, battery, alcohol-based fuel, hybrid electric, fuel cell 
     or other zero emissions technology.
     Conference report
       Adopts Senate provision.


             SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS

     House provision
       Section 308 makes technical changes to section 5309.
       The section reforms the New Starts evaluation process and 
     requires the Secretary to make fiscally constrained 
     recommendations to Congress. Not more than eight percent of 
     the funds made available in each fiscal year for new fixed 
     guideway systems and extensions to existing systems are 
     available for activities other than final design and 
     construction.
       This section also clarifies that the Secretary shall 
     consider the age of buses, bus fleets, and related equipment 
     and facilities in making grants for buses and related 
     facilities. This section also provides funding for the bus 
     testing facility for each of fiscal years 1998 through 2003. 
     This section requires that a certain percentage of the funds 
     made available for bus and bus-related facilities be 
     available to carry out the bus technology pilot program and 
     for non-urbanized areas. This section establishes a pilot 
     program for the testing and deployment of new bus technology.
     Senate amendment
       Section 5008 amends section 5309(e)(3)(B) to add the 
     benefits of transit-oriented land use as one of the factors 
     to be considered by the Secretary in reviewing New Starts 
     projects. There is a growing awareness and agreements that 
     mass transit investment produces economic benefits, partly 
     through reduced local infrastructure costs. This change is 
     intended to reflect the importance of these considerations in 
     evaluating New Starts.
       This section similarly amends section 5309(m) to limit the 
     amount of New Starts funding that can be used for purposes 
     other than final design and construction to 8 percent of 
     amounts made available for this program.
     Conference report
       Provisions substantially the same.
       Houston Regional Bus Plan, Westpark Corridor.--The 
     conferees note that under existing law, Houston Metro may 
     apply for, and FTA may approve, the transfer of sums 
     previously appropriated under Metro's Full Funding Grant 
     Agreement from the development of the Westpark Corridor HOV 
     facility to any other section 5309 project, with no effect on 
     any other provisions of the Full Funding Grant Agreement. 
     Accordingly the conferees encourage the Administrator, upon a 
     receipt of such a transfer request (if so requested by 
     Houston Metro), to work with Houston Metro officials to 
     consider approval of such request.


            SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS

     House provision
       Section 309 directs the Secretary to study the dollar value 
     of mobility improvements and report to Congress on the 
     results.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


                         SEC. 3011. LOCAL SHARE

     House provision
       No provision in House bill.
     Senate amendment
       Section 5006 provides that the proceeds from the issuance 
     of revenue bonds can be used as a local match.
     Conference report
       Adopts Senate provision with modification. If the Secretary 
     finds that the operation of this provision benefits the 
     transit operators, he shall recommend to Congress that a 
     permanent change in the Federal Transit laws be made no later 
     than the reauthorization of this Act to make the proceeds 
     from the issuance of revenue bonds eligible for local share 
     under section 5307 and 5309 of title 49. All Federal grant 
     requirements apply, including the requirement that the 
     recipient has the financial capacity to carry out the 
     project.


       SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATION

     House provision
       Section 312 makes research grants for fixed guideway 
     technology.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


   SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY 
             INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES

     House provision
       Section 310 makes changes.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


       SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS

     House provision
       Section 311 makes technical changes.
     Senate provision
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


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

     House provision
       Section 312 makes technical changes. It establishes a 
     program for Joint Partnerships for Deployment of Innovation 
     and International Mass Transportation activities. This 
     section also establishes a mass transportation technology 
     development and deployment program. It also provides funding

[[Page H3918]]

     for the fuel cell transit bus program and maintenance 
     facility, and establishes an Advanced Technology Pilot 
     Project for the development of low-speed magnetic levitation 
     technology for public transportation.
     Senate amendment
       Section 5011 establishes a Joint Partnership Program for 
     Deployment of Innovation to implement major research 
     activities.
     Conference report
       Senate recedes to fuel cell bus, low speed mag lev 
     proposals, and International Mass Transportation Program. 
     Conferees adopt Joint Partnership for Deployment of 
     Innovation.


           SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS

     House provision
       Section 313 provides additional funding for activities to 
     help transit providers comply with the Americans With 
     Disabilities Act.
     Senate provision
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


                 SEC. 3017. NATIONAL TRANSIT INSTITUTE

     House provision
       Section 314 changes the name of the Institute and expands 
     the list of subjects that may be taught at the National 
     Transit Institute.
     Senate amendment
       Senate amendment amends section 5315(a) to add workplace 
     safety to the list of subjects that may be taught at the 
     National Transit Institute.
     Conference report
       Adopts House and Senate provisions.


                   SEC. 3018. BUS TESTING FACILITIES

     House provision
       Section 317 clarifies that the Secretary may enter into 
     either a contract or cooperative agreement to operate and 
     maintain the bus testing facility.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


                     SEC. 3019. BICYCLE FACILITIES

     House provision
       Section 318 increases the federal share for bicycle 
     projects that are related to transit enhancement activities.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


              SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE

     House provision
       Section 319 clarifies that the incremental cost of vehicle-
     related equipment necessary for complying with or maintaining 
     compliance with the Clean Air Act is reimbursable at a 
     federal share of 90 percent.
       It also provides that the Secretary may allow a 
     manufacturer or supplier to correct an inadvertent or 
     clerical error in a Buy America Act certification after bid 
     opening. This section encourages coordination in the design 
     and delivery of transportation services among governmental 
     agencies and non-profit organizations that provide such 
     services. It consolidates certifications required by FTA.
     Senate amendment
       Section 5016 requires coordination in providing 
     transportation services among governmental agencies and 
     nonprofit organizations that receive federal government 
     funds.
     Conference report
       Coordinated transportation provisions substantially the 
     same. Adopts House provision on consolidated certification 
     and on inadvertent error with modification.


 SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE INVESTMENT 
            FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND

     House provision
       No provision.
     Senate amendment
       Section 5021 permits non-Amtrak states to use their formula 
     funds for inter-city rail.
     Conference report
       Adopt Senate provision with modification to establish a 
     pilot program to support Amtrak activities in Oklahoma.


                    SEC. 3022. CONTRACT REQUIREMENTS

     House provision
       Section 320 makes technical amendments relating to 
     contracts.
     Senate amendment
       No provision in Senate.
     Conference report
       Adopts House provision.


                    SEC. 3023. SPECIAL PROCUREMENTS

     House provision
       Section 321 makes changes to the definition of a turnkey 
     system project.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


           SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW

     House provision
       Section 322 clarifies that the Secretary may provide 
     technical assistance to correct deficiencies identified as 
     part of project management oversight.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


                  SEC. 3025. ADMINISTRATIVE PROCEDURES

     House provision
       Section 324 authorizes the Senate to collect fees to cover 
     the costs of training and conferences sponsored by the 
     Federal Transit Administration, and makes technical changes 
     to this section.
     Senate amendment
       Section 5017 allows grantees to sell assets, including 
     land, that are acquired with federal funds and to keep the 
     proceeds for use in mass transportation.
     Conference report
       Adopts Senate provision.


                     SEC. 3026. REPORTS AND AUDITS

     House provision
       Section 325 repeals certain reports that are no longer 
     necessary.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.


     SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS

     House provision
       Section 326 gives urbanized areas with populations under 
     200,000 flexibility to use their apportionments for either 
     capital or operating expenses and caps the total annual 
     amount at $400 million both operating assistance and 
     preventive maintenance.
     Senate amendment
       Section 5019 directs the Secretary, in distributing 
     operating assistance to large urban areas, to consider the 
     impact of any operating assistance reduction on smaller 
     transit authorities operating within the area. This section 
     retains operating assistance for areas over 200,000 in 
     population.
     Conference report
       Conferees eliminate the cap on preventive maintenance and 
     operating assistance, and eliminates operating assistance for 
     areas over 200,000.


     SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY 
                             MODERNIZATION

     House provision
       Section 327 amends the fixed guideway modernization 
     formula.
     Senate amendment
       Section 5019 amends the fixed guideway modernization 
     formula.
     Conference report
       Senate amendment modified on the floor. Conferees adopt 
     compromise formula allocation.


                       SEC. 3029. AUTHORIZATIONS

     House provision
       Section 328 provides authorizations for the transit 
     programs.
     Senate amendment
       Section 5002 provides authorizations for the transit 
     programs.
     Conference report
       Adopts House provision.
       It is the intent of the Conferees that authorizations for 
     Budget Authority in 49 USC 5338(h), as amended by this 
     section shall be scored against current discretionary 
     spending limits and not the Mass transit category established 
     by Title VIII of this Act.


 SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO 
                            EXISTING SYSTEMS

     House provision
       Section 332 authorizes New Starts projects.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Senate adopts House provision.
       New Orleans Canal Street--The Federal Transit 
     Administration shall establish and credit as local share a 
     value of the ``neutral ground'' (median strip), which will be 
     utilized by the project as the right of way, an amount equal 
     to 50% of the appraised average value of the adjacent 
     property.
       Dulles Corridor--The Dulles Corridor project is for the 
     preliminary engineering, design and construction of the 
     locally preferred alternative along the Dulles Corridor in 
     the Washington D.C. metropolitan area and may include 
     construction of a bus rapid transit system and preliminary 
     engineering and design of other fixed guideway systems to 
     serve the needs of the corridor.
       Westlake Commuter Rail--The project authorized in this 
     section includes 8 rail cars.


         SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES

     House provision
       Section 333 authorizes bus and bus-facilities projects.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Senate adopts House provision.


                    SEC. 3032. CONTRACTING OUT STUDY

     House report
       Section 335 directs the Secretary to enter into an 
     agreement with the Transportation Research Board of the 
     National Academy of Sciences to conduct a study of the effect 
     of

[[Page H3919]]

     privatization or contracting out mass transportation 
     services.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision. Funding for the study is $200,000. 
     The additional $50,000 is available for administrative 
     expenses associated with the study.


                SEC. 3033. URBANIZED AREA FORMULA STUDY

     House provision
       Section 337 directs the Secretary to conduct a study on 
     whether the current formula for apportioning funds to 
     urbanized areas reflects the transit needs of the urbanized 
     areas.
     Senate amendment
       Section 5020 directs the Secretary to conduct a study on 
     the current urbanized area formula to determine whether 
     changes in apportioning formula funds are needed for small 
     urban areas with populations under 200,000.
     Conference report
       Adopts both House and Senate provisions.


             sec. 3034. coordinated transportation services

     House provision
       Section 338 directs the Comptroller General to conduct a 
     study of Federal departments and agencies other than the 
     Department of Transportation that receive federal financial 
     assistance for non-emergency transportation services.
     Senate amendment
       No provision in Senate amendment.
     Conference agreement
       Adopts House provision.


                   sec. 3035. final assembly of buses

     House provision
       Section 339 directs the Comptroller General to review the 
     Federal Transit Administration's monitoring of pre-award and 
     post-delivery audits for compliance with the requirements of 
     final assembly of buses under section 5323(j).
     Senate amendment
       No provision in Senate amendment.
     Conference agreement
       House recedes. Provision adopted that requires compliance 
     with final assembly requirements by a date certain.


                     sec. 3036. clean fuel vehicles

     House provision
       Section 340 directs the Comptroller General to study the 
     various low and zero emission fuel technologies for transit 
     vehicles.
     Senate provision
       No provision in Senate amendment.
     Conference report
       Adopt House provision.


            sec. 3037. job access and reverse commute grants

     House provision
       Section 330 establishes an Access to Jobs pilot program to 
     fund the transportation of welfare recipients to and from 
     jobs and job-related activities.
     Senate amendment
       Section 5014 establishes an Access to Jobs and Reverse 
     Commute program to assist welfare recipients and other low-
     income individuals get to and from jobs.
       Sixty percent of funds appropriated under this program must 
     be awarded to projects in large urbanized areas, 20 percent 
     to projects in small urbanized areas, and 20 percent to 
     projects in non-urbanized areas, 20 percent to projects in 
     small urbanized areas, and 20 percent to projects in non-
     urbanized areas. Grants require a 50 percent local match. 
     Other federal funds, notably those provided through programs 
     at the Department of Health and Human Services, may be used 
     to meet the matching requirements.
       Under this section, private transportation providers are 
     eligible to submit proposals with states, local governments, 
     and nonprofit organizations for grants under this section. In 
     addition, under this section, a private transportation 
     provider shall also be considered an existing transportation 
     service provider when the requirements of the section are 
     met.
     Conference report
       Adopts Senate provision with modification. The conferees 
     anticipate that this grant program will encourage recipients 
     to implement long-term and self-sustaining plans to address 
     the transportation needs of welfare recipients and eligible 
     low-income individuals who live in areas devoid of job 
     opportunities.


    sec. 3038. rural transportation accessibility incentive program

     House provision
       No provision in House bill.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts provision making available funds to finance the 
     incremental cost of complying with the Department of 
     Transportation's final rule regarding accessibility of over-
     the-road buses.


sec. 3039. study of transit needs in national parks and related public 
                                 lands

     House provision
       No provision in House bill.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts provision directing the Secretary of Transportation, 
     in consultation with the Secretary of the Interior, to study 
     transit needs in national parks.


                   sec. 3040. obligation limitations

     House provision
       Section 329 sets obligation limitations for the transit 
     programs.
     Senate amendment
       No provision in Senate amendment.


  sec. 3041. adjustments for the surface transportation extension act

     House provision
       Section 331 directs the Secretary to reduce 1998 
     apportionments and allocations to account for the six months 
     of funding already apportioned and allocated pursuant to the 
     Surface Transportation Extension Act.
     Senate amendment
       No provision in Senate amendment.
     Conference report
       Adopts House provision.

                     TITLE IV--MOTOR CARRIER SAFETY


         sec. 4001. amendments to title 49, united states code

     House bill
       Section 401 provides that, except as otherwise specifically 
     provided, an amendment or repeal of a section or provision of 
     law in this title shall be a reference to a section or other 
     provision of title 49, United States Code.
     Senate amendment
       The Senate amendment includes an equivalent provision (Sec. 
     3002).
     Conference substitute
       The conference adopts the House provision.


                    Sec. 4002. Statement of Purposes

     House bill
       Section 402 (a) provides for national objectives for the 
     motor carrier safety grant program, including promoting 
     safety, developing and enforcing effective and cost-
     beneficial safety regulations, assessing and measuring 
     performance, ensuring adequate training of drivers and 
     enforcement personnel, and advancing new technologies and 
     safe operational practices.
     Senate amendment
       Section 3401 proposes to establish a statement of 
     descriptive purposes of the Motor Carrier Safety Act. These 
     purposes are to: improve commercial motor vehicle and driver 
     safety; facilitate the ability to focus resources on 
     strategic safety investments; increase administrative 
     flexibility; strengthen enforcement activities; invest in 
     activities related to areas of the greatest crash reduction; 
     identify high risk carriers and drivers; and, improve 
     information and analysis systems.
     Conference substitute
       The conference adopts the ``statement of purposes'' 
     approach as outlined in the Senate provision and incorporates 
     descriptive provisions from both bills.


                        Sec. 4003. State Grants

     House bill
       Subsection (a) of Sec. 402 amends section 31101 to revise 
     the definition of ``commercial motor vehicle'' to include 
     vehicles with a gross vehicle weight of at least 10,001 
     pounds (in addition to the gross vehicle weight rating).
       Subsection (b) amends section 31102 to include reference to 
     the ``improvement'' of motor carrier safety and includes 
     references to hazardous materials transportation safety as a 
     part of the state grant programs.
       Subsection (c) amends section 31102(b)(1) of make technical 
     changes in the state plans required as a condition of 
     receiving federal motor carrier safety grants. Requirements 
     that the state plan implement performance-based activities by 
     fiscal year 2003, that States establish programs to ensure 
     proper and timely correction of safety violations, and that 
     States ensure roadside inspections are done at a safe 
     distance from the roadway are added.
       Subsection (d) amends section 31102 to include a reference 
     to improving commercial vehicle safety, in addition to 
     enforing regulations, as activities eligible for 
     reimbusement.
       Subsection (e) amends section 31104(a) to provide annual 
     authorization for federal motor carrier safety grants. In 
     fiscal year 1998, $78 million is provided; in fiscal year 
     1999, $110 million is provided; and in each of fiscal years 
     2000 through 2003, $130 million is provided.
       Subsection (f) amends section 31104(b) to delete an 
     outdated provision.
       Subsection (g) amends section 31104(f) to provide that the 
     Secretary shall allocate amounts to States with approved 
     state plans and shall determine criteria for allocation. The 
     Secretary may designate up to 5 percent of funds made 
     available under the state grant program for reimbursement of 
     State and local government high priority activities which 
     improve commercial vehicle safety. Section 31104(g) is 
     deleted to provide greater flexibility to states in 
     activities to be funded with federal safety grants. Other 
     technical and conforming changes are made.
       Subsection (h) makes a conforming amendment to the table of 
     sections for chapter 311.
     Senate amendment
       Sections 3402-3404 of the Senate bill contain similar 
     provisions. Section 3402 provides

[[Page H3920]]

     that states implement by 2000 performance-based motor carrier 
     safety components in the motor carrier safety assistance 
     program (MCSAP) plans they submit to the Department of 
     Transportation (DOT). The section further requires DOT to 
     ensure that: State motor carrier safety programs are 
     consistent, effective, and contain reasonable sanctions; data 
     collection and information systems are coordinated with State 
     highway safety programs; and, the participation in SAFETYNET 
     by all jurisdictions receiving motor carrier safety 
     assistance grant funds.
       Section 3403 allows motor carrier safety assistance grants 
     to be used to enforce rules aimed at improving hazardous 
     materials transportation safety.
       Section 3404(a) amends section 31104(a) to provide annual 
     authorizations for federal motor carrier safety grants. The 
     funding levels authorized are: $80 million for fiscal year 
     1998; $100 million for fiscal year 1999; $97 million for 
     fiscal year 2000; $94 million for fiscal year 2001; and, 
     $90.5 million in fiscal years 2002 and 2003.
       Section 3404(c) amends section 31104(f) to provide that the 
     Secretary shall allocate amounts to States with approved 
     state plans and shall determine the criteria for allocation. 
     The Secretary may designate up to 5 percent of funds made 
     available under the state grant program for reimbursement of 
     State and local government high priority activities which 
     improve commercial vehicle safety. Section 31104(g) is 
     deleted to provide greater flexibility to states in 
     activities to be funded with federal safety grants. Other 
     technical and conforming changes are made.
     Conference substitute
       The conference adopts the House approach, with 
     modifications. The conference includes the Senate provision 
     for states to implement performance-based MCSAP plans by 
     2000. The conference accepts the House bill's concept that 
     States ensure roadside inspections are performed at a safe 
     distance from the roadway, but substitutes the word 
     ``location'' for clarification. The conference authorizes the 
     following funding levels for the program: $79 million for 
     fiscal year 1998; $90 million for fiscal year 1999; $95 
     million for fiscal year 2000; $100 million for fiscal year 
     2001; $105 million for fiscal year 2002; and, $110 million 
     for fiscal year 2003. The conference agreement modifies the 
     High Priority and Border discretionary programs by allowing 
     the Secretary to designate up to 5 percent of MCSAP funds for 
     States, local governments, and other persons for carrying out 
     activities and programs that improve commercial motor vehicle 
     safety and compliance with safety regulations. A similar 
     designation is permitted for States, local governments, and 
     other persons to carry out border commercial motor vehicle 
     safety programs and enforcement activities and projects.


                     Sec. 4004. Information Systems

     House bill
       Subsection (a) of Section 403 replaces the current section 
     31106 to provide greater authority and flexibility to the 
     Secretary in establishing and operating motor carrier, 
     commercial motor vehicle, and driver information systems and 
     data analysis programs to support safety activities. The 
     Secretary shall work in coordination with the States in 
     developing and maintaining systems which identify and collect 
     data; evaluate the safety fitness of carriers, vehicles, and 
     drivers; develop strategies to mitigate safety problems and 
     measure effectiveness; determine cost-effectiveness of 
     Federal and State safety programs; and adapt, improve and 
     incorporate other information and systems as determined 
     appropriate. The Secretary may prescribe technical and 
     operational standards. The Secretary is directed to include 
     as part of the information systems authorized, a 
     clearinghouse and repository of information related to State 
     registration and licensing of commercial motor vehicles and 
     the motor carriers operating the vehicles. The Secretary is 
     authorized to establish a program to improve commercial motor 
     vehicle driving safety to enhance the exchange of driver 
     licensing information, provide information to the judicial 
     system on drivers, and develop strategies and countermeasures 
     to improve driver safety. This section includes provisions 
     relating to cooperative agreements, grants and contracts and 
     sets forth the availability of information collected in the 
     systems to States, local officials, and the public.
       The current section 31107, an outdated provision, is 
     deleted and replaced with authorizations for the information 
     systems under section 31106. In fiscal year 1998, $7 million 
     is provided; in fiscal year 1999, $15 million is provided; 
     and in each of fiscal years 2000 through 2003, $20 million is 
     provided. Other technical and conforming amendments to title 
     49 are made.
     Senate amendment
       Section 3405 substitutes the existing Commercial Motor 
     Vehicle information system with a new information system. The 
     section requires the new information network to be capable of 
     identifying motor carriers and drivers, tracking commercial 
     motor vehicle registration and commercial motor vehicle 
     driver licensing, and providing motor carrier and driver 
     safety performance data. The section requires the system to 
     have the capability to utilize the information in order to 
     develop strategies to address safety problems and to measure 
     the effectiveness of those strategies. The section further 
     requires the Secretary to prescribe technical and operation 
     standards to ensure the uniform, timely and accurate 
     information collection and reporting by the States.
       This section also authorizes the Secretary to establish a 
     commercial motor vehicle safety program that enhances the 
     exchange of driver licensing information, provides 
     information to the judicial system on the program, and 
     evaluates appropriate driver performance and safety aspects. 
     The section permits the Secretary to enter into agreements 
     with other Federal agencies and other parties to carry out 
     the new information and commercial motor vehicle safety 
     program.
     Conference substitute
       The conference merges the House and Senate language on the 
     information systems and data analysis program elements. The 
     conference requires the Secretary to prescribe technical and 
     operational standards to ensure uniform, timely, and accurate 
     information collection and reporting by the States and other 
     entities. The conference authorizes assistance to help States 
     develop or implement the information systems established 
     under the section. The conference authorizes the following 
     funding levels for the information systems and data analysis 
     program: $6 million for fiscal year 1998; $10 million for 
     each of fiscal years 1999 and 2000; $12 million for each of 
     fiscal years 2001 and 2002; and, $15 million for fiscal year 
     2003. The conference further authorizes the Secretary to 
     allocate up to 50 percent of the authorized funding to 
     establish the information clearinghouse directed under this 
     section, and encourages the Secretary to focus its resources 
     on assisting those states that have not previously received 
     such assistance to develop or implement information systems.
       The conference is providing separate funding for 
     information systems and analysis because they are critical to 
     the successful adoption of performance-based regulations and 
     oversight. The Secretary should ensure that the data in these 
     systems is accurate and timely. In addition, the conference 
     expects the Secretary to develop systems that are linked, 
     providing complete information rapidly to inspectors and 
     safety officers.
       Finally, while the conference recognizes the benefits such 
     information systems can provide, the conference also 
     recognizes the need for safeguards to protect individuals and 
     companies' privacy. Therefore, the Secretary should carefully 
     develop the information availability policy called for in the 
     new subsection (e).


               sec. 4005. automobile transporter defined

     House bill
       Section 404 amends section 31111(a) to define ``automobile 
     transporter'' as any vehicle combination designed and used 
     specifically for the transport of assembled highway vehicles.
     Senate amendment
       The Senate amendment includes a similar provision. Section 
     3410 defines automobile transporter to mean any vehicle 
     combination designed and used specifically for the transport 
     of assembled highway vehicles, including truck camper units.
     Conference substitute
       The conference adopts the Senate provision. The conference 
     notes that the phrase ``truck camper units'' is defined in 
     the ANSI A119.2/NFPA 501C standard on recreational vehicles 
     as ``a portable unit constructed to provide temporary living 
     quarters for recreational, travel, or camping use, consisting 
     of a roof, floor, and sides, designed to be loaded onto and 
     unloaded from the bed of a pickup truck'' (1996 edition).


                   sec. 4006. Inspections and reports

     House bill
       Subsection (a) amends section 31133(a)(1) to allow the 
     Secretary to make contracts for inspections and 
     investigations.
       Subsection (b) amends section 504 to allow a contractor, 
     designated by the Secretary, to make inspections of equipment 
     of a carrier and make inspections of records of carriers.
     Senate amendment
       Section 3411 of the Senate amendment provides for an 
     identical provision.
     Conference substitute
       The conference adopts the provision.


           sec. 4007. waivers, exemptions, and pilot programs

     House bill
       Section 406 establishes a new process for granting 
     regulatory exemptions, coupled with a process for the 
     Secretary to carry out pilot programs. Subsection (a) 
     replaces the current waiver authority in section 31315 with a 
     new provision relating to authority and standards for 
     exemptions (to replace waiver authority provided in section 
     31136(e) and 31315) and pilot programs.
       New subsection 31315(a) provides that the Secretary may 
     grant to a person or class of persons a temporary exemption 
     from regulations issued under chapter 313 or section 31136 if 
     the Secretary finds such exemption would likely achieve a 
     level of safety equal to or greater than the level that would 
     be achieved absent such exemption. Exemptions shall be for a 
     2-year period and may be renewed. An exemption may be revoked 
     if the terms and conditions are not met or if the exemption 
     is not consistent with safety goals. The Secretary shall 
     specify by regulation the procedures for requesting 
     exemptions, but certain minimum requirements are set forth. 
     Requests for exemptions shall be published in the Federal 
     Register and the

[[Page H3921]]

     public shall be given an opportunity to comment. Any 
     exemptions granted shall be published in the Federal 
     Register, along with terms and conditions of the exemption 
     and effective period. Any exemptions denied shall be 
     published in the Federal Register, with the reasons for 
     denial. The Secretary shall act on each exemption request 
     within 180 days or shall publish in the Federal Register why 
     the decision will be delayed and an estimate of when the 
     decision will be made. Terms and conditions of an exemption 
     may be specified and appropriate state compliance and 
     enforcement personnel shall be notified of an exemption 
     provided.
       New subsection 31315(b) provides authority to the Secretary 
     to conduct pilot programs to evaluate innovative approaches 
     to motor carrier, vehicle, and driver safety. Pilots may 
     include exemptions from regulations. Proposed pilot programs 
     shall be published in the Federal Register and the public 
     shall be given an opportunity to comment. Certain minimum 
     program elements for pilot programs are specified. The 
     Secretary may revoke participation in or terminate a pilot 
     program. A report shall be issued to Congress at the 
     conclusion of each pilot program.
       New subsection 31315(c) provides that, during the time 
     period an exemption or pilot program is in effect, no State 
     shall enforce a law or regulation that conflicts with or is 
     inconsistent with an exemption or pilot program with respect 
     to a person exercising the exemption or participating in the 
     pilot program.
       Subsections (b) and (c) make conforming amendments.
     Senate amendment
       Section 3421 authorizes the Secretary to initiate programs 
     to examine innovative approaches or alternatives to certain 
     commercial motor carrier safety regulations. This section 
     provides the Secretary broader discretion to grant waivers 
     and exemptions from motor carrier and driver safety 
     regulations which are necessary to develop performance based 
     regulations and evaluate the effectiveness of existing 
     regulations.
       This section recognizes that revising the waiver provisions 
     in Section 31136 of Subchapter III, Safety Regulations and 
     Section 31315 of Chapter 313, Commercial Motor Vehicle 
     Operators is necessary because of the strict interpretation 
     given to section 31136(e) by the D.C. Circuit Court of 
     Appeals in__AHAS v. FHWA,__28 F.3d 1288 (1994), limiting 
     the ability of the Secretary to issue waivers and 
     exemptions. The Court found that the statutory language 
     required the Secretary to determine, before issuing any 
     waiver, that no diminution in safety would result, i.e., 
     that it be determined beforehand there would be absolutely 
     no increase in crashes as a result of the waivers. To deal 
     with the decision, this section substitutes the term 
     ``equivalent'' to describe a reasonable expectation that 
     safety will not be compromised. In the absence of greater 
     discretion to deal with waivers and exemptions and a new 
     standard by which to judge them, the Congress would 
     continue to be the only source to provide regulatory 
     exemptions.
       The National Highway System Designation Act of 1995 (NHS) 
     required the establishment of criteria and a program to grant 
     and monitor exemptions from a broad range of safety 
     regulations for commercial vehicles over 10,000 pounds but 
     less than 26,000 pounds. This approach is a model for the 
     exemption pilot program established by this section. The new 
     waiver and exemption provision requires the Secretary to 
     issue regulations that will outline a process for issuing 
     waivers, procedures for conducting pilot projects or 
     demonstration programs to evaluate the safety performance of 
     a regulation or part of a regulation, and conditions under 
     which exemptions from motor carrier safety regulations will 
     be considered.
       This section distinguishes between the terms ``waiver'' and 
     ``exemption,'' primarily by scope and duration. It provides 
     the Secretary the authority to: issue a waiver for a 
     relatively short term, for a specific purpose to a particular 
     person or group of persons, under conditions defined in the 
     waivers (e.g., circus vehicles under escort from railhead to 
     exhibition site for the duration of the appearance); issue an 
     exemption for up to two years, with a renewable two-year 
     feature, limited to a class of persons, vehicles or 
     circumstances (e.g., relief from certain requirements for 
     well-defined operations with low risk histories and 
     alternative management controls); and perform pilot projects 
     or demonstration projects, using either a waiver or exemption 
     or combination, to examine whether alternatives to regulatory 
     requirements, particularly record keeping, are as effective 
     in producing safety benefits.
       This section permits the Secretary to grant a waiver 
     without advance public notice, but a record would have to be 
     maintained. An exemption may be granted after notice and 
     opportunity for comment and either a safety demonstration 
     project or safety analysis was performed. The Secretary could 
     initiate pilot projects or demonstration programs to examine 
     whether a new requirement should become a regulation, whether 
     performance under existing regulations is effective in 
     producing the desired safety result, and whether alternative 
     methods can produce the same safety benefit with less 
     regulatory burden. Before any pilot project or demonstration 
     program is undertaken, notice and opportunity for comment 
     must be given to the public. It is expected the Secretary 
     would issue regulations to provide that safety would be the 
     primary consideration in deciding whether any waiver or 
     exemption should be issued, or any pilot program initiated.
     Conference substitute
       The conference adopts a compromise provision, which 
     includes basic provisions of both the House and Senate bills.
       Subsection (a) authorizes the Secretary to grant regulatory 
     waivers if such action would be in the public interest and a 
     level of safety is expected to be achieved that is equivalent 
     to or greater than the level of safety obtained under 
     regulatory compliance. A waiver would not be permitted to be 
     granted beyond a 3 month period, must be limited in scope and 
     circumstances for special, non-emergency situations, and 
     could include conditions as deemed appropriate by the 
     Secretary. The conference expects the Secretary would issue 
     guidelines to provide for a reasonable process under which 
     waivers may be requested and considered.
       Subsection (b) authorizes the Secretary to grant regulatory 
     exemptions and Subsection (c) authorizes the Secretary to 
     conduct pilot programs to evaluate innovative approaches and 
     alternatives to regulations.
       The conference acknowledges that many motor carrier groups 
     have sought statutory exemptions during the development of 
     this legislation and such requests should be considered by 
     the Secretary after evaluating their merits under this 
     provision. The conferees believe the pilots authorized under 
     this section should include a reasonable number of 
     participants to enable the Secretary to assess the safety 
     impact of the pilots' results.
       The conference expects the Secretary to use this authority 
     judiciously. Pilot programs should be carefully designed and 
     implemented to both protect the participants and the public, 
     while yielding useful information to support future 
     rulemaking proceedings and improve the efficiency of 
     oversight activities.


                      Sec. 4008. Safety Regulation

     House bill
       Subsection (a) of Section 407 amends section 31132(1)(A) to 
     include in the definition of commercial motor vehicle those 
     vehicles with a gross vehicle weight of at least 10,001 
     pounds (in addition to those vehicles which have such a 
     rating). Section 31132(1)(B) is amended to refer to vehicles 
     designed to carry 8 passengers, including the driver.
       Subsection (b) deletes section 31134 relating to the 
     Commercial Motor Vehicle Safety Regulatory Review Panel which 
     has completed it responsibilities.
       Subsection (c) deletes section 31140 relating to the 
     Commercial Motor Vehicle Safety Regulatory Review Panel and 
     its review of State laws and regulations.
       Subsection (d) amends section 31141 to delete references to 
     the Commercial Motor Vehicle Safety Regulatory Review Panel 
     and makes conforming and technical changes to the review of 
     State laws and regulations by the Secretary.
       Subsections (e) and (f) make technical amendments to 
     section 31142.
     Senate amendment
       The Senate amendment includes similar provisions. Section 
     3411(f) amends the definition of commercial motor vehicle in 
     Section 31132(1) of title 49, U.S.C., to include vehicles 
     with a gross vehicle weight of at least 10,001 pounds (in 
     addition to the gross vehicle weight rating).
       Section 3411(a) repeals the current review panel process 
     that reviews state laws for compatibility with Federal 
     commercial motor vehicle safety regulations. Section 3411(b) 
     repeals the panel procedures and replaces them with a review 
     process to be administered by the Secretary.
     Conference substitute
       The conference follows the House approach.


                       Sec. 4009. Safety Fitness

     House bill
       Subsection (a) of Section 419 of the House bill amends 
     section 31144 to revise procedures and provisions relating to 
     safety fitness determinations of owners and operators. The 
     Secretary is directed to determine whether owners and 
     operators are fit to safely operate commercial motor 
     vehicles, periodically update determinations, make the 
     determinations available to the public, and prescribe by 
     regulation penalties for violations. The Secretary is to 
     maintain by regulation a process to determine fitness.
       An owner or operator who the Secretary determines is not 
     fit may not operate commercial motor vehicles in interstate 
     commerce beginning on the 61st day after the date of such 
     fitness determination and until the Secretary determines the 
     owner or operator is fit.
       In the case of those transporting passengers or hazardous 
     materials, an owner or operator who the Secretary determines 
     is not fit may not operate in interstate commerce beginning 
     on the 46th day after the date of such fitness determination 
     and until the Secretary determines the owner or operator is 
     fit.
       With the exception of those transporting passengers or 
     hazardous materials, the Secretary may allow an owner or 
     operator to continue to operate beyond the 61st day if the 
     owner or operator is making a good faith effort to become 
     fit.
       The Secretary must review the determination that an owner 
     or operator is unfit not

[[Page H3922]]

     later than 45 days after the unfit owner or operator requests 
     a review, and within 30 days in the case of owners or 
     operators transporting passengers or hazardous materials.
       A department, agency, or instrumentality of the U.S. 
     Government may not use to provide any transportation service 
     an owner or operator determined unfit by the Secretary, until 
     the Secretary determines such owner or operator is fit.
       Subsection (b) makes a conforming amendment to section 5113 
     of title 49.
     Senate amendment
       Section 3411(d) directs the Secretary to maintain in 
     regulation a procedure for determining the safety fitness of 
     owners and operators of commercial motor vehicles. The 
     section requires the procedures to include the requirements 
     that owners and operators of commercial motor vehicles must 
     meet to demonstrate safety fitness; a means used to decide 
     whether the owners, operators, or other persons meet safety 
     fitness requirements; and deadlines for action by the 
     Secretary in making fitness determinations. Subsection (d) 
     prohibits a motor carrier that fails to meet the safety 
     fitness requirements established by the Secretary from 
     operating in interstate commerce. The subsection permits the 
     Secretary to extend the time limit granted for a motor 
     carrier to come into compliance after a determination that 
     the motor carrier fails to meet safety fitness requirements.
     Conference substitute
       The conference follows the House approach. The conference 
     requires the Secretary to periodically update safety fitness 
     determinations of owners and operators and to make such final 
     safety fitness determinations readily available to the 
     public. The publication of final safety fitness 
     determinations does not preclude the ability of the Secretary 
     to review the safety fitness of owners and operators. 
     However, the conference would not expect preliminary data 
     analysis or preliminary safety fitness information to be 
     publicly available.


   section 4010. repeal of certain obsolete miscellaneous authorities

     House bill
       Section 409 repeals subchapter IV (sections 31161 and 
     31162) which are unnecessary and burdensome provisions.
     Senate amendment
       The Senate bill includes an equivalent provision (Sec. 
     3411(c)(2)).
     Conference substitute
       The conference adopts the provision.


               section 4011. commercial vehicle operators

     House bill
       Subsection (a) of Section 410 amends the definition of 
     commercial motor vehicle in section 31301 to include vehicles 
     with a gross vehicle weight of at least 26,001 pounds (in 
     addition to gross vehicle weight rating).
       Subsection (b) amends section 31302 to clarify that an 
     individual may operate commercial motor vehicle only if the 
     individual has a valid commercial driver's license (CDL) and 
     that an operator may have only one driver's license at any 
     time.
       Subsection (c) amends section 31308(2) to require that CDLs 
     must include unique identifiers to minimize fraud and 
     duplication.
       Subsection (d) amends section 31309 to clarify that the 
     commercial drivers license information system is maintained 
     by the Secretary and shall be maintained in coordination with 
     activities carried out under section 31106. Certain other 
     clarifying and technical amendments are made.
       Subsection (e) repeals obsolete state grant programs 
     regarding testing and licensing of commercial vehicle 
     drivers.
     Senate amendment
       The provisions are similar. Section 3212(f)(1) amends the 
     definition of commercial motor vehicle in each place it 
     appears in section 31301 to include vehicles with a gross 
     vehicle weight of at least 26,001 pounds (in addition to 
     gross vehicle weight rating).
       Section 3212(f)(2) inserts the word ``is'' at two places 
     section 31301 subparagraph (C).
       Section 3416(b) amends the definition with respect to motor 
     carriers of passengers and section 3416(c) provides that 
     regulations would apply to such carriers 12 months after the 
     date of enactment, unless the Secretary determines it would 
     be appropriate to exempt them.
     Conference substitute
       The conference adopts the House approach.


      sec. 4012. utility service commercial motor vehicle drivers

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 3424 provides a process for an emergency exemption 
     to allow utility drivers to serve customers during times of 
     emergencies declared by elected State or local officials and 
     provides for monitoring of any safety impacts associated with 
     such exemptions.
     Conference substitute
       The conference adopts the Senate provision.


    sec. 4013. participation in international registration plan and 
                    international fuel tax agreement

     House bill
       Section 413 of the House bill repeals obsolete sections of 
     chapter 317 (sections 31702, 31703, and 31708) relating to a 
     working group and grants to encourage participation in the 
     International Fuel Tax Agreement and International 
     Registration Plan.
     Senate amendment
       Section 3414 of the Senate bill is identical to the House 
     provision.
     Conference substitute
       The conference adopts the provision.


    sec. 4014. safety Performance history of drivers; limitation on 
                               liability

     House bill
       No comparable provision.
     Senate amendment
       Section 3412(g) of the Senate bill amends Chapter 5 of 
     Title 49, United States Code. The provision bars an action 
     for defamation, invasion of privacy, or interference with a 
     contract that is based on the furnishing or use of safety 
     performance records of an individual under consideration for 
     employment as a commercial motor vehicle driver against a 
     person who has complied with such a request or his agents or 
     insurers. The bar does not apply to a motor carrier 
     requesting the records unless the motor carrier, the person 
     complying with the request and their agents have taken all 
     precautions reasonably necessary to ensure the accuracy of 
     the records and 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 complied fully with all the regulations 
     issued by the Secretary of Transportation in using and 
     furnishing the records.
       The bar also does not apply to a person complying with a 
     request unless the motor carrier requesting the records, the 
     complying person, and their agents have taken all reasonably 
     necessary precautions to ensure the accuracy of the records 
     and 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.
       State and local law is preempted to the extent that it 
     prohibits, penalizes, or imposes liability for furnishing or 
     using safety performance records in accordance with 
     regulations issued by the Secretary.
     Conference substitute
       The conference adopts the Senate provision with 
     modification. The conference agreement adds a requirement 
     that as a part of the rulemaking the Secretary is conducting 
     under section 114 of the Hazardous Materials Transportation 
     Authorization Act of 1994 (108 Stat. 1677-1678) to amend 
     Section 391.23 of title 49, Code of Federal Regulations, that 
     the Secretary provide protection for driver privacy and 
     establish procedures for review, correction, and rebuttal of 
     the safety performance records of a driver. The conference 
     further directs the Secretary to complete the rulemaking by 
     January 31, 1999. The liability waiver will become effective 
     on the same date.


                          sec. 4015. penalties

     House bill
       No comparable provision.
     Senate amendment
       Section 3412 of the Senate bill amends section 521 of Title 
     49, United States Code. This section excepts from the 
     penalties provision of section 521(b)(1) ``reporting and 
     record keeping violations''. This section also strikes ``fix 
     a reasonable time for abatement of the violation'' from 
     subparagraph (A).
       Section 521(b)(2) is amended by deleting ``reckless 
     disregard'' and ``gross negligence'' from the liability 
     standard for the penalty section.
       A new subsection (B) is added entitled ``Recordkeeping and 
     Reporting Violations'' which specifies penalties for such 
     violations.
     Conference substitute
       The conference adopts the Senate provision.


          sec. 4016. authority over charter bus transportation

     House bill
       No comparable provision.
     Senate amendment
       Section 3417 of the Senate bill amends Section 14501(a) of 
     Title 49, United States Code. The provision strikes the 
     authority of the states to regulate intrastate and interstate 
     charter bus transportation.
     Conference substitute
       The conference adopts the Senate provision with 
     modification. A clarifying provision is included to ensure 
     that states may continue to regulate safety with respect to 
     motor vehicles and to impose highway route controls or 
     limitations based on the size or weight of the motor vehicle 
     or with regard to minimum amounts of financial responsibility 
     relating to insurance requirements. The conference also notes 
     that the provision does not limit a State's ability to 
     regulate taxicab service or limousine livery service.


      sec. 4017. telephone hotline for reporting safety violations

     House bill
       Subsection (a) of Section 414 directs the Secretary to 
     establish, for a period of at least 2 years, a nationwide, 
     toll-free telephone system to be used by drivers of 
     commercial motor vehicles and others to report potential 
     violations of Federal motor carrier safety regulations and 
     other laws and regulations relating to safety.
       Subsection (b) provides that information received shall be 
     used in setting priorities for safety audits and other 
     enforcement activities.

[[Page H3923]]

       Subsection (c) provides that a person reporting a potential 
     violation shall be provided the protections of section 31105.
       Subsection (d) provides that up to $300,000 from 
     administrative expenses may be used per fiscal year to carry 
     out this section.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts the House provision with minor 
     modifications and authorizes the Secretary to spend no more 
     than $250,000 of funding available for general operating 
     expenses in any fiscal year to carry out this directive.


           sec. 4018. insulin treated diabetes mellitus study

     House bill
       Subsection (a) of Section 415 directs the Secretary of 
     Transportation to determine within 18 months whether a safe, 
     practicable and cost-effective screening, operating, and 
     monitoring protocol could likely be developed for insulin 
     treated diabetes mellitus individuals who want to operate 
     commercial motor vehicles in interstate commerce that would 
     ensure a level of safety equal or greater than that achieved 
     with the current prohibition on such drivers.
       Subsection (b) directs the Secretary to compile and 
     evaluate research and other information, to consult with 
     States who have developed and are implementing a screening 
     process, to evaluate the Department's policy and actions to 
     permit individuals with insulin treated diabetes mellitus to 
     operate in other modes of transportation, and to consult with 
     certain groups.
       Subsection (c) directs that, if it is determined that a 
     protocol can be developed, the Secretary shall report to 
     Congress the basis for such determination.
       Subsection (d) directs that, if it is determined that a 
     protocol can be developed, the Secretary shall report to 
     Congress on the elements to be included in such a protocol 
     and promptly initiate a rulemaking implementing the protocol.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts the House provision with the addition 
     of a requirement that the Secretary of Transportation also 
     assess any legal consequences of permitting insulin treated 
     diabetes mellitus individuals to drive commercial motor 
     vehicles in interstate commerce. The standard in subsection 
     (a) is intended to ensure that insulin treated diabetes 
     mellitus individuals be held to a level of safety comparable 
     to that required of other qualified commercial drivers and 
     not to a higher standard.


                sec. 4019. performance-based cdl testing

     House bill
       Subsection (a) of Section 416 directs the Secretary of 
     Transportation to review the procedures established and 
     implemented by States for testing operators of commercial 
     motor vehicles to determine if the system accurately reflects 
     an individual's knowledge and skills as a commercial motor 
     vehicle operator and to identify methods to improve testing 
     and licensing standards, including the benefits and costs of 
     a graduated licensing system.
       Subsection (b) provides that, not later than one year 
     following such review, the Secretary shall issue regulations 
     under section 31305 of title 49, relating to CDLs which 
     reflect the results of the review.
     Senate amendment
       Section 3412 amends Section 31305(a) by giving the 
     Secretary of Transportation the authority to establish 
     performance-based testing and licensing standards that more 
     accurately measure and reflect an individual's knowledge and 
     skills as an operator.
     Conference substitute
       The conference adopts the House provision.


                sec. 4020. post-accident alcohol testing

     House bill
       Section 417 requires the Secretary to conduct a study of 
     the feasibility of utilizing emergency responders and law 
     enforcement officers for conducting post-accident alcohol 
     testing of commercial motor vehicle operators under section 
     31306 of title 49, United States Code.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts the House provision with 
     modification. The modifications require the study to address 
     the feasibility of utilizing law enforcement officers for 
     conducting post-accident alcohol testing, as well as the 
     ability of motor carrier employers to meet the current 
     post-accident alcohol testing requirements imposed under 
     section 31306. The reference in the House provision to 
     ``emergency responders'' is deleted from the study 
     requirements.


                       Sec. 4021. Driver Fatigue

     House bill
       Subsection (a) of Section 418 directs the Secretary, as 
     part of ongoing activities relating to fatigue of commercial 
     motor vehicle operators, to encourage the development of 
     technologies that may aid in reducing fatigue. Subsection 
     (a)(2) sets forth factors to be considered, including the 
     degree to which the technology will be cost efficient, can be 
     used in various climates, and will reduce emissions, conserve 
     energy, and further other transportation goals. Subsection 
     (a)(3) provides that funds made available under subparagraphs 
     (F) through (I) of section 127(a)(3) of the bill may be used 
     to carry out this section.
       Subsection (b) directs the Secretary to review potential 
     safety benefits of the use of non-sedating antihistamines by 
     operators of commercial vehicles and to consider encouraging 
     the use of such antihistamines.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts the House provision with minor 
     modifications.


        Sec. 4022. Improved Flow of Driver History Pilot Program

     House bill
       No comparable provision.
     Senate amendment
       Section 3406 requires the Secretary of Transportation to 
     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 failure to appear for a hearing or trial, should be 
     included as part of any information systems; (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.
     Conference substitute
       The conference adopts the Senate provision with the proviso 
     that at the end of the pilot program the Secretary shall 
     begin, if appropriate, a rulemaking to revise the information 
     system under section 31309 of Title 49, United States Code.


                    Sec. 4023. Employee Protections

     House bill
       No comparable provision.
     Senate amendment
       Section 3411(g) requires the Secretary of Transportation, 
     in conjunction with the Secretary of Labor to study the 
     effectiveness of existing statutory employee protections 
     provided for under section 31105 of title 49, United States 
     Code.
     Conference substitute
       The conference adopts the Senate provision.


            Sec. 4024. Improved Interstate School Bus Safety

     House bill
       Subsection (a) of Section 408 amends section 31136 to 
     provide that federal safety regulations apply to interstate 
     school bus operations by local educational agencies.
       Subsection (b) directs the Secretary to submit a report 
     within two years describing the status of compliance and 
     activities of the Secretary or States to enforce the 
     requirements.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts an alternative provision to instruct 
     the Secretary to begin a rulemaking to determine whether or 
     not relevant commercial motor carrier safety regulations 
     issued under section 31136 should apply to all interstate 
     school transportation operations.


                  Sec. 4025. Truck Trailer Conspicuity

     House bill
       Section 421 requires the Secretary of Transportation to 
     issue, not more than one year after enactment of this Act, a 
     final rule regarding the Conspicuity of trailers manufactured 
     before December 1, 1993. In so doing, the Secretary is 
     required to consider, at a minimum, the following: (1) the 
     cost-effectiveness of any requirement to retrofit trailers 
     manufactured before December 1, 1993; (2) the extent to which 
     motor carriers have voluntarily taken steps to increase 
     equipment visibility; regulatory flexibility to accommodate 
     differing trailer designs and configurations, such as tank 
     trucks.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference adopts the House provision. The conference 
     however stresses that this provision does not require the 
     Secretary to order a retrofit of any trailers manufactured 
     before December 1, 1993.


                   Sec. 4026. DOT Implementation Plan

     House bill
       Section 422 requires the Secretary of Transportation to 
     develop and submit to Congress a plan for implementing 
     authority (if subsequently provided by law) to: (1) 
     investigate and bring civil actions to enforce Chapter 5 of 
     Title 49, United States Code when violated by shippers, 
     freight forwarders, brokers, consignees, or persons (other 
     than rail carriers, motor carriers, motor carriers of migrant 
     workers, or motor private carriers); (2) assess civil or 
     criminal penalties against a person who knowingly aids, 
     abets, counsels, commands, induces, or procures a violation 
     of a regulation or order under chapter 311 or section 31502. 
     The development of the plan requires the Secretary to 
     consider: in what circumstances the Secretary would exercise 
     the new authority; how the Secretary would determine that

[[Page H3924]]

     shippers, freight forwarders, brokers, consignees, or other 
     persons committed violations; what procedures would be 
     necessary during investigation to ensure the confidentiality 
     of shipper contract terms; the impact of the new authority on 
     the Secretary's resources.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference report directs the Secretary to assess the 
     scope of the problem of shippers, freight forwarders, 
     brokers, consignees, or other persons encouraging violations 
     of chapter 5 of title 49 and after the assessment the 
     Secretary may submit to Congress a plan for implementing 
     authority (if subsequently provided by law) to investigate 
     and bring civil actions to enforce chapter 5 of title 49, 
     United States Code. The report to Congress will contain the 
     elements required of it in the House bill as well as a 
     request of what, if any, educational activities the Secretary 
     would conduct for persons who would be subject to the new 
     authority.


           Sec. 4027. Study of Adequacy of Parking Facilities

     House bill
       Section 123 requires the Secretary of Transportation to 
     conduct a study 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. The 
     study must be reported to Congress within 36 months. The 
     study shall include an inventory of current facilities 
     serving the National Highway System, analyze where shortages 
     exist or are projected to exist, and propose a plan to reduce 
     the shortage. The study is funded under Section 104(a) of 
     Title 23, United States Code, for $500,000 per fiscal year 
     for fiscal years 1998, 1999 and 2000.
     Senate amendment
       Section 3415 is similar to the House bill with the 
     exception of the funding provision.
     Conference substitute
       The conference adopts the House provision. The Secretary 
     would be permitted to allocate no more than $500,000 for each 
     of the fiscal years 1999, 2000, 2001.


          sec. 4028. qualifications of foreign motor carriers

     House bill
       No comparable provision.
     Senate amendment
       Section 3419 of the Senate bill requires the Secretary of 
     Transportation, within 90 days after enactment of the Act, to 
     review the qualifications of foreign carriers whose 
     applications for authority to operate in the United States 
     have not been processed due to the moratorium on the granting 
     of authority to foreign carriers to operate in the United 
     States.
     Conference substitute
       The conference adopts the Senate provision with the proviso 
     that the review does not constitute a finding by the 
     Secretary under section 13902 of title 49, United States 
     Code, that a motor carrier is willing and able to comply with 
     requirements of such section.


           sec. 4029. Federal Motor Carrier safety inspectors

     House bill
       No comparable provision.
     Senate amendment
       Section 3418 of the Senate bill requires the Secretary of 
     Transportation to maintain the level of Federal motor carrier 
     safety inspectors 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.
     Conference substitute
       The conference adopts the Senate provision with minor 
     modifications.


                sec. 4030. school transportation safety

     House bill
       Section 336 of the House bill requires the Secretary of 
     Transportation to begin not later than 3 months after the 
     date of the enactment of the Act a study of the safety issues 
     attendant to transportation of school and school-related 
     activities by various transportation modes.
     Senate amendment
       Section 3425 of the Senate bill requires the Secretary to 
     agree with the Transportation Research Board on a study of 
     the issues attendant to the transportation of school children 
     to and from school and school-related activities by various 
     transportation modes. The TRB shall consider available crash 
     injury data, and vehicle design and driver training in 
     conducting the study and the panel conducting the study shall 
     include representatives of highway safety organizations, 
     school transportation, mass transportation and bicycling 
     organizations.
     Conference substitute
       The conference adopts the Senate provision with the proviso 
     that a report to the Congress on the results of the study is 
     to be transmitted not later than 12 months after the 
     Secretary enters into an agreement with the Transportation 
     Research Board.


          sec. 4031. designation of new mexico commercial zone

     House bill
       No comparable provision.
     Senate amendment
       Section 3703 of the Senate bill establishes a commercial 
     zone in New Mexico comprised of Dona Ana and Luna Counties.
     Conference substitute
       The conference adopts the Senate provision with the proviso 
     that the Secretary of Transportation shall consult with other 
     Federal agencies that have responsibilities over traffic 
     between the United States and Mexico. The State of New Mexico 
     is required to submit within three months of the date of 
     enactment a plan to the Secretary describing how the state 
     will monitor commercial motor vehicle traffic and enforce 
     safety regulations. The conference is particularly concerned 
     that motor carriers within the zone comply with hours-of-
     service and drug and alcohol testing requirements and that 
     unauthorized carriers do not operate beyond the commercial 
     zone limits.


         sec. 4032. effects of mcsap grant reductions on states

     House bill
       No comparable provision.
     Senate amendment
       Section 3423 of the Senate bill allows States which did not 
     receive its full Motor Carrier Safety Assistance Program 
     during fiscal years 1996 and 1997 to enter into cooperative 
     agreements with the Secretary of Transportation to evaluate 
     the safety impact, costs, and benefits of allowing such 
     states to continue to participate fully in the Motor Carrier 
     Safety Assistance Program, then the Secretary shall allocate 
     to those States full amount of funds for fiscal years 1998, 
     1999, 2000, 2001, 2002 and 2003.
     Conference substitute
       The conference report requires the Secretary to study the 
     effects of reductions in MCSAP grants due to nonconformity of 
     State intrastate laws and regulations with Federal interstate 
     requirements. The study is to consider (1) national 
     uniformity and the purposes of the MCSAP program; (2) State 
     motor carrier, commercial motor vehicle, and driver safety 
     oversight and enforcement capabilities; and (3) the safety 
     impact, costs and benefits of a State's full participation in 
     the program. A report to Congress is to be submitted not 
     later than 2 years after the date of enactment of this Act.

               Interim Border Safety Improvement Program

     House bill
       Section 411 establishes an interim border safety 
     improvement program to improve commercial motor vehicle 
     safety in the vicinity of the borders between the U.S. and 
     Canada and the U.S. and Mexico. The Secretary may expend 
     funds and provide grants to States, local governments, 
     organizations and others for the employment and training of 
     personnel to enforce safety regulations at the border, for 
     the development of data bases and communications systems, and 
     for education and outreach initiatives. The Federal share 
     shall be 80 percent for the first two years that a State 
     receives a grant, 50 percent for the third and fourth years, 
     and 25 percent for the fifth and sixth years. Subsection (g) 
     provides annual authorizations for the program.
       Of the funds made available for the coordinated border 
     infrastructure and safety program under section 116 of the 
     bill, $20 million in fiscal year 1998 and $15 million in each 
     of fiscal years 1999 through 2003 shall be available for this 
     program.
     Senate amendment
       No comparable provision.
     Conference substitute
       The conference does not include a provision. The conference 
     addresses border safety matters under Section 4003 and 
     authorizes the Secretary to dedicate up to five percent of 
     funding made available to carry out the Motor Carrier Safety 
     Assistance Program for States, local governments, and other 
     persons to carry out border commercial motor vehicle safety 
     programs and enforcement activities and projects.

Hazardous Materials Transportation Regulation and Farm Service Vehicles

     House bill
       Sec. 420. Subsection (a) amends section 5117(d)(2) of title 
     49 regarding the transportation of hazardous materials to add 
     a new subparagraph (C) which provides that States are not 
     prohibited from providing an exception from requirements 
     relating to placarding, shipping papers, and emergency 
     telephone numbers for the private motor carriage in 
     intrastate transportation of an agricultural production 
     material. A State must certify that the exception is in 
     the public interest, the need for the exception, and that 
     the State shall monitor the exception and take such 
     measures necessary to ensure that safety is not 
     compromised.
       Subsection (b) defines the term ``agricultural production 
     material.''
     Senate amendment
       Section 3208 of the Senate bill as part of the 
     reauthorization of the Hazardous Materials Transportation Act 
     authorizes the Secretary to carry out pilot programs to 
     examine innovative approaches or alternatives to regulations 
     for private intrastate motor carriage of agricultural 
     production materials. The Secretary is prohibited from 
     carrying out a pilot program if it would pose an undue risk 
     to public health and safety. Furthermore, the Secretary shall 
     require that the pilot project contain safety measures 
     designed to achieve a level of safety equivalent

[[Page H3925]]

     to or greater than the level that would otherwise be 
     achieved. The Secretary is directed to terminate 
     participation immediately of any carrier that fails to comply 
     with the terms and conditions of the pilot or to terminate 
     the entire pilot if the Secretary determines it has resulted 
     in a lower level of safety.
     Conference substitute
       The conference does not include a provision.

                Motor Carrier and Driver Safety Research

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 3407 of the Senate bill provides not less than $10 
     million per year for programs designed to advance motor 
     vehicle and driver safety. The provision requires grants of 
     more than $250,000 to be awarded based on a competitive 
     selection. The Secretary shall submit annual reports to 
     Congress on the activities conducted under this section.
     Conference substitute
       The conference does not include a provision. The Secretary 
     is authorized to conduct motor carrier research in the 
     programs established or amended in Title V of this Act.

           Commercial Motor Vehicle Safety Advisory Committee

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 3420 of the Senate bill authorizes the Secretary to 
     establish an advisory committee to provide advice and 
     recommendations on regulatory issues.
     Conference substitute
       The conference does not include a provision.

                Commercial Motor Vehicle Safety Studies

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Section 3422 of the Senate bill directs the Secretary to 
     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 
     Interstate weight limits. Further, the Secretary should enter 
     into cooperative agreements with such States to collect 
     weigh-in-motion data necessary for the study. The Secretary 
     shall report to Congress within 2 years on the results of the 
     studies and may not withhold highway construction funds from 
     States for violations of grandfathered tandem axle weight 
     limits.
     Conference substitute
       The conference does not include a provision.

         Hazardous Materials Transportation Act Reauthorization

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Subtitle B reauthorizes the Hazardous Materials 
     Transportation Act, as requested by the Administration. The 
     Subtitle makes several changes in the hazardous materials 
     transportation program as administrated by the DOT Research 
     and Special Programs Administration.
     Conference substitute
       The conference does not include a provision.

                    TITLE V--TRANSPORTATION RESEARCH


            subtitle c--intelligence Transportation Systems

     Senate amendment
       Section 2101 designates the name of Subtitle B of chapter 5 
     as the ``Intelligent Transportation Systems Act of 1997'' 
     (ITS Act).
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     notification revising the date in the title. The substitute 
     language designates the name of Subtitle B as the 
     ``Intelligent Transportation Systems Act of 1998.''

                                Findings

     Senate amendment
       Sec. 2102 lists Congress' findings with respect to the ITS 
     program.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The substitute consolidates the findings in 
     the Senate bill into two findings retaining the reference to 
     investments in intelligence transportation systems made under 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 State. 1914 et seq.) and the principle that continued 
     investment is needed in this areas to realize fully the 
     benefits of intelligence transportation systems technology.

                           Goals and Purposes

     Senate amendment
       Section 521, 23 U.S.C., as proposed, sets forth the 
     purposes of the ITS Act of 1997, which are--(1) to provide 
     for accelerated deployment of proven technologies and 
     concepts and increased Federal commitment to improving 
     surface transportation safety, and (2) to expedite deployment 
     and integration of basic ITS services for consumers of 
     passenger and freight transportation across the nation.
     House bill
       Subsection 652(b) establishes the goals of the ITS program 
     including enhanced efficiency of the transportation system; 
     enhanced safety; enhancement of the environment; a program 
     that includes all users; improved accessibility; the 
     development of a technology base; improved ability to respond 
     to national emergencies; and the promotion of data sharing.
     Conference substitute
       The Conference adopts a goals and purposes provision 
     incorporating key concepts from both the House goals 
     provision and Senate purposes provision. The substitute 
     language identifies as goals of the ITS program the following 
     objectives most of which were included in both bills: 
     enhancement of surface transportation efficiency and 
     facilitation of intermodalism and international trade; 
     improvement of national transportation safety; protection and 
     enhancement of the natural environment; accommodation of the 
     needs of all surface transportation systems users; improved 
     responsiveness to emergencies and natural disasters. The 
     substitute language also identifies ITS program purposes 
     representing objectives with a more short-term focus than the 
     goals. The list of purposes, as follows: is drawn primarily 
     from the purposes section in the Senate bill: to expedite 
     deployment and integration of ITS; to ensure local 
     transportation officials have adequate knowledge of ITS 
     technologies for transportation planning and ITS operations 
     and maintenance purposes; to improve regional cooperation; 
     and to promote the use of private resources.

                  General Authorities and Requirements

                                 Scope

     Senate amendment
       The Senate bill contains no comparable provision
     House bill
       Subsection 652(a) directs the Secretary to conduct a 
     research, development, and deployment program for ITS.
     Conference substitute
       The Conference adopts the House provision.

                                 Policy

     Senate amendment
       Subsection 530(b), 23 U.S.C., as proposed, prohibits the 
     Secretary from funding any ITS operational test or deployment 
     that competes with a similar privately funded project.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The substitute moves this provision from the 
     Funding Limitations section in the Senate bill to the General 
     Authorities and Requirements section in the substitute. The 
     Senate provision is also revised to state that as a general 
     policy federally-funded projects shall not displace public-
     private partnerships or private sector investment.

    Cooperation with Governmental, Private, and Educational Entities

     Senate amendment
       Paragraph 523(b)(2), 23 U.S.C., as proposed, directs the 
     Secretary in carrying out the intelligent transportation 
     system program to maximize the involvement of the private 
     section, college and universities, Federal laboratories, and 
     State and local governments.
     House bill
       Paragraph 653(a)(1) directs the Secretary to carry out the 
     intelligent transportation system program in cooperation with 
     State and local governments, the private sector, colleges and 
     universities, including historically black colleges an 
     universities and other majority institutions of higher 
     education.
     Conference substitute
       The Conference adopts the House provision with a 
     modification. The Federal laboratories are added to the list 
     of entities the Secretary is directed to consult with 
     carrying out this program.

                  Consultation with Federal Officials

     Senate amendment
       Paragraph 523(b)(1), 23 U.S.C., as proposed, requires the 
     Secretary to consult with heads of other interested Federal 
     departments and agencies.
     House bill
       Paragraph 653(2) directs the Secretary to consult with the 
     Secretary of Commerce, the Secretary of the Treasury, the 
     Administrator of the Environmental Protection Agency, the 
     Director of the National Science Foundation, and the heads of 
     other Federal departments and agencies.
     Conference substitute
       The Conference adopts the House provision.

[[Page H3926]]

            Technical Assistance, Training, and Information

     Senate amendment
       Subsection 524(a), U.S.C., as proposed, directs the 
     Secretary to carry out a comprehensive program of intelligent 
     transportation system research, development, operational 
     testing, technical assistance and training, and other related 
     activities.
     House bill
       Subsection 655(a) allows the Secretary to provide technical 
     assistance, training, and information to State and local 
     governments for intelligent transportation system projects.
     Conference substitute
       The Conference adopts the House provision.

                        Transportation Planning

     Senate amendment
       The Senate bill contains no comparable provision.
     House bill
       Subsection 655(b) allows the Secretary to use funds to 
     better integrate intelligent transportation systems into 
     State and metropolitan planning.
     Conference substitute

                       Information Clearinghouse

     Senate amendment
       Subsection 524(d), 23 U.S.C., as proposed, requires the 
     Secretary to maintain a repository for technical and safety 
     data collected through federally funded intelligent 
     transportation system projects. The Secretary may delegate 
     this responsibility to an entity outside of the Department of 
     Transportation.
     House bill
       Subsection 653(d) requires the Secretary to establish and 
     maintain a repository for technical and safety data collected 
     through federally funded intelligent transportation system 
     projects. The Secretary may delegate this responsibility to 
     an entity outside of the Department of Transportation.
     Conference substitute
       The Conference finds provisions in both the House and 
     Senate bills to be substantively equivalent.

                          Advisory Committees

     Senate amendment
       Section 532, 23 U.S.C., as proposed, requires the Secretary 
     to use one or more advisory committees, and specifies that 
     any advisory committee so used shall be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
     House bill
       Subsection 653(e) allows the Secretary to use advisory 
     committees when carrying out the intelligent transportation 
     systems program. This subsection also specifies that the 
     Federal Advisory Committee Act applies and that any advisory 
     committees on intelligent transportation systems shall be 
     funded through specific provisions in Appropriations Acts and 
     from funds allocated for research, development, and 
     implementation of the intelligent transportation systems 
     program.
     Conference substitute
       The Conference adopts the House provision with a 
     modification: the direction regarding funding for advisory 
     committees is dropped.

                          Procurement Methods

     Senate amendment
       Subsection 523(c), 23 U.S.C., as proposed, directs the 
     Secretary to develop technical assistance and guidance to 
     assist State and local agencies in selecting appropriate 
     methods of procurement for intelligent transportation system 
     projects, including innovative and nontraditional methods.
     House bill
       Subsection 653(h) directs the Secretary to develop 
     technical assistance and guidance to assist State and local 
     agencies in selecting appropriate methods of procurement for 
     intelligent transportation system projects, including 
     innovative and nontraditional methods. This subsection also 
     directs contracting officials to use a standard risk 
     assessment methodology to reduce the cost, schedule, and 
     performance risks associated the development and use of 
     intelligent transportation systems software.
     Conference substitute
       The Conference adopts the House provision with a 
     modification: Information Technology Omnibus Procurement is 
     listed as a type of innovative or nontraditional procurement 
     method addressed by this subsection.

                              Evaluations

     Senate amendment
       Subsection 524(c), 23 U.S.C., as proposed, directs the 
     Secretary to establish guidelines and requirements for the 
     evaluation of intelligent transportation systems operational 
     tests and deployment projects. These guidelines and 
     requirements are to ensure objectivity and independent of the 
     evaluator. This subsection also limits the percentage of test 
     or project funds which may be spent on evaluations and 
     specifies different percentages for projects and tests of 
     different sizes. This subsection also specifies that the 
     Paperwork Reduction Act, chapter 35 of title 44, U.S.C., 
     shall not apply to any survey, questionnaire, or interview 
     conducted in connection with the evaluation of any test or 
     project carried out under this program.
     House bill
       Subsection 653(d) directs the Secretary to issue guidelines 
     and requirements for the evaluation of intelligent 
     transportation systems operational tests. These guidelines 
     and requirements are to ensure objectivity and independence 
     of the evaluator. Operational tests need to be designed for 
     the collection of data and the preparation of reports to 
     permit objective evaluation of the success of the tests and 
     the derivation of cost-benefit information and life-cycle 
     costs that will be useful to others contemplating the 
     purchase of similar systems.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The Secretary is directed to issue, rather 
     than establish, the guidelines and requirements and the 
     funding limitation provisions are replaced with a requirement 
     that the guidelines and requirements issued under this 
     subsection also establish appropriate evaluation funding 
     levels. The exemption from the Paperwork Reduction Act is 
     retained.

                       National ITS Program Plan

     Senate amendment
       Paragraph 524(b)(5), 23 U.S.C., as proposed, requires the 
     Secretary to submit a 6-year plan to Congress within 1 year 
     of enactment and annually thereafter. This plan is to specify 
     program goals, objectives, and milestones and progress made 
     in meeting them.
     House bill
       Section 654 requires the Secretary to maintain and update a 
     National ITS Program Plan developed by the Department and the 
     Intelligent Transportation Society of America. This section 
     specifies the scope and required components of the plan 
     including program goals, objectives, and milestones and how 
     specific programs and projects relate to those goals over 5, 
     10, and 20-year time frames. The plan is also to provide for 
     the development of standards to promote interoperability and 
     establish a process for incorporating intelligent 
     transportation systems technologies into more broad-based 
     surface transportation systems. Reporting to Congress under 
     this section may be consolidated with the integrated Surface 
     Transportation Research and Development Strategic Plan.
     Conference substitute
       The Conference adopts the House provision with several 
     modifications. The goals, objectives and milestones cadre to 
     be established for both research and deployment of 
     intelligent transportation systems and consideration of a 20-
     year time frame for these goals is not required. The plan is 
     to identify activities relevant to the development of 
     standards, including actions that will lead to the 
     establishment of critical standards. The substitute requires 
     that principal findings made in carrying out the plan be 
     transmitted and updated as part of the Integrated Surface 
     Transportation Research and Development Strategic Plan.

                  National Architecture and Standards

     Senate amendment
       Section 529, 23 U.S.C., as proposed, requires the Secretary 
     to develop, implement, and maintain a national architecture 
     to guide nationwide deployment of intelligent transportation 
     systems and to set standards and protocols to promote the 
     widespread use of these technologies and to ensure 
     interoperability. The Secretary is authorized to use 
     standards-setting organizations in carrying out section. The 
     section requires the Secretary to identify critical standards 
     needed to ensure interoperability on a nationwide basis. If 
     one of these critical standards is not adopted by January 1, 
     2001, the Secretary is required to establish a provisional 
     standard, but a provisional standard would only remain in 
     effect until the appropriate standards-setting organization 
     adopted and published a standard concerning the same subject 
     matter. In addition, the Secretary may waive this requirement 
     as long as a report on the reasons for the waiver and impacts 
     of a delay in setting a particular standard is submitted to 
     Congress. For each standard subject to a waiver, the 
     Secretary is required to submit a progress report to Congress 
     every six months. This section also prohibits the use of 
     funds made available from the Highway Trust Fund on 
     intelligent transportation system technology if the 
     technology does not comply with each relevant provisional and 
     completed standard, but exception is made for intelligent 
     transportation systems deployments already in place. Finally, 
     this section directs the Secretary of Commerce and the 
     Federal Communications Commission to allocate spectrum for 
     the near-term establishment of a dedicated short-range 
     vehicle-to-wayside wireless standard and any other spectrum 
     critically needed for the intelligent transportation systems 
     program.
     House bill
       Subsection 653(b) requires the Secretary to develop, 
     implement, and maintain of a national architecture to guide 
     nationwide deployment of intelligent transportation systems 
     and to set standards and protocols to promote the widespread 
     use of these technologies and to ensure interoperability. The 
     Secretary is authorized to use standards-setting 
     organizations in carrying out this subsection. This 
     subsection directs the Secretary of Transportation, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Defense, and the Federal Communications Commission, to take 
     all necessary steps to secure spectrum for the near-term 
     establishment of a dedicated short-range vehicle to wayside 
     wireless standard.

[[Page H3927]]

     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. In establishing the national architecture 
     along with the standards and protocols, the Secretary is to 
     comply with section 12(d) of the National Technology Transfer 
     and Advancement Act of 1995 (15 U.S.C. 272 note; 11 Stat. 
     783). This provision requires all Federal agencies and 
     departments to use technical standards that are developed 
     or adopted by voluntary consensus standards bodies, unless 
     to do so would be inconsistent with applicable law or 
     otherwise impractical. It is clarified that the report 
     identifying critical standards and their stage of 
     development is to be submitted to the Committee on 
     Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Science of the House of Representatives. The 
     Secretary is authorized to establish provisional standards 
     if such action is necessary to ensure progress in 
     achieving the purposes identified in this section for 
     establishing a national architecture and standards and the 
     Secretary is required to adopt a provisional standard if a 
     standard identified as critical is not set by January 1, 
     2001. But, the Secretary may waive this requirement upon 
     finding that additional time would be productively used or 
     establishment of a provisional standard would be counter-
     productive. Provisional standards are to be published and 
     will remain in effect until applicable standards to 
     replace them are set by the appropriate standards 
     development organization. Waivers of the provisional 
     standard requirement and withdrawals of such waivers are 
     also to be published. The requirement that intelligent 
     transportation systems projects funded from the Highway 
     Trust Fund must conform to the national architecture and 
     applicable standards is retained. The exceptions for 
     operations and maintenance of intelligent transportation 
     systems projects already in existence is retained as is 
     the exception, at the discretion of the Secretary, for the 
     upgrade or expansion of such projects. Another exception 
     for projects designed to achieve specific research 
     objectives, at the discretion of the Secretary, is added. 
     The Federal Communications Commission is directed to 
     consider, in consultation with the Secretary of 
     Transportation, the spectrum needs of intelligent 
     transportation systems and is required to complete a 
     rulemaking considering the allocation of spectrum for 
     intelligent transportation systems by January 1, 2000.

                        Research and Development

     Senate amendment
       Section 524, 23 U.S.C., as proposed, requires the Secretary 
     to undertake comprehensive research, development, testing, 
     and technical assistance to carry out the purposes of the 
     intelligent transportation systems programs. This research 
     and development is to advance development of an integrated 
     intelligent vehicle program and an integrated intelligent 
     infrastructure program to advance roadway safety and 
     efficiency systems, mobility and the quality of the 
     environment. This section requires activities to be 
     consistent with the national architecture and priorities 
     include crash avoidance and the integration of air bag 
     technology with other on-board safety systems. The federal 
     share for these projects is 80 percent, but the Secretary 
     apply a federal share of 100 percent to high-risk projects. 
     Subsection (f) includes limitations on the amounts of funding 
     that may be used for research activities that improve crash 
     avoidance and the integration of airbags and other on-board 
     safety systems, advance development of an automated highway 
     system, and activities that improve traffic management.
     House bill
       Subsection 655(c) authorizes the Secretary to fund research 
     and operational tests regarding intelligent transportation 
     systems technology. Subsection 655(d) allows the Secretary to 
     use funds to conduct research and demonstrations of 
     integrated vehicle and roadway safety systems, including 
     infrastructure-based, in-vehicle, and integrated collision 
     avoidance systems. The section includes research on advanced 
     traffic management technologies, including the use of fiber 
     optic cables and video, to monitor and control traffic flow 
     and volume; research on magnetics and advanced materials; 
     fundamental research on the science of the driving process 
     and other human factors to complement the applied research 
     efforts of the industry in this area; and research on the 
     impact of cold weather climates on ITS in areas such as 
     traction enhancement while on ice and snow, braking, and 
     visibility enhancement both of intersections and sign.
     Conference substitute
       The Conference adopts a blend incorporating aspects of both 
     the House and Senate provisions. This section requires the 
     Secretary to carry out a comprehensive program of intelligent 
     transportation systems research, development, and operation 
     tests and demonstrations of intelligent vehicles and 
     infrastructure systems. The list of priorities includes 
     traffic management, incident management, crash-avoidance and 
     integration of in-vehicle crash protection technologies, 
     human factors research, integration of intelligent vehicles 
     and infrastructure, and research on the impact of the 
     environment on intelligent transportation systems. 
     Operational tests are to be designed for the collection of 
     data allowing for objective evaluation of the test results. 
     The Federal share of operational tests and demonstrations is 
     not to exceed 80 percent.

         Intelligent Transportation System Integration Program

     Senate amendment
       Section 525, 23 U.S.C., as proposed, directs the Secretary 
     to conduct a comprehensive program to accelerate the 
     integration and interoperability of intelligent 
     transportation systems in metropolitan areas by funding 
     deployment projects that illustrate the benefits of 
     intelligent transportation systems technologies. This section 
     includes a list of priorities the Secretary is to consider in 
     selecting projects. The Secretary is required to encourage 
     private sector involvement through public-private 
     partnerships and other innovative financial arrangements. In 
     addition, funding recipients are required to submit multi-
     year financing and operations plans describing how the 
     project can be cost-effectively operated and maintained.
       Section 526, 23 U.S.C., directs the Secretary to conduct a 
     comprehensive program to accelerate the integration and 
     inteoperability of intelligent transportation systems in 
     rural areas by funding deployment projects that illustrate 
     the benefits of intelligent transportation systems 
     technologies. This section includes a list of priorities the 
     Secretary is to consider in selecting projects. The Secretary 
     is required to encourage private sector involvement through 
     public-private partnerships and other innovative financial 
     arrangements. In addition, funding recipients are required to 
     submit multi-year financing and operations plans describing 
     how the project can be cost-effectively operated and 
     maintained.
     House bill
       Section 656 establishes the intelligent transportation 
     system deployment program and describes its purposes, with 
     the primary purpose being to integrate existing intelligent 
     transportation systems components to ensure they work as 
     systems. This section also sets goals for the deployment 
     program including acceleration of standard-setting processes, 
     and lists the specific requirements a project must meet to be 
     eligible for funding. This section also requires that at 
     least 25 percent of funds made available to carry out this 
     section be used for commercial vehicle intelligent 
     transportation systems projects and that not less than 10 
     percent be used for projects outside of metropolitan areas. 
     In addition, this section sets limits on how much funding can 
     be spent on certain types of projects.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The substitute consolidates sections 525 and 
     526, 23 U.S.C., as proposed, from the Senate bill and directs 
     the Secretary to conduct a comprehensive program to 
     accelerate the integration and interoperability of 
     intelligent transportation systems in metropolitan and rural 
     areas by funding deployment projects that illustrate the 
     benefits of intelligent transportation systems technologies. 
     The substitute also includes a list of priorities, based on 
     both the House and Senate bills, that the Secretary is to 
     consider in selecting projects, including any contribution to 
     national program plan goals, demonstration of a cooperation 
     among different agencies, jurisdictions, and the private 
     sector, encouragement of private sector involvement, 
     inclusion in approved state or metropolitan plans, and 
     assurance of continued, long-term operations and maintenance 
     without continued reliance on Federal funding. The substitute 
     requires that funds for projects in metropolitan areas be 
     used primarily for integration purposes, whereas in rural 
     areas, funds may be used for installation of intelligent 
     transportation systems infrastructure. In addition, the 
     substitute includes the House provision requiring that not 
     less than 10 percent be used for projects in rural areas. The 
     Federal share of projects payable from funds made available 
     under this section is set at 50 percent, but the total 
     Federal share payable from all eligible sources (including 
     this section) may not exceed 80 percent.

  Commercial Vehicle Intelligent Transportation System Infrastructure 
                               Deployment

     Senate amendment
       Section 527, 23 U.S.C., as proposed, establishes a program 
     to deploy intelligent transportation systems that improve the 
     safety and productivity of commercial motor vehicles and 
     drivers and that reduce administrative costs associated with 
     commercial vehicle operations. This section focuses on 
     improving the safety of commercial vehicles operations by 
     funding activities that, for example, assist in the 
     identification of unsafe carriers, vehicles, and drivers and 
     that advance on-board driver and vehicle-safety monitoring 
     systems. Other priorities include improving the electronic 
     processing of registration, licensing, inspection, tax and 
     crash data, the exchange of this information among the 
     States, and the effectiveness and efficiency of enforcement 
     efforts.
     House bill
       Section 656 establishes the intelligent transportation 
     system deployment program and describes its purposes, with 
     the primary purpose being to integrate existing intelligent 
     transportation systems components to ensure they work as 
     systems. This section also sets goals for the deployment 
     program including acceleration of standard-setting processes, 
     and lists the specific requirements a project must meet to be 
     eligible for funding. This section also requires that at 
     least 25 percent of funds made available to carry

[[Page H3928]]

     out this section be used for commercial vehicle intelligent 
     transportation systems projects and that not less than 10 
     percent be used for projects outside of metropolitan areas. 
     In addition, this section sets limits on how much funding can 
     be spent on certain types of projects.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications. The substitute establishes a deployment 
     program to promote intelligent transportation systems that 
     improve the safety and productivity of commercial vehicles 
     and drivers and that reduce administrative costs. The 
     program's purpose is to advance the technological capability 
     and deployment of intelligent transportation systems 
     applications to commercial vehicle operations, including 
     commercial vehicle information systems and networks (CVISN). 
     This section also includes a list of priorities the Secretary 
     is to consider in selecting projects, including the extent to 
     which a project encourages multistate cooperation, improves 
     safety, increases regulatory efficiency, advances electronic 
     processing of data, and promotes the exchange of information 
     among States. In addition, the substitute directs that 
     Federal funds should be used for activities that are not 
     being carried out with private funds. The Federal share of 
     projects payable from funds made available under this section 
     is set at 50 percent, but the total Federal share payable 
     from all eligible sources (including this section) may not 
     exceed 80 percent.

                     Authorizations and Limitations

                     Outreach and Public Relations

     Senate amendment
       Subsection 530(d), 23 U.S.C., as proposed, limits the 
     amount of funding available for outreach, public relations, 
     training, mainstreaming, shareholder relations, or related 
     activities.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The conference report adopts the Senate provision with 
     modifications. The limitation on funds is reduced to 
     $5,000,000 per year, and this limitation applies specifically 
     only to outreach, public relations, displays, scholarships, 
     tours, and brochures and the substitute provision specifies 
     that this limitation does not apply to intelligent 
     transportation systems training, the publication or 
     distribution of research finding, technical guidance, or 
     similar documents.

                       Infrastructure Development

     Senate amendment
       Subsection 530(c), 23 U.S.C., as proposed, prohibits the 
     use of intelligent transportation system funds for the 
     construction of highway or transit infrastructure unless the 
     construction is incidental and critically necessary to the 
     implementation of an intelligent transportation system 
     project.
     House bill
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.

       Life Cycle Cost Analysis and Financing and Operations Plan

     Senate amendment
       Subsections 525(d) and 526(d), 23 U.S.C., as proposed, 
     recipients funding for projects under the intelligent 
     transportation systems integration program and the 
     integration program for rural areas are required to submit 
     multi-year financing and operations plans describing how each 
     project can be cost-effectively operated and maintained.
     House bill
       Subsection 653(g) requires life-cycle cost analyses of 
     intelligent transportation systems projects costing over $3 
     million.
     Conference substitute
       The Conference adopts a provision combining the House and 
     Senate provisions. The substitute requires applicants for 
     funds under the intelligent transportation systems 
     integration program and the commercial vehicle intelligent 
     transportation system infrastructure deployment programs to 
     submit life-cycle cost analyses of intelligent transportation 
     systems projects costing over $3 million and, for every 
     project, multiyear financing and operations plans describing 
     how the project will be cost-effectively operated and 
     maintained.

                              Definitions

     Senate amendment
       Section 522, 23 U.S.C., as proposed, defines the following 
     terms for purposes of this subchapter: commercial vehicle 
     information systems and networks, commercial vehicle 
     operations, completed standard, corridor, intelligent 
     transportation system, national architecture, provisional 
     standard, and standard.
     House bill
       Section 651 defines the following terms for purposes of 
     this subtitle: intelligent transportation systems (ITS), 
     intelligent transportation infrastructure, Secretary, and 
     State.
     Conference substitute
       The Conference adopts both the Senate and House provisions 
     with following modifications. Definitions for the terms 
     ``completed standard'' and ``provisional standards'' in 
     the Senate bill are not adopted and the definition for the 
     term ``Secretary'' in the House bill is not adopted. The 
     definition for the term ``intelligent transportation 
     system'' is substantively equivalent in both bills and is 
     adopted.

                                 Repeal

     Senate amendment
       Section 2104 repeals the intelligent transportation systems 
     programs that were established under the Intermodal Surface 
     Transportation Efficiency Act (ISTEA) as they are superseded 
     by the new programs in this [subtitle/subchapter]
     House bill
       Subsection 658 repeals the intelligent transportation 
     systems programs that were established under the Intermodal 
     Surface Transportation Efficiency Act (ISTEA) as they are 
     superseded by the new programs in this [subtitle/subchapter].
     Conference substitute
       The Conference finds the provisions in both the House and 
     Senate to be substantively equivalent.

                            Project Funding

     House bill
       Sec. 632(b)(5) requires the Secretary to carry out a 
     transportation technology innovation and demonstration 
     program concerning the use of hazardous materials monitoring 
     systems. The Secretary is required to conduct research on 
     applying methods of deploying and integrating ITS or 
     hazardous materials monitoring systems across various modes 
     of transportation. The provision makes available for each of 
     the fiscal years 1998 through 2003 $1.5 million per fiscal 
     year.
     Senate amendment
       No comparable provision.
     Conference substitute
       The Conference adopts the House provision.
       In conducting the research provided for in Section 5212(a), 
     the Secretary should award funds to develop and deploy a 
     fully integrated and unique Hazardous Materials Incident 
     Management System designed to facilitate emergency response 
     to hazardous materials incidents and safer, more efficient 
     movement of hazardous materials across various modes of 
     transportation.
       Specifically, the funds authorized in this section are 
     intended for further development and use of the Cargo Mate 
     cargo identification and monitoring system, which provides 
     for interoperability with existing fleet communications and 
     management systems, real-time vehicle container, pallet cargo 
     identification, location and monitoring. The integrated and 
     consolidated Hazardous Materials Incident Management System 
     should then be incorporated into current and future Traffic 
     Management Centers to support safe movement of hazardous 
     materials throughout the intermodal process.
       In developing this system, consideration should be given to 
     additional technologies, including advanced information 
     processing technologies, which support emergency response, 
     law enforcement, and regulatory resources.
     House bill

            TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS

       No provisions comparable.
     Sec. 4101 to 4104 of the Senate Amendment
       The Conferees note that in March 1998, the National 
     Research Council's Committee on Research Priorities for 
     Airborne Particulate Matter issued the first in a series of 
     reports on research priorities relevant to settling 
     particulate matter standards. This report addresses a number 
     of issues, including whether the monitoring network necessary 
     to implement the new National Ambient Air Quality Standard 
     fine particulate (PM2.5) is designed to
       (1) support relevant health effects, exposure, and 
     atmospheric-modeling research efforts;
       (2) use the appropriate number of continuous (hourly) 
     monitors to determine the time of day and exposure of people 
     who are commuting, working, or exercising outdoors; and
       (3) use sufficient chemical characterization of particulate 
     matter to enable testing of more specific indicators than 
     PM2.5 mass alone.
       The Conferees urge the Administrator to consider the 
     recommendations contained in the Committee's March 1998 
     report. The Conferees further urge the Administrator to 
     ensure, as appropriate, that the plans for the national 
     monitoring network necessary to implement the National 
     Ambient Air Quality Standard for PM2.5 is peer-reviewed by 
     the Clean Air Scientific Advisory Committee at an early date 
     while the opportunity still exists for such review to 
     influence the monitoring network design and operations.
       The Conferees are aware that certain nonattainment areas in 
     Western Pennsylvania have experienced difficulty in meeting 
     the one-hour, 0.12 part per million standard for ozone 
     because of pollution which did not originate in the 
     nonattainment area. The Conferees urge EPA to continue its 
     efforts to avoid ``bumping up'' nonattainment areas in 
     Pennsylvania to a higher nonattainment status or ozone.
       The Conferees recognize that the Regional Haze regulation 
     has not been finalized and the Administrator of the 
     Environmental Protection Agency (EPA) is still considering 
     the views of various stakeholders. The Conferees agree with 
     EPA's public statements that the schedule for the State 
     Implementation Plan due pursuant to section 169B(e)(2)

[[Page H3929]]

     of the Clean Airport Act should be harmonized with the 
     Schedule for State Implementation Plan submissions required 
     for PM2.5. ambient air quality standard promulgated in July, 
     1997.
     Conference substitute
       Adopts the Senate provison.

                        TITLE VII--MISCELLANEOUS

             Subtitle A--Automobile Safety and Information

          Automatic Crash Protection Unbelted Testing Standard

     House bill
       The House bill contains no similar provision.
     Senate amendment
       Section 1407 of the Senate amendment ensures that the 
     current testing standard for air bags is designed to ensure 
     the optimal protection and safety for all occupants, 
     including infants, children, and other occupants.
     Conference report
       The conference report does not include the provision.

                        Improving Air Bag Safety

     House bill

             The House bill contains no similar provision.

     Senate amendment
       Section 1407 of the Senate bill directs the Secretary of 
     Transportation to undertake rulemaking to improve the 
     protection afforded vehicle occupants by Motor Vehicle Safety 
     Standard No. 208. The purpose of the rulemaking would be to 
     improve the efficiency and protection accorded by occupant 
     protection devices while attempting to minimize any potential 
     risk associated with air bags to infants, children, and other 
     occupants. During the development of a rule to improve the 
     safety of air bags, the barrier test using unbelted 50th 
     percentile adult male dummies would be suspended. The 
     Secretary would be required to begin the rulemaking by June 
     1, 1998, and to issue a final rule by June 1, 1999, with a 
     one-year extension permitted upon the Secretary's advising 
     Congress of the need for an extension. The rule would require 
     such tests as the Secretary determines to be reasonable, 
     practicable, and appropriate, including tests using dummies 
     of different sizes.
       The requirements of the new standard would become effective 
     in phases, beginning between September 1, 2001 and September 
     1, 2002, and concluding not later than September 1, 2005, 
     with discretion given the Secretary for a one-year extension. 
     Any extension would require a joint resolution of Congress. 
     The Secretary would be required to report to Congress within 
     six months of enactment on the development of technology to 
     improve the protection given by air bags and to reduce the 
     risks from air bags, including information on the performance 
     characteristics of advanced air bags, their estimated cost, 
     their estimated benefits, and the time within which they 
     could be installed in production vehicles.
     Conference report
       The conferees agree to include a new subtitle addressing 
     automobile safety and information issues. In addition to 
     addressing the Senate bill's provisions regarding air bags, 
     the subtitle also includes many of the provisions contained 
     in H.R. 2691, the National Highway Traffic Safety 
     Administration Reauthorization Act of 1998, which passed the 
     House on April 21, 1998, by voice vote.
       Section 7101 establishes the short title for the subtitle, 
     the ``National Highway Traffic Safety Administration 
     Reauthorization Act of 1998.''
       Section 7102 authorizes funds for those NHTSA's automobile 
     safety and information programs. For Fiscal Years 1999 
     through 2001, the legislation authorizes $81.2 million each 
     year for motor vehicle safety activities, and $6.2 million 
     for motor vehicle information activities. These amounts are 
     equivalent to the Administration's budget request.
       Section 7103 contains provisions intended to improve air 
     bag safety. Subsection (a) directs the Secretary to issue a 
     notice of proposed rulemaking by September 1, 1998 to improve 
     occupant protection for occupants of different sizes, belted 
     and unbelted, under Federal Motor Vehicle Safety Standard 
     (FMVSS) No. 208 while minimizing the risk to infants, 
     children, and other occupants from any risks associated with 
     air bags, by means that include advanced air bags. The 
     Secretary is required to issue a final rule no later than 
     September 1, 1999, unless the Secretary determines that the 
     final rule cannot be completed by that date, in which case 
     the Secretary must promulgate the final rule no later than 
     March 1, 2000. The final rule must be consistent with both 
     the requirements of this section and 49 U.S.C. Sec. 30111, 
     which specifies the requirements for motor vehicle safety 
     standards. The Conferees note that air bags do not substitute 
     for lap and shoulder belts and all occupants should always 
     wear lap and shoulder belts regardless of whether there is an 
     inflatable restraint in the vehicle.
       The Secretary is directed to make the final rule effective 
     in phases as rapidly as practicable beginning not earlier 
     than September 1, 2002 or at least 30 months after the date 
     on which the Secretary promulgates the final rule, but in any 
     case, not later than September 1, 2003. The rule is to be 
     fully effective for all passenger motor vehicles, 
     multipurpose passenger vehicles, and other vehicles 
     identified in 49 U.S.C. Sec. 30127(b) manufactured on or 
     after September 1, 2005. If the Secretary issues the final 
     rule on September 1, 2003, the date for full compliance may 
     be extended to September 1, 2006. The availability of the 
     current sled test certification option available under FMVSS 
     208 (S13) remains in effect unless and until phased out 
     according to the schedule in the final rule. The Secretary is 
     also directed to include in the notice of proposed rulemaking 
     means by which manufacturers may earn credits for early 
     compliance with the final standard issued by the Secretary.
       Subsection (b) provides that any government advisory 
     committee, task force, or other entity include 
     representatives of consumer and safety organizations, 
     insurers, manufacturers, and suppliers.
       Section 7104 prohibits the use of funds appropriated to 
     NHTSA for the purpose of urging a State or local legislator 
     to favor or oppose the adoption of any specific legislative 
     proposal pending before any State or local legislature. 
     Subsection (b) clarifies that officers or employees of the 
     United States are not prohibited from testifying before any 
     state or local legislature in response to the invitation of a 
     member of such body or a State executive office. The 
     provision is not intended to prohibit the Agency from 
     informing State or local legislators about the prudence of a 
     particular policy choice, but rather is intended to limit the 
     Agency's ability to lobby a particular piece of legislation 
     before a State or local legislature. Thus, under this 
     provision, NHTSA could continue to testify before any State 
     or local legislative body and inform State and local 
     officials about the merits of a particular course of action. 
     A NHTSA official could even appear before a committee of a 
     State legislature to testify that NHTSA believes that 
     enactment of primary enforcement seat belt laws results in 
     fewer highway fatalities. NHTSA could, in fact, testify that 
     it favors general efforts to enact primary enforcement seat 
     belt laws and opposes general efforts to repeal such laws. 
     However, a NHTSA official could not, through the use of 
     government resources, ask an individual State or local 
     legislator, or any group of State or local legislators, to 
     vote act on a particular pending measure.
       Subsection 7105(a) is intended to eliminate the need for 
     two odometer disclosures in certain transactions involving 
     rental car companies, dealers, and automobile manufacturers 
     by exempting the transfer of new motor vehicles from a 
     manufacturer jointly to a dealer and a rental car company. 
     Subsection (b) responds to several recent Federal District 
     Court decisions holding the NHTSA does not have authority to 
     exempt vehicles from the odometer disclosure requirements, 
     even when the purchasers of such vehicles rely on service 
     records rather than odometers to indicate wear and tear, such 
     as in the care of heavy trucks. This subsection specifically 
     grants NHTSA such authority.
       Section 7106 makes several miscellaneous changes to title 
     49, United States Code, with respect to NHTSA's authorizing 
     statutes. These changes in subsections (a) through (c) 
     were requested by the Administration. Subsection (a) 
     closes a loophole which allows auto parts stores and 
     retailers to continue to sell defective equipment even 
     though motor vehicle dealers would be prohibited from 
     selling the same item. This provision includes retailers 
     of motor vehicle equipment in the prohibition on selling 
     defective items of equipment.
       Subsection (b) amends 49 U.S.C. 30123 (``Tires''), to 
     repeal subsections (a) (``Labeling Requirement''), (b) 
     (``Contents of Label''), and (c) (``Additional 
     Information''). Under section 30123(a), the Secretary must 
     require manufacturers of pneumatic tires to ``permanently and 
     conspicuously'' label their tires with specified information 
     under section 30123(b) about the construction of the tires 
     and the identity of the manufacturer. Section 30123(c) gives 
     the Secretary discretionary authority to require that 
     additional safety information be disclosed to a purchaser 
     when a tire is sold.
       Subsection (c) amends 49 U.S.C. 30127(g) to increase the 
     reporting interval on the effectiveness of occupant restraint 
     systems from every six months to annually. The Administration 
     expressed concern that the six-month interval was too short a 
     time frame in which to provide meaningful data to Congress.
       Subsection (d) amends the American Automobile Labeling Act 
     (49 U.S.C. Sec. 30204) to make certain changes in the 
     labeling requirement and the domestic content calculations. 
     Subparagraph (1)(A) provides that the labor value of engine 
     and transmission production is also included in the engine 
     and transmission origin determination and subparagraph (1)(B) 
     codifies certain regulations which permit labor costs of 
     parts manufactured at the same location as final vehicle 
     assembly to be included in the vehicle's overall content 
     calculation, provided it does not occur during vehicle 
     assembly. Subparagraph (1)(C) institutes a tiered system for 
     accounting for the domestic content of parts manufactured by 
     outside suppliers. Under this subparagraph, supplies would 
     report content to the nearest five percent. For instance, 38 
     percent would be reported to the manufacturer as 40 percent, 
     rather than zero as under current law.
       Paragraph (2) permits vehicle manufacturers to voluntarily 
     add a line to the label stating the country in which vehicle 
     final assembly took place. Paragraph (3) permits 
     manufacturers, on a voluntary basis, to separately display 
     the domestic content of a particular vehicle, based on its 
     assembly plant.

[[Page H3930]]

     This information must be reported in addition to the carline 
     average percentage. Paragraph (4) codifies existing 
     regulations permitting manufacturers to estimate, based upon 
     best available information, the content of no more than 10 
     percent of the vehicle's parts, when suppliers fail to report 
     such information. Paragraph (5) permits manufacturers to 
     default the value of certain small parts, such as nuts, 
     bolts, clips, screws, and pins, to the country of 
     manufacture.
       Subsection (e) directs NHTSA to conduct a study of the 
     benefits to motor vehicle drivers of a regulation to require 
     the installation of a device in the trunk compartment to 
     release the trunk lid.
       Section 7107 reinstates NHTSA's authority to exempt certain 
     motor vehicles imported for the purpose of show or display 
     from certain applicable motor vehicle safety standards. Such 
     authority was unintentionally deleted when title 49, United 
     States Code was recodified in 1988.

                               Subtitle B


                       Sec. 7201. High Speed Rail

     House bill
       Subsection (a) of Section 901 authorizes $10 million in 
     each of fiscal years 1998 through 2001 for high speed rail 
     corridor planning activities and $25 million in each of 
     fiscal years 1998 through 2001 for high speed rail research 
     and development under the Swift Rail Development Act of 1994. 
     Subsection (b) defines high speed rail to include maglev 
     systems.
     Senate amendment
       No comparable provision
     Conference substitute
       Adopts the House provision. The conferees also reaffirm the 
     intention of the Swift Rail Development Act, that planning 
     for improvements to rail infrastructure that would provide 
     incremental speed increases toward achieving speeds of 125 
     mph or more are fully eligible for federal assistance under 
     the conditions specified in the Act. Efforts to plan for 
     near-term improvements that would achieve substantial speed 
     increases, although not necessarily to a true high speed 
     level of 125 mph, fall in this category.


           Sec. 7202. Light Density Rail Line Pilot Projects

     House bill
       Section 902 authorizes $25 million for each of fiscal years 
     1998 through 2003 for grants to states to fund pilot projects 
     for making capital improvements to publicly and privately 
     owned rail line structures on light-density rail lines. The 
     purpose of the pilot projects is to demonstrate the 
     relationship of light density railroad service to the 
     statutory responsibilities of the Secretary of 
     Transportation, including those under Title 23.
     Senate amendment
       Sec. 3701 is identical to the House provision, except 
     funding is authorized at $10 million for each of fiscal years 
     1998 through 2003, instead of $25 million.
     Conference substitute
       Retains the authorization structure of both the House and 
     Senate provisions, but provides for funding at a level of 
     $17.5 million per fiscal year.


      Sec. 7203. Railroad Rehabilitation and Improvement Financing

     House bill
       Section 906(a) modifies the existing railroad 
     infrastructure loan program contained in Title V of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 821 et seq.) to bring the program in line with the 
     Credit Reform Act of 1990. Projects eligible for loan 
     assistance under the program would include acquisition, 
     improvement or rehabilitation of intermodal or rail equipment 
     and facilities, refinancing of debt incurred for the 
     aforementioned purposes, and development or establishment of 
     new intermodal or railroad facilities. Operating expenses 
     would not be eligible for loan assistance. Subsection (a) 
     also limits the aggregate unpaid principal amounts of 
     obligations under direct loans and loan guarantees to $5 
     billion at any one time. One billion dollars of this five 
     billion is to be reserved solely for projects primarily 
     benefiting freight railroads other than Class I carriers. In 
     addition, subsection (a) allows the Secretary of 
     Transportation to accept credit risk premiums from non-
     Federal sources to support loans and loan guarantees made 
     under this section.
       Subsection (b) makes technical and conforming changes and 
     includes a savings provision requiring that transactions 
     entered into under Title V of the Regulatory Reform Act of 
     1976 before the date of enactment of BESTEA shall be 
     administered until completion under its terms prior to the 
     amendments made by BESTEA.
     Senate amendment
       No comparable provision.
     Conference substitute
       Adopts the structure of the House provision, but with 
     revisions to the statement of priorities in section 7202(c), 
     technical changes to conform to the 1997 amendments to the 
     Credit Reform Act, and with the total authorization for face 
     amounts of loans in subsection (d) limited to no more than 
     $3.5 billion.


                       Sec. 7204. Alaska Railroad

     House bill
       Section 904(a) provides that the Secretary may make grants 
     to the Alaska Railroad for capital rehabilitation and 
     improvement to its passenger service.
       Subsection (b) authorizes $5,250,000 to be appropriated for 
     such purposes for each of fiscal years 1998 through 2003.
     Senate amendment
       No comparable provision.
     Conference substitute
       Adopts the House provision.


                  Miami-Orlando-Tampa Corridor Project

     House bill
       Section 903 authorizes a general fund grant of $200 million 
     to be made available to the Florida Department of 
     Transportation to reimburse the Florida Overland Express 
     (FOX) project in the Miami-Orlando-Tampa corridor for capital 
     costs of that project.
       The state of Florida is planning a high-speed rail system 
     in the Miami-Orlando-Tampa corridor that calls for a 320-mile 
     system that would operate on dedicated tracks with no rail/
     highway crossings. Operating speeds would be over 185 miles 
     per hour.
     Senate amendment
       No comparable provision.
     Conference substitute
       No provision.


     Railway Highway Crossing Hazard Elimination in High Speed Rail

     House bill
       Section 905 authorizes $5,250,000 for each of fiscal years 
     1998 through 2003 to carry out section 104(d)(2) of title 23.
     Senate amendment
       Sec. 1402 authorizes $15,000,000 for each of fiscal years 
     1998 through 2003 for hazard elimination in high-speed rail 
     corridors.
     Conference substitute
       No provision. Funding for grade crossing assistance is 
     addressed in the non-rail titles of the legislation.
     House bill
       No provision.
     Senate amendment
       Section 3506 amends section 20901(a) of Title 49 to require 
     railroads to file periodic reports with the Secretary on all 
     accidents and incidents resulting in injury or death of an 
     individual, or damage to equipment. Eliminates current 
     requirement that reports be notarized and allows the 
     Administrator to require reports less frequently than 
     monthly.
     Conference substitute
       No provision. The conferees contemplate addressing these 
     issues in the pending reauthorization of the rail safety 
     programs of the Federal Railroad Administration.
     House bill
       No provision.
     Senate amendment
       Included at the Administration's request, sections 3501 
     through 3504 impose penalties for willful sabotage of or 
     interference with railroad equipment, infrastructure or 
     personnel. Also imposes penalties on anyone who knowingly 
     possesses or causes to be present any firearm or other 
     dangerous weapon on board a passenger train.
     Conference substitute
       No provision.

            Subtitle C--Comprehensive One-call Notification

     House bill
       No provision.
     Senate amendment
       Section 3301 contains several findings that unintentional 
     damage to underground facilities during excavation is a 
     significant cause of disruptions; that excavation performed 
     without prior notification or with inaccurate marking causes 
     damage that can result in fatalities; and, that protection of 
     the public and the environment from the consequences of 
     underground facility damage will be enhanced by a coordinated 
     national effort to improve one-call notification programs.
       Section 3302 establishes a new chapter, which would be 
     chapter 61, in Subtitle III of title 49, United States Code. 
     The purposes of chapter 61, as set forth in 6101, are to 
     enhance public safety; protect the environment; minimize 
     risks to excavators; and prevent disruption of vital public 
     services by improving one-call notification programs.
       The new section 6102 defines a one-call notification system 
     as a system operated by an organization that has as one of 
     its purposes the receipt of notification from excavators of 
     their intent to excavate in a specified area and the 
     notification of underground facility operators so that they 
     can locate and mark their lines in the area scheduled for 
     excavation. The definition includes statutes, regulations, 
     orders, and other elements of law and policy in effect that 
     establish one-call notification system operation requirements 
     within a State.
       The new section 6103 also outlines minimum components that 
     one-call notification programs should cover, including the 
     appropriate participation by all underground facility 
     operators, all excavators, and flexible and effective 
     enforcement mechanisms governing participation in, and use 
     of, one-call notification systems. In making a determination 
     on the appropriate extent of participation required by 
     underground facilities or excavators, the section requires a 
     State to assess, and take into consideration, the risks to 
     public safety, excavators, the environment, and vital 
     services posed by underground facility damage and the actions 
     of excavators.
       The new section 6103 would further provide that a state 
     could allow voluntary participation in one-call notification 
     systems when it

[[Page H3931]]

     determines that certain types of underground facilities or 
     excavation activities pose a de minimis risk to public safety 
     or the environment. The section requires one-call 
     notification programs to include administrative or civil 
     penalties commensurate with the seriousness of a violation, 
     increased penalties for parties that repeatedly damage 
     underground facilities because they neglect to use one-call 
     notification systems or fail to provide timely and accurate 
     marking of underground facilities. The section allows states 
     to reduce or waive penalties when underground facility damage 
     is promptly reported.
       The new section 6104 establishes a two-year program whereby 
     states could apply for grants upon a showing that the state's 
     one-call notification program meets the minimum standards 
     outlined in the bill. The section further provides that a 
     state providing for greater protection than the minimum 
     standards criteria established in the legislation would also 
     be eligible to receive grants. The new section 6104 would 
     also require the Secretary to include, three years after the 
     enactment of this legislation, additional information on one-
     call notification programs in the biennial report on gas and 
     hazardous liquids.
       The new section 6105 requires the Secretary of 
     Transportation to initiate a study of the best practices 
     employed by one-call notification systems in operation in the 
     States. If a study is undertaken, the Secretary is required 
     to report on the best practices identified and encourage 
     their adoption in the States. The Secretary is authorized to 
     suspend with the report if the Secretary determines that the 
     information is already readily accessible.
       The new section 6106 would authorize the Secretary to make 
     grants to improve one-call notification systems, and should 
     take into account the commitment of each state in improving 
     its program, in awarding grants. The provision also 
     authorizes a state to convey its funds directly to any one-
     call notification system that adopts the best practices 
     established under 6105. The new section neither opens nor 
     closes the door to having one or more one-call system. Most 
     states have a single one-call system, but several have more 
     than one, this determination will remain a state's choice.
       The new section 6107 would authorize up to $1,000,000 and 
     $5,000,000 in fiscal years 2000 and 2001 out of general 
     revenue funds.
       Section 3302 also made conforming changes to the table of 
     chapters for subtitle III, and certain conforming changes to 
     the existing one-call notification systems language of 49 
     United States Code 60114.
     Conference substitute
       The Conference adopts the Senate provisions with 
     modifications. The Conference stresses that untimely marking 
     of underground facilities, as well as the findings contained 
     in the Senate provision, also cause underground facility 
     damage.
       The Conference also clarifies that compliance with the 
     minimum standards outlined in sections 6103 and 6104 would 
     only be required when applying for a grant under the new 
     section 6106. The Conference also modifies the Senate 
     language to require the Secretary to encourage states to 
     adopt the most successful practices of one-call notification 
     systems as determined the most appropriate by each state. The 
     Conference also modifies language in the newly added section 
     6108 to clarify that nothing in the new chapter 61 preempts 
     any existing state law, or would require a state to modify or 
     revise existing one-call notification systems. The Conference 
     also retains 49 U.S.C. 60114.

              Subtitle D--Sportfishing and Boating Safety

     House bill
       Title VIII of H.R. 2400, contains amendments related to the 
     Coast Guard's Recreational Boating Safety Program. Section 
     801 of H.R. 2400 provides that title VIII of H.R. 2400 may be 
     cited as the ``Recreational Boating Safety Improvement Act of 
     1998.''
       Section 802 of H.R. 2400 contains amendments to chapter 131 
     of title 46, United States Code, regarding the recreational 
     boating safety state grant program administered by the Coast 
     Guard. Section 802(a) of this title amends section 13106(a) 
     of title 46, United States Code, to allow the Secretary of 
     Transportation to expend each fiscal year the total amount 
     transferred to the Boat Safety Account under section 
     9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9503(c)(4)) for State recreational boating safety programs. 
     Under amendments contained in section 1104(a)(2) of H.R. 
     2400, the amount transferred to the Boat Safety Account is 
     equivalent to one-half of the total amount received as 
     motorboat fuel taxes during the preceding fiscal year. 
     Section 802(a) of this bill also amends section 13106(c) of 
     title 46 to establish two additional boating safety purposes 
     for which funds are made available to the Secretary from 
     amounts transferred to the Boat Safety Account. These 
     additional purposes are: (1) up to two percent is available 
     to the Secretary for compliance with chapter 43 of title 46, 
     relating to safety standards for recreational vessels and 
     associated equipment; and (2) up to three percent is 
     available to the Secretary to establish, operate, and 
     maintain aids to navigation that promote recreational boating 
     safety.
       Section 802(b) amends section 13103(c) of title 46 to 
     require the Secretary of Transportation to conduct and report 
     to Congress the findings of a comprehensive survey of 
     recreational boating in the United States, by not later than 
     December 1 of 1999, and of every fifth year thereafter. To 
     conduct this survey, the Secretary may not use over 50 
     percent of the amounts allocated for national boating safety 
     activities of national nonprofit public service organizations 
     under this subsection for the fiscal year in which the survey 
     is conducted.
       Subsection (c) of section 802 of this title amends section 
     13106 of title 46 by adding a requirement for the Secretary 
     of Transportation to make available in each fiscal year five 
     percent of the amount appropriated for State boating safety 
     programs that is in excess of $35 million for public access 
     facilities for transient nontrailerable recreational vessels.
       Section 802(d) of this title establishes an effective date 
     for this section of October 1, 1998.
     Senate amendment
       Subtitle F of S. 1173 contains amendments to the Sport Fish 
     Restoration Program administered by the Secretary of Interior 
     (Secretary) through the Fish and Wildlife Service, and the 
     Recreational Boating Safety Program administered by the 
     Secretary of Transportation through the Coast Guard.
       Section 3601 states that amendments in the Act that are 
     expressed in terms of an amendment to or a repeal of 
     provisions of the ``1950 Act'' shall be considered to be made 
     to provisions 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 
     on August 9, 1950 (16 U.S.C. 777 et seq.).
       Section 3602 establishes a new boating and fishing outreach 
     and communications initiative. Subsection (a) of this section 
     amends section 2 of the 1950 Act (16 U.S.C. 777a) to make 
     technical changes and to establish definitions for the terms 
     ``outreach and communications program'' and ``aquatic 
     resource education program''. Subsection (b) amends section 4 
     of the 1950 Act (16 U.S.C. 777c) to provide funding for a 
     National Outreach and Communications Program beginning in 
     fiscal year (FY) 1999 through FY 2003. Funding for this 
     program is allocated from the Sport Fish Restoration Account 
     of the Aquatic Resources Trust Fund. In FY 1999 the program 
     receives $5 million, with the amount increasing to $10 
     million in FY 2003. Subsection (b) also authorizes the 
     Secretary to use for this program up to $2.5 million annually 
     from the funds available for administration. In addition, 
     this subsection prohibits the Secretary from using funds 
     available for administration to replace funding traditionally 
     provided through general appropriations. Furthermore, the 
     Secretary is required to publish annually in the Federal 
     Register a detailed accounting of the projects and programs 
     that receive administrative funds.
       Section 3602(c) amends section 8 of the 1950 Act (16 U.S.C. 
     777g) to change the percentage of State funding required to 
     be used to enhance boating access from 12.5 percent to 15 
     percent and to change the percentage of State funding allowed 
     to be used for aquatic resource education and outreach and 
     communications from 10 percent to 15 percent. This subsection 
     also adds new provisions to section 8 that: (1) require the 
     Secretary, in cooperation with the Sport Fishing and Boating 
     Partnership Council, to develop and implement a national plan 
     for outreach and communications within one year of enactment 
     of the bill; (2) require that the plan provide for the 
     establishment of a national outreach and communications 
     program; (3) authorize the Secretary to provide funding to 
     make grants to the States or private entities for the cost of 
     carrying out outreach or communications programs under the 
     plan; and (4) require the States to develop plans for 
     outreach and communications programs within one year of the 
     completion of the national plan.
       Section 3603 makes changes to the Clean Vessel Act of 1992 
     (P.L. 102-587, title V, subtitle F). Specifically, this 
     section amends section 4(b) of the 1950 Act (16 U.S.C. 
     777c(b)) to provide annually in FY 1999 through FY 2003 
     funding totaling $84 million, reduced by 82 percent of the 
     amount appropriated for boat safety from the Boat Safety 
     Account. These funds are allocated as follows: (1) $10 
     million for vessel pumpout facilities under section 5604 of 
     the Clean Vessel Act (33 U.S.C. 1322 note); (2) $10 million 
     for a new boating infrastructure program established under 
     section 3604 of this subtitle; and (3) the remainder for 
     State recreational boating safety programs under section 
     13106 of title 46, U.S. Code. This section ensures that 
     States receive between $59 million and $72 million annually 
     for State boating safety programs.
       Section 3604 establishes a program to improve boating 
     infrastructure. Subsection (a) states that the purpose of 
     this section is to provide funds to the States for the 
     development and maintenance of public facilities for 
     transient nontrailerable recreational vessels. Subsection (b) 
     amends section 8 of the 1950 Act (16 U.S.C. 777g) to require 
     the Secretary, in consultation with the States, to develop a 
     national framework that can be sued by the States to conduct 
     surveys to determine their boat access needs. Each State 
     agreeing to conduct a public boat access needs survey would 
     be required to report its findings to the Secretary within 18 
     months for use in the development of a comprehensive national 
     assessment of recreational boat access needs and facilities.
       Section 3604(c) allows a State, within 6 months of 
     submitting a public boat access

[[Page H3932]]

     needs survey to the Secretary, to submit to the Secretary 
     plans for the construction, renovation, and maintenance of 
     public facilities for transient nontrailerable recreational 
     vessels. Subsection (d) directs the Secretary to make grants 
     to the States for constructing, renovating, or maintaining 
     public facilities for transient nontrailerable recreational 
     vessels, and establishes priorities for such grants, 
     including projects proposed in accordance with a State plan 
     under subsection(c). Grants made to State under this 
     subsection may not exceed 75 percent of the cost incurred by 
     the State for these projects. Subsection (e) defines the 
     terms ``nontrailerable recreational vessel'' and ``public 
     facilities for transient nontrailerable recreational 
     vessels.''
       Section 3605 makes changes to the Recreational Boating 
     Safety Program administered by the U.S. Coast Guard. 
     Subsection (a) of this section amends section 13104(a) of 
     title 46, U.S. Code, to reduce the amount of time that States 
     have to obligate funds received under the Recreational 
     Boating Safety Program from 3 years to 2 years. Subsection 
     (b) amends section 13106 of title 46, U.S. Code, to specify 
     that an amount equal to the sum of (1) appropriations from 
     the Boat Safety Account and (2) transfers to the Secretary of 
     Transportation under the Clean Vessel Act (as amended by 
     section 3603 of this bill) will be available annually for the 
     Recreational Boating Safety Program. Of this amount, $5 
     million is provided to the Coast Guard annually for expenses 
     related to the coordination and administration of the 
     program. Subsection (c) makes conforming amendments to 
     section 13106 of title 46, U.S. Code.
     Conference substitute
       The conference substitute adopts the Senate amendment, with 
     technical and other changes described as follows:
       Section 7401 of the conference substitute provides that 
     subtitle D of title VI of this Act may be cited as the 
     ``Sportfishing and Boating Safety Act of 1998.''
       Section 7403 eliminates the requirement that the Secretary 
     use $10 million in FY 1999 for qualified boating 
     infrastructure projects under section 7404(d) of the 
     conference substitute, and makes these funds available in FY 
     1999 for the Sport Fish Restoration Program. This section 
     also reduces the amount available for these projects in FY 
     2000 through 2003 from $10 million annually to $8 million, 
     and makes the $2 million differential available for the Sport 
     fish Restoration Program.
       Section 7404 of the conference substitute clarifies that 
     grants for facilities for transient nontrailerable 
     recreational vessels under this section may be available for 
     either publicly or privately owned facilities provided that 
     the facilities are available to the general public, as 
     determined by the Secretary. The conferees intend that, in 
     making this determination, the Secretary should develop 
     guidelines which, among other things, establish reasonable 
     costs to ensure that such facilities are available to the 
     general public.
       Section 7405(b) of the conference substitute provides that, 
     of the $5 million available annually for Coast Guard 
     administration, $2 million will be used by the Secretary of 
     Transportation annually to ensure compliance with chapter 43 
     of title 46, U.S. Code. This funding will enable the Coast 
     Guard to improve boating safety by more vigorously enforcing 
     existing provisions designed to prevent boating defects.

                             REVENUE TITLE

                I. Highway-Related Taxes and Trust Fund


         A. Extension and Modification of Highway-Related Taxes

     1. Highway-related taxes and exemptions
     Present Law
       Tax rates
       Highway Trust Fund excise taxes are imposed on gasoline, 
     diesel fuel, kerosene, special motor fuels, on heavy truck 
     and tire sales, and on the use of heavy trucks. The Highway 
     Trust Fund tax rates are scheduled to expire after September 
     30, 1999, except for 4.3 cents per gallon of the motor fuels 
     excise tax (which is permanent).
       The current Highway Trust Fund excise tax rates are as 
     follows:

------------------------------------------------------------------------
                   Item                              Tax rate 1
------------------------------------------------------------------------
Motor fuels:
    Gasoline..............................  18.3
    Diesel and kerosene...................  24.3
    Special motor fuels generally.........  18.3 2
    Compressed natural gas (``CNG'')......  4.3 3
Retail sales of heavy highway vehicles....  12% of retail price
Heavy truck tires.........................  Graduated tax on tires
                                             weighing more than 40 lbs.
Annual highway vehicle use................  Graduated tax on vehicles of
                                             55,000 lbs. or more
------------------------------------------------------------------------
\1\ Motor fuel tax rates include the permanent 4.3 cents-per-gallon
  fuels tax; the rates do not include the 0.1-cent-per-gallon tax on
  motor fuels for the Leaking Underground Storage Tank Trust Fund.
\2\ The rate is 13.6 cents per gallon for propane, 11.9 cents per gallon
  for liquified natural gas (``LNG'), and 11.3 cents per gallon for
  methanol fuel from natural gas, each based on the relative energy
  equivalence of the fuel to gasoline.
\3\ The statutory rate is 48.54 cents per thousand cubic feet (``MCF').

     Motor fuels exemptions
       Present law provides exemptions (including partial 
     exemptions for specified uses of taxable fuels or for 
     specified fuels) for governments or for certain uses not 
     involving use of the highway system (such as farming).
       LNG, propane, CNG, and methanol derived from natural gas 
     are subject to reduced tax rates based on the energy 
     equivalence of these fuels to gasoline.
       Ethanol and methanol derived from renewable sources (e.g., 
     biomass) are eligible for income tax benefits (the ``alcohol 
     fuels credit'') equal to 54 cents per gallon for ethanol and 
     60 cents per gallon for methanol. The alcohol fuels credit is 
     scheduled to expire after December 31, 2000, or earlier if 
     the Highway Trust Fund taxes actually expire before that 
     time. In addition, small ethanol producers are eligible for a 
     separate 10-cents-per-gallon tax credit. The 54-cents-per-
     gallon ethanol and 60-cents-per-gallon renewable-source 
     methanol tax credits may be claimed through reduced excise 
     taxes paid on gasoline and special motor fuels as well as 
     through income tax credits. The authority to claim the 
     ethanol and renewable-source methanol tax benefits through 
     excise tax reductions is scheduled to expire after September 
     30, 2000, or earlier if the Highway Trust Fund taxes actually 
     expire before then.
     House Bill
       Tax rates
       The House bill extends the Highway Trust Fund excise taxes, 
     other than the heavy truck tire tax, through September 30, 
     2005. The tire tax is extended through September 30, 2000, 
     and then is repealed.
       Motor fuels tax exemptions and alcohol fuels credits
       The House bill extends the current motor fuels tax 
     exemptions generally for the period concurrent with the 
     extension period for the taxes, except that the present-law 
     expirations for the ethanol and renewable-source methanol 
     exemptions (and income tax credits) are retained.
       Effective date
       Date of enactment.
     Senate Amendment
       Tax rates
       The Senate amendment extends all Highway Trust Fund excise 
     taxes through September 30, 2005.
       Motor fuel exemptions and alcohol fuels credits
       The Senate amendment is the same as the House bill with 
     respect to the extension of the general motor fuels tax 
     exemptions. The Senate amendment extends the ethanol and 
     renewable-source methanol tax provisions through September 
     30, 2007 (excise tax reduction) and December 31, 2007 (income 
     tax credit), respectively. Further, the Senate amendment 
     reduces the ethanol benefit from 54 cents per gallon to 53 
     cents per gallon for 2001-2002, 52 cents per gallon for 2003-
     2004, and 51 cents per gallon for 2005-2007.
       Effective date
       Date of enactment.
     Conference agreement
       Tax rates
       The conference agreement follows the Senate amendment.
       Motor fuel exemptions and alcohol fuels credits
       The conference agreement follows the Senate amendment.
       Effective date
       Date of enactment.
     2. Motor fuels tax refund procedure

     Present law
       Gasoline and diesel fuel excise tax refunds are 
     administered separately, subject to separate quarterly 
     minimum filing thresholds. For gasoline, the minimum refund 
     claim is $1,000 in the calendar quarter to which the claim 
     relates. Certain diesel fuel claims are subject to this same 
     standard; certain other diesel and aviation fuel claims may 
     be filed in any of the first three calendar quarters in which 
     the aggregate year-to-date refund equals $750. Fourth quarter 
     refunds must be claimed as income tax credits regardless of 
     amount.
     House Bill
       The House bill combines refund procedures for all taxable 
     motor fuels, allowing aggregation of quarterly amounts and 
     filing of refund claims once a single $750 minimum amount is 
     reached (determined on a year-to-year basis rather than an 
     individual quarter basis). Fourth quarter refund claims are 
     allowed under the same rules as applicable to the first three 
     quarters.
       Effective date
       Claims filed after September 30, 1998.
     Senate amendment
       No provision.
     Conference agreement
       The conference agreement follows the House bill.
     3. Requirement that motor fuels terminals offer dyed fuel
     Present law
       Diesel fuel and kerosene (after June 30, 1998) are taxed on 
     removal from a registered terminal facility unless the fuel 
     is destined for a nontaxable use and is indelibly dyed. After 
     June 30, 1998, terminals must offer dyed fuel as a condition 
     of being allowed to store untaxed fuel.
     House bill
       The House bill delays the effective date of the requirement 
     that terminals offer dyed fuel for two years, to July 1, 
     2000.
       Effective date
       Date of enactment.
     Senate amendment
       The Senate amendment is the same as in the House bill.

[[Page H3933]]

     Conference agreement
       The conference agreement follows the House bill and the 
     Senate amendment.


                    B. Highway Trust Fund Provisions

     Present law
       Transfers of revenues to Highway Trust Fund
       Gross receipts from current highway excise taxes are 
     dedicated to the Highway Trust Fund for taxes imposed through 
     September 30, 1999, and received in the Treasury before July 
     1, 2000, under provisions of section 9503 of the Internal 
     Revenue Code (the ``Code').
       Interest on Highway Trust Fund balances; unspent balances
       The Highway Trust Fund earns interest on cash balances each 
     year from investments in Treasury securities (sec. 9602). 
     Cash balances remain in the Highway Trust Fund until 
     expended.
       Highway Trust Fund expenditure authority
       The Code authorizes expenditures (subject to appropriations 
     Acts) from the Highway Trust Fund through September 30, 1998, 
     for purposes provided in authorizing legislation, as in 
     effect on the date of enactment of Public Law 105-130. No 
     Highway Trust Fund monies may be spent for a purpose not 
     approved as of the last updating of the Code reference to the 
     most recent authorizing legislation changes.
       The Highway Trust Fund is divided into two Accounts: a 
     Highway Account and a Mass Transit Account, each of which is 
     the funding source for specific transportation programs. The 
     Highway Account receives revenues from all non-fuel highway-
     related excise taxes plus revenues from all but 2.85 cents 
     per gallon 4 of the highway motor fuels excise 
     taxes. The Mass Transit Account currently receives the 2.85 
     cents per gallon from the highway motor fuels excise 
     taxes.5
---------------------------------------------------------------------------
     \4\ A technical correction (to 2.86 cents per gallon) is 
     included in this revenue title (H.R. 2400), and also in Title 
     VI of H.R. 2676 as passed by the House and the Senate.
     \5\ Ibid.
---------------------------------------------------------------------------
       Highway Trust Fund anti-deficit provisions
       Highway Trust Fund spending is limited by two anti-deficit 
     provisions, which are internal to each of the Accounts. The 
     first limits the unfunded Highway Account authorizations at 
     the end of any fiscal year to amounts not exceeding the 
     unobligated balance plus revenues projected to be collected 
     for that Account by the dedicated excise taxes during the 
     following two fiscal years. The second provision similarly 
     limits unfunded Mass Transit Account authorizations to the 
     dedicated excise tax revenues projected to be collected 
     during the next fiscal year. If either of these provisions is 
     violated, spending for programs funded by the respective 
     Accounts is to be reduced proportionately, similar to a 
     Budget Act sequester.
       1997 transfer of 4.3-cents-per-gallon tax revenues not for 
           direct spending
       The Taxpayer Relief Act of 1997 (the ``1997 Act'') 
     transferred revenues from the additional 4.3-cents-per-gallon 
     highway fuels taxes to the Highway Trust Fund, effective on 
     October 1, 1997. The 1997 Act provided that those revenues 
     could not be used to increase direct spending under the 1991 
     authorizing legislation.
     House bill
       Transfers of revenues to Highway Trust Fund
       The House bill transfers the gross receipts from current 
     highway excise taxes (as modified by the House bill repeal of 
     the heavy truck tire excise tax on October 1, 2000) through 
     September 30, 2005. Consistent with present law, pre-October 
     1, 2005 amounts received after September 30, 1999 with 
     respect to highway excise tax liabilities will continue to be 
     transferred to the Highway Trust Fund through June 30, 2006.
       Interest on Highway Trust Fund balances; unspent balances
       Under the House bill, the Highway Trust Fund earns no 
     further interest on its cash balances after September 30, 
     1998.
       The House bill cancels certain ``excess'' Highway Trust 
     Fund's Highway Account balance (the amount in excess of $8 
     billion) on October 1, 1998.
       Highway Trust Fund expenditure authority
       The House bill extends the Highway Trust Fund expenditure 
     authority through September 30, 2003, and updates the 
     expenditure purposes for the Highway and Mass Transit 
     Accounts to the purposes as included in the current House 
     bill authorizing legislation (H.R. 2400).
       Provisions are incorporated into the Highway Trust Fund 
     specifying that expenditures from the Highway Trust Fund may 
     occur only as provided in the Internal Revenue Code. The 
     House bill clarifies that the expenditure authority 
     expiration date does not preclude disbursements to liquidate 
     contracts which are validly entered into before the 
     expiration date. Expenditures for contracts entered into or 
     for amounts otherwise obligated after an expiration date (or 
     for other non-contract authority purposes under non-Code 
     provisions) are not to be permitted, notwithstanding the 
     subsequently enacted authorization or appropriations 
     legislation. If any such subsequent legislation authorizes 
     such expenditures, or such expenditures occur by 
     administrative action in the contravention of the Code 
     restrictions, excise tax revenues otherwise to be deposited 
     in the Highway Trust Fund are to be retained in the 
     General Fund beginning on the date of such unauthorized 
     action.
       Highway Trust Fund anti-deficit provisions
       The House bill conforms the one-year anti-deficit rule in 
     the Mass Transit Account to the two-year rule in the Highway 
     Account.
     Highway Trust Fund technical corrections
       The House bill includes two technical corrections to the 
     1997 Act relating to the Highway Trust Fund excise tax 
     revenues:
       (1) Excise tax revenues attributable to LNG, CNG, propane, 
     and methanol from natural gas are divided between the Highway 
     and Mass Transit Accounts in the same proportions as gasoline 
     tax revenues are divided between those two accounts; and
       (2) The amount of highway motor fuels tax revenues 
     transferred to the Mass Transit Account is corrected to 2.86 
     cents per gallon (rather than 2.85 cents per gallon as 
     erroneously provided in the 1997 Act).
       1997 transfer of 4.3-cents-per-gallon tax revenues
       The House bill deletes a provision of the 1997 Act 
     providing that the transfer of the additional 4.3 cents per 
     gallon in fuels tax revenues to the Highway Trust Fund and a 
     one- time adjustment to fuels tax deposit requirements do not 
     affect direct spending under the 1991 authorizing legislation 
     as ``deadwood.'
       Effective date
       Date of enactment.
     Senate amendment
       Transfers of revenues to Highway Trust Fund
       The Senate amendment is the same as the House bill, except 
     that the Senate amendment (as noted above) does not repeal 
     the tire tax.
       Interest on Highway Trust Fund balances; unspent balances
       No provision.
       Highway Trust Fund expenditure authority
       The Senate amendment is the same as the House bill with 
     respect to extending the Highway Trust fund expenditure 
     authority through September 30, 2003. The Senate amendment 
     updates the expenditure purposes for the Highway and Mass 
     Transit Accounts to the purposes as included in the current 
     Senate authorizing legislation (H.R. 2400 as amended by the 
     Senate).
       The Senate amendment also is the same as the House bill 
     with respect to specifying that expenditures from the Highway 
     Trust Fund may occur only as provided in the Internal Revenue 
     Code, and the clarification relating to liquidations of 
     contract authority.
       Highway Trust Fund anti-deficit provisions
       The Senate amendment is the same as the House bill.
       Highway Trust Fund technical corrections
       The Senate amendment is the same as the House bill.
       1997 transfer of 4.3 cents-per-gallon tax revenues
       The Senate amendment is the same as the House bill.
       Effective date
       Date of enactment.
     Conference agreement
       Transfers of revenues to Highway Trust Fund
       The conference agreement follows the Senate amendment.
       Interest on Highway Trust Fund balances; unspent balances
       The conference agreement follows the House bill, with a 
     modification deleting the cancellation of a portion of the 
     Mass Transit Account balance.
       Highway Trust Fund expenditure authority
       The conference agreement follows the House bill and the 
     Senate amendment by updating the Highway Trust Fund 
     expenditure purposes to include the purposes in the current 
     authorizing legislation (H.R. 2400) as enacted and as in 
     effect on the date of enactment.
       Highway Trust Fund anti-deficit provisions
       The conference agreement follows the House bill and the 
     Senate amendment.
       Highway Trust Fund technical corrections
       The conference agreement follows the House bill and the 
     Senate amendment.
       1997 transfer of 4.3-cents-per-gallon tax revenues
       The conference agreement follows the House bill and the 
     Senate amendment.
       Effective date
       Date of enactment.

                    II. OTHER TRUST FUND PROVISIONS


                    A. Aquatic Resources Trust Fund

     Present law
       Revenue transfers
       Gasoline and special motor fuels used in motorboats and 
     gasoline used in small engines are subject to excise tax in 
     the same manner and at the same rates as gasoline and special 
     motor fuels used in highway vehicles. Of the tax revenues 
     from motorboat and small-engine use, 6.8 cents per gallon is 
     retained in the General Fund; 11.5 cents per gallon is 
     transferred to the Aquatic Resources Trust Fund (``Aquatic 
     Fund'').
       Under present law, transfers of the motorboat fuels tax 
     revenues go to the Boat Safety Account of the Aquatic Fund 
     (up to $70 million per fiscal year).6 Of amounts 
     in excess of $70 million, $1 million per fiscal year goes to

[[Page H3934]]

     the Land and Water Conservation Fund (``Land and Water 
     Fund''), and the balance goes to the Sport Fish Restoration 
     Account of the Aquatic Fund. The authority to transfer 
     revenues to the Aquatic Fund and Land and Water Fund is 
     scheduled to expire after September 30, 1998.
---------------------------------------------------------------------------
     \6\ The unobligated balance in the Boat Safety Account is 
     limited to $70 million.
---------------------------------------------------------------------------
       Revenues from the 11.5-cents-per-gallon tax rate on 
     gasoline used in small engines is deposited in a Wetlands 
     sub-account in the Aquatic Fund for use in wetlands 
     conservation efforts.
       Expenditure authority
       Expenditures from the Boat Safety Account and the Land and 
     Water Fund are subject to appropriation Acts. The Sport Fish 
     Restoration Account has a permanent appropriation, and all 
     monies transferred to that Account are automatically 
     appropriated in the fiscal year following the fiscal year of 
     receipt.
       Under present law, expenditures are authorized from the 
     Boat Safety Account as follows:
       (1) One-half of the amount allocated to the Account are for 
     State boating safety programs; and
       (2) One-half of the amount allocated to the Account are for 
     operating expenses of the Coast Guard to defray the costs of 
     services provided for recreational boating safety.
     House bill
       Revenue transfers
       The House bill extends the transfer of 11.5 cents per 
     gallon of motorboat fuels tax revenues to the Boat Safety 
     Account of the Aquatic Fund and of small-engine gasoline tax 
     revenues to the Wetlands sub-account of the Aquatic Fund 
     through September 30, 2003. In addition, the 6.8-cents-per-
     gallon portion of the tax on motorboat fuels and small-engine 
     gasoline that currently is retained in the General Fund is 
     transferred to the Aquatic Fund. This provision is phased-in, 
     with the transfer to the Aquatic Fund of 3.4 cents per gallon 
     for the period October 1, 1999 through September 30, 2000, 
     and at 6.8 cents per gallon for the period October 1, 2000 
     through September 30, 2003.
       Transfers of motorboat fuels tax revenues to the Boat 
     Safety Account are changed to equal one-half of such revenues 
     each fiscal year, with a limit on the balance in that Account 
     equal to no more than one-half of the prior year's motorboat 
     fuels tax revenues.
       Effective date.
       October 1, 1998 for the transfer of the 11.5 cents-per-
     gallon rate to the Aquatic Fund, October 1, 1999 for the 
     transfer of the 3.4-cents-per-gallon rate, and October 1, 
     2000 for the transfer of the 6.8-cents-per-gallon rate.
       Expenditure authority
       Expenditure authority for the Boat Safety Account of the 
     Aquatic Fund is extended through September 30, 2003. The 
     expenditure purposes of the Aquatic Fund are conformed to 
     those in effect in the House bill as of the date of enactment 
     of H.R. 2400.
       Provisions identical to those described above under the 
     House bill for the Highway Trust Fund are incorporated into 
     the Aquatic Fund clarifying that expenditures from the 
     Aquatic Fund may occur only as provided in the Code.
       Effective date.
       October 1, 1998.
     Senate amendment
       Revenue transfers
       The Senate amendment extends the transfers of 11.5 cents 
     per gallon of motorboat fuels tax revenues to the Boat Safety 
     Account of the Aquatic Fund and of small-engine gasoline tax 
     revenues to the Wetlands sub-account of the Aquatic Fund 
     through September 30, 2003.
       Effective date.
       October 1, 1998.
       Expenditure authority
       The Senate amendment is the same as the House bill with 
     respect to the extension of the expenditure authority for the 
     Boat Safety Account through September 30, 2003. The 
     expenditure purposes of the Aquatic Fund are conformed to 
     those in effect in the Senate amendment as of the date of 
     enactment.
       The Senate amendment clarifying that expenditures from the 
     Aquatic Fund may occur only as provided in the Code is the 
     same as the House bill provision.
       Effective date.
       October 1, 1998.
     Conference agreement
       Revenue transfers
       The conference agreement follows the House bill and the 
     Senate amendment with respect to extension of transfers of 
     11.5 cents per gallon of motorboat fuels tax revenues to the 
     Boat Safety Account and Wetlands sub-Account of the Aquatic 
     Fund through September 30, 2003.
       The conference agreement follows the House bill in 
     transferring additional motorboat fuels tax and small-engine 
     gasoline revenues to the Aquatic Fund. The conference 
     agreement provides that an additional 1.5 cents per gallon of 
     taxes imposed during fiscal years 2002 and 2003, and an 
     additional 2 cents per gallon thereafter, will be transferred 
     to the Aquatic Fund.
       Effective date.
       October 1, 1998.
       Expenditure authority
       The conference agreement follows the House bill and the 
     Senate amendment with respect to the extension of the 
     expenditure authority for the Boat Safety Account through 
     September 30, 2003. The expenditure purposes of the Aquatic 
     Fund (including those of the Sport Fish Restoration Account) 
     are conformed to those purposes in effect in the authorizing 
     provisions of the bill as of the date of enactment.
       The conference agreement follows the House bill and the 
     Senate amendment with respect to the clarification that 
     expenditures from the Aquatic Fund may occur only as provided 
     in the Code.
       Effective date.
       October 1, 1998.


               B. National Recreational Trails Trust Fund

     Present law
       The National Recreational Trails Trust fund (``Trails 
     Fund'') was established in the Intermodal Surface 
     Transportation Efficiency Act of 1991 (``1991 Act'). Revenues 
     from 11.5 cents per gallon of motor fuels taxes from fuel 
     used in nonhighway recreational vehicles 7 are 
     authorized to be transferred from the Highway Trust Fund to 
     the Trails Fund through September 30, 1998. Transfers to the 
     Trails Fund are contingent on appropriations occurring from 
     the Trails Fund. To date, no such appropriations have been 
     enacted; thus, no actual transfers of revenues have been made 
     to the Trails Fund.
---------------------------------------------------------------------------
     \7\ Nonhighway recreational fuels taxes are taxes imposed on 
     (1) fuel used in vehicles and equipment on recreational 
     trails or back country terrain, or (2) fuel used in camp 
     stoves and other outdoor recreational equipment. Such 
     revenues do not include small-engine gasoline tax revenues, 
     which are transferred to the Aquatic Fund.
---------------------------------------------------------------------------
       Expenditures are authorized from the Trails Fund, subject 
     to appropriations,8 for allocations to States for 
     use on trails and trail-related projects as set forth in the 
     1991 Act. Authorized expenditure uses include (1) acquisition 
     of new trails and access areas, (2) maintenance and 
     restoration of existing trails, (3) State environmental 
     protection education programs, and (4) related program 
     administrative costs.
---------------------------------------------------------------------------
     \8\ If appropriations were enacted from the Trails Fund, 
     there is an obligational ceiling of $30 million per fiscal 
     year under the 1991 Act.
---------------------------------------------------------------------------
     House bill
       The House bill repeals the Trails Fund, and the transfers 
     of nonhighway recreational fuels taxes to the Trails Fund.
       Effective date.
       October 1, 1998.
     Senate amendment
       The Senate amendment is the same as the House bill.
     Conference agreement
       The conference agreement follows the House bill and the 
     Senate amendment. (Under authorizing provisions of the bill, 
     Highway Trust Fund expenditures are authorized for similar 
     purposes to those of the Trails Fund.)

                   III. ADDITIONAL REVENUE PROVISIONS


                        A. Rail Fuels Excise Tax

     Present law
       Diesel fuel and gasoline used in trains are subject to a 
     5.65-cents-per-gallon excise tax. Of this amount, 0.1 cent 
     per gallon is dedicated to the Leaking Underground Storage 
     Tank Trust Fund; this rate is scheduled to expire after March 
     31, 2005. The remaining 5.55 cents per gallon is a General 
     Fund tax, with 4.3 cents per gallon being permanently imposed 
     and 1.25 cents per gallon being imposed through September 30, 
     1999.
     House bill
       The 4.3-cents-per-gallon General Fund excise tax imposed on 
     fuel used in trains is repealed.
       Effective date.
       October 1, 2000.
     Senate amendment
       The Senate amendment repeals the 1.25-cents-per-gallon tax 
     on fuel used in trains.
       Effective date.
       March 1, 1999.
     Conference agreement
       The conference agreement follows the Senate amendment, 
     except for the effective date.
       Effective date.
       November 1, 1998.


                        B. Income Tax Provisions

     1. Tax-exempt financing of certain highway projects
     Present law
       Present law exempts interest on State or local government 
     bonds from the regular income tax if the proceeds of the 
     bonds are used to finance governmental activities of those 
     entities and the bonds are repaid with governmental revenues. 
     Interest on bonds issued by States or local governments 
     acting as conduits to provide financing for private persons 
     is taxable unless a specific exception is provided in the 
     Code. No such exception is provided for bonds issued to 
     provide conduit financing for privately constructed and/or 
     privately operated toll roads and similar highway 
     infrastructure projects.
     House bill
       No provision.
     Senate amendment
       The Senate amendment authorizes the construction of up to 
     15 highway infrastructure projects, such as toll roads 
     involving private business participation. These projects are 
     to be eligible for tax-exempt private activity

[[Page H3935]]

     bond financing. Bonds for these projects generally are to be 
     subject to all Code provisions governing issuance of tax-
     exempt private activity bonds except the annual State volume 
     limits (sec. 146). No proceeds of these bonds may be used to 
     finance the acquisition of land. In lieu of the State volume 
     limits, the aggregate amount of bonds that can be issued 
     under this pilot project is $15 billion (as allocated by the 
     Department of Transportation in consultation with the 
     Department of the Treasury).
     Conference agreement
       The conference agreement does not include the Senate 
     amendment.
     2. Tax treatment of parking and transit benefits
     Present law
       Under present law, qualified transportation fringe benefits 
     provided by an employer are excluded from an employee's gross 
     income. Qualified transportation fringe benefits include 
     parking, transit passes, and vanpool benefits. In addition, 
     in the case of employer-provided parking, no amount is 
     includible in income of an employee merely because the 
     employer offers the employee a choice between cash and 
     employer-provided parking. Transit passes and vanpool 
     benefits are only excludable if provided in addition to, and 
     not in lieu of, any compensation otherwise payable to an 
     employee. Under present law, up to $175 per month (for 1998) 
     of employer-provided parking and up to $65 per month (for 
     1998) of employer-provided transit and vanpool benefits are 
     excludable from gross income. These dollar amounts are 
     indexed for inflation.
     House bill
       No provision.
     Senate amendment
       The Senate amendment permits employers to offer employees 
     the option of electing cash compensation in lieu of any 
     qualified transportation benefit, or a combination of any of 
     such benefits. As under present law, qualified transportation 
     benefits include employer-provided transit passes, parking, 
     and vanpooling. Thus, under the Senate amendment, no amount 
     is includible in gross income or wages merely because the 
     employee is offered the choice of cash and one or more 
     qualified transportation benefits. The amount of cash offered 
     is includible in income and wages only to the extent the 
     employee elects cash.
       In addition, the Senate amendment increases the exclusion 
     for transit passes and vanpooling to $100 per month. The $100 
     amount is indexed as under present law.
       Further, the Senate amendment provides that there is no 
     indexing of any qualified transportation benefit in 1999.
       Effective date.
       The provision permitting a cash option for any 
     transportation benefit is effective for taxable years 
     beginning after December 31, 1997; the increase in the 
     exclusion for transit passes and vanpooling to $100 per month 
     is effective for taxable years beginning after December 31, 
     2001; and indexing on the $100 amount for transit passes and 
     vanpooling is effective for taxable years beginning after 
     December 31, 2002.
     Conference agreement
       The conference agreement follows the Senate amendment. 
     Thus, as under the Senate amendment, no amount is includible 
     in gross income or wages merely because the employee is 
     offered the choice of cash in lieu of one or more qualified 
     transportation benefits, or a combination of such benefits. 
     In addition, no amount is includible in income or wages 
     merely because the employee is offered a choice among 
     qualified transportation benefits.
       Effective date.
       The conference agreement follows the Senate amendment.
     3. Purposes for which Amtrak NOL monies may be used in non-
         Amtrak States
     Present law
       The 1997 Act provides elective procedures that allow Amtrak 
     to consider the tax attributes of its predecessors in the use 
     of its net operating losses. The election is conditioned on 
     Amtrak agreeing to make payments equal to one percent of the 
     amount it receives as a result of the election to each of the 
     non-Amtrak States. The non-Amtrak states are required to 
     spend these monies to finance qualified expenses. Qualified 
     expenses include the capital costs connected with the 
     provision of intercity passenger rail and bus service, the 
     purchase of intercity rail service from Amtrak, and the 
     payment of interest and principle on obligations incurred for 
     a qualified purpose. Any amounts not spent for qualified 
     purposes by 2010 must be returned to the Treasury.
     House bill
       No provision.
     Senate amendment
       The Senate amendment expands the list of qualified expenses 
     to include: (1) capital expenditures related to State-owned 
     rail operations in the State; (2) projects eligible to 
     receive funding under section 5309, 5310, or 5311 of Title 
     49; (3) projects that are eligible to receive funding under 
     section 130 or 152 of Title 23; (4) upgrading and maintenance 
     of intercity primary and rural air service facilities, 
     including the purchase of air service between primary and 
     rural airports and regional hubs; and (5) the provision of 
     passenger ferryboat service within the State.
       Effective date.
       The provision is effective as if included in the Taxpayer 
     Relief Act of 1997 (effective on August 5, 1997).
     Conference agreement
       The conference agreement follows the Senate amendment with 
     further additions to the list of qualified expenses. 
     Additional qualified purposes added by the conference 
     agreement include harbor improvements and certain highway 
     improvements that are eligible to receive funding under 
     section 103, 133, 144, and 149 of Title 23.
       Effective date.
       The conference agreement follows the Senate amendment.
     4. Tax treatment of certain Federal environmental grants
     Present law
       Certain Federal grants are excluded from income with 
     taxpayers receiving no basis in assets financed with the 
     grant monies. Other Federal grant programs result in income 
     exclusion when the grant is received, but taxpayers receive 
     basis in the grant-financed property.
     House bill
       No provision.
     Senate amendment
       The Senate amendment provides that, to the extent provided 
     under present law, grants under the authorizing provisions of 
     the Senate amendment relating to a Congestion Mitigation and 
     Air Quality (``CMAQ'') Program are not includible in taxable 
     income when received, and that no credit or other deduction 
     is allowed to taxpayers with respect to the property (or 
     other expenditures) financed directly or indirectly with the 
     CMAQ funds. The basis of such property is to be reduced by 
     the portion of the cost of the property that is attributable 
     to the CMAQ payment.
     Conference agreement
       The conference agreement does not include the Senate 
     amendment.

Limited Tax Benefits in the Revenue Title Subject to the Line Item Veto 
                                  Act

                              Present Law

       The Line Item Veto Act amended the Congressional Budget and 
     Impoundment Act of 1974 to grant the President the limited 
     authority to cancel specific dollar amounts of discretionary 
     budget authority, certain new direct spending, and limited 
     tax benefits. The Line Item Veto Act provides that the Joint 
     Committee on Taxation is required to examine any revenue or 
     reconciliation bill or joint resolution that amends the 
     Internal Revenue Code of 1986 prior to its filing by a 
     conference committee in order to determine whether or not the 
     bill or joint resolution contains any ``limited tax 
     benefits,'' and to provide a statement to the conference 
     committee that either (1) identifies each limited tax benefit 
     contained in the bill or resolution, or (2) states that the 
     bill or resolution contains no limited tax benefits. The 
     conferees determine whether or not to include the Joint 
     Committee on Taxation statement in the conference report. If 
     the conference report includes the information from the Joint 
     Committee on Taxation identifying provisions that are limited 
     tax benefits, then the President may cancel one or more of 
     those, but only those, provisions that have been identified. 
     If such a conference report contains a statement from the 
     Joint Committee on Taxation that none of the provisions in 
     the conference report are limited tax benefits, then the 
     President has no authority to cancel any of the specific tax 
     provisions, because there are no tax provisions that are 
     eligible for cancellation under the Line Item Veto Act.

                          Conference Statement

       The Joint Committee on Taxation has determined that the 
     revenue title to H.R. 2400 contains no provision involving 
     limited tax benefits within the meaning of the Line Item Veto 
     Act.

     Pursuant to the order of the House on April 1, 1998, the 
     Speaker appointed the following conferees for consideration 
     of the House bill (except title XI) and the Senate amendment 
     (except title VI), and modifications committed to conference:
     Bud Shuster,
     Thomas E. Petri,
     Sherwood L. Boehlert,
     Jay Kim,
     Stephen Horn,
     Tillie K. Fowler,
     Richard H. Baker,
     Robert W. Ney,
     Jack Metcalf,
     James L. Oberstar,
     Nick Rahall,
     Robert A. Borski,
     Robert E. Wise, Jr.,
     Jim Clyburn,
     Bob Filner,
       As additional conferees from the Committee on Commerce, for 
     consideration of provisions in the House bill and Senate 
     amendment relating to the Congestion Mitigation and Air 
     Quality Improvement Program; and sections 124, 125, 303, and 
     502 of the House bill; and sections 1407, 1601, 1602, 2103, 
     3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment 
     and modifications committed for conference:
     Tom Bliley,
     Michael Bilirakis,
     John D. Dingell,
       Provided that Mr. Tauzin is appointed in lieu of Mr. 
     Bilirakis for consideration of sections

[[Page H3936]]

     1407, 2103, and 3106 of the Senate amendment.
     Billy Tauzin,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of title XXI of the House bill and title VI 
     of the Senate amendment, and modifications committed to 
     conference:
     Jim Nussle,
     Kenny C. Hulshof,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of title XXI of the House bill and title VI 
     of the Senate amendment, and modifications committed to 
     conference:
     Charles B. Rangel,
                                Managers on the Part of the House.

     From the Committee on Environment and Public Works:
     John H. Chafee,
     John Warner,
     Bob Smith,
     Dirk Kempthorne,
     Jim Inhofe,
     Craig Thomas,
     Christopher S. Bond,
     Tim Hutchinson,
     Wayne Allard,
     Max Baucus,
     Daniel Patrick Moynihan,
     Harry Reid,
     Bob Graham,
     Joseph Lieberman,
     Barbara Boxer,
     From the Committee on Finance:
     William V. Roth, Jr.,
     Chuck Grassley,
     Orrin Hatch,
     John Breaux,
     Kent Conrad,
     From the Committee on Banking, Housing, and Urban Affairs:
     Alfonse D'Amato,
     Phil Gramm,
     Paul Sarbanes,
     Chris Dodd,
     From the Committee on Commerce, Science, and Transportation:
     Ernest Hollings,
     From the Committee on the Budget:
     Pete Domenici,
     Don Nickles,
     Patty Murray,
     Managers on the Part of the Senate.

                          ____________________