[House Report 105-467]
[From the U.S. Government Publishing Office]




105th Congress          HOUSE OF REPRESENTATIVES    Rept. 105-467
 2d Session                                             Part 1
_______________________________________________________________________

                                     



 
   BUILDING EFFICIENT SURFACE TRANSPORTATION AND EQUITY ACT OF 1998

                               ----------                              

                              R E P O R T

                                 of the

                      COMMITTEE ON TRANSPORTATION
                           AND INFRASTRUCTURE
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2400

                             together with

                     ADDITIONAL AND SEPARATE VIEWS




                 March 25, 1998.--Ordered to be printed




105th Congress          HOUSE OF REPRESENTATIVES         Rept. 105-467
  2d Session                                                  Part 1
_______________________________________________________________________

                                     




   BUILDING EFFICIENT SURFACE TRANSPORTATION AND EQUITY ACT OF 1998

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON TRANSPORTATION

                           AND INFRASTRUCTURE

                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2400

                             together with

                     ADDITIONAL AND SEPARATE VIEWS




                 March 25, 1998.--Ordered to be printed


                                                                       
105th Congress          HOUSE OF REPRESENTATIVES         Rept. 105-467
  2d Session                                                  Part 1
_______________________________________________________________________



    BUILDING EFFICIENT SURFACE TRANSPORTATION AND EQUITY ACT OF 1998

                         ______________________


                 March 25, 1998.--Ordered to be printed

                         ______________________


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND SEPARATE VIEWS

                        [To accompany H.R. 2400]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2400) to authorize funds for 
Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Building Efficient 
Surface Transportation and Equity Act of 1998''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.

                     TITLE I--FEDERAL-AID HIGHWAYS

Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Obligation ceiling.
Sec. 104. Apportionments.
Sec. 105. Interstate maintenance program.
Sec. 106. National Highway System.
Sec. 107. Highway bridge program.
Sec. 108. Surface transportation program.
Sec. 109. Congestion mitigation and air quality improvement program.
Sec. 110. High risk road safety improvement program.
Sec. 111. Minimum allocation.
Sec. 112. Appalachian Development Highway System.
Sec. 113. High cost Interstate System reconstruction and improvement 
program.
Sec. 114. Recreational trails program.
Sec. 115. National corridor planning and development program.
Sec. 116. Coordinated border infrastructure and safety program.
Sec. 117. Federal lands highways program.
Sec. 118. National scenic byways program.
Sec. 119. Variable pricing pilot program.
Sec. 120. Toll roads, bridges, and tunnels.
Sec. 121. Construction of ferry boats and ferry terminal facilities.
Sec. 122. Highway use tax evasion projects.
Sec. 123. Performance bonus program.
Sec. 124. Metropolitan planning.
Sec. 125. Statewide planning.
Sec. 126. Roadside safety technologies.
Sec. 127. Discretionary program authorizations.
Sec. 128. Woodrow Wilson Memorial Bridge.
Sec. 129. Training.
Sec. 130. Transportation assistance for Olympic cities.
Sec. 131. National Defense Highways.
Sec. 132. Miscellaneous surface transportation programs.
Sec. 133. Eligibility.
Sec. 134. Fiscal, administrative, and other amendments.
Sec. 135. Access of motorcycles.
Sec. 136. Amendments to prior surface transportation authorization 
laws.
Sec. 137. Bicycle transportation and pedestrian walkways.
Sec. 138. Hazard elimination program.
Sec. 139. Project administration.
Sec. 140. Contracting for engineering and design services.
Sec. 141. Commercial motor vehicle study.
Sec. 142. New York Avenue Transportation Development Authority.
Sec. 143. Definitions.

                        TITLE II--HIGHWAY SAFETY

Sec. 201. Amendments to title 23, United States Code.
Sec. 202. Highway safety programs.
Sec. 203. Highway safety research and development.
Sec. 204. Occupant protection incentive grants.
Sec. 205. Alcohol-impaired driving countermeasures.
Sec. 206. State highway safety data improvements.
Sec. 207. National Driver Register.
Sec. 208. Safety studies.
Sec. 209. Effectiveness of laws establishing maximum blood alcohol 
concentrations.
Sec. 210. Authorizations of appropriations.
Sec. 211. Transportation injury research.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 301. Amendments to title 49, United States Code.
Sec. 302. Definitions.
Sec. 303. Metropolitan planning.
Sec. 304. Transportation improvement program.
Sec. 305. Transportation management areas.
Sec. 306. Urbanized area formula grants.
Sec. 307. Mass Transit Account block grants.
Sec. 308. Capital program grants and loans.
Sec. 309. Dollar value of mobility improvements.
Sec. 310. Formula grants and loans for special needs of elderly 
individuals and individuals with disabilities.
Sec. 311. Formula program for other than urbanized areas.
Sec. 312. Research, development, demonstration, and training projects.
Sec. 313. National planning and research programs.
Sec. 314. National transit institute.
Sec. 315. University research institutes.
Sec. 316. Transportation centers.
Sec. 317. Bus testing facilities.
Sec. 318. Bicycle facilities.
Sec. 319. General provisions on assistance.
Sec. 320. Contract requirements.
Sec. 321. Special procurements.
Sec. 322. Project management oversight and review.
Sec. 323. Study on alcohol and controlled substances random testing 
rate calculation.
Sec. 324. Administrative procedures.
Sec. 325. Reports and audits.
Sec. 326. Apportionment of appropriations for formula grants.
Sec. 327. Apportionment of appropriations for fixed guideway 
modernization.
Sec. 328. Authorizations.
Sec. 329. Obligation ceiling.
Sec. 330. Access to jobs challenge grant pilot program.
Sec. 331. Adjustments for the Surface Transportation Extension Act of 
1997.
Sec. 332. Projects for new fixed guideway systems and extensions to 
existing systems.
Sec. 333. Projects for bus and bus-related facilities.
Sec. 334. Project management oversight.
Sec. 335. Privatization.
Sec. 336. School transportation safety.
Sec. 337. Urbanized area formula study.
Sec. 338. Coordinated transportation services.
Sec. 339. Final assembly of buses.

                     TITLE IV--MOTOR CARRIER SAFETY

Sec. 401. Amendments to title 49, United States Code.
Sec. 402. State grants.
Sec. 403. Information systems.
Sec. 404. Automobile transporter defined.
Sec. 405. Inspections and reports.
Sec. 406. Exemptions and pilot programs.
Sec. 407. Safety regulation.
Sec. 408. Improved interstate school bus safety.
Sec. 409. Repeal of certain obsolete miscellaneous authorities.
Sec. 410. Commercial vehicle operators.
Sec. 411. Interim border safety improvement program.
Sec. 412. Vehicle weight enforcement.
Sec. 413. Participation in international registration plan and 
international fuel tax agreement.
Sec. 414. Telephone hotline for reporting safety violations.
Sec. 415. Insulin treated diabetes mellitus.
Sec. 416. Performance-based CDL testing.
Sec. 417. Postaccident alcohol testing.
Sec. 418. Driver fatigue.
Sec. 419. Safety fitness.
Sec. 420. Hazardous materials transportation regulation and farm 
service vehicles.
Sec. 421. Truck trailer conspicuity.
Sec. 422. DOT implementation plan.

             TITLE V--PROGRAMMATIC REFORMS AND STREAMLINING

Sec. 501. Project approval and oversight.
Sec. 502. Environmental streamlining.
Sec. 503. Major investment study integration.
Sec. 504. Financial plan.
Sec. 505. Uniform transferability of Federal-aid highway funds.
Sec. 506. Discretionary grant selection criteria and process.
Sec. 507. Elimination of regional office responsibilities.
Sec. 508. Authority for Congress to make midcourse corrections to the 
highway and transit programs.

                   TITLE VI--TRANSPORTATION RESEARCH

Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Applicability of title 23.
Sec. 603. Transfers of funds.

 Subtitle A--Surface Transportation Research, Technology, and Education

                        Part I--Highway Research

Sec. 611. Research.
Sec. 612. State planning and research.
Sec. 613. International highway transportation outreach program.

     Part II--Transportation Education, Professional Training, and 
                         Technology Deployment

Sec. 621. National Highway Institute.
Sec. 622. National technology deployment initiative.
Sec. 623. Education and training programs.
Sec. 624. University transportation research.
Sec. 625. Funding allocations.

    Part III--Bureau of Transportation Statistics and Miscellaneous 
                                Programs

Sec. 631. Bureau of Transportation Statistics.
Sec. 632. Transportation technology innovation and demonstration 
program.

             Subtitle B--Intelligent Transportation Systems

Sec. 651. Definitions.
Sec. 652. Scope of program.
Sec. 653. General authorities and requirements.
Sec. 654. National ITS program plan.
Sec. 655. Technical assistance, planning, research, and operational 
tests.
Sec. 656. ITS deployment.
Sec. 657. Funding allocations.
Sec. 658. Global positioning satellite data.
Sec. 659. Repeal.

                     TITLE VII--TRUTH IN BUDGETING

Sec. 701. Budgetary treatment of Highway Trust Fund.
Sec. 702. Applicability.

            TITLE VIII--RECREATIONAL BOATING SAFETY PROGRAM

Sec. 801. Short title.
Sec. 802. Amendments relating to recreational boating safety program.

                          TITLE IX--RAILROADS

Sec. 901. High-speed rail.
Sec. 902. Light density rail line pilot projects.
Sec. 903. Miami-Orlando-Tampa corridor project.
Sec. 904. Alaska Railroad.
Sec. 905. Railway-highway crossing hazard elimination in high speed 
rail corridors.
Sec. 906. Railroad rehabilitation and improvement financing.

           TITLE X--CONDITIONS FOR IMPLEMENTATION OF FUNDING

Sec. 1001. Conditions for implementation of funding.

                           TITLE XI--REVENUES

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.

SEC. 3. SAVINGS CLAUSE.

  Except as otherwise provided in this Act, an amendment made by this 
Act shall not affect any funds apportioned or allocated before the date 
of the enactment of this Act.

                     TITLE I--FEDERAL-AID HIGHWAYS

SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

  Except as otherwise specifically provided, whenever in this title and 
title V 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 
23, United States Code.

SEC. 102. 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, $4,019,500,000 for fiscal year 1998, 
        $4,462,600,000 for fiscal year 1999, and $5,006,200,000 for 
        each of fiscal years 2000 through 2003.
          (2) National highway system.--For the National Highway System 
        under section 103 of such title $4,978,500,000 for fiscal year 
        1998, $5,520,500,000 for fiscal year 1999, and $6,186,500,000 
        for each of fiscal years 2000 through 2003.
          (3) Bridge program.--For the bridge program under section 144 
        of such title $3,777,600,000 for fiscal year 1998, 
        $4,194,000,000 for fiscal year 1999, and $4,704,800,000 for 
        each of fiscal years 2000 through 2003.
          (4) Surface transportation program.--For the surface 
        transportation program under section 133 of such title 
        $5,601,400,000 for fiscal year 1998, $6,218,900,000 for fiscal 
        year 1999, and $6,976,300,000 for each of fiscal years 2000 
        through 2003.
          (5) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of such title 
        $1,406,800,000 for fiscal year 1998, $1,561,900,000 for fiscal 
        year 1999, and $1,752,200,000 for each of fiscal years 2000 
        through 2003.
          (6) High risk road safety improvement program.--For the high 
        risk road safety improvement program under section 154 of such 
        title $750,000,000 for fiscal year 1998, $1,000,000,000 for 
        fiscal year 1999, and $1,000,000,000 for each of fiscal years 
        2000 through 2003.
          (7) High cost interstate system reconstruction and 
        improvement program.--For the high cost Interstate System 
        reconstruction and improvement program under section 160 of 
        such title $265,000,000 for fiscal year 1998, $512,500,000 for 
        fiscal year 1999, $920,000,000 for fiscal year 2000, 
        $923,000,000 for fiscal year 2001, $922,000,000 for fiscal year 
        2002, and $1,067,000,000 for fiscal year 2003.
          (8) Discretionary programs.--For executive and legislative 
        branch discretionary programs referred to in section 127 of 
        this Act (including amendments made by such section) 
        $1,622,400,000 for fiscal year 1998, $2,215,300,000 for fiscal 
        year 1999, $2,563,600,000 for fiscal year 2000, $2,563,600,000 
        for fiscal year 2001, $2,657,600,000 for fiscal year 2002, and 
        $2,657,600,000 for fiscal year 2003.
          (9) 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.) $250,000,000 for fiscal year 1998, $400,000,000 
        for fiscal year 1999, and $400,000,000 for each of fiscal years 
        2000 through 2003.
          (10) 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.
          (11) Federal lands highways program.--
                  (A) Indian reservation roads.--For Indian reservation 
                roads under section 204 of such title $194,000,000 for 
                fiscal year 1998, $200,000,000 for fiscal year 1999, 
                and $212,000,000 for each of fiscal years 2000 through 
                2003.
                  (B) Public lands highways.--For public lands highways 
                under section 204 of such title $58,000,000 for fiscal 
                year 1998, $60,000,000 for fiscal year 1999, and 
                $60,000,000 for each of fiscal years 2000 through 2003.
                  (C) Parkways and park highways.--For parkways and 
                park highways under section 204 of such title 
                $85,300,000 for fiscal year 1998, $86,200,000 for 
                fiscal year 1999, and $99,000,000 for each of fiscal 
                years 2000 through 2003.
                  (D) Forest highways.--For forest highways under 
                section 204 of such title $113,500,000 for fiscal year 
                1998, $130,000,000 for fiscal year 1999, and 
                $130,000,000 for each of fiscal years 2000 through 
                2003.
          (12) Highway use tax evasion projects.--For highway use tax 
        evasion projects under section 1040 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 
        Stat. 1992) $5,000,000 for fiscal year 1998 and $10,000,000 for 
        each of fiscal years 1999 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 
        authorized to be appropriated under titles I, III, and VI of 
        this Act shall be expended with small business concerns owned 
        and controlled by socially and economically disadvantaged 
        individuals.
          (2) Compliance with court orders.--Nothing in this section 
        limits the eligibility of an entity or person to receive funds 
        made available under titles I, III, and VI 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.
          (3) 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 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 VI 
                        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 VI 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 VI 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 VI 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 VI 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 (2) 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.
          (4) Definitions.--For purposes of 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.

SEC. 103. OBLIGATION CEILING.

  (a) General Limitation.--Notwithstanding any other provision of law, 
the total of all obligations for Federal-aid highway programs shall not 
exceed--
          (1) $21,500,000,000 for fiscal year 1998;
          (2) $25,300,000,000 for fiscal year 1999; and
          (3) $28,400,000,000 for each of fiscal years 2000 through 
        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 157 of such title;
          (3) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
          (4) under section 9 of the Federal-Aid Highway Act of 1981;
          (5) under sections 131(b) and 131(j) of the Surface 
        Transportation Assistance Act of 1982;
          (6) under sections 149(b) and 149(c) of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987;
          (7) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991; and
          (8) under section 104(j) of title 23, United States Code, 
        relating to high priority projects.
  (c) Distribution of Obligation Authority.--For each of fiscal years 
1998 through 2003, the Secretary shall--
          (1) not distribute 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) determine the ratio that--
                  (A) the obligation limitation imposed by subsection 
                (a) for such fiscal year less the aggregate of amounts 
                not distributed under paragraph (1), bears to
                  (B) the total of the sums authorized to be 
                appropriated for Federal-aid highway programs (other 
                than sums authorized to be appropriated for sections 
                referred to in subsection (b)) for such fiscal year 
                less the aggregate of amounts not distributed under 
                paragraph (1);
          (3)(A) multiply the ratio determined under paragraph (2) by 
        the sums authorized to be appropriated for such fiscal year for 
        each of the programs that are allocated by the Secretary under 
        this Act and title 23, United States Code (other than the 
        recreational trails program and programs to which paragraph (1) 
        applies);
          (B) not distribute such amount for each such program (other 
        than the recreational trails program and programs to which 
        paragraph (1) applies); and
          (C) in administering such program, allocate such amount for 
        such program;
          (4) distribute the obligation limitation imposed by 
        subsection (a) less the aggregate of amounts not distributed 
        under paragraphs (1) and (3) and less amounts distributed under 
        paragraph (5) by allocation in the ratio which sums authorized 
        to be appropriated for Federal-aid highway programs that are 
        apportioned or allocated to each State for such fiscal year and 
        that are subject to the limitation imposed by subsection (a) 
        bear to the total of the sums authorized to be appropriated for 
        Federal-aid highway programs that are apportioned or allocated 
        for such fiscal year and that are subject to the limitation 
        imposed by subsection (a); and
          (5) distribute any amount determined under paragraph (3) for 
        the recreational trails program in accordance with the formula 
        set forth in section 104(h) of title 23, United States Code, 
        for such program.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall--
          (1) provide all States with authority sufficient to prevent 
        lapses of sums authorized to be appropriated for Federal-aid 
        highway programs that have been apportioned to a State; and
          (2) 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 
        the 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 for Federal-aid highways 
programs established 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.--
          (1) In general.--Not later than 30 days after the date of the 
        distribution of obligation authority under subsection (a) for 
        each of fiscal years 1998 through 2003, the Secretary shall 
        distribute to the States any funds (A) 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 (B) 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)(5). The funds so distributed shall be available for any 
        purposes described in section 133(b) of title 23, United States 
        Code.
          (2) High cost interstate system reconstruction and 
        improvement program funds.--Not later than 30 days after the 
        date of the distribution of obligation authority under 
        subsection (c) for each of fiscal years 1998 through2003, the 
Secretary shall distribute to the States any funds that are authorized 
to be appropriated for such fiscal year to carry out the high cost 
Interstate System reconstruction and improvement program under section 
160 of title 23, United States Code, and that 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 funds are apportioned under section 
104(b)(5) of such title. The funds so distributed to a State shall be 
credited to the State's apportionment under such section 104(b)(5).

SEC. 104. APPORTIONMENTS.

  (a) Administrative Takedown.--Section 104(a) is amended to read as 
follows:
  ``(a) Administrative Takedown.--Whenever an apportionment is made of 
the sums authorized to be appropriated for expenditure on Interstate 
maintenance, the National Highway System, the bridge program, the 
surface transportation program, the congestion mitigation and air 
quality improvement program, the high risk road safety program, the 
high cost Interstate System reconstruction and improvement program, the 
national corridor planning and development program, the border 
infrastructure and safety program, and the Federal lands highways 
program, the Secretary shall deduct a sum, in such amount not to exceed 
1 percent of all sums so authorized, as the Secretary may deem 
necessary for administering the provisions of law to be financed from 
appropriations for the Federal-aid highway program. In making such 
determination, the Secretary shall take into account the unobligated 
balance of any sums deducted for such purposes in prior years. The sums 
so deducted shall remain available until expended. The Secretary may 
not transfer any of such sums to a Federal entity other than the 
Federal Highway Administration.''.
  (b) Apportionments.--Section 104(b) 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 
Interstate maintenance, the National Highway System, the surface 
transportation program, the congestion mitigation and air quality 
improvement program, and the high risk road safety program for that 
fiscal year, among the several States in the following manner:
          ``(1) National highway system.--For the National Highway 
        System, 1 percent to the Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands and the 
        remaining 99 percent apportioned as follows:
                  ``(A) In the case of a State with an average 
                population density of 20 persons or fewer per square 
                mile, and in the case of a State with a population of 
                1,500,000 persons or fewer and with a land area of 
                10,000 square miles or less, the greater of--
                          ``(i) a percentage share of the remaining 
                        apportionments equal to the percentage 
                        specified for the State in section 104(h)(1) of 
                        the Building Efficient Surface Transportation 
                        and Equity Act of 1998; or
                          ``(ii) a share determined under subparagraph 
                        (B).
                  ``(B) Subject to subparagraph (A), in the case of any 
                State for which the apportionment is not determined 
                under subparagraph (A)(i), a share of the remaining 
                apportionments determined in accordance with the 
                following formula:
                          ``(i) \1/9\ of the remaining apportionments 
                        in the ratio that the total rural lane miles in 
                        each State bears to the total rural lane miles 
                        in all States for which the apportionment is 
                        not determined under subparagraph (A)(i).
                          ``(ii) \1/9\ of the remaining apportionments 
                        in the ratio that the total rural vehicle miles 
                        traveled in each State bears to the total rural 
                        vehicle miles traveled in all States for which 
                        the apportionment is not determined under 
                        subparagraph (A)(i).
                          ``(iii) \2/9\ of the remaining apportionments 
                        in the ratio that the total urban lane miles in 
                        each State bears to the total urban lane miles 
                        in all States for which the apportionment is 
                        not determined under subparagraph (A)(i).
                          ``(iv) \2/9\ of the remaining apportionments 
                        in the ratio that the total urban vehicle miles 
                        traveled in each State bears to the total urban 
                        vehicle miles traveled in all States for which 
                        the apportionment is not determined under 
                        subparagraph (A)(i).
                          ``(v) \3/9\ of the remaining apportionments 
                        in the ratio that each State's annual 
                        contributions to the Highway Trust Fund (other 
                        than the Mass Transit Account) attributable to 
                        commercial vehicles bear to the total of such 
                        annual contributions by all States for which 
                        the apportionment is not determined under 
                        subparagraph (A)(i).
          ``(2) Congestion mitigation and air quality improvement 
        program.--
                  ``(A) Formula.--For the congestion mitigation and air 
                quality improvement program, in the ratio which the 
                weighted nonattainment and maintenance area populations 
                of each State bear to the total weighted nonattainment 
                and maintenance area population of all States.
                  ``(B) Calculation of weighted population.--Such 
                weighted population shall be calculated by multiplying 
                the population of each area within any State that was a 
                nonattainment or maintenance area as described in 
                subsection 149(b) for ozone, carbon monoxide, or 
                particulate matter by a factor of--
                          ``(i) 1.0 if, at the time of the 
                        apportionment, the area has been redesignated 
                        as an attainment (maintenance) area under 
                        section 107(d) of the Clean Air Act;
                          ``(ii) 1.1 if, at the time of apportionment, 
                        the area is classified as a marginal ozone 
                        nonattainment area under subpart 2 of part D of 
                        title I of the Clean Air Act;
                          ``(iii) 1.2 if, at the time of apportionment, 
                        the area is classified as a moderate ozone 
                        nonattainment area under such subpart;
                          ``(iv) 1.3 if, at the time of apportionment, 
                        the area is classified as a serious ozone 
                        nonattainment area under such subpart;
                          ``(v) 1.4 if, at the time of apportionment, 
                        the area is classified as a severe ozone 
                        nonattainment area under such subpart;
                          ``(vi) 1.5 if, at the time of apportionment, 
                        the area is classified as an extreme ozone 
                        nonattainment area under such subpart; or
                          ``(vii) 1.2. if, at the time of 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in subsection 
                        149(b) of this title for ozone, but is a 
                        nonattainment area for carbon monoxide or 
                        particulate matter.
                  ``(C) Additional factors.--If the area was also 
                classified under subpart 3 or 4 of part D of title I of 
                the Clean Air Act as a nonattainment area described in 
                section 149(b) for carbon monoxide or particulate 
                matter or both, the weighted nonattainment 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. For an area that is a 
                nonattainment area for both carbon monoxide and for 
                particulate matter and the area's weighted population 
                was determined under clause (vii) of subparagraph (B), 
                the area's weighted population shall be further 
                multiplied by a factor of 1.2. For such areas, the 
                population to which this factor is applied shall be the 
                larger of the carbon monoxide and the particulate 
                matter nonattainment area populations.
                  ``(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. The Secretary shall 
                use annual estimates prepared by the Secretary of 
                Commerce when determining population figures.
          ``(3) Surface transportation program.--
                  ``(A) In general.--For the surface transportation 
                program, 2 percent to the State of Alaska for any 
                purpose described in section 133(b) and the remaining 
                98 percent apportioned as follows:
                          ``(i) \1/3\ in the ratio that each State's 
                        total population bears to the total population 
                        of all States, using the latest available 
                        annual updates to the Federal decennial census, 
                        as prepared by the Secretary of Commerce.
                          ``(ii) \1/3\ in the ratio that each State's 
                        annual contributions to the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        attributable to commercial vehicles bear to the 
                        total of such annual contributions by all 
                        States.
                          ``(iii) \1/3\ in the ratio that each State's 
                        annual contributions to the Highway Trust Fund 
                        (other than the Mass Transit Account) bear to 
                        the total of such annual contributions by all 
                        States.
                  ``(B) Adjustment.--The amount of funds which, but for 
                this subparagraph, would be apportioned to each State 
                for each fiscal year under subparagraph (A) shall be 
                increased or decreased by an amount which, when added 
                to or subtracted from the aggregate amount of funds 
                apportioned or allocated to such State for such fiscal 
                year for Interstate maintenance, National Highway 
                System, surface transportation program, bridge 
program,congestion mitigation and air quality improvement program, high 
risk road safety program, recreational trails program, Appalachian 
Development Highway System program, and metropolitan planning will 
ensure that the aggregate of such apportionments to any State that does 
not contribute to the Highway Trust Fund does not exceed the aggregate 
of such apportionments to any State that does contribute to the Highway 
Trust Fund.
          ``(4) High risk road safety improvement program.--For the 
        high risk road safety improvement program--
                  ``(A) \1/3\ in the ratio that each State's total 
                population bears to the total population of all States, 
                using the latest available annual updates to the 
                Federal decennial census, as prepared by the Secretary 
                of Commerce;
                  ``(B) \1/3\ in the ratio that each State's total 
                public road mileage bears to the total public road 
                mileage of all States; and
                  ``(C) \1/3\ in the ratio that the total vehicle miles 
                traveled on public roads in each State bear to the 
                total vehicle miles traveled on public roads in all 
                States.
          ``(5) Interstate maintenance.--For resurfacing, restoring, 
        rehabilitating, and reconstructing the Interstate System--
                  ``(A) \1/3\ in the ratio that each State's annual 
                contributions to the Highway Trust Fund (other than the 
                Mass Transit Account) attributable to commercial 
                vehicles bear to the total of such annual contributions 
                by all States;
                  ``(B) \1/3\ in the ratio that the total vehicle miles 
                traveled on Interstate routes open to traffic in each 
                State bear to the total vehicle miles traveled on such 
                routes in all States; and
                  ``(C) \1/3\ in the ratio that the total lane miles on 
                such routes in each State bear to the total lane miles 
                on such routes in all States.''.
  (c) Operation Lifesaver and High Speed Rail Corridors.--Section 
104(d) is amended--
          (1) in paragraph (1) by striking ``$300,000'' and inserting 
        ``$500,000'';
          (2) in paragraph (2)(A) by striking ``$5,000,000'' and 
        inserting ``$5,250,000''; and
          (3) by adding at the end of paragraph (2)(A) the following: 
        ``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.''.
  (d) Certification of Apportionments.--Section 104(e) 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 of title 23, 
        United States Code, on or before the 21st of a fiscal year, 
        then the Secretary shall transmit, on or before 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) 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 3 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.''.
  (g) Cross Reference Corrections.--
          (1) Interstate maintenance program.--Subsections (a), (d), 
        and (f) of section 119 are each amended by striking 
        ``104(b)(5)(B)'' each place it appears and inserting 
        ``104(b)(5)''.
          (2) Fringe and corridor parking facilities.--Section 
        137(f)(1) is amended by striking ``section 104(b)(5)(B) of this 
        title'' and inserting ``section 104(b)(5)''.
          (3) Additions to interstate system.--Section 139 is amended 
        by striking ``section 104(b)(5)(B) of this title'' each place 
        it appears and inserting ``section 104(b)(5)''.
          (4) Accommodation of other modes.--Section 142(c) is amended 
        by striking ``section 104(b)(5)(A)'' and inserting ``section 
        104(b)(5)''.
          (5) Minimum drinking ages.--Section 158 is amended--
                  (A) by striking ``104(b)(2), 104(b)(5), and 
                104(b)(6)'' each place it appears in subsection (a) and 
                inserting ``104(b)(3), and 104(b)(5)'';
                  (B) in the heading to subsection (b) is amended by 
                striking ``Period of Availability;''; and
                  (C) in subsection (b)--
                          (i) by striking ``(1)'' the first place it 
                        appears and all that follows through ``No 
                        funds'' and inserting ``No funds''; and
                          (ii) by striking paragraphs (2), (3), and 
                        (4).
          (6) Suspension of licenses of individuals convicted of drug 
        offenses.--Section 159(b) is amended--
                  (A) by striking ``Period of Availability;'' in the 
                subsection heading; and
                  (B) by striking ``(1)'' the first place it appears 
                and all that follows through ``No funds'' and inserting 
                ``No funds''; and
                  (C) by striking paragraphs (2), (3), and (4).
          (7) Operation of motor vehicles by intoxicated minors.--
        Section 161(a) is amended by striking ``(B)'' each place it 
        appears.
  (h) State Percentages for National Highway System Apportionments.--
          (1) In general.--The percentage referred to in section 
        104(b)(1) of title 23, United States Code, for each State shall 
        be determined in accordance with the following table:

States:                                           Adjustment percentage
        Alabama............................................       2.02 
        Alaska.............................................       1.24 
        Arizona............................................       1.68 
        Arkansas...........................................       1.32 
        California.........................................       9.81 
        Colorado...........................................       1.23 
        Connecticut........................................       1.64 
        Delaware...........................................       0.40 
        District of Columbia...............................       0.52 
        Florida............................................       4.77 
        Georgia............................................       3.60 
        Hawaii.............................................       0.70 
        Idaho..............................................       0.70 
        Illinois...........................................       3.71 
        Indiana............................................       2.63 
        Iowa...............................................       1.13 
        Kansas.............................................       1.10 
        Kentucky...........................................       1.91 
        Louisiana..........................................       1.63 
        Maine..............................................       0.50 
        Maryland...........................................       1.64 
        Massachusetts......................................       1.68 
        Michigan...........................................       3.34 
        Minnesota..........................................       1.56 
        Mississippi........................................       1.23 
        Missouri...........................................       2.45 
        Montana............................................       0.95 
        Nebraska...........................................       0.73 
        Nevada.............................................       0.67 
        New Hampshire......................................       0.48 
        New Jersey.........................................       2.28 
        New Mexico.........................................       1.05 
        New York...........................................       4.27 
        North Carolina.....................................       2.83 
        North Dakota.......................................       0.76 
        Ohio...............................................       3.77 
        Oklahoma...........................................       1.55 
        Oregon.............................................       1.23 
        Pennsylvania.......................................       4.12 
        Puerto Rico........................................       0.50 
        Rhode Island.......................................       0.55 
        South Carolina.....................................       1.63 
        South Dakota.......................................       0.70 
        Tennessee..........................................       2.30 
        Texas..............................................       7.21 
        Utah...............................................       0.71 
        Vermont............................................       0.43 
        Virginia...........................................       2.61 
        Washington.........................................       1.75 
        West Virginia......................................       0.76 
        Wisconsin..........................................       1.91 
        Wyoming............................................       0.66.
          (2) Additional rule.--Any State with lane miles on the 
        National Highway System totaling between 3,500 and 4,000 miles 
        shall be treated as a State meeting the requirements of section 
        104(b)(1)(A) of title 23, United States Code, for purposes of 
        such section.
  (i) Use of Most Up-to-Date Data.--The Secretary shall use the most 
up-to-date data available for the latest fiscal year for the purposes 
of making apportionments under this section and section 157 of title 
23, United States Code.
  (j) 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 for fiscal year 1998 made 
        under the Building Efficient Surface Transportation and Equity 
        Act of 1998 (including amendments made by such Act) shall be 
        reduced by the amount apportioned to such State 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 
        Building Efficient Surface Transportation and Equity Act of 
        1998 (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 
        Building Efficient Surface Transportation and Equity Act of 
        1998 (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 Building Efficient Surface 
        Transportation and Equity Act of 1998 (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.

SEC. 105. INTERSTATE MAINTENANCE PROGRAM.

  Section 119 is further amended--
          (1) in subsection (a)--
                  (A) by striking ``and rehabilitating'' and inserting 
                ``, rehabilitating, and reconstructing'';
                  (B) by striking ``of this title and'' and inserting a 
                comma;
                  (C) by striking ``this sentence'' and inserting ``the 
                Building Efficient Surface Transportation and Equity 
                Act of 1998'';
                  (D) by striking ``of this title;'' and inserting ``, 
                and any segments that become part of the Interstate 
                System under section 1105(e)(5) of the Intermodal 
                Surface Transportation Efficiency Act of 1991;''; and
                  (E) by striking ``subsection (e)'' and inserting 
                ``section 129 or continued in effect by section 1012(d) 
                of the Intermodal Surface Transportation Efficiency Act 
                of 1991 and not voided by the Secretary under section 
                120(c) ofthe Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (101 Stat. 159)'';
          (2) by striking subsections (b), (c), and (e); and
          (3) by redesignating subsections (d), (f), and (g) as 
        subsections (b), (c), and (d), respectively.

SEC. 106. NATIONAL HIGHWAY SYSTEM.

  (a) Components.--Section 103(b) is amended--
          (1) by striking the last 4 sentences of paragraph (2)(B);
          (2) in paragraph (2)(C) by striking ``and be subject to 
        approval by Congress in accordance with paragraph (3)''; and
          (3) in paragraph (2)(D) by striking ``and subject to approval 
        by Congress in accordance with paragraph (3)''.
  (b) Maximum Mileage.--Section 103(b) is amended--
          (1) by striking paragraphs (3) and (4) and inserting the 
        following:
          ``(3) Maximum mileage.--The mileage of highways on the 
        National Highway System shall not exceed 155,000 miles; except 
        that the Secretary may increase or decrease such maximum 
        mileage by not to exceed 15 percent.''; and
          (2) by redesignating paragraphs (5) and (6) as paragraphs (4) 
        and (5), respectively.
  (c) Designation.--Section 103(b)(4), as so redesignated by subsection 
(b)(2) of this section, is amended--
          (1) by inserting ``(A) Basic system.--'' before ``The 
        National'';
          (2) by inserting after subparagraph (A), as so designated by 
        paragraph (1) of this subsection, the following:
                  ``(B) Intermodal connectors.--The modifications to 
                the National Highway System that consist of highway 
                connections to major ports, airports, international 
                border crossings, public transportation and transit 
                facilities, interstate bus terminals, and rail and 
                other intermodal transportation facilities, as 
                submitted to Congress by the Secretary on the map dated 
                May 24, 1996, are designated within the United States, 
                including the District of Columbia and the Commonwealth 
                of Puerto Rico.''; and
          (3) by indenting such subparagraph (A) and aligning it with 
        subparagraph (B), as inserted by paragraph (2) of this 
        subsection.
  (d) Modifications.--Section 103(b)(5)(A), as redesignated by 
subsection (b)(2) of this section, is amended by inserting ``or, in the 
case of the strategic highway network, that are proposed by the 
Secretary in consultation with appropriate Federal agencies and the 
States'' before ``if the Secretary''.
  (e) Conforming Amendments.--Section 103(b) is amended--
          (1) in paragraph (5), as redesignated by subsection (b)(2) of 
        this section, by striking ``Subject to paragraph (7), the'' and 
        inserting ``The'';
          (2) by striking paragraph (7);
          (3) by redesignating paragraph (8) as paragraph (6); and
          (4) in paragraph (6), as so redesignated, by striking 
        ``paragraph (5)'' and inserting ``paragraph (4)''.
  (f) Technical Amendment.--Section 103 is amended--
          (1) by redesignating subparagraphs (A), (B), and (C) of 
        subsection (i)(3) as clauses (i), (ii), and (iii), 
        respectively;
          (2) by redesignating paragraphs (1) through (13) of 
        subsection (i) as subparagraphs (A) through (M), respectively;
          (3) by redesignating subsection (i) as paragraph (7);
          (4) by moving such paragraph (7) (including such 
        subparagraphs and clauses) to the end of subsection (b); and
          (5) by moving such paragraph (7) (including such 
        subparagraphs and clauses) 2 ems to the right.
  (g) Effect on Existing Apportionments.--The amendments made by this 
section shall not affect funds apportioned or allocated under title 23, 
United States Code, before the date of the enactment of this Act.
  (h) Intermodal Freight Connectors Study.--
          (1) Report.--Not later than 24 months after the date of the 
        enactment of this Act, the Secretary shall review the condition 
        of and improvements made to connectors on the National Highway 
        System approved by this Act that serve seaports, airports, and 
        other intermodal freight transportation facilities since the 
        designation of the National Highway System and shall report to 
        Congress on the results of such review.
          (2) Review.--In preparing the report, the Secretary shall 
        review the connectors designated by this Act as part of the 
        National Highway System and identify projects carried out on 
        those connectors which 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, including any funding for such 
        connectors, and make any appropriate recommendations as part of 
        the Secretary's report to Congress.
  (i) Highway Signs on the National Highway System.--
          (1) Competition.--The Secretary shall conduct in accordance 
        with this subsection a national children's competition to 
        design a national logo sign for the routes comprising the 
        National Highway System. Children 14 years of age and under 
        shall be eligible for such competition.
          (2) Panel of judges.--The Secretary shall appoint a panel of 
        not less than 6 persons to evaluate all designs submitted under 
        the competition and select a winning design. The panel shall be 
        composed of--
                  (A) a representative of the Department of 
                Transportation;
                  (B) a representative designated by the American 
                Association of State Highway and Transportation 
                Officials;
                  (C) a representative of the motor carrier industry;
                  (D) a representative of private organizations 
                dedicated to advancement of the arts; and
                  (E) a representative of the motoring public.
          (3) Report and plan.--Not later than 24 months after the date 
        of the enactment of this section, the Secretary shall initiate 
        and complete the competition and 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 results of the competition, 
        a plan for the placement of logo signs on the National Highway 
        System, and an estimate of the cost of implementing such plan.
  (j) West Virginia Corridor 10.--The Secretary shall designate in the 
State of West Virginia Route 73 between Route 10 and United States 
Route 119, Route 10 between Route 80 and Route 73, and Route 80 between 
United States Route 52 and Route 10 as part of the National Highway 
System.

SEC. 107. HIGHWAY BRIDGE PROGRAM.

  (a) Apportionment Formula.--Section 144(e) is amended by inserting 
before the period at the end of the fourth sentence the following: ``, 
and, if a State transfers funds apportioned to it 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) 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.--The amounts authorized for 
                fiscal year 1998 by section 127(a)(1) of the Building 
                Efficient Surface Transportation and Equity Act of 1998 
                shall be at the discretion of the Secretary. 25 percent 
                of such amount shall be available only for projects for 
                the seismic retrofit of a bridge described in 
                subsection (l).
                  ``(C) Fiscal years 1999 through 2003.--The amounts 
                authorized for each of fiscal years 1999 through 2003 
                by section 127(a)(1) of the Building Efficient Surface 
                Transportation and Equity Act of 1998 shall be at the 
                discretion of the Secretary. Not to exceed 25 percent 
                of such amount 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 so designated by 
        paragraph (1) of this subsection, and aligning such 
        subparagraph (A) with subparagraphs (B) and (C), as inserted by 
        paragraph (2) of this subsection.
  (c) Off System Bridge-Set Aside.--Section 144(g)(3) 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 is amended--
          (1) in subsection (d) by inserting after ``magnesium 
        acetate'' the following: ,`` sodium acetate/formate, or 
        agriculturally derived, 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 
        agriculturally derived, environmentally acceptable, minimally 
        corrosive anti-icing and de-icing compositions or install scour 
        countermeasures''.
  (e) Conforming Amendment.--Section 144(n) is amended by striking 
``system'' and inserting ``highway''.

SEC. 108. SURFACE TRANSPORTATION PROGRAM.

  (a) Establishment of Program.--Section 133(a) is amended by inserting 
after ``establish'' the following: ``and implement''.
  (b) Application of Anti-icing and De-icing Compositions to Bridges.--
Section 133(b)(1) is amended by inserting after ``magnesium acetate'' 
the following: ``, sodium acetate/formate, or agriculturally derived, 
environmentally acceptable, minimally corrosive anti-icing and de-icing 
compositions''.
  (c) Transportation Control Measures.--Section 133(b)(9) is amended by 
striking ``clauses (xii) and'' and inserting ``clause''.
  (d) Environmental Restoration and Pollution Abatement Projects.--
Section 133(b) is amended by adding at the end the following:
          ``(12) 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 existing transportation 
        facilities at the time such 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.''.
  (e) Division of Funds.--Section 133(d)(3)(B) is amended by adding at 
the end the following: ``Notwithstanding subsection (c), up to 15 
percent of the amounts required to be obligated under this subparagraph 
may be obligated on roads functionally classified as minor 
collectors.''.
  (f) Program Approval.--Section 133(e)(2) is amended to read as 
follows:
          ``(2) Program approval.--Each State shall submit a project 
        agreement for each fiscal year, certifying that the State will 
        meet all the requirements of this section and notifying the 
        Secretary of the amount of obligations needed to administer the 
        surface transportation program. Each State shall request 
        adjustments to the amount of obligations as needed. The 
        Secretary's approval of the project agreement shall be deemed a 
        contractual obligation of the United States for the payment of 
        surface transportation program funds provided under this 
        title.''.
  (g) Conforming Amendment.--Section 133(f) is amended by striking ``6-
fiscal year period 1992 through 1997'' and inserting ``fiscal years for 
which funds are made available by the Building Efficient Surface 
Transportation and Equity Act of 1998''.
  (h) 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 projects under 
chapter 1 of title 23, United States Code.

SEC. 109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

  (a) Establishment of Program.--Section 149(a) is amended by inserting 
after ``establish'' the following: ``and implement''.
  (b) Currently Eligible Projects.--Section 149(b) is amended--
          (1) in paragraph (1)(A) by striking ``clauses (xii) and''; 
        and inserting ``clause'';
          (2) by striking ``or'' at the end of paragraph (3);
          (3) by striking ``standard.'' at the end of paragraph (4) and 
        inserting ``standard; or''; and
          (4) by inserting after paragraph (4) the following:
          ``(5) if the program or project would have been eligible for 
        funding on or before September 30, 1997, under guidance issued 
        by the Secretary to implement this section.''.
  (c) Study of Effectiveness of CMAQ Program.--
          (1) Study.--The Secretary shall request the National Academy 
        of Sciences to study the impact of the congestion mitigation 
        and air quality improvement program on the air quality of 
        nonattainment areas. The study shall, at a minimum--
                  (A) determine the amount of funds obligated under 
                such program in each nonattainment area and to make a 
                comprehensive analysis of the types of projects funded 
                under such program;
                  (B) identify any improvements to or degradations of 
                the air quality in each nonattainment area;
                  (C) measure the impact of the projects funded under 
                such program on the air quality of each nonattainment 
                area; and
                  (D) assess the cost effectiveness of projects funded 
                under such program in nonattainment areas, including, 
                to the extent possible, the cost per ton of reductions 
                of ozone and carbon monoxide and reduction of traffic 
                congestion.
          (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) for each of fiscal years 1998 and 1999, 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. 110. HIGH RISK ROAD SAFETY IMPROVEMENT PROGRAM.

  (a) In General.--Chapter 1 is amended by inserting after section 153 
the following:

``Sec. 154. High risk road safety improvement program

  ``(a) Establishment.--The Secretary shall establish and implement a 
high risk road safety improvement program in accordance with this 
section.
  ``(b) Eligible Projects.--A State may obligate funds apportioned to 
it under section 104(b)(4) only for construction and operational 
improvement projects, and for pavement marking and signing projects, on 
high risk roads and only if the primary purpose of the project is to 
improve highway safety on a high risk road.
  ``(c) State Allocation System.--Each State shall establish a system 
for allocating funds apportioned to it under section 104(b)(4) among 
projects eligible for assistance under this section that have the 
highest benefits to highway safety. Such system may include a safety 
management system established by the State under section 303 or a 
survey established pursuant to section 152(a).
  ``(d) Transferability.--A State may transfer not to exceed 50 percent 
of the amount of funds apportioned to it under section 104(b)(4) for 
any fiscal year to the apportionment of such State under section 
104(b)(1) or 104(b)(3) or both.
  ``(e) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
  ``(f) Definitions.--In this section, the following definitions apply:
          ``(1) High risk road.--The term `high risk road' means any 
        Federal-aid highway or segment of a Federal-aid highway--
                  ``(A) on which a significant number of severe motor 
                vehicle crashes occur; or
                  ``(B) which has current, or will likely have, 
                increases in traffic volume that are likely to create a 
                potential for severe crash consequences in a 
                significant number of motor vehicle crashes.
          ``(2) Severe crash.--The term `severe crash' means a motor 
        vehicle crash in which a fatality or incapacitating injury 
        occurs.''.
  (b) Conforming Amendment.--The table of sections for chapter 1 is 
amended by inserting after the item relating to section 153 the 
following:

``154. High risk road safety improvement program.''.

  (c) Roadway Safety Awareness and Improvement Program.--
          (1) In general.--For purposes of identifying high-risk 
        roadway hazards and effective countermeasures and improving the 
        collection and public dissemination of information regarding 
        such hazards and their impact on the number and severity of 
        motor vehicle crashes, the Secretary shall enter into an 
        agreementwith a private nonprofit national organization that is 
dedicated solely to improving roadway safety.
          (2) Terms of agreement.--Under the terms of the agreement 
        entered into under this subsection, the organization shall--
                  (A) develop a pilot program to improve the collection 
                of data pertaining to roadway hazards and design 
                features that cause or increase the severity of motor 
                vehicle crashes;
                  (B) develop a public awareness campaign to educate 
                State and local transportation officials, public safety 
                officials, and motorists regarding the extent to which 
                roadway hazards and design features are a factor in 
                motor vehicle crashes; and
                  (C) develop and disseminate information to assist 
                State and local transportation officials, public safety 
                officials, and motorists in identifying roadway hazards 
                and effective countermeasures.
          (3) Report.--Not later than 24 months after the date of entry 
        into the agreement under this subsection, 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 on the 
        status of the program authorized by this subsection. Such 
        report shall be updated each year thereafter, and a final 
        report shall be transmitted not later than 5 years after the 
        date of entry into the agreement.
          (4) Funding.--Before funds are apportioned under section 
        104(b)(4) of title 23, United States Code, for each of fiscal 
        years 1998 through 2003, the Secretary shall deduct a sum not 
        to exceed $1,000,000 per fiscal year for carrying out this 
        subsection. Such sums shall remain available until expended.

SEC. 111. MINIMUM ALLOCATION.

  (a) General Rules.--Section 157(a) is amended--
          (1) in paragraph (4)--
                  (A) by striking ``Thereafter'' and inserting ``Fiscal 
                years 1992-1997''; and
                  (B) by striking ``fiscal year 1992 and each fiscal 
                year thereafter'' and inserting ``each of fiscal years 
                1992 through 1997''; and
          (2) by adding at the end the following new paragraph:
          ``(5) Thereafter.--In fiscal year 1998 and each fiscal year 
        thereafter on October 1, or as soon as possible thereafter, the 
        Secretary shall allocate among the States amounts sufficient to 
        ensure that a State's percentage of the total apportionments in 
        each such fiscal year for Interstate maintenance, the National 
        Highway System, the bridge program, the surface transportation 
        program, the congestion mitigation and air quality improvement 
        program, the high priority projects program, the high risk road 
        safety improvement program, the recreational trails program, 
        the Appalachian Development Highway System program, and 
        metropolitan planning shall not be less than 95 percent of the 
        percentage of estimated tax payments attributable to highway 
        users in the State paid into the Highway Trust Fund, other than 
        the Mass Transit Account, in the latest fiscal year for which 
        data are available. In determining allocations under this 
        paragraph, the Secretary shall not take into account the 2 
        percent set aside under section 104(b)(3)(A).''.
  (b) Availability of Funds.--Section 157(b) is amended--
          (1) by inserting before ``Amounts allocated'' the following: 
        ``Availability of Funds.--'';
          (2) by striking ``Interstate highway substitute,'' and all 
        that follows through ``crossing projects'' and inserting ``any 
        purpose described in section 133(b)''; and
          (3) by inserting before the period at the end ``and section 
        103(c) of the Building Efficient Surface Transportation and 
        Equity Act of 1998''.
  (c) Conforming Amendments.--Section 157 is further amended--
          (1) in subsection (d) by striking ``154(f) or''; and
          (2) in subsection (e) by inserting before ``In order'' the 
        following: ``Authorization of Appropriations.--''.
  (d) Minimum Allocation Adjustment.--If the Secretary--
          (1) determines that--
                  (A) the ratio of--
                          (i) the aggregate of funds made available by 
                        this Act, including any amendments made by this 
                        Act, that are apportioned to a State for 
                        Federal-aid highway programs (including funds 
                        allocated to the State under sections 104(j) 
                        and 157 of title 23, United States Code) for 
                        each fiscal year beginning after September 30, 
                        1997, to
                          (ii) the aggregate of such funds apportioned 
                        to all States for such programs for such fiscal 
                        year, is less than
                  (B) the ratio of--
                          (i) estimated tax payments attributable to 
                        highway users in the State paid into the 
                        Highway Trust Fund, other than the Mass Transit 
                        Account, in the latest fiscal year for which 
                        data are available, to
                          (ii) the estimated tax payments attributable 
                        to highway users in all States paid into such 
                        Trust Fund in such latest fiscal year; and
          (2) determines that--
                  (A) the ratio determined under paragraph (1)(A), is 
                less than
                  (B) the ratio of--
                          (i) the aggregate of funds made available by 
                        the Intermodal Surface Transportation 
                        Efficiency Act of 1991, including any 
                        amendments made by such Act, and section 202 of 
                        the National Highway System Designation Act of 
                        1995 that are apportioned to the State for 
                        Federal-aid highway programs (other than 
                        Federal lands highway programs and projects 
                        under sections 1103-1108 of the Intermodal 
                        Surface Transportation Efficiency Act of 1991) 
                        for fiscal years 1992 through 1997, to
                          (ii) the aggregate of such funds apportioned 
                        to all States for such programs for such fiscal 
                        years;
the Secretary shall allocate under such section 157 to the State 
amounts sufficient to ensure that the State's percentage of total 
apportionments for Federal-aid highway programs under this Act 
(including amendments made by this Act and allocations under such 
sections 104(j) and 157) for such fiscal year beginning after September 
30, 1997, is equal to the State's percentage of total apportionments 
for Federal-aid highway programs (other than Federal lands highway 
programs and projects under sections 1103-1008 of the Intermodal 
Surface Transportation Efficiency Act of 1991) for fiscal year 1997 
under the Intermodal Surface Transportation Efficiency Act of 1991, 
including any amendments made by such Act, and section 202 of the 
National Highway System Designation Act of 1995. The allocation shall 
be made on October 1 of fiscal year 1998, 1999, 2000, 2001, 2002, or 
2003, as the case may be, or as soon as possible thereafter and shall 
be in addition to any other allocation to the State under such section 
157 for such fiscal year.
  (e) Final Adjustment.--
          (1) In general.--In fiscal year 1998 and each fiscal year 
        thereafter on October 1, or as soon as practicable thereafter, 
        the Secretary shall allocate under section 157 of title 23, 
        United States Code, among the States amounts sufficient to 
        ensure that the ratio that--
                  (A) each State's percentage of the total 
                apportionments for such fiscal year for Interstate 
                maintenance, National Highway System, high cost 
                Interstate system reconstruction and improvement 
                program, surface transportation program, metropolitan 
                planning, congestion mitigation and air quality 
                improvement program, high risk road safety improvement 
                program, bridge program, Appalachian development 
                highway system, recreational trails program, high 
                priority projects program, the 2 percent set aside 
                under section 104(b)(3)(A) of title 23, United States 
                Code, and section 157 of such title (including 
                subsection (d) of this section and this subsection), 
                bears to
                  (B) each State's percentage of estimated tax payments 
                attributable to highway users in the State paid into 
                the Highway Trust Fund (other than the Mass Transit 
                Account) in the latest fiscal year for which data are 
                available;
        is not less than 0.90.
          (2) Treatment.--The allocation required by this paragraph 
        shall be in addition to any other allocation under section 157 
        of title 23, United States Code, including allocations required 
        by subsection (d) of this section.

SEC. 112. 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 prepared by the 
Appalachian Regional Commission, unless the Appalachian Regional 
Commission adopts an alternative method for distribution. In general, 
no State containing Appalachian development highway system routes shall 
receive an apportionment of less than $1,000,000. For fiscal years 1999 
through 2003, any alternative method for distribution adopted by the 
Appalachian Regional Commission must be communicated to the Secretary 
at least 30 days prior to thebeginning of the fiscal year in which the 
apportionment is to be made. 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 under section 
201 of the Appalachian Regional Development Act of 1965 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) Deduction for Administrative Expenses.--Section 201 of such Act 
is amended by adding at the end the following new subsection:
  ``(i) Deduction for Administrative Expenses.--On October 1 of fiscal 
year 1998 and each fiscal year thereafter, or as soon as is practicable 
thereafter, there shall be deducted, for the expenses of the 
Appalachian Regional Commission in administering the funds authorized 
under this section for such year, not to exceed 3.75 percent of the 
funds made available for such year under subsection (g) of this 
section.''.
  (e) Local Participation in Dedesignation Decisions.--Section 201 of 
such Act is further amended by adding at the end the following:
  ``(j) Local Participation in Dedesignation Decisions.--Before the 
State of Ohio may request the dedesignation of corridor B from the Ohio 
River in Scioto County to the Scioto-Adams County line, corridor B1 
from the Kentucky State line to the junction with corridor B at 
Rosemount, corridor C from the junction with corridor B at Lucasville 
to State Route 159 at Chillicothe, or corridor D from the Adams County 
line to the Ohio River in Washington County as segments of the 
Appalachian development highway system, the State must consult about 
the proposed dedesignation with local elected officials having 
jurisdiction over the area in which the segment is located and conduct 
public hearings on the proposed dedesignation in each county in which 
any part of the segment is located.''.
  (f) Additions to Appalachian Region.--The undesignated paragraph 
relating to Georgia of section 403 of such Act is amended--
          (1) by inserting ``Elbert,'' after ``Douglas,''; and
          (2) by inserting ``Hart,'' after ``Haralson,''.

SEC. 113. HIGH COST INTERSTATE SYSTEM RECONSTRUCTION AND IMPROVEMENT 
                    PROGRAM.

  (a) In General.--Section 160 is amended to read as follows:

``Sec. 160. High cost interstate system reconstruction and improvement 
                    program

  ``(a) Establishment.--The Secretary shall establish and implement a 
high cost Interstate System reconstruction and improvement program in 
accordance with this section.
  ``(b) Eligible Projects.--Funds made available to carry out the high 
cost interstate reconstruction and improvement program under this 
section for a fiscal year shall be available for obligation by the 
Secretary for any major reconstruction or improvement project to any 
highway designated as part of the Interstate System and open to traffic 
before the date of the enactment of the Building Efficient Surface 
Transportation and Equity Act of 1998. Such funds shall be made 
available by the Secretary to any State applying for such funds only if 
the Secretary determines that--
          ``(1) the total cost of the project is greater than the 
        lesser of $200,000,000 or 50 percent of the aggregate amount of 
        funds apportioned to the State under this title for such fiscal 
        year;
          ``(2) the project is a ready-to-commence project;
          ``(3) the State agrees that it will not transfer funds 
        apportioned to it under section 104(b)(5) for such fiscal year 
        to any other program category; and
          ``(4) the applicant agrees to obligate the funds within 1 
        year of the date the funds are made available.
  ``(c) Allocation of Funds.--Subject to subsection (f)(1), of the 
funds made available to carry out the program under this section, the 
Secretary shall allocate--
          ``(1) not less than $165,000,000 for fiscal year 1998, 
        $412,500,000 for fiscal year 1999, and $670,000,000 for each of 
        fiscal years 2000 through 2003 among States in the ratio that 
        the estimated cost of carrying out projects determined by the 
        Secretary to be eligible for funding under subsection (b) in 
        each State bears to the estimated cost of carrying out such 
        projects in all of the States; and
          ``(2) at the discretion of the Secretary, not more than the 
        amounts set forth in section 127(a)(2) for each of fiscal years 
        1998 through 2003 for projects eligible for assistance under 
        this section to--
                  ``(A) meet an extraordinary need for funding; or
                  ``(B) help expedite completion of a project of 
                national significance.
  ``(d) Unallocated Funds.--
          ``(1) Apportionment.--If, on August 1 of fiscal year 1998 and 
        each fiscal year thereafter, the Secretary determines that 
        funds authorized to be allocated in such fiscal year for the 
        program under this section will not be allocated in such fiscal 
        year as a result of not enough projects being eligible for 
        assistance under this section, the Secretary shall apportion 
        under section 104(b)(5) such funds among the States for the 
        Interstate maintenance program.
          ``(2) Redistribution of obligation authority.--The Secretary 
        shall also redistribute on such August 1 any obligation 
        authority that is allocated for the fiscal year under section 
        103(c)(4) of the Building Efficient Surface Transportation and 
        Equity Act of 1998 attributable to the program under this 
        section and that the Secretary determines will not be used 
        before September 30 of such fiscal year among the States (other 
        than a State from which obligation authority for such fiscal 
        year is redistributed under section 103(d) of such Act) in the 
        same ratio as set forth in section 103(c)(5) of such Act.
  ``(e) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
  ``(f) Future Allocations.--
          ``(1) Fiscal years 1998-2003.--For fiscal years 1998, 1999, 
        2000, 2001, 2002, and 2003, funds to be allocated pursuant to 
        subsection (c)(1) shall be allocated in the same manner as 
        funds apportioned under section 104(b)(5). Such funds shall 
        only be available for projects eligible under subsection (b); 
        except that if a State does not have a project eligible under 
        subsection (b), funds allocated to such State under this 
        paragraph shall be available for any project in such State on a 
        segment of the Interstate System that is open to traffic.
          ``(2) Determinations.--The Secretary shall, in cooperation 
        with States and affected metropolitan planning organizations, 
        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; and
                  ``(B) a method to allocate funds made available under 
                this section that would--
                          ``(i) address the needs identified in 
                        subparagraph (A);
                          ``(ii) provide a fair and equitable 
                        distribution of such funds; and
                          ``(iii) allow for States to address any 
                        extraordinary needs.
          ``(3) Report.--The determination made under paragraph (2) 
        shall be submitted to Congress in a report not later than 
        January 1, 2000.''.
  (b) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 160 and inserting the 
following:

``160. High cost interstate system reconstruction and improvement 
program.''.

SEC. 114. 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) In General.--The Secretary, in consultation with the Secretary 
of the Interior and the Secretary of Agriculture, shall administer a 
national program for the purposes of providing and maintaining 
recreational trails.
  ``(b) Statement of Intent.--Funds made available to carry out the 
recreational trails program under this section are to be derived from 
revenues collected through motor fuel taxes from nonhighway users and 
are to be used on trails and trail-related projects which have been 
planned and developed under the otherwise existing laws, policies, and 
administrative procedures within each State, and which are identified 
in, or which further a specific goal of, a trail plan included or 
referenced in a statewide comprehensive outdoor recreation plan 
required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l-4 et seq.).
  ``(c) State Eligibility.--A State shall be eligible to obligate funds 
apportioned to it under section 104(h) only if--
          ``(1) the Governor of the State has designated the State 
        agency or agencies that will be responsible for administering 
        funds received under this section; and
          ``(2) a recreational trail advisory committee on which both 
        motorized and nonmotorized recreational trail users are fairly 
        represented exists within the State.
  ``(d) Federal Share Payable.--
          ``(1) In general.--Except as provided in paragraphs (2), (3), 
        (4), and (5), the Federal share payable on account of a project 
        under this section shall not exceed 50 percent.
          ``(2) Federal agency project sponsor.--Notwithstanding any 
        other provision of law, a Federal agency sponsoring a project 
        under this section may contribute additional Federal funds 
        toward a project's cost if the share attributable to the 
        Secretary does not exceed 50 percent and the share attributable 
        to the Secretary and the Federal agency jointly does not exceed 
        80 percent.
          ``(3) Allowable match from federal programs.--The following 
        Federal programs may be used to contribute additional Federal 
        funds toward a project's cost and may be accounted for as 
        contributing to the non-Federal share:
                  ``(A) State and Local Fiscal Assistance Act of 1972 
                (Public Law 92-512).
                  ``(B) HUD Community Development Block Grants (Public 
                Law 93-383).
                  ``(C) Public Works Employment Act of 1976 (Public Law 
                94-369).
                  ``(D) Acts establishing national heritage corridors 
                and areas.
                  ``(E) Job Training Partnership Act of 1982 (Public 
                Law 97-300).
                  ``(F) National and Community Service Trust Act of 
                1993 (Public Law 103-82).
                  ``(G) Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (Public Law 104-93).
          ``(4) Programmatic non-federal share.--A State may allow 
        adjustments of the non-Federal share of individual projects in 
        a fiscal year if the total Federal share payable for all 
        projects within the State carried out under this section with 
        funds apportioned to the State under section 104(h) for such 
        fiscal year does not exceed 50 percent. For purposes of this 
        paragraph, a project funded under paragraph (2) or (3) of this 
        subsection may not be included in the calculation of the 
        programmatic non-Federal share.
          ``(5) State administrative costs.--The Federal share payable 
        on account of the administrative costs of a State under 
        subsection (e)(1)(A) shall be determined in accordance with 
        section 120(b).
  ``(e) Use of Funds.--
          ``(1) Permissible uses.--A State may use funds apportioned to 
        it under section 104(h)--
                  ``(A) in an amount not exceeding 7 percent of such 
                funds, for administrative costs of the State;
                  ``(B) in an amount not exceeding 5 percent of such 
                funds, for operation of environmental protection 
                education and safety education programs relating to the 
                use of recreational trails;
                  ``(C) for development and rehabilitation of urban 
                trail linkages to provide connections to and among 
                neighborhoods and community centers and between trails;
                  ``(D) for maintenance of existing recreational 
                trails, including the grooming and maintenance of 
                trails across snow;
                  ``(E) for restoration of areas damaged by usage of 
                recreational trails, including back country terrain;
                  ``(F) for development and rehabilitation of trail-
                side and trail-head facilities that meet goals 
                identified by the National Recreational Trails Advisory 
                Committee;
                  ``(G) for provision of features which facilitate the 
                access and use of trails by persons with disabilities;
                  ``(H) for acquisition of easements for trails, or for 
                trail corridors identified in a State trail plan;
                  ``(I) for acquisition of fee simple title to property 
                from a willing seller, when the objective of the 
                acquisition cannot be accomplished by acquisition of an 
                easement or by other means;
                  ``(J) for construction of new trails on State, 
                county, municipal, or private lands, where a 
                recreational need for such construction is shown; and
                  ``(K) only as otherwise permissible and where 
                necessary and required by a statewide comprehensive 
                outdoor recreation plan, for construction of new trails 
                crossing Federal lands if such construction is approved 
                by the administering agency of the State and the 
                Federal agency or agencies charged with management of 
                all impacted lands and if such approval is contingent 
                upon compliance by the Federal agency with all 
                applicable laws, including the National Environmental 
                Policy Act (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 (43 U.S.C. 1701 et seq.).
          ``(2) Use not permitted.--A State may not use funds 
        apportioned to it under section 104(h)--
                  ``(A) for condemnation of any kind of interest in 
                property;
                  ``(B)(i) for construction of any recreational trail 
                on National Forest System lands for motorized uses 
                unless--
                          ``(I) such lands have been allocated for uses 
                        other than wilderness by an approved forest 
                        land and resource management plan or have been 
                        released to uses other than wilderness by an 
                        Act of Congress, and
                          ``(II) such construction is otherwise 
                        consistent with the management direction in 
                        such approved land and resource management 
                        plan; or
                  ``(ii) for construction of any recreational trail on 
                Bureau of Land Management lands for motorized uses 
                unless--
                          ``(I) such lands have been allocated for uses 
                        other than wilderness by an approved Bureau of 
                        Land Management resource management plan or 
                        have been released to uses other than 
                        wilderness by an Act of Congress, and
                          ``(II) such construction is otherwise 
                        consistent with the management direction in 
                        such approved management plans; or
                  ``(C) for upgrading, expanding, or otherwise 
                facilitating motorized use or access to trails 
                predominantly used by non-motorized trail users and on 
                which, as of May 1, 1991, motorized use is either 
                prohibited or has not occurred.
          ``(3) Grants.--
                  ``(A) In general.--A State may provide funds 
                apportioned to it under section 104(h) to make grants 
                to private individuals, organizations, municipal, 
                county, State, and Federal government entities, and 
                other government entities as approved by the State 
                after considering guidance from the recreational trail 
                advisory committee satisfying the requirements of 
                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 comply with the specified conditions 
                for the use of grant moneys.
          ``(4) Assured access to funds.--Except as provided under 
        paragraph (7), not less than 30 percent of the funds 
        apportioned to a State in a fiscal year under section 104(h) 
        shall be reserved for uses relating to motorized recreation, 
        and not less than 30 percent of such funds shall be reserved 
        for uses relating to non-motorized recreation.
          ``(5) Environmental mitigation.--
                  ``(A) Requirement.--To the extent practicable and 
                consistent with other requirements of this section, in 
                complying with paragraph (4), a State should give 
                consideration to project proposals that provide for the 
                redesign, reconstruction, nonroutine maintenance, or 
                relocation of trails in order to mitigate and minimize 
                the impact to the natural environment.
                  ``(B) Guidance.--A recreational trail advisory 
                committee satisfying the requirements of subsection 
                (c)(2) shall issue guidance to a State for the purposes 
                of implementing subparagraph (A).
          ``(6) Diversified trail use.--
                  ``(A) Requirement.--To the extent practicable and 
                consistent with other requirements of this section, a 
                State shall expend funds apportioned to it under 
                section 104(h) in a manner that gives preference to 
                project proposals which--
                          ``(i) provide for the greatest number of 
                        compatible recreational purposes, including 
                        those described in subsection (g)(3); or
                          ``(ii) provide for innovative recreational 
                        trail corridor sharing to accommodate motorized 
                        and non-motorized recreational trail use.
                This paragraph shall remain effective with respect to a 
                State until such time as the State has allocated not 
                less than 40 percent of funds apportioned to it under 
                section 104(h) in such manner.
                  ``(B) Compliance.--The State shall receive guidance 
                for determining compliance with subparagraph (A) from 
                the recreational trail advisory committee satisfying 
                the requirements of subsection (c)(2).
          ``(7) Exemptions.--
                  ``(A) Small state.--Any State with a total land area 
                of less than 3,500,000 acres and in which nonhighway 
                recreational fuel use accounts for less than 1 percent 
                of all such fuel use in the United States shall be 
                exempted from the requirements of paragraph (4) upon 
                application to the Secretary by the State demonstrating 
                that it meets the conditions of this paragraph.
                  ``(B) State recreational trail advisory committee.--
                If approved by the State recreational trail advisory 
                committee satisfying the requirements of subsection 
                (c)(2), the State may be exempted from the requirements 
                of paragraph (4).
          ``(8) Continuing recreational use.--At the option of each 
        State, funds apportioned to it under section 104(h) may be 
        treated as Land and Water Conservation Fund moneys for the 
        purposes of section 6(f)(3) of the Land and Water Conservation 
        Fund Act.
          ``(9) Credit for donations of funds, materials, services, or 
        new right-of-way.--Nothing in this title or any other law shall 
        prevent a project sponsor from offering to donate funds, 
        materials, services, or new right-of-way for the purposes of a 
        project eligible for assistance. Any funds, or the fair market 
        value of any materials, services, or new right-of-way may be 
        donated by any project sponsor and shall be credited to the 
        non-Federal share in accordance with subsection (d). Any funds 
        or the fair market value of any materials or services may be 
        provided by a Federal project sponsor and shall be credited as 
        part of that Federal agency's share under subsection (d)(2).
          ``(10) Recreational purpose.--A project funded under this 
        section is intended to enhance recreational opportunity and is 
        not subject to the provisions of section 303 of title 49 or 
        section 138 of this title.
  ``(f) Coordination of Activities.--
          ``(1) Cooperation by federal agencies.--Each agency of the 
        United States that manages land on which a State proposes to 
        construct or maintain a recreational trail pursuant to this 
        section is encouraged to cooperate with the State and the 
        Secretary in planning and carrying out the activities described 
        in subsection (e). Nothing in this section diminishes or in any 
        way alters the land management responsibilities, plans, and 
        policies established by such agencies pursuant to other 
        applicable laws.
          ``(2) Cooperation by private persons.--
                  ``(A) Written assurances.--As a condition to making 
                available funds for work on recreational trails that 
                would affect privately owned land, a State shall obtain 
                written assurances that the owner of the property will 
                cooperate with the State and participate as necessary 
                in the activities to be conducted.
                  ``(B) Public access.--Any use of funds apportioned to 
                a State under section 104(h) on private lands must be 
                accompanied by an easement or other legally binding 
                agreement that ensures public access to the 
                recreational trail improvements funded by those funds.
  ``(g) Applicability of Chapter 1.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1; except that the Federal 
share payable for a project using such funds shall be determined in 
accordance with this section and such funds shall remain available 
until expended.
  ``(h) Definitions.--In this section, the following definitions apply:
          ``(1) Eligible state.--The term `eligible State' means a 
        State that meets the requirements of subsection (c).
          ``(2) Nonhighway recreational fuel.--The term `nonhighway 
        recreational fuel' has the meaning such term has under section 
        9503(c)(6) of the Internal Revenue Code of 1986.
          ``(3) Recreational trail.--The term `recreational trail' 
        means a thoroughfare or track across land or snow, used for 
        recreational purposes such as bicycling, cross-country skiing, 
        day hiking, equestrian activities (including carriage driving), 
        jogging or similar fitness activities, skating or 
        skateboarding, trail biking, overnight or long-distance 
        backpacking, snowmobiling, aquatic or water activity, or 
        vehicular travel by motorcycle, four-wheel drive or all-terrain 
        off-road vehicles, without regard to whether it is a `National 
        Recreation Trail' designated under section 4 of the National 
        Trails System Act (16 U.S.C. 1243).
          ``(4) Motorized recreation.--The term `motorized recreation' 
        means off-road recreation using any motor-powered vehicle, 
        except for motorized wheelchairs.''.
  (b) Conforming Amendment.--The analysis for chapter 2 is amended by 
inserting after the item relating to section 205 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. 115. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM.

  (a) In General.--The Secretary shall establish and implement a 
program to make allocations to States for coordinated planning, design, 
and construction of corridors of national significance, economic 
growth, and international or interregional trade. A State may apply to 
the Secretary for allocations under this section.
  (b) Eligibility of Corridors.--
          (1) In general.--The Secretary may make allocations under 
        this section only with respect to high priority corridors 
        identified in section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991.
          (2) Special rule.--In fiscal years 1998 through 2000, the 
        Secretary may make, on an interim basis pending identification 
        by Congress of high priority corridors as part of a law 
        provided for in section 508 of this Act, allocations under this 
        section for the creation or upgrade of any other significant 
        regional or multistate highway corridor not described in whole 
        or in part in paragraph (1) that the Secretary determines 
        would--
                  (A) facilitate international or interregional trade; 
                or
                  (B) 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) Environmental review.
          (5) Multistate and intrastate coordination for corridors 
        described in subsection (b).
          (6) Construction.
  (d) Corridor Development and Management Plan.--A State receiving an 
allocation under this section shall develop, in consultation with the 
Secretary, a development and management plan for the corridor 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 ensure that 
all States having jurisdiction over any portion of such corridor will 
participate in the development of such plan.
  (e) Applicability of Title 23.--Funds made available by section 
127(a)(3)(B) 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.
  (f) State Defined.--In this section, the term ``State'' has the 
meaning such term has under section 101 of title 23, United States 
Code.

SEC. 116. COORDINATED BORDER INFRASTRUCTURE AND SAFETY PROGRAM.

  (a) General Authority.--The Secretary shall establish and implement a 
coordinated border infrastructure and safety program under which the 
Secretary may make allocations to any border State 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 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;
          (4) modifications to regulatory procedures to expedite cross 
        border vehicle and cargo movements; and
          (5) international coordination of planning, programming, and 
        border operation with Canada and Mexico relating to expediting 
        cross border vehicle and cargo movements.
  (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) the extent to which the innovative and problem-solving 
        techniques of the proposed project would be applicable to other 
        international border crossings;
          (7) demonstrated local commitment to implement and sustain 
        continuing comprehensive border planning processes and 
        improvement programs; and
          (8) such other factors as the Secretary determines are 
        appropriate to promote border transportation efficiency and 
        safety.
  (d) State Motor Vehicle Safety Inspection Facilities.--Due to the 
increase in cross-border trade as a result of the Northern American 
Free Trade Agreement, of the amounts made available to carry out this 
section for a fiscal year, not to exceed $25,000,000 for fiscal year 
1998 and not to exceed $20,000,000 for each of fiscal years 1999 
through 2003 shall be available for the construction of State motor 
vehicle safety inspection facilities for the inspection by State 
authorities of commercial motor vehicles crossing the border to ensure 
the safety of such vehicles.
  (e) Allocations.--
          (1) Funds.--At least 40 percent of the funds made available 
        for carrying out this section shall be allocated for projects 
        in the vicinity of the border of the United States and Mexico, 
        and at least 40 percent of such funds shall be allocated for 
        projects in the vicinity of the border of the United States and 
        Canada.
          (2) Projects.--At least 2 of the projects in the vicinity of 
        the border of the United States with Mexico for which 
        allocations are made under this section and at least 2 of the 
        projects in the vicinity of the border of the United States and 
        Canada for which allocations are made under this section shall 
        be located at ports of entry with high annual volumes of 
        traffic.
  (f) Applicability of Title 23.--Funds authorized by section 
127(a)(3)(A) 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.
  (g) 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.

SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM.

  (a) Federal Share Payable.--Section 120 is amended--
          (1) in subsection (e)--
                  (A) by striking ``(c)'' and inserting ``(b)''; and
                  (B) by striking ``90'' and inserting ``120''; and
          (2) by adding at the end the following:
  ``(j) Funds Appropriated to a Federal Land Managing Agency.--
Notwithstanding any other provision of law, the funds appropriated to 
any Federal land managing agency may be used as the non-Federal share 
payable on account of any Federal-aid highway project the Federal share 
of which is payable with funds apportioned under section 104 or 144 or 
allocated under the Federal scenic byways program.
  ``(k) Funds Appropriated for Federal Lands Highways Program.--
Notwithstanding any other provision of law, funds appropriated for 
carrying out the Federal lands highways program under section 204 may 
be used as the non-Federal share payable on account of any project that 
is carried out with funds apportioned under section 104 or 144 or 
allocated under the Federal scenic byways program if the project will 
provide access to, or be carried out within, Federal or Indian 
lands.''.
  (b) Allocations.--Section 202 is amended--
          (1) by striking subsection (b) and inserting the following:
  ``(b) Allocation of Sums Authorized for Public Lands Highways.--
          ``(1) In general.--On October 1 of each fiscal year and after 
        making the transfer provided for in section 204(i), the 
        Secretary shall allocate the sums authorized to be appropriated 
        for such fiscal year for public lands highways for 
        transportation projects within the boundaries of those States 
        having unappropriated or unreserved public lands, nontaxable 
        Indian lands, or other Federal reservations, on the basis of 
        need in such States, respectively, as determined by the 
        Secretary from applications for such funds by Federal land 
        managing agencies, Indian tribal governments, and States.
          ``(2) Preference.--In allocating sums under paragraph (1), 
        the Secretary shall give preference to those projects that are 
        significantly impacted by Federal land, recreation, or resource 
        management activities that are proposed within the boundaries 
        of a State in which at least 3 percent of the total public 
        lands in the United States are located.''; and
          (2) by adding at the end the following:
  ``(e) Forest Highways.--
          ``(1) Allocation of funds.--On October 1 of each fiscal year 
        and after making the transfer provided for in section 204(g), 
        the Secretary shall allocate the sums authorized to be 
        appropriated for such fiscal year for forest highways as 
        provided in section 134 of the Federal-Aid Highway Act of 1987.
          ``(2) Project selection.--With respect to allocations under 
        this subsection, the Secretary shall give priority to projects 
        that provide access to and within the National Forest System, 
        as identified by the Secretary of Agriculture through renewable 
        resources and land use planning and the impact of such planning 
        on existing transportation facilities.''.
  (c) Availability of Funds.--Section 203 is amended--
          (1) by striking ``Funds authorized for,'' and inserting ``(a) 
        In General.--Funds authorized for forest highways,'';
          (2) in the fourth sentence by inserting ``forest highways'' 
        after ``any fiscal year for''; and
          (3) by adding at the end the following:
  ``(b) Time of Obligation.--Notwithstanding any other provision of 
law, the Secretary's authorization of engineering and related work for 
a Federal lands highways program project or the Secretary's approval of 
plans, specifications, and estimates for construction of a Federal 
lands highways program project shall be deemed to constitute a 
contractual obligation of the Federal Government for the payment of its 
contribution to such project.''.
  (d) Award of Contracts; Transfers--Section 204 is amended--
          (1) in subsection (a) to read as follows:
  ``(a) Recognizing the need for all Federal roads that are public 
roads to be treated under uniform policies similar to those that apply 
to Federal-aid highways, there is established a coordinated Federal 
Lands Highways Program which shall consist of forest highways, public 
lands highways, park roads and parkways, and Indian reservation roads 
and bridges. The Secretary, in cooperation with the Secretary of the 
appropriate Federal land managing agency, shall develop transportation 
planningprocedures which are consistent with the metropolitan and 
Statewide planning processes in sections 134 and 135 of this title. The 
transportation improvement program developed as a part of the 
transportation planning process under this section shall be approved by 
the Secretary. All regionally significant Federal Lands Highway Program 
projects shall be developed in cooperation with States and metropolitan 
planning organizations and be included in appropriate Federal Lands 
Highways Program, State, and metropolitan plans and transportation 
improvement programs. The approved Federal Lands Highways Program 
transportation improvement program shall be included in appropriate 
State and metropolitan planning organization plans and programs without 
further action thereon. The Secretary and the Secretary of the 
appropriate Federal land managing agency shall develop appropriate 
safety, bridge, and pavement management systems for roads funded under 
the Federal Lands Highways Program.'';
          (2) by striking the first three sentences of subsection (b) 
        and inserting ``Funds available for forest highways, public 
        lands highways, park roads and parkways, and Indian reservation 
        roads shall be used by the Secretary and the Secretary of the 
        appropriate Federal land managing agency to pay for the cost of 
        transportation planning, research, engineering, and 
        construction thereof. The Secretary and the Secretary of the 
        appropriate Federal land managing agency, as appropriate, may 
        enter into construction contracts and such other contracts with 
        a State or civil subdivision thereof or Indian tribe to carry 
        out this subsection.'';
          (3) in the first sentence of subsection (e) by striking 
        ``Secretary of the Interior'' and inserting ``Secretary of the 
        appropriate Federal land managing agency''; and
          (4) by striking subsection (i) and inserting the following:
  ``(i) Transfers to Secretaries of Federal Land Managing Agencies.--
The Secretary shall transfer to the appropriate Federal land managing 
agency from the appropriation for public lands highways such amounts as 
may be needed to cover--
          ``(1) necessary administrative costs of such agency in 
        connection with public lands highways; and
          ``(2) the cost to such agency of conducting necessary 
        transportation planning serving Federal lands if funding for 
        such planning is otherwise not provided in this section.''.
  (e) 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, together with an 
        assessment of the impacts (including environmental, aesthetic, 
        economic, and historic 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) $500,000 for fiscal year 1998 to carry 
        out this subsection.
          (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.
  (f) 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 are authorized to 
        be appropriated out of the Highway Trust Fund (other than the 
        Mass Transit Account) $5,000,000 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.
  (g) New River Parkway.--Of amounts available under section 
102(a)(11)(C) of this Act, the Secretary shall allocate $1,300,000 for 
fiscal year 1998, $1,200,000 for fiscal year 1999, and $9,900,000 for 
fiscal year 2000 to the Secretary of the Interior for the planning, 
design, and construction of a visitors center, and such other related 
facilities as may be necessary, to facilitate visitor understanding and 
enjoyment of the scenic, historic, cultural, and recreational resources 
accessible by the New River Parkway 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 intersection 
of the New River Parkway and I-64. Such funds shall remain available 
until expended.
  (h) 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) Funding.--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.

SEC. 118. NATIONAL SCENIC BYWAYS PROGRAM.

  (a) In General.--Chapter 1 is amended by adding at the end the 
following:

``Sec. 162. National scenic byways program

  ``(a) Designation of Roads.--The Secretary shall carry out a national 
scenic byways program that recognizes roads having outstanding scenic, 
historic, cultural, natural, recreational, and archaeological qualities 
by designating them as `National Scenic Byways' or `All-American 
Roads'. The Secretary shall designate roads to be recognized under the 
national scenic byways program in accordance with criteria developed by 
the Secretary. To be considered for such designation, a road must be 
nominated by a State or Federal land management agency and must first 
be designated as a State scenic byway or, for roads on Federal lands, 
as a Federal land management agency byway.
  ``(b) Allocations and Technical Assistance.--
          ``(1) General authority.--The Secretary shall make 
        allocations and provide technical assistance to States to--
                  ``(A) implement projects on highways designated as 
                National Scenic Byways or All-American Roads, or as 
                State scenic byways; and
                  ``(B) plan, design, and develop a State scenic byways 
                program.
          ``(2) Priority projects.--In making allocations under this 
        subsection, the Secretary shall give priority to--
                  ``(A) eligible projects along highways that are 
                designated as National Scenic Byways or All-American 
                Roads;
                  ``(B) eligible projects on State-designated scenic 
                byways that are undertaken to make them eligible for 
                designation as National Scenic Byways or All-American 
                Roads; and
                  ``(C) eligible projects that will assist the 
                development of State scenic byways programs.
  ``(c) Eligible Projects.--The following are projects that are 
eligible for Federal assistance under this section:
          ``(1) Activities related to planning, design, or development 
        of State scenic byway programs.
          ``(2) Development of corridor management plans for scenic 
        byways.
          ``(3) Safety improvements to a scenic byway to the extent 
        such improvements are necessary to accommodate increased 
        traffic and changes in the types of vehicles using the highway 
        due to such designation.
          ``(4) Construction along a scenic byway of facilities for 
        pedestrians and bicyclists, rest areas, turnouts, highway 
        shoulder improvements, passing lanes, overlooks, and 
        interpretive facilities.
          ``(5) Improvements to a scenic byway that will enhance access 
        to an area for the purpose of recreation, including water-
        related recreation.
          ``(6) Protection of historical, archaeological, and cultural 
        resources in areas adjacent to scenic byways.
          ``(7) Development and provision of tourist information to the 
        public, including interpretive information about scenic byways.
          ``(8) development and implementation of scenic byways 
        marketing programs.
  ``(d) Federal Share.--The Federal share payable on account of any 
project carried out under this section shall be determined in 
accordance with section 120(b) of this title. For any scenic byways 
project along a public road that provides access to or within Federal 
or Indian lands, a Federal land management agency may use funds 
authorized for its use as the non-Federal share of the costs of the 
project.
  ``(e) Protection of Scenic Integrity.--
          ``(1) Scenic integrity.--The Secretary shall not make an 
        allocation under this section for any project that would not 
        protect the scenic, historic, recreational, cultural, natural, 
        and archaeological integrity of a highway and adjacent areas.
          ``(2) Savings clause.--The Secretary shall not make any 
        grant, provide technical assistance, or impose any requirement 
        on a State under this section that is inconsistent with the 
        authority of the State provided in this chapter.''.
  (b) Conforming Amendment.--The analysis for chapter 1 is amended by 
adding at the end the following new item:

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

  (c) 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 which 
        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.

SEC. 119. VARIABLE PRICING PILOT PROGRAM.

  (a) Establishment.--The Secretary shall establish and implement a 
variable pricing program. In implementing such program, the Secretary 
shall solicit the participation of State and local governments and 
public authorities for 1 or more variable pricing pilot programs. The 
Secretary may enter into cooperative agreements with as many as 15 of 
such governments and public authorities to conduct and monitor the 
pilot programs.
  (b) Federal Share Payable.--The Federal share payable for a pilot 
program under this section shall be 80 percent of the aggregate cost of 
the program and the Federal share payable for any portion of a project 
conducted under the program may not exceed 100 percent.
  (c) Implementation Costs.--The Secretary may fund all pre-
implementation costs, including public education and project design, 
and all of the development and startup costs of a pilot project under 
this section, including salaries and expenses, until such time that 
sufficient revenues are being generated by the program to fund its 
operating costs without Federal participation; except that the 
Secretary may not fund the pre-implementation, development, and startup 
costs of a pilot project for more than 3 years.
  (d) Use of Revenues.--Revenues generated by any pilot project under 
this section must be applied to projects eligible for assistance under 
title 23, United States Code.
  (e) Collection of Tolls.--Notwithstanding sections 129 and 301 of 
title 23, United States Code, the Secretary shall allow the use of 
tolls on the Interstate System as part of a pilot program under this 
section, but not as part of more than 3 of such programs.
  (f) Financial Effects on Low-Income Drivers.--Any pilot program 
conducted under this section shall include 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.
  (g) Reports to Congress.--The Secretary shall monitor the effect of 
the pilot programs conducted for a period of at least 10 years and 
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 biennially on the effects such programs are 
having on driver behavior, traffic volume, transit ridership, air 
quality, drivers of all income levels, and availability of funds for 
transportation programs.
  (h) HOV Passenger Requirements.--Notwithstanding section 102 of title 
23, United States Code, a State may permit vehicles with fewer than 2 
occupants to operate in high-occupancy vehicle lanes if such vehicles 
are part of a pilot program being conducted under this section.
  (i) Period of Availability.--Funds allocated by the Secretary under 
this section shall remain available for obligation by the State for a 
period of 3 years after the last day of the fiscal year for which such 
funds are authorized. Any amounts allocated under this section that 
remain unobligated at the end of such period and any amounts authorized 
under subsection (i) that remain unallocated by the end of such period 
shall be transferred to a State's apportionment under section 104(b)(3) 
of title 23, United States Code, and shall be treated in the same 
manner as other funds apportioned under such section.
  (j) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that the Federal share of the cost of any project under 
this section and the availability of such funds shall be determined in 
accordance with this section.
  (k) Repeal.--Section 1012(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is 
repealed.

SEC. 120. TOLL ROADS, BRIDGES, AND TUNNELS.

  (a) Federal Share Payable.--Section 120 is amended by adding at the 
end the following:
  ``(l) Credit for Non-Federal Share.--
          ``(1) Eligibility.--A State may use as a credit toward the 
        non-Federal matching share requirement for any funds made 
        available to carry out this title (other than the emergency 
        relief program authorized in 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) Agreements.--In receiving a credit for non-
                Federal capital expenditures under this subsection, a 
                State shall enter into such agreements as the Secretary 
                may require to ensure that the State will maintain its 
                non-Federal transportation capital expenditures at or 
                above the average level of such expenditures for the 
                preceding 3 fiscal years.
          ``(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, laws, or 
                        regulations as a result of providing the non-
                        Federal match 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 for a non-Federal share under this subsection, 
                such credit shall be applied equally to all charter 
                States.''.
  (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.--In order to be eligible to participate in 
        the pilot program, a State shall submit to the 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 
                such 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 such 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 which will be responsible 
                        for implementation and administration of the 
                        pilot toll reconstruction and rehabilitation 
                        program; and
                          (iv) a description of whether consideration 
                        will be given to privatizing the maintenance 
                        and operational aspects of the converted 
                        facility, while retaining legal and 
                        administrative control of the Interstate route 
                        section.
                  (E) 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 the following:
                  (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.
                  (E) The State has given preference to the use of an 
                existing 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 debt service, for 
                reasonable return on investment of any private person 
                financing the project, and for 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)(5) 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 section 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 same meaning such term has under 
        section 101(a) of title 23, United States Code.
  (c) Bridge Reconstruction or Replacement.--Section 129(a)(1)(C) is 
amended by striking ``toll-free bridge or tunnel'' and inserting 
``toll-free major bridge or toll-free tunnel''.

SEC. 121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

  (a) Obligation of Amounts.--Section 1064(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 
2005) is amended to read as follows:
  ``(c) Obligation of Amounts.--Amounts made available out of the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
this section may be obligated at the discretion of the Secretary. Such 
sums shall remain available until expended.''.
  (b) 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 operations; 
                        and
                  (B) to identify potential domestic ferry routes in 
                the United States and its possessions and to develop 
                information on those routes.
          (2) Report.--The Secretary shall submit a report on the 
        results of the study required under paragraph (1) to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
  (c) Ferry Operating and Leasing Amendments.--Section 129(c) is 
amended--
          (1) in paragraph (3) by striking ``owned.'' and inserting 
        ``owned or operated.''; and
          (2) in paragraph (6) by striking ``sold, leased, or'' and 
        inserting ``sold or''.

SEC. 122. HIGHWAY USE TAX EVASION PROJECTS.

  (a) Applicability of Title 23.--Section 1040(f) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 
Stat. 1992) is amended to read as follows:
  ``(f) Applicability of Title 23.--Funds made available out of the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
this section shall be available for obligation in the same manner and 
to the same extent as if such funds were apportioned under chapter 1 of 
title 23, United States Code; except that the Federal share of the cost 
of any project carried out under this section shall be 100 percent and 
such funds shall remain available for obligation for a period of 1 year 
after the last day of the fiscal year for which the funds are 
authorized.''.
  (b) Automated Fuel Reporting System.--Section 1040 of such Act (23 
U.S.C. 101 note; 105 Stat. 1992) is amended by redesignating subsection 
(g) as subsection (h) and by inserting after subsection (f) the 
following:
  ``(g) Automated Fuel Reporting System.--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.''.
  (c) Technical Amendment.--Section 1040(a) of such Act (23 U.S.C. 101 
note; 105 Stat. 1992) is amended by striking ``by subsection (e)''.

SEC. 123. PERFORMANCE BONUS PROGRAM.

  (a) Study.--The Secretary shall develop performance-based criteria 
for the distribution of not to exceed 5 percent of the funds from each 
of the following programs:
          (1) The Interstate maintenance program under section 119 of 
        title 23, United States Code.
          (2) The bridge program under section 144 of such title.
          (3) The high risk road safety improvement program under 
        section 154 of such title.
          (4) The surface transportation program under section 133 of 
        such title.
          (5) The congestion mitigation and air quality improvement 
        program under section 149 of such title.
  (b) Requirements for Development of Criteria.--Performance-based 
criteria developed by the Secretary under subsection (a) shall assess 
on a statewide basis the following:
          (1) For the Interstate maintenance program, whether pavement 
        conditions on routes on the Interstate System in the State have 
        consistently been of a high quality or have recently improved.
          (2) For the bridge program, whether the percentage of 
        deficient bridges in the State has consistently been low or has 
        recently decreased.
          (3) For the high risk road safety improvement program, 
        whether the level of safety on highways in the State has 
        consistently been high or has recently improved.
          (4) For the surface transportation program, whether the level 
        of financial effort in State funding for highway and transit 
        investments has been high or has recently increased.
          (5) For the congestion mitigation and air quality improvement 
        program, whether the environmental performance of the 
        transportation system has been consistently high or has 
        improved.
  (c) Required Submission.--Not later than 18 months after the date of 
the enactment of this Act, 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 the performance-based criteria developed under subsection 
(a).

SEC. 124. METROPOLITAN PLANNING.

  (a) General Requirements.--Section 134(a) is amended by inserting 
after ``and goods'' the following: ``and foster economic growth and 
development''.
  (b) Coordination of MPOs.--Section 134(e) is amended--
          (1) in the subsection heading by striking ``MPO's'' and 
        inserting ``MPOs'';
          (2) by inserting before ``If'' the following: ``(1) 
        Nonattainment areas.--'';
          (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 one metropolitan 
        planning organization, the metropolitan planning organizations 
        shall coordinate plans regarding the project.''; and
          (4) by indenting paragraph (1), as designated by paragraph 
        (2) of this subsection, and aligning such paragraph (1) with 
        paragraph (2), as added by paragraph (3) of this subsection.
  (c) Goals and Objectives of Planning Process.--Section 134(f) is 
amended to read as follows:
  ``(f) Goals and Objectives of Planning Process.--To the extent that 
the metropolitan planning organization determines appropriate, the 
metropolitan transportation planning process may include consideration 
of goals and objectives that--
          ``(1) support the economic vitality of the metropolitan area, 
        especially by enabling global competitiveness, productivity, 
        and efficiency;
          ``(2) increase the safety and security of the transportation 
        system for all users;
          ``(3) increase the accessibility and mobility for people and 
        freight;
          ``(4) protect and enhance the environment, conserve energy, 
        and enhance quality of life;
          ``(5) enhance the integration and connectivity of the 
        transportation system, across and between modes, for people and 
        freight;
          ``(6) promote efficient system utilization and operation; and
          ``(7) preserve and optimize the existing transportation 
        system.
This subsection shall apply to the development of long-range 
transportation plans and transportation improvement programs.''.
  (d) Long-Range Plan.--Section 134(g) is amended--
          (1) in paragraph (1) by inserting ``transportation'' after 
        ``long-range'';
          (2) in paragraph (2) by striking ``, at a minimum'' and 
        inserting ``contain, at a minimum, the following'';
          (3) in paragraph (2)(A)--
                  (A) by striking ``Identify'' and inserting ``An 
                identification of''; and
                  (B) by striking ``shall consider'' and inserting 
                ``may consider'';
          (4) by striking paragraph (2)(B) and inserting the following:
                  ``(B) A financial plan that demonstrates how the 
                adopted transportation plan can be implemented, 
                indicates resources from public and private sources 
                that are reasonably expected to be made available to 
                carry out the plan and recommends any additional 
                financing strategies for needed projects and programs. 
                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. For the purpose of 
                developing the transportation plan, the metropolitan 
                planning organization and State shall cooperatively 
                develop estimates of funds that will be available to 
                support plan implementation.'';
          (5) in paragraph (4) by inserting after ``employees,'' the 
        following: ``freight shippers and providers of freight 
        transportation services,''; and
          (6) in paragraph (5) by inserting ``transportation'' before 
        ``plan prepared''.
  (e) Transportation Improvement Program.--Section 134(h) is amended--
          (1) in paragraph (1), by striking ``2 years'' and inserting 
        ``3 years''; and
          (2) by adding at the end of paragraph (2)(B) the following: 
        ``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) Transportation Management Areas.--Section 134(i) is amended--
          (1) in paragraph (4) by inserting after ``System'' each place 
        it appears the following: ``, under the high risk road safety 
        program,''; and
          (2) in paragraph (5)--
                  (A) by striking ``(1)'' and inserting ``(A)''; and
                  (B) by striking ``(2)'' and inserting ``(B)''.

SEC. 125. STATEWIDE PLANNING.

  (a) Scope of Planning Process.--Section 135(c) is amended to read as 
follows:
  ``(c) Scope of the Planning Process.--To the extent that a State 
determines appropriate, the State may consider goals and objectives in 
the transportation planning process that--
          ``(1) support the economic vitality of the Nation, its States 
        and metropolitan areas, especially by enabling global 
        competitiveness, productivity and efficiency;
          ``(2) increase the safety and security of the transportation 
        system for all users;
          ``(3) increase the accessibility and mobility for people and 
        freight;
          ``(4) protect and enhance the environment, conserve energy, 
        and enhance the quality of life;
          ``(5) enhance the integration and connectivity of the 
        transportation system, across and between modes throughout the 
        State for people and freight;
          ``(6) promote efficient system utilization and operation; and
          ``(7) preserve and optimize the existing transportation 
        system.''.
  (b) Additional Considerations.--Section 135(d) is amended--
          (1) in the subsection heading by striking ``Requirements'' 
        and inserting ``Considerations''; and
          (2) by striking ``shall, at a minimum,'' and inserting 
        ``may''.
  (c) Long-Range Plan.--Section 135(e) is amended by inserting after 
``representatives,'' the following: ``freight shippers and providers of 
freight transportation services,''.
  (d) Transportation Improvement Program.--Section 135(f) is amended--
          (1) by inserting after the second sentence of paragraph (1) 
        the following: ``With respect to nonmetropolitan areas of the 
        State (areas with less than 50,000 population), the program 
        shall be developed by the State, in cooperation with elected 
        officials of affected local governments and elected officials 
        of subdivisions of affected local governments which have 
        jurisdiction over transportation planning, through a process 
        developed by the State which ensures participation by such 
        elected officials.'';
          (2) in paragraph (1) by inserting after ``representatives,'' 
        the following: ``freight shippers and providers of freight 
        transportation services,'';
          (3) in paragraph (2) by inserting before the last sentence 
        the following: ``The program may include, for illustrative 
        purposes, additional projects that would be included in the 
        program if reasonable additional resources were available.'';
          (4) in paragraph (3) by inserting after ``System'' each place 
        it appears the following: ``, under the high risk road safety 
        program,'';
          (5) in the heading to paragraph (4) by striking ``Biennial'' 
        and inserting ``Triennial''; and
          (6) in paragraph (4) by striking ``biennially'' and inserting 
        ``triennially''.
  (e) 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 State, local rural officials, and regional planning and 
        development organizations in different States.
          (2) Report.--Not later than 2 years after the date of the 
        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. 126. ROADSIDE SAFETY TECHNOLOGIES.

  (a) Crash Cushions.--
          (1) Guidance.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall initiate and issue a 
        guidance regarding the benefits and safety performance of 
        redirective and nonredirective crash cushions in different road 
        applications, taking into consideration roadway conditions, 
        operating speed limits, the location of the crash cushion in 
        the right-of-way, and any other relevant factors. The guidance 
        shall include recommendations on the most appropriate 
        circumstances for utilization of redirective and nonredirective 
        crash cushions.
          (2) Use of guidance.--States shall use the guidance issued 
        under this subsection in evaluating the safety and cost-
        effectiveness of utilizing different crash cushion designs and 
        determining whether 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) Factors 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 
                restoring 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) use of 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 1 year after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        Congress on the results of the study. The report shall include 
        findings and recommendations for the use of the identified 
        technologies to provide positive separation on appropriate 
        projects and locations. The Secretary shall provide the report 
        to the States for their use on appropriate projects on the 
        National Highway System and other Federal-aid highways.

SEC. 127. DISCRETIONARY PROGRAM AUTHORIZATIONS.

  (a) Executive Branch Discretionary Programs.--
          (1) Bridge discretionary program.--The amount set aside by 
        the Secretary under section 144(g)(2) of title 23, United 
        States Code, shall be $100,000,000 for each of fiscal years 
        1998 through 2003.
          (2) High cost interstate system reconstruction and 
        improvement program.--The amount the Secretary shall allocate 
        for the high cost Interstate System reconstruction and 
        improvement program under section 160(c)(2) of title 23, United 
        States Code, shall not be more than $100,000,000 for fiscal 
        year 1998, $100,000,000 for fiscal year 1999, $250,000,000 for 
        fiscal year 2000, $252,000,000 for fiscal year 2001, 
        $252,000,000 for fiscal year 2002, and $397,000,000 for fiscal 
        year 2003.
          (3) Additional executive branch discretionary programs.--Of 
        amounts made available by section 102(a)(8) of this Act, the 
        following sums shall be available:
                  (A) Coordinated border infrastructure and safety 
                program.--For the coordinated border infrastructure and 
                safety program under section 116 of this Act 
                $70,000,000 for fiscal year 1998, $100,000,000 for 
                fiscal year 1999, and $100,000,000 for each of fiscal 
                years 2000 through 2003.
                  (B) National corridor planning and development 
                program.--For the national corridor planning and 
                development program under section 115 of this Act 
                $50,000,000 for fiscal year 1998, $200,000,000 for 
                fiscal year 1999, and $250,000,000 for each of fiscal 
                years 2000 through 2003.
                  (C) 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) $18,000,000 
                for each of fiscal years 1998 through 2003.
                  (D) National scenic byways program.--For the national 
                scenic byway program under section 162 of title 23, 
                United States Code, $30,000,000 for each of fiscal 
                years 1998 through 2003.
                  (E) Variable pricing pilot program.--For the variable 
                pricing pilot program under section 119 of this Act 
                $10,000,000 for fiscal year 1998 and $14,000,000 for 
                each of fiscal years 1999 through 2003.
                  (F) Highway research.--For highway research under 
                sections 307, 308, and 325 of title 23, United States 
                Code, $150,000,000 for fiscal year 1998, $185,000,000 
                for fiscal year 1999, and $195,000,000 for each of 
                fiscal years 2000 through 2003.
                  (G) Transportation education, professional training, 
                and technology deployment.--For transportation 
                education, professional training, and technology 
                deployment under sections 321, 322, and 326 of title 
                23, United States Code, and section 5505 of title 49, 
                United States Code, $50,000,000 for each of fiscal 
                years 1998 and 1999 and $55,000,000 for each of fiscal 
                years 2000 through 2003.
                  (H) Transportation technology innovation and 
                demonstration program.--For Transportation technology 
                innovation and demonstration program under section 632 
                of this Act $43,667,000 for fiscal year 1998, 
                $44,667,000 for fiscal year 1999, $48,167,000 for 
                fiscal year 2000, $47,717,000 for fiscal year 2001, 
                $47,967,000 for fiscal year 2002, and $48,217,000 for 
                fiscal year 2003.
                  (I) Intelligence transportation systems programs.--
                For intelligence transportation systems programs under 
                subtitle B of title VI of this Act $175,000,000 for 
                each of fiscal years 1998 through 2003.
          (4) Transportation assistance for olympic cities.--There is 
        authorized to be appropriated to carry out section 130 of this 
        Act, relating to transportation assistance for Olympic cities, 
        such sums as may be necessary for fiscal years 1998 through 
        2003.
  (b) Legislative Branch Discretionary Programs.--Section 104 is 
amended by redesignating subsection (j) as subsection (k) and by 
inserting after subsection (i) the following:
  ``(j) High Priority Projects Program.--
          ``(1) In general.--Of amounts made available by section 
        102(a)(8) of the Building Efficient Surface Transportation and 
        Equity Act of 1998, $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 
        for fiscal year 2002, and $1,771,655,000 for fiscal year 2003 
        shall be available for high priority projects in accordance 
        with this subsection. Such funds shall remain available until 
        expended.
          ``(2) Authorization of high priority projects.--The Secretary 
        is authorized to carry out high priority projects with funds 
        made available by paragraph (1). Of amounts made available by 
        paragraph (1), the Secretary, subject to paragraph (3), shall 
        make available to carry out each project described in section 
        127(c) of such Act the amount listed for such project in such 
        section. Any amounts made available by this subsection that are 
        not allocated for projects described in section 127(c) shall be 
        available to the Secretary, subject to paragraph (3), to carry 
        out such other high priority projects as the Secretary 
        determines appropriate.
          ``(3) Allocation percentages.--For each project to be carried 
        out with funds made available by paragraph (1)--
                  ``(A) 11 percent of the amount allocated by such 
                section shall be available for obligation beginning in 
                fiscal year 1998;
                  ``(B) 15 percent of such amount shall be available 
                for obligation beginning in fiscal year 1999;
                  ``(C) 18 percent of such amount shall be available 
                for obligation beginning in fiscal year 2000;
                  ``(D) 18 percent of such amount shall be available 
                for obligation beginning in fiscal year 2001;
                  ``(E) 19 percent of such amount shall be available 
                for obligation beginning in fiscal year 2002; and
                  ``(F) 19 percent of such amount shall be available 
                for obligation beginning in fiscal year 2003.
          ``(4) Federal share.--The Federal share payable on account of 
        any project carried out with funds made available by paragraph 
        (1) shall be 80 percent of the total cost thereof.
          ``(5) Delegation to states.--Subject to the provisions of 
        title 23, United States Code, the Secretary shall delegate 
        responsibility for carrying out a project or projects, with 
        funds made available by paragraph (1), to the State in which 
        such project or projects are located upon request of such 
        State.
          ``(6) Advance construction.--When a State which has been 
        delegated responsibility for a project under this subsection--
                  ``(A) has obligated all funds allocated under this 
                subsection of such Act for such project; and
                  ``(B) 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 subsection and such section 127(c).
          ``(7) Nonapplicability of obligation limitation.--Funds made 
        available by paragraph (1) shall not be subject to any 
        obligation limitation.''.
  (c) High Priority Projects.--Subject to section 104(j)(3) 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 104(j) of such title) for fiscal years 1998 
through 2003 to carry out each such project:

------------------------------------------------------------------------
                                                             [Dollars in
                                                              Millions] 
------------------------------------------------------------------------
   1 Dist. of Col.                   Implement traffic                  
                                      signalization,                    
                                      freeway management                
                                      and motor vehicle                 
                                      information                       
                                      systems,                          
                                      Washington, D.C....        8.000  
   2 West Virginia                   Upgrade US 340                     
                                      between West                      
                                      Virginia/Virginia                 
                                      State line and the                
                                      Charles Town Bypass        6.500  
   3 New York                        Construct bridge                   
                                      deck over the Metro               
                                      North right-of-way                
                                      along Park Ave.                   
                                      between E. 188th                  
                                      and 189th Streets..        0.750  
   4 Oregon                          Upgrade access road                
                                      and related                       
                                      facilities to Port                
                                      Orford, Port Orford        1.500  
   5 Minnesota                       Upgrade Perpich                    
                                      Memorial from 2                   
                                      miles south of                    
                                      Biwabik to CSAH 111        2.800  
   6 Indiana                         Upgrade Route 31 and               
                                      other roads, St.                  
                                      Joseph and Elkhart                
                                      Counties...........        7.000  
   7 Illinois                        Upgrade Western                    
                                      Ave., Park Forest..        0.126  
   8 Washington                      Undertake FAST                     
                                      Corridor                          
                                      improvements with                 
                                      the amounts                       
                                      provided as                       
                                      follows:                          
                                      $16,000,000 to                    
                                      construct the North               
                                      Duwamish Intermodal               
                                      Project, $4,500,000               
                                      for the Port of                   
                                      Tacoma Road                       
                                      project, $3,000,000               
                                      for the SW Third                  
                                      St./BSNF project in               
                                      Auburn, $2,000,000.       32.000  
   9 Dist. of Col.                   Implement                          
                                      Geographical                      
                                      Information System,               
                                      Washington, D.C....       10.000  
  10 New York                        Reconstruct Niagara                
                                      St., Quay St., and                
                                      8th St. including                 
                                      realignment of Qual               
                                      St. and 8th Ave. in               
                                      Niagara Falls......        3.500  
  11 California                      Construct the San                  
                                      Fernando Valley                   
                                      Regional                          
                                      Transportation Hub                
                                      in Los.............        0.500  
  12 Washington                      Construct Cross Base               
                                      Corridor, Fort                    
                                      Lewis-McChord AFB..        0.500  
  13 Illinois                        Rehabilitate 95th                  
                                      Street between 54th               
                                      Place and 50th                    
                                      Avenue, Oak Lawn...        0.600  
  14 Virginia                        Reconstruct SR 168                 
                                      (Battlefield Blvd.)               
                                      in Chesapeake......        8.000  
  15 New York                        Construct                          
                                      interchange and                   
                                      connector road                    
                                      using ITS testbed                 
                                      capabilities at I-                
                                      90 Exit 8..........       13.000  
  16 Minnesota                       Trunk Highway 53 DWP               
                                      railroad bridge                   
                                      replacement, St.                  
                                      Louis Co...........        4.800  
  17 Illinois                        Resurface Cicero                   
                                      Ave. between 127th                
                                      St. and 143rd St.,                
                                      Chicago............        0.610  
  18 Illinois                        Undertake                          
                                      improvements to                   
                                      127th Street,                     
                                      Cicero Avenue and                 
                                      Route 83 to improve               
                                      safety and                        
                                      facilitate traffic                
                                      flow, Crestwood....        1.000  
  19 Illinois                        Construct I-57                     
                                      interchange, Coles                
                                      Co.................       15.000  
  20 Connecticut                     Construct Harford                  
                                      Riverwalk South,                  
                                      Hartford...........        3.520  
  21 Virgin Islands                  Upgrade West-East                  
                                      corridor through                  
                                      Charlotte Amalie...        8.000  
  22 Connecticut                     Improve pedestrian                 
                                      and bicycle                       
                                      connections between               
                                      Union Station and                 
                                      downtown New London        4.520  
  23 North Carolina                  Upgrade US 13                      
                                      (including Ahoskie                
                                      bypass) in Bertie                 
                                      and Hertford                      
                                      Counties...........        1.000  
  24 Wisconsin                       Construct Chippewa                 
                                      Falls Bypass.......        6.000  
  25 Mississippi                     Upgrade Brister Rd.                
                                      between Tutwiler                  
                                      and Coahoma County                
                                      line, Tallahatchie                
                                      Co.................        0.510  
  26 Florida                         Construct                          
                                      improvements to JFK               
                                      Boulevard,                        
                                      Eatonville.........        1.000  
  27 Illinois                        Reconstruct                        
                                      Greenbriar Rd. with               
                                      construction of new               
                                      turn lanes in                     
                                      vicinity of John A.               
                                      Logan College in                  
                                      Carterville........        1.400  
  28 Connecticut                     Construct overlook                 
                                      and access to                     
                                      Niantic Bay........        3.080  
  29 California                      Construct sound                    
                                      walls along SR23 in               
                                      Thousand Oaks......        2.532  
  30 Mississippi                     Construct I-20 /                   
                                      Norrell Road                      
                                      interchange, Hinds                
                                      County.............        5.000  
  31 North Carolina                  Upgrade I-85,                      
                                      Mecklenburg and                   
                                      Cabarrus Counties..       26.000  
  32 New Jersey                      Construct,                         
                                      reconstruct and                   
                                      integrate multi-                  
                                      transportation                    
                                      modes to establish                
                                      intermodal                        
                                      transportation                    
                                      corridor and center               
                                      between Elizabeth                 
                                      and Newark.........        4.000  
  33 Texas                           Road improvements                  
                                      along historic                    
                                      mission trails in                 
                                      San Antonio........        2.500  
  34 Mississippi                     Construct Lincoln                  
                                      Road extension,                   
                                      Lamar Co...........        1.500  
  35 Texas                           Upgrade JFK                        
                                      Causeway, Corpus                  
                                      Christi............        3.000  
  36 Florida                         Enhance access to                  
                                      Gateway Marketplace               
                                      through                           
                                      improvements to                   
                                      access roads,                     
                                      Jacksonville.......        1.200  
  37 California                      Implement traffic                  
                                      management                        
                                      improvements,                     
                                      Grover Beach.......        0.500  
  38 California                      Construct Chatsworth               
                                      Depot Bicycle and                 
                                      Pedestrian Access                 
                                      project, Los.......        0.492  
  39 California                      Reconstruct Palos                  
                                      Verdes Drive, Palos               
                                      Verdes Estates.....        0.450  
  40 Wisconsin                       Construct freeway                  
                                      conversion project                
                                      on Highway 41                     
                                      between Kaukauna                  
                                      and Brown County                  
                                      Highway F..........       20.000  
  41 California                      Upgrade Price Canyon               
                                      Road including                    
                                      construction of                   
                                      bikeway between San               
                                      Luis Obispo and                   
                                      Pismo Beach........        1.100  
  42 Arkansas                        Upgrade US Rt. 67,                 
                                      Newport to Missouri               
                                      State line.........        2.000  
  43 Missouri                        Construct extension                
                                      of bike path                      
                                      between Soulard                   
                                      market area and                   
                                      Riverfront bike                   
                                      trail in St. Louis.        1.200  
  44 Massachusetts                   Construct Greenfield-              
                                      Montague Bikeways,                
                                      Franklin Co........        0.900  
  45 Vermont                         Replace Missisquoi                 
                                      Bay Bridge.........       16.000  
  46 California                      Upgrade Route 4 East               
                                      in Contra Costa Co.       10.000  
  47 Minnesota                       Construct Phalen                   
                                      Blvd. between I-35E               
                                      and I94............       13.000  
  48 Ohio                            Upgrade North Road                 
                                      between US 422 and                
                                      East Market St.,                  
                                      Trumbull Co........        1.200  
  49 Michigan                        Construct bike path                
                                      between Mount                     
                                      Clemens and New                   
                                      Baltimore..........        5.000  
  50 Maryland                        Upgrade US 29                      
                                      interchange with                  
                                      Randolph Road,                    
                                      Montgomery Co......       12.000  
  51 Texas                           Construct Texas                    
                                      State Highway 49                  
                                      between FM 1735 to                
                                      Titus/Morris Co.                  
                                      line...............        6.400  
  52 Wisconsin                       Upgrade Marshfield                 
                                      Blvd., Marshfield..        5.000  
  53 California                      Reconstruct the I-                 
                                      710/Firestone Blvd.               
                                      interchange........       16.000  
  54 Massachusetts                   Construct I-495/                   
                                      Route 2 interchange               
                                      east of existing                  
                                      interchange to                    
                                      provide access to                 
                                      commuter rail                     
                                      station, Littleton.        4.200  
  55 Maryland                        Undertake                          
                                      transportation                    
                                      infrastructure                    
                                      improvements within               
                                      Baltimore                         
                                      Empowerment Zone...       13.300  
  56 West Virginia                   Preliminary                        
                                      engineering, design               
                                      and construction of               
                                      the Orgas to                      
                                      Chelayn Road, Boone               
                                      Co.................        2.000  
  57 Minnesota                       Upgrade CSAH 1 from                
                                      CSAH 61 to 0.8                    
                                      miles north........        0.480  
  58 South Carolina                  Widen North Main                   
                                      Street, Columbia...        9.750  
  59 Texas                           Construct                          
                                      circumferential                   
                                      freeway loop around               
                                      Texarkana..........        9.900  
  60 Texas                           Upgrade FM517                      
                                      between Owens and                 
                                      FM 3346, Galveston.        3.856  
  61 Michigan                        Reconstruct Co.Rd.                 
                                      612 and Co.Rd. 491,               
                                      Montmorency Co.....        0.910  
  62 Ohio                            Construct Chesapeake               
                                      Bypass, Lawrence                  
                                      Co.................        5.000  
  63 California                      Construct I-10/                    
                                      Pepper Ave.                       
                                      Interchange........        8.800  
  64 Pennsylvania                    Construct safety and               
                                      capacity                          
                                      improvements to Rt.               
                                      309 and Old                       
                                      Packhouse Road                    
                                      including widening                
                                      of Old Packhouse                  
                                      Road between                      
                                      KidsPeace National                
                                      Hospital to Rt. 309        8.200  
  65 Iowa                            Relocate US 61 to                  
                                      bypass Fort Madison        3.000  
  66 Rhode Island                    Install directional                
                                      signs in Newport                  
                                      and surrounding                   
                                      communities........        0.300  
  67 Pennsylvania                    Construct access to                
                                      Tioga Marine                      
                                      Terminal, Ports of                
                                      Philadelphia and                  
                                      Camden.............        1.600  
  68 New York                        Construct bikeway                  
                                      and pedestrian                    
                                      trail improvements,               
                                      Rochester..........        2.400  
  69 Ohio                            Upgrade U.S. Route                 
                                      422 through Girard.        4.720  
  70 Tennessee                       State Highway 109                  
                                      upgrade planning                  
                                      and engineering....        1.840  
  71 Virginia                        Construct                          
                                      transportation                    
                                      demonstration                     
                                      project utilizing                 
                                      magnetic levitation               
                                      technology along                  
                                      route of `Smart                   
                                      Road' between                     
                                      Blacksburg and                    
                                      Roanoke............        2.000  
  72 Massachusetts                   Construct Nowottuck-               
                                      Manhan Bike Trail                 
                                      connections,                      
                                      Easthampton,                      
                                      Amherst, Holyoke,                 
                                      Williamsburg and                  
                                      Northampton........        4.000  
  73 New Jersey                      Reconstruct Essex                  
                                      Street Bridge,                    
                                      Bergen Co..........        2.500  
  74 Illinois                        Undertake traffic                  
                                      mitigation and                    
                                      circulation                       
                                      enhancements, 57th                
                                      and Lake Shore                    
                                      Drive..............        1.520  
  75 Alabama                         Upgrade County Road                
                                      39 between Highway                
                                      84 and Silver Creek               
                                      Park, Clarke Co....        1.000  
  76 Virginia                        Construct road                     
                                      improvements,                     
                                      trailhead and                     
                                      related facilities                
                                      for Birch Knob                    
                                      Trail on Cumberland               
                                      Mountain...........        0.125  
  77 Washington                      Construct SR 167                   
                                      Corridor, Tacoma...        1.500  
  78 Pennsylvania                    Construct Johnstown-               
                                      Cambria County                    
                                      Airport Relocation                
                                      Road...............        1.600  
  79 Mississippi                     Construct connector                
                                      between US-90 and I-              
                                      10 in Biloxi.......        8.500  
  80 Alabama                         Upgrade SR 5 in Bibb               
                                      Co.................        1.700  
  81 Maryland                        Upgrade roads within               
                                      Leakin Park                       
                                      Intermodal                        
                                      Corridor, Baltimore        3.200  
  82 Illinois                        Construct US Route                 
                                      67 bypass project                 
                                      around Roseville...       11.700  
  83 Pennsylvania                    Construct California               
                                      University of                     
                                      Pennsylvania                      
                                      intermodal facility        1.000  
  84 Virginia                        Planning and design                
                                      for Coalfields                    
                                      Expressway,                       
                                      Buchanan, Dickenson               
                                      and Wise Counties..        1.200  
  85 Oregon                          Design and                         
                                      engineering for                   
                                      Tualatin-Sherwood                 
                                      Bypass.............        0.500  
  86 California                      Upgrade Route 4 West               
                                      in Contra Costa Co.       10.000  
  87 Connecticut                     Construct I-95                     
                                      interchange, New                  
                                      Haven..............       26.000  
  88 Illinois                        Replace Lebanon Ave.               
                                      Bridge and                        
                                      approaches,                       
                                      Belleville.........        1.000  
  89 Minnesota                       Upgrade Highway 73                 
                                      from 4.5 miles                    
                                      north of Floodwood                
                                      to 22.5 miles north               
                                      of Floodwood.......        3.700  
  90 Illinois                        Reconstruct Mt. Erie               
                                      Blacktop in Mt.                   
                                      Erie...............        5.290  
  91 Michigan                        Construct grade                    
                                      separation on                     
                                      Sheldon Road,                     
                                      Plymouth...........        7.000  
  92 Connecticut                     Construct the US Rt.               
                                      7 bypass project,                 
                                      Brookfield to New                 
                                      Milford town line..        5.000  
  93 Mississippi                     Upgrade Cowan-                     
                                      Lorraine Rd.                      
                                      between I-10 and                  
                                      U.S. 90, Harrison                 
                                      Co.................       10.000  
  94 Alabama                         Construct repairs to               
                                      Pratt Highway                     
                                      Bridge, Birmingham.        0.600  
  95 Alabama                         Initiate work on                   
                                      controlled access                 
                                      highway between I-                
                                      65 and Mississippi                
                                      State line.........        8.000  
  96 Michigan                        Upgrade Walton Blvd.               
                                      between Opdyke and                
                                      Squirrel, Oakland                 
                                      Co.................        2.000  
  97 Michigan                        Construct Monroe                   
                                      Rail Consolidation                
                                      Project, Monroe....        6.000  
  98 Massachusetts                   Renovate Union                     
                                      Station Intermodal                
                                      Transportation                    
                                      Center in Worcester        7.000  
  99 Oregon                          Construct bike path                
                                      paralleling 42nd                  
                                      Street to link with               
                                      existing bike path,               
                                      Springfield........        0.750  
 100 California                      Improve streets and                
                                      related bicycle                   
                                      lane in Oak Park,                 
                                      Ventura Co.........        0.907  
 101 California                      Construct Arbor                    
                                      Vitae Street                      
                                      improvements,                     
                                      Inglewood..........        3.500  
 102 Mississippi                     Refurbish Satartia                 
                                      Bridge, Yazoo City.        0.500  
 103 Missouri                        Upgrade Route 169                  
                                      between Smithville                
                                      and north of I-435,               
                                      Clay Co............       14.000  
 104 Illinois                        Upgrade U.S. 45                    
                                      between Eldorado                  
                                      and Harrisburg.....        5.000  
 105 Michigan                        Replace Chevrolet                  
                                      Ave. bridge in                    
                                      Genesee Co.........        1.800  
 106 Connecticut                     Reconstruct I-84,                  
                                      Hartford...........        9.470  
 107 Massachusetts                   Improve safety and                 
                                      traffic operations                
                                      on Main and Green                 
                                      Streets, Mellrose..        2.600  
 108 Michigan                        Design and ROW                     
                                      acquisition for                   
                                      ``Intertown South''               
                                      route of US 31                    
                                      bypass,............        1.500  
 109 Illinois                        Undertake                          
                                      improvements to                   
                                      Campus                            
                                      Transportation                    
                                      System.............        1.000  
 110 California                      Improve streets in                 
                                      Canoga Park and                   
                                      Reseda areas, Los                 
                                      Angeles............        1.100  
 111 Texas                           Construct US Rt. 67                
                                      Corridor through                  
                                      San Angelo.........        7.000  
 112 Illinois                        Upgrade Bishop Ford                
                                      Expressway/142nd                  
                                      St. interchange....        1.500  
 113 Texas                           Construct Galveston                
                                      Island Causeway                   
                                      Expansion project,                
                                      Galveston..........        0.730  
 114 California                      Reconstruct Harbor                 
                                      Blvd./SR22                        
                                      Interchange, City                 
                                      of Garden Grove....        2.000  
 115 Michigan                        Undertake capital                  
                                      improvements to                   
                                      facilitate traffic                
                                      between Lansing and       10.000  
 116 Virginia                        Construct Main                     
                                      Street Station in                 
                                      Richmond...........        8.000  
 117 New York                        Reconstruct Houston                
                                      Street between                    
                                      Avenue B to the                   
                                      West Side Highway,                
                                      New York City......        2.000  
 118 North Carolina                  Upgrade US 158                     
                                      (including bypasses               
                                      of Norlina, Macon                 
                                      and Littleton) in                 
                                      Halifax and Warren                
                                      Counties...........        3.000  
 119 New York                        Construct access                   
                                      road and                          
                                      entranceway                       
                                      improvments to                    
                                      airport in Niagara                
                                      Falls..............        3.000  
 120 New Jersey                      Upgrade Baldwin Ave.               
                                      intersection to                   
                                      facilitate access                 
                                      to waterfront and                 
                                      ferry, Weehawken...        4.000  
 121 Massachusetts                   Undertake vehicular                
                                      and pedestrian                    
                                      movement                          
                                      improvments within                
                                      Central Business                  
                                      District of                       
                                      Foxborough.........        2.080  
 122 California                      Construct I-680HOV                 
                                      lanes between                     
                                      Marina Vista toll                 
                                      plaza to North Main               
                                      Street, Martinez to               
                                      Walnut Creek.......        7.000  
 123 Michigan                        Improvements to Card               
                                      Road between 21                   
                                      mile road and 23                  
                                      mile road in Macomb               
                                      Co.................        1.300  
 124 Michigan                        Upgrade (all                       
                                      weather) on US 2,                 
                                      US 41, and M 35....        1.700  
 125 Oregon                          Relocate and rebuild               
                                      intersection of                   
                                      Highway 101 and                   
                                      Highway 105,                      
                                      Clatsop Co.........        1.600  
 126 New York                        Undertake Linden                   
                                      Place                             
                                      reconstruction                    
                                      project, Queens....        7.000  
 127 Texas                           Construct Houston                  
                                      Street Viaduck                    
                                      project in Dallas..        5.500  
 128 Iowa                            Improve US 65/IA 5                 
                                      interchange, Polk                 
                                      Co.................        5.000  
 129 Texas                           Construct segment                  
                                      located south of                  
                                      U.S. 209 in Travis                
                                      County of a bypass                
                                      to I-35 known as SH-              
                                      130 only on a route               
                                      running east of                   
                                      Decker Lake........       16.000  
 130 Illinois                        Rehabilitate Timber                
                                      Bridge over Little                
                                      Muddy River and                   
                                      approach roadway,                 
                                      Perry Co...........        0.140  
 131 Connecticut                     Reconstruct cross                  
                                      road over I-95,                   
                                      Waterford..........        2.000  
 132 Minnesota                       Construct pedestrian               
                                      overpass on Highway               
                                      169, Mille Lacs                   
                                      Reservation........        0.600  
 133 Hawaii                          Upgrade Kaumualili                 
                                      Highway............       10.000  
 134 Massachusetts                   Undertake                          
                                      improvements to                   
                                      South Station                     
                                      Intermodal Station.        3.000  
 135 Illinois                        Construct Marina                   
                                      Access Road, East                 
                                      Chicago............        1.000  
 136 Massachusetts                   Reconstruct North                  
                                      Street, Fitchburg..        1.000  
 137 Virginia                        Replace Shore Drive                
                                      Bridge over Petty                 
                                      Lake, Norfolk......        4.000  
 138 New Jersey                      Upgrade Urban                      
                                      University Heights                
                                      Connector, Newark..        9.700  
 139 California                      Implement City of                  
                                      Compton traffic                   
                                      signal systems                    
                                      improvements.......        5.800  
 140 California                      Undertake San Pedro                
                                      Bridge project at                 
                                      SR 1, Pacifica.....        1.500  
 141 Texas                           Construct grade                    
                                      separations in                    
                                      Manchester.........       16.000  
 142 Minnesota                       Upgrade TH6 between                
                                      Talmoon to                        
                                      Bowstring River....        1.200  
 143 North Carolina                  Construct US Route                 
                                      17, Elizabeth City                
                                      Bypass.............        0.500  
 144 Pennsylvania                    Undertake                          
                                      transportation                    
                                      enhancement                       
                                      activities within                 
                                      the Lehigh Landing                
                                      Area of the                       
                                      Delaware and Lehigh               
                                      Canal National                    
                                      Heritage Corridor..        7.000  
 145 Texas                           Upgrade State                      
                                      Highway 24 from                   
                                      Commerce to State                 
                                      Highway 19 north of               
                                      Cooper.............        5.000  
 146 California                      Reconstruct I-215                  
                                      and construct HOV                 
                                      lanes between 2nd                 
                                      Street and 9th                    
                                      Street, San                       
                                      Bernardino.........        2.750  
 147 California                      Undertake safety                   
                                      enhancements along                
                                      Monterey County                   
                                      Railroad highway                  
                                      grade, Monterey Co.        2.800  
 148 Michigan                        Upgrade I-94 between               
                                      M-39 and I-69......        8.000  
 149 Michigan                        Widen and make                     
                                      improvements to                   
                                      Baldwin and Joslyn                
                                      Roads, Oakland Co..        5.000  
 150 Arkansas                        Construct Geyer                    
                                      Springs RR grade                  
                                      separation, Little                
                                      Rock...............        1.000  
 151 New Jersey                      Construct Route 4/17               
                                      interchange in                    
                                      Paramus............        8.500  
 152 West Virginia                   Upgrade US Rt. 35                  
                                      between I-64 and                  
                                      South Buffalo                     
                                      Bridge.............       35.000  
 153 Alabama                         Construct                          
                                      enhancements along                
                                      12th Street between               
                                      State Highway 11                  
                                      and Baptist                       
                                      Princeton Hospital,               
                                      Birmingham.........        0.800  
 154 Pennsylvania                    Construct                          
                                      Independence                      
                                      Gateway                           
                                      Transportation                    
                                      Center project,                   
                                      Philadelphia.......        6.000  
 155 Minnesota                       Implement Trunk                    
                                      Highway 8 Corridor                
                                      projects, Chisago                 
                                      Co.................       15.300  
 156 Missouri                        Construct extension                
                                      of bike path                      
                                      between Soulard                   
                                      market area and                   
                                      Riverfront bike                   
                                      trail in St. Louis.        0.800  
 157 Mississippi                     Upgrade Goose Pond                 
                                      Subdivision Roads,                
                                      Tallahatchie Co....        0.200  
 158 Iowa                            Construct controlled               
                                      access four-lane                  
                                      highway between Des               
                                      Moines and                        
                                      Burlington.........       14.925  
 159 Maryland                        Construct                          
                                      improvements to                   
                                      Route 50                          
                                      interchange with                  
                                      Columbia Pike,                    
                                      Prince Georges Co..        3.200  
 160 Tennessee                       Construct Landport                 
                                      regional                          
                                      transportation hub,               
                                      Nashville..........        8.000  
 161 California                      Construct San                      
                                      Francisco Regional                
                                      Intermodal Terminal       12.500  
 162 Texas                           Relocate railroad                  
                                      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, Bro...        6.000  
 163 Massachusetts                   Replace Brightman                  
                                      Street bridge in                  
                                      Fall River.........       13.640  
 164 California                      Construct Alameda                  
                                      Corridor East                     
                                      project............       12.750  
 165 Georgia                         Upgrade US Rt. 27...       10.000  
 166 Michigan                        Upgrade Davison Rd.                
                                      between Belsay and                
                                      Irish Roads,                      
                                      Genessee Co........        4.500  
 167 Pennsylvania                    Upgrade PA 228                     
                                      (Crows Run                        
                                      Corridor)..........        7.200  
 168 Maine                           Replace Singing                    
                                      Bridge across                     
                                      Taunton Bay........        1.000  
 169 California                      Roadway improvements               
                                      to provide access                 
                                      to Hansen Dam                     
                                      Recreation Area in                
                                      Los Angeles........        1.000  
 170 Pennsylvania                    Construct Rt. 819/                 
                                      Rt. 119 interchange               
                                      between Mt.                       
                                      Pleasant and                      
                                      Scottdale..........       14.400  
 171 Massachusetts                   Reconstruct                        
                                      Huntington Ave. in                
                                      Boston.............        4.000  
 172 Ohio                            Replace McCuffey                   
                                      Road Bridge,                      
                                      Mahoning Co........        3.360  
 173 Michigan                        Upgrade Rochester                  
                                      Road between I-75                 
                                      and Torpsey St.....       12.300  
 174 California                      Rehabilitate Artesia               
                                      Blvd...............        4.000  
 175 Illinois                        Construct                          
                                      improvements to                   
                                      McKinley Bridge                   
                                      over Mississippi                  
                                      River with terminus               
                                      points in Venice,                 
                                      Illinois, and St.                 
                                      Louis, Missouri....        5.200  
 176 Maine                           Construct I-295                    
                                      connector, Portland        4.500  
 177 Maine                           Studies and planning               
                                      for reconstruction                
                                      of East-West                      
                                      Highway............        4.000  
 178 Illinois                        Reconstruct Claire                 
                                      Blvd., Robbins.....        0.330  
 179 Pennsylvania                    Upgrade PA Route 21,               
                                      Fayette and Greene                
                                      Counties...........        7.000  
 180 California                      Construct VC Campus                
                                      Parkway Loop System               
                                      in Merced..........        8.000  
 181 Massachusetts                   Replace deck of                    
                                      Chain Bridge over                 
                                      Merrimack River....        1.012  
 182 New York                        Construct Edgewater                
                                      Road Dedicated                    
                                      Truck Route........       12.000  
 183 Illinois                        Construct Raney                    
                                      Street Overpass in                
                                      Effingham..........        4.400  
 184 Pennsylvania                    Replace Masontown                  
                                      bridge, Fayette and               
                                      Greene Counties....        7.000  
 185 Pennsylvania                    Upgrade US Rt. 22,                 
                                      Chickory Mountain                 
                                      section............       10.200  
 186 Michigan                        Upgrade Lalie St.,                 
                                      Frenchtown Rd., and               
                                      Penshee Rd.,                      
                                      Ironwood...........        0.360  
 187 South Carolina                  Upgrade US Highway                 
                                      301 within Bamberg.        2.950  
 188 Arizona                         Construct Veterans'                
                                      Memorial overpass                 
                                      in Pima Co.........       15.000  
 189 Michigan                        Replace Chalk Hills                
                                      Bridge over                       
                                      Menominee River....        0.400  
 190 Michigan                        Construct intermodal               
                                      freight terminal in               
                                      Wayne Co...........       24.000  
 191 Oregon                          Replace grade                      
                                      crossing with                     
                                      separated crossing                
                                      and related                       
                                      improvements, Linn                
                                      Co.................        6.710  
 192 California                      Reconstruct State                  
                                      Route 81 (Sierra                  
                                      Ave.) and I-10                    
                                      Interchange in                    
                                      Fontana............       10.000  
 193 California                      Construct four-lane                
                                      highway facility                  
                                      (Hollister Bypass),               
                                      San Benito Co......        3.000  
 194 Maine                           Construct new bridge               
                                      over Kennebee River               
                                      (Carlton Bridge                   
                                      replacement).......        8.000  
 195 Oregon                          Upgrade I-5/Highway                
                                      217 interchange,                  
                                      Portland...........        7.000  
 196 American Samoa                  Upgrade village                    
                                      roads on Tutilla                  
                                      Island, American                  
                                      Samoa..............       11.000  
 197 New Jersey                      Eliminate Berlin                   
                                      Circle and                        
                                      signalize                         
                                      intersection in                   
                                      Camden.............        8.000  
 198 New York                        Implement Melrose                  
                                      Commons geographic                
                                      information system.        1.000  
 199 Pennsylvania                    Reconstruct Lover                  
                                      Interchange on I-                 
                                      70, Washington Co..        5.000  
 200 Virginia                        Aquire land and                    
                                      construct segment                 
                                      of Daniel Boone                   
                                      Heritage Trail                    
                                      (Kane Gap section),               
                                      Jefferson National                
                                      Forest.............        0.200  
 201 California                      Construct Sacramento               
                                      Intermodal Station.        4.000  
 202 New York                        Construct intermodal               
                                      facility in New                   
                                      Rochelle,                         
                                      Westchester Co.....        7.250  
 203 New York                        Reconstruct 79th                   
                                      Street Traffic                    
                                      Circle, New York                  
                                      City...............        9.000  
 204 Pennsylvania                    Extend North                       
                                      Delaware Ave.                     
                                      between Lewis St.                 
                                      and Orthodox St.,                 
                                      Philadelphia.......        5.200  
 205 Missouri                        Upgrade Route MO291                
                                      Connector..........        2.000  
 206 Pennsylvania                    Upgrade US Rt. 119                 
                                      between Homer City                
                                      and Blairsville....        6.400  
 207 West Virginia                   Relocate segment of                
                                      Route 33 (Scott                   
                                      Miller Bypass),                   
                                      Roane Co...........        8.000  
 208 Missouri                        Construct on                       
                                      intermodal center                 
                                      at Missouri                       
                                      Botanical Garden...        1.600  
 209 Maine                           Rehabilitate                       
                                      Piscataqua River                  
                                      bridges, Kittery...        5.250  
 210 Wisconsin                       Upgrade STH 29                     
                                      between IH 94 and                 
                                      Chippewa Falls.....        6.000  
 211 Illinois                        Extend and                         
                                      reconstruct                       
                                      roadways through                  
                                      industrial corridor               
                                      in Alton...........        5.690  
 212 New Jersey                      Construct road from                
                                      the Military Ocean                
                                      Terminal to the                   
                                      Port Jersey Pier,                 
                                      Bayonne............        3.000  
 213 Missouri                        Relocate and                       
                                      reconstruct Route                 
                                      21 between Schenk                 
                                      Rd. to Town of                    
                                      DeSoto.............       40.000  
 214 Michigan                        Improve drainage on                
                                      6th Street in                     
                                      Menominee..........        0.150  
 215 Pennsylvania                    Reconstruct and                    
                                      widen US Rt. 222 to               
                                      four-lane                         
                                      expressway between                
                                      Lancaster/Berks                   
                                      County line and                   
                                      Grings Mill Rd. and               
                                      construction of                   
                                      Warren Street                     
                                      extenstion in                     
                                      Reading............       25.000  
 216 New Jersey                      Relocate and                       
                                      complete                          
                                      construction of new               
                                      multi-modal                       
                                      facility, Weehawken        8.000  
 217 Arkansas                        Construct North Belt               
                                      Freeway............        7.000  
 218 California                      Rehabilitate                       
                                      pavement throughout               
                                      Santa Barbara Co...        1.500  
 219 Virginia                        Repair historic                    
                                      wooden bridges                    
                                      along portion of                  
                                      Virginia Creeper                  
                                      Trail maintained by               
                                      Town of Abingdon...        2.050  
 220 Arizona                         Reconstruct I-19,                  
                                      East Side Frontage                
                                      Road, Ruby Road to                
                                      Rio Rico Drive,                   
                                      Nogales............       10.000  
 221 Massachusetts                   Conduct planning and               
                                      engineering for                   
                                      connector route                   
                                      between I-95 and                  
                                      industrial/business               
                                      park, Attleboro....        0.800  
 222 Georgia                         Undertake Perimeter                
                                      Central Parkway                   
                                      Overpass project                  
                                      and Ashford                       
                                      Dunwoody                          
                                      interchange                       
                                      improvements at I-                
                                      285, DeKalb Co.....        0.100  
 223 Ohio                            Construct Wilmington               
                                      Bypass, Wilmington.        5.000  
 224 Illinois                        Construct Western                  
                                      Springs Pedestrian                
                                      and Tunnel project,               
                                      Cook Co............        0.925  
 225 Minnesota                       Upgrade Cass County                
                                      Road 105 and Crow                 
                                      Wing County Road                  
                                      125, East Gull Lake        0.960  
 226 Michigan                        Upgrade H-58 within                
                                      Pictured Rocks                    
                                      National Lakeshore.        5.600  
 227 California                      Reconstruct and                    
                                      widen Mission Road,               
                                      Alhambra...........        3.250  
 228 Texas                           Reconstruct and                    
                                      widen I-35 between                
                                      North of Georgetown               
                                      at Loop 418 to US                 
                                      Rt. 190............        8.000  
 229 Florida                         Construct access                   
                                      road to St. Johns                 
                                      Ave. Industrial                   
                                      Park...............        1.000  
 230 Illinois                        Intersection                       
                                      improvements at                   
                                      79th and Stoney                   
                                      Island Blvd.,                     
                                      Chicago............        1.740  
 231 Michigan                        Construct Tawas                    
                                      Beach Road/US 23                  
                                      interchange                       
                                      improvements, East                
                                      Tawas..............        2.200  
 232 Pennsylvania                    Construct                          
                                      Lawrenceville                     
                                      Industrial Access                 
                                      Road...............       10.000  
 233 Maryland                        Construct                          
                                      intersection                      
                                      improvements to                   
                                      facilitate access                 
                                      to NSA facility,                  
                                      Anne Arundel Co....        3.000  
 234 California                      Upgrade Del Almo                   
                                      Boulevard at I-405.        5.000  
 235 Minnesota                       Reconstruct and                    
                                      replace I-494                     
                                      Wakota Bridge from                
                                      South St. Paul to                 
                                      Newport, and                      
                                      approaches.........       13.000  
 236 Tennessee                       Construct separated                
                                      grade crossing at                 
                                      US 41 and US 231,                 
                                      Murfreesboro.......        0.323  
 237 Michigan                        Construct four-lane                
                                      boulevard from                    
                                      Dixie Highway to                  
                                      Walton Blvd.,                     
                                      Oakland Co.........        3.700  
 238 New York                        Reconstruct                        
                                      Mamaroneck Ave.,                  
                                      White Plains,                     
                                      Harrison and                      
                                      Mamaroneck.........        4.500  
 239 Texas                           Upgrade FM 1764                    
                                      between FM 646 to                 
                                      State Highway 6....        3.000  
 240 Texas                           Construct ramp                     
                                      connection between                
                                      Hammet St. to                     
                                      Highway 54 ramp to                
                                      provide access to I-              
                                      10 in El Paso......        8.000  
 241 New York                        Undertake studies,                 
                                      planning,                         
                                      engineering, design               
                                      and construction of               
                                      a tunnel                          
                                      alternative to                    
                                      reconstruction of                 
                                      existing elvated                  
                                      expressway (Gowanus               
                                      tunnel project)....       32.000  
 242 New York                        Rehabilitate segment               
                                      of Henry Hudson                   
                                      Parkway between                   
                                      Washington Bridge                 
                                      and Dyckman St.,                  
                                      New York City......        1.470  
 243 Illinois                        Construct bicycle/                 
                                      pedestrian trail                  
                                      parallel to light                 
                                      rail transit system               
                                      in St. Clair Co....        6.000  
 244 Indiana                         Extend SR 149                      
                                      between SR 130 to                 
                                      US Rt. 30,                        
                                      Valparaiso.........        5.900  
 245 Connecticut                     Construct                          
                                      Greenmanville Ave.                
                                      streetscape                       
                                      extension,                        
                                      including                         
                                      feasibility study,                
                                      in towns of Groton,               
                                      Stonington and                    
                                      Mystic.............        8.400  
 246 Illinois                        Reconstruct Broad                  
                                      Street between                    
                                      Maple St. to Sixth                
                                      St., Evansville....        0.350  
 247 New York                        Construct Mineola                  
                                      and Hicksville                    
                                      Intermodal Centers                
                                      in Nassau Co.......       16.000  
 248 Colorado                        Construct intermodal               
                                      center at                         
                                      Stapleton, Denver..        3.000  
 249 New Jersey                      Undertake                          
                                      improvements                      
                                      associated with the               
                                      South Amboy                       
                                      Regional Intermodal               
                                      Center.............       16.000  
 250 Michigan                        Extend Trowbridge                  
                                      Road from Harrison                
                                      Rd. to Red Cedar                  
                                      Rd.................        2.500  
 251 Massachusetts                   Construct                          
                                      improvements to                   
                                      North Main St. in                 
                                      Worcester..........        2.400  
 252 Tennessee                       Upgrade SR 96                      
                                      between Arno Rd.                  
                                      and SR 252,                       
                                      Williamson Co......        3.600  
 253 Louisiana                       Extend Howard Avenue               
                                      to Union Passenger                
                                      Terminal, New                     
                                      Orleans............        8.000  
 254 California                      Construct bike path                
                                      between Sepulveda                 
                                      Basin Recreation                  
                                      Area and Warner                   
                                      Center/Canoga Park,               
                                      Los Angelese.......        3.000  
 255 New York                        Upgrade Route 17                   
                                      between Five Mile                 
                                      Point and Occanum,                
                                      Broome Co..........       16.800  
 256 Ohio                            Upgrade US Rt. 33                  
                                      between vicinity of               
                                      Haydenville to                    
                                      Floodwood                         
                                      (Nelsonville                      
                                      Bypass)............        5.000  
 257 Oregon                          Construct passing                  
                                      lande on Highway 58               
                                      between Kitson                    
                                      Ridge Road and Mile               
                                      Post 47, Lane Co...        6.800  
 258 Michigan                        Upgrade East Jordon                
                                      Road, Boyne City...        0.170  
 259 California                      Reconstruct                        
                                      Tennessee Valley                  
                                      Bridge, Marin Co...        1.000  
 260 Illinois                        Improve access to                  
                                      93rd Street                       
                                      Station, Chicago...        3.000  
 261 California                      Construct I-580                    
                                      interchange,                      
                                      Livermore..........       13.200  
 262 California                      Construct San Diego                
                                      and Arizona Eastern               
                                      Intermodal Yard....       10.000  
 263 Michigan                        Apply ITS                          
                                      technologies                      
                                      relating to traffic               
                                      control, Lansing...        3.700  
 264 California                      Construct Palisades                
                                      Bluff Stabilization               
                                      project, Santa                    
                                      Monica.............        8.000  
 265 Rhode Island                    Upgrade pedestrian                 
                                      traffic facilities,               
                                      Bristol............        0.100  
 266 Rhode Island                    Implement                          
                                      transportation                    
                                      alternative                       
                                      relating to Court                 
                                      Street Bridge,                    
                                      Woonsocket.........        0.200  
 267 California                      Upgrade Industrial                 
                                      Parkway Southwest                 
                                      between Whipple Rd.               
                                      and improved                      
                                      segment of the                    
                                      parkway, Hayward...        0.600  
 268 Missouri                        Replace bridge on                  
                                      Route 92, Platte                  
                                      Co.................        1.000  
 269 Ohio                            Upgrade Western                    
                                      Reserve Road,                     
                                      Mahoning Co........        5.600  
 270 Ohio                            Upgrade SR 124                     
                                      between Five Points               
                                      and Ravenswood                    
                                      Bridge, Meigs Co...        5.000  
 271 Illinois                        Undertake                          
                                      streetscaping                     
                                      between Damden and                
                                      Halsted............        1.150  
 272 Illinois                        Construct                          
                                      improvements to New               
                                      Era Road,                         
                                      Carbondale.........        3.500  
 273 New York                        Construct access                   
                                      improvements to                   
                                      Port of Rochester                 
                                      Harbor, Rochester..       12.000  
 274 Rhode Island                    Reconstruct                        
                                      interchanges on Rt.               
                                      116 between Rt. 146               
                                      and Ashton Viaduct,               
                                      Lincoln............        0.445  
 275 West Virginia                   Preliminary                        
                                      engineering and                   
                                      design for access                 
                                      road to proposed                  
                                      location of                       
                                      regional airport,                 
                                      Lincoln Co.........        1.000  
 276 Massachusetts                   Upgrade Route 2                    
                                      between Philipston                
                                      and Greenfield.....        4.000  
 277 Ohio                            Construct grade                    
                                      separations at                    
                                      Front Street and                  
                                      Bagley Road, Berea.       14.000  
 278 Pennsylvania                    Relocate PA 18                     
                                      between 9th Ave.                  
                                      and 32nd St.,                     
                                      Beaver Falls.......        1.400  
 279 California                      Construct bike                     
                                      paths, Thousand                   
                                      Oaks...............        0.625  
 280 Oregon                          Construct right-of-                
                                      way improvements to               
                                      provide improved                  
                                      pedestrian access                 
                                      to MAX light rail,                
                                      Gresham............        1.282  
 281 Louisiana                       Reconstruct I-10 and               
                                      Ryan Street access                
                                      ramps and frontage                
                                      street                            
                                      improvements, Lake                
                                      Charles............        8.000  
 282 California                      Upgrade SR 92/El                   
                                      Camino interchange,               
                                      San Mateo..........        3.700  
 283 Massachusetts                   Construct Housatonic-              
                                      Hoosic bicycle                    
                                      network............        4.000  
 284 Texas                           Upgrade SH 30,                     
                                      Huntsville.........        2.500  
 285 Connecticut                     Replace bridges over               
                                      Harbor Brook,                     
                                      Meriden............        6.550  
 286 Indiana                         Extend SR 149                      
                                      between SR 130 to                 
                                      US Rt. 30..........        1.000  
 287 West Virginia                   Construct                          
                                      improvements on WV                
                                      9 including turning               
                                      lane and                          
                                      signalization,                    
                                      Berkely Co.........        0.200  
 288 Arkansas                        Upgrade Highway 63,                
                                      Marked Tree to Lake               
                                      David..............       12.000  
 289 Dist. of Col.                   Conduct studies and                
                                      related activities                
                                      pertaining to                     
                                      proposed intermodal               
                                      transportation                    
                                      Center, D.C........        1.000  
 290 Ohio                            Undertake                          
                                      improvements to                   
                                      Valley Street,                    
                                      Dayton.............        0.900  
 291 Texas                           Construct US                       
                                      Expressway 77/83                  
                                      interchange,                      
                                      Harlingen..........        7.500  
 292 Texas                           Construct Loop 197,                
                                      Galveston..........        4.290  
 293 Minnesota                       Upgrade Highway 53                 
                                      between Virginia                  
                                      and Cook...........        2.000  
 294 California                      Upgrade intersection               
                                      of Folsom Blvd. and               
                                      Power Inn Rd.,                    
                                      Sacramento.........       10.000  
 295 California                      Reconstruct Grand                  
                                      Avenue between Elm                
                                      Street and Halcyon                
                                      Road, Arroyo Grande        0.500  
 296 New York                        Construct intermodal               
                                      facility in                       
                                      Yonkers,                          
                                      Westchester Co.....       10.250  
 297 Massachusetts                   Construct bike path                
                                      between Rt. 16                    
                                      (Everett) to Lynn                 
                                      Oceanside..........        1.700  
 298 Oregon                          Design and                         
                                      engineering for                   
                                      intermodal                        
                                      transportation                    
                                      center, Astoria....        0.300  
 299 California                      Construct Port of                  
                                      Oakland intermodal                
                                      terminal...........        8.000  
 300 Indiana                         Upgrade County roads               
                                      in LaPorte County..        7.000  
 301 Alabama                         Replace bridge over                
                                      Tombigbee River,                  
                                      Naheola............        3.000  
 302 Virginia                        Construct access                   
                                      road and related                  
                                      facilities for                    
                                      Fisher Peak                       
                                      Mountain Music                    
                                      Interpretive Center               
                                      on Blue Ridge                     
                                      Parkway............        1.700  
 303 Colorado                        Reconstruct and                    
                                      upgrade I-70/I-25                 
                                      Interchange, Denver       13.000  
 304 Alabama                         Construct                          
                                      improvements to                   
                                      41st Street between               
                                      1st Ave. South and                
                                      Airport Highway,                  
                                      Birmingham.........        1.000  
 305 New York                        Replace Route 28                   
                                      bridge over NY                    
                                      State Thruway,                    
                                      Ulster Co..........        3.200  
 306 Minnesota                       Reconstruct SE Main                
                                      Ave./I-94                         
                                      interchange,                      
                                      Moorhead...........        4.000  
 307 Indiana                         Construct Gary                     
                                      Marina access road                
                                      (Buffington Harbor)       10.000  
 308 Washington                      Undertake SR 166                   
                                      slide repair.......        6.500  
 309 Oregon                          Construct bike path                
                                      between Main Street/              
                                      Highway 99 in                     
                                      Cottage Grove to                  
                                      Row River Trail,                  
                                      Cottage Grove......        0.230  
 310 Minnesota                       Upgrade 10th Street                
                                      South, St. Cloud...        1.500  
 311 Missouri                        Construct Grand Ave.               
                                      viaduct over Mill                 
                                      Creek Valley in St.               
                                      Louis..............        2.200  
 312 Missouri                        Construct Strother                 
                                      Rd./I-470                         
                                      interchange,                      
                                      Jackson Co.........        8.000  
 313 Wisconsin                       Upgrade U.S. 51                    
                                      between I-90/94 to                
                                      northern Wisconsin.        5.000  
 314 Virginia                        Construct trailhead                
                                      and related                       
                                      facilities and                    
                                      restore old                       
                                      Whitetop Train                    
                                      Station at terminus               
                                      of Virginia Creeper               
                                      Trail adjacent to                 
                                      Mount Rogers                      
                                      National Recreation               
                                      Area...............        0.250  
 315 Oregon                          Reconstruct Lovejoy                
                                      ramp, Portland.....        7.718  
 316 Michigan                        Rehabilitate Lincoln               
                                      St., Negaunee......        0.170  
 317 New York                        Construct full                     
                                      access controlled                 
                                      expressway along NY               
                                      Route 17 at                       
                                      Parkville, Sullivan               
                                      Co.................        6.000  
 318 Texas                           Construct extension                
                                      of Bay Area Blvd...        1.000  
 319 California                      Construct pedestrian               
                                      boardwalk between                 
                                      terminus of Pismo                 
                                      Promenade at Pismo                
                                      Creek and Grande                  
                                      Avenue in Gover                   
                                      Beach..............        0.500  
 320 Michigan                        Construct                          
                                      deceleration lane                 
                                      in front of 4427                  
                                      Wilder Road, Bay                  
                                      City...............        0.020  
 321 Massachusetts                   Construct Arlington                
                                      to Boston Bike Path        1.000  
 322 Virginia                        Undertake access                   
                                      improvements for                  
                                      Freemason Harbor                  
                                      Development                       
                                      Initiative, Norfolk        2.000  
 323 Oregon                          Construct bike path                
                                      along Willamette                  
                                      River, Corvallis...        0.808  
 324 California                      Upgrade Highway 99                 
                                      between State                     
                                      Highway 70 and                    
                                      Lincoln Rd., Sutter               
                                      Co.................       14.300  
 325 Texas                           Construct US 77/83                 
                                      Expressway                        
                                      extension,                        
                                      Brownsville........        3.000  
 326 Ohio                            Undertake                          
                                      improvements to                   
                                      open Federal Street               
                                      to traffic,                       
                                      Youngstown.........        2.080  
 327 Massachusetts                   Upgrade I-495                      
                                      interchange 17 and                
                                      related                           
                                      improvements                      
                                      inlcuding along                   
                                      Route 140..........       14.480  
 328 Indiana                         Undertake safety and               
                                      mobility                          
                                      improvements                      
                                      involving street                  
                                      and street                        
                                      crossings and                     
                                      Conrail line,                     
                                      Elkhart............        2.000  
 329 Illinois                        Reconstruct                        
                                      interchange at I-                 
                                      294, 127th St. and                
                                      Cicero Ave. with                  
                                      new ramps to the                  
                                      Tri-State Tollway,                
                                      Alsip..............       34.265  
 330 Minnesota                       Construct TH 1 east                
                                      of Northome                       
                                      including bicycle/                
                                      pedestrian trail...        0.240  
 331 Missouri                        Construct Jefferson                
                                      Ave. viaduct over                 
                                      Mill Creek Valley                 
                                      in St. Louis.......       11.000  
 332 Ohio                            Construct connector                
                                      road between North                
                                      Road and SR46,                    
                                      Trumbull Co........        5.680  
 333 Oregon                          Repair bridge over                 
                                      Rogue River, Gold                 
                                      Beach..............       10.000  
 334 Tennessee                       Construct I-40/SR                  
                                      155 interchange,                  
                                      Davidson...........        9.000  
 335 Pennsylvania                    Upgrade I-95 between               
                                      Lehigh Ave. and                   
                                      Columbia Ave. and                 
                                      improvements to                   
                                      Girard Ave./I-95                  
                                      interchange,                      
                                      Philadelphia.......       29.000  
 336 Massachusetts                   Construct Hyannis                  
                                      Intermodal                        
                                      Transportation                    
                                      Center, Hyannis....        3.200  
 337 New York                        Reconstruct 127th                  
                                      Street viaduct, New               
                                      York City..........        1.470  
 338 California                      Construct bicycle                  
                                      path, Westlake                    
                                      Village............        0.136  
 339 California                      Upgrade Osgood Road                
                                      between Washington                
                                      Blvd. and South                   
                                      Grimmer Blvd.,                    
                                      Freemont...........        2.000  
 340 Tennessee                       Upgrade Briley                     
                                      Parkway between I-                
                                      40 and Opreyland...        9.000  
 341 Minnesota                       Construct Gunflint                 
                                      Realignment                       
                                      project, Grand                    
                                      Marais.............        0.800  
 342 Maryland                        Construct Baltimore                
                                      Washington Parkway                
                                      to Route 197,                     
                                      Prince Georges Co..        8.000  
 343 Virgin Islands                  Construct bypass                   
                                      around                            
                                      Christiansted......        8.000  
 344 Dist. of Col.                   Rehabilitate                       
                                      Theodore Roosevelt                
                                      Memorial Bridge....       10.000  
 345 California                      Construct Los                      
                                      Angeles County                    
                                      Gateway Cities NHS                
                                      Access.............        8.750  
 346 South Carolina                  Construct pedestrian               
                                      walkway and safety                
                                      improvements along                
                                      SC 277, Richland                  
                                      Co.................        0.800  
 347 Ohio                            Upgrade US Rt. 35                  
                                      between vicinity of               
                                      Chillicothe to                    
                                      Village of Richmond               
                                      Dale...............        5.000  
 348 California                      Extend 7th St.                     
                                      between F St. and                 
                                      North 7th St.,                    
                                      Sacramento.........        2.000  
 349 Illinois                        Construct I-64/North               
                                      Greenmount Rd.                    
                                      interchange, St.                  
                                      Clair Co...........        4.800  
 350 Texas                           Construct 6th and                  
                                      7th Street overpass               
                                      over railroad yard,               
                                      Brownsville........        0.500  
 351 Iowa                            Construct four-lane                
                                      expressway between                
                                      Des Moines and                    
                                      Marshalltown.......       11.100  
 352 Michigan                        Construct route                    
                                      improvements along                
                                      Washington Ave.                   
                                      between Janes Ave.                
                                      to Johnson St. and                
                                      East Genesee Ave.                 
                                      between Saginaw                   
                                      River and Janes                   
                                      Ave., Saginaw......        3.600  
 353 Minnesota                       Construct pedestrian               
                                      bridge over TH 169                
                                      in Elk River.......        0.707  
 354 Michigan                        Reconstruct I-75/M-                
                                      57 interchange.....       14.000  
 355 Virginia                        Upgrade Danville                   
                                      Bypass in                         
                                      Pittsylvania.......        4.000  
 356 Massachusetts                   Reconstruct Route                  
                                      126 and replace                   
                                      bridge spanning                   
                                      Route 9, Town of                  
                                      Framingham.........        4.700  
 357 Alabama                         Construct                          
                                      improvements to                   
                                      19th Street between               
                                      I-59 and Tuxedo                   
                                      Junction,                         
                                      Birmingham.........        0.900  
 358 Ohio                            Restore Main and                   
                                      First Streets to                  
                                      two-way traffic,                  
                                      Miamisburg.........        0.450  
 359 Texas                           Upgrade FM225,                     
                                      Nacogdoches........        4.000  
 360 California                      Construct railroad                 
                                      at-grade crossings,               
                                      San Leandro........        0.500  
 361 Pennsylvania                    Improve walking and                
                                      biking trails                     
                                      between Easton and                
                                      Lehigh Gorge State                
                                      Park within the                   
                                      Delaware and Lehigh               
                                      Canal National                    
                                      Heritage Corridor..        2.800  
 362 Massachusetts                   Environmental                      
                                      studies,                          
                                      preliminary                       
                                      engineering and                   
                                      design of North-                  
                                      South Connector in                
                                      Pittsfield to                     
                                      improve access to I-              
                                      90.................        2.000  
 363 Oregon                          Upgrade Naito                      
                                      Parkway, Portland..        1.500  
 364 Pennsylvania                    Make safety                        
                                      improvements on PA                
                                      Rt. 61 (Dusselfink                
                                      Safety Project)                   
                                      between Rt. 183 in                
                                      Cressona and SR                   
                                      0215 in Mount                     
                                      Carbon.............        7.000  
 365 New York                        Capital improvements               
                                      for the car float                 
                                      operations in                     
                                      Brooklyn, New York,               
                                      for the New York                  
                                      City Economic                     
                                      Development Corp...       14.000  
 366 California                      Construct Backbone                 
                                      Trail through Santa               
                                      Monica National                   
                                      Recreation Area....        0.200  
 367 Massachusetts                   Reconstruct                        
                                      Greenfield Road,                  
                                      Montague...........        2.500  
 368 North Dakota                    Upgrade U.S. Route                 
                                      52 between                        
                                      Donnybrook and US                 
                                      Route 2............        2.400  
 369 Pennsylvania                    Construct                          
                                      Philadelphia                      
                                      Intermodal Gateway                
                                      Project at 30th St.               
                                      Station............        8.000  
 370 Hawaii                          Construct Kapaa                    
                                      Bypass.............       10.000  
 371 Missouri                        Construct bike/                    
                                      pedestrian path                   
                                      between Delmar                    
                                      Metrolink Station                 
                                      and University City               
                                      loop business                     
                                      district in St.                   
                                      Louis..............        0.800  
 372 Hawaii                          Replace Sand Island                
                                      tunnel with bridge.        1.000  
 373 Missouri                        Improve safety and                 
                                      traffic flow on Rt.               
                                      13 through Clinton.        8.000  
 374 California                      Construct                          
                                      improvements to                   
                                      Moorpark/Highway                  
                                      101 interchange,                  
                                      Bouchard/Highway                  
                                      101 interchange and               
                                      associated street                 
                                      improvements,                     
                                      Thousand Oaks......        0.368  
 375 Texas                           Construct extension                
                                      of West Austin                    
                                      Street (FM 2609)                  
                                      between Old Tyler                 
                                      Road and Loop 224,                
                                      Nacogdoches........        1.800  
 376 Washington                      Construct passenger                
                                      ferry to serve                    
                                      Southworth-Seattle.        5.000  
 377 Hawaii                          Construct                          
                                      interchange at                    
                                      junction of                       
                                      proposed North-                   
                                      South road and H-1.       20.000  
 378 South Carolina                  Construct I-95/I-26                
                                      interchange,                      
                                      Orangeburg Co......       12.000  
 379 Ohio                            Upgrade SR 46                      
                                      between Mahoning                  
                                      Ave. and Salt                     
                                      Springs Rd.,                      
                                      Mahoning and                      
                                      Trumbull Counties..        3.520  
 380 California                      Rehabilitate Highway               
                                      1 in Guadalupe.....        0.500  
 381 Massachusetts                   Construct Great                    
                                      River Bridge                      
                                      improvements,                     
                                      Westfield..........        2.000  
 382 Maine                           Studies and planning               
                                      for extension of I-               
                                      95.................        1.500  
 383 Michigan                        Widen Arch St.,                    
                                      Negaunee...........        0.080  
 384 Texas                           Construct Concord                  
                                      Road Widening                     
                                      project, Beaumont..        8.500  
 385 Massachusetts                   Construct                          
                                      accessibility                     
                                      improvments to                    
                                      Charles Street T                  
                                      Station, Boston....        4.000  
 386 Oregon                          Purchase and install               
                                      emitters and                      
                                      receiving equipment               
                                      to facilitate                     
                                      movement of                       
                                      emergency and                     
                                      transit vehicles at               
                                      key arterial                      
                                      intersections,                    
                                      Portland...........        4.500  
 387 Pennsylvania                    Construct bicycle                  
                                      and pedestrian                    
                                      facility between                  
                                      Boston Bridge and                 
                                      McKee Point Park,                 
                                      Allegheny Co.......        0.180  
 388 Oregon                          Restore                            
                                      transportation                    
                                      connection between                
                                      Wauna, Astoria and                
                                      Port of Astoria....        0.700  
 389 Pennsylvania                    Construct Wexford I-               
                                      79/SR 910                         
                                      Interchange,                      
                                      Allegheny Co.......        1.100  
 390 Minnesota                       Undertake                          
                                      improvements to                   
                                      Hennepin County                   
                                      Bikeway............        5.200  
 391 New Jersey                      Construct New Jersey               
                                      Exit 13A Flyover                  
                                      (extension of                     
                                      Kapkowsk Rd. to                   
                                      Trumbull St.)......        3.000  
 392 Texas                           Implement 'Hike and                
                                      Bike' trail                       
                                      program, Houston...        8.000  
 393 Puerto Rico                     Upgrade PR 30                      
                                      between PR 203 in                 
                                      Gurabo to PR 31 in                
                                      Juncos.............        8.000  
 394 Illinois                        Planning,                          
                                      engineering and                   
                                      first phase                       
                                      construction of                   
                                      beltway connector,                
                                      Decatur............       10.310  
 395 Texas                           Extend Texas State                 
                                      Highway 154 between               
                                      US 80W and State                  
                                      Highway 43S........        4.900  
 396 Illinois                        Construct bypass of                
                                      historic stone                    
                                      bridge, Maeystown..        0.820  
 397 Ohio                            Rehabilitate Martin                
                                      Luther King, Jr.                  
                                      Bridge, Toledo.....        2.000  
 398 Missouri                        Upgrade Little Blue                
                                      Expressway, Jackson               
                                      Co.................        3.000  
 399 Puerto Rico                     Upgrade PR 3 between               
                                      Rio Grande and                    
                                      Fajardo............        8.000  
 400 Illinois                        Reconstruct Cossitt                
                                      Ave. in LaGrange...        1.485  
 401 Pennsylvania                    Facilitate                         
                                      coordination 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.......        4.000  
 402 Connecticut                     Upgrade bridge over                
                                      Naugatuck River,                  
                                      Ansonia............        0.450  
 403 Pennsylvania                    Construct access                   
                                      road to Hastings                  
                                      Industrial Park,                  
                                      Cambria Co.........        6.400  
 404 Pennsylvania                    Construct Mon-                     
                                      Fayette Expressway                
                                      between Union Town                
                                      and Brownsville....       20.000  
 405 Washington                      Reconstruct I-5                    
                                      interchange, City                 
                                      of Lacy............        1.500  
 406 Dist. of Col.                   Construct bicycle                  
                                      and pedestrian                    
                                      walkway                           
                                      (Metropolitan                     
                                      Branch Trail),                    
                                      Union Station to                  
                                      Silver Spring......       10.000  
 407 New Jersey                      Upgrade I-78                       
                                      interchange and                   
                                      West Peddie St.                   
                                      ramps, Newark......        6.300  
 408 Tennessee                       Implement ITS                      
                                      technologies,                     
                                      Nashville..........        2.800  
 409 Connecticut                     Construct bicycle                  
                                      and pedestrian                    
                                      walkway, Town of                  
                                      East Hartford......        1.200  
 410 North Carolina                  Upgrade Highway 55                 
                                      between US 64 and                 
                                      State Route 1121,                 
                                      Wake and Durham                   
                                      Counties...........       23.000  
 411 Virginia                        Upgrade Route 501 in               
                                      Bedford County.....        1.000  
 412 Georgia                         Construct multi-                   
                                      modal passenger                   
                                      terminal, Atlanta..       16.000  
 413 Virginia                        Renovate Greater                   
                                      Richmond Transit                  
                                      transportation                    
                                      facility, Richmond.        5.000  
 414 Michigan                        Upgrade Van Dyke                   
                                      Road between M-59                 
                                      and Utica City                    
                                      limits.............        3.700  
 415 Pennsylvania                    Design, engineer,                  
                                      ROW 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..       14.000  
 416 Texas                           Construct two-lane                 
                                      parallel bridge,                  
                                      State Highway 146,                
                                      FM 517 to vicinity                
                                      of Dickinson Bayou.        4.850  
 417 North Dakota                    Upgrade US Rt. 52,                 
                                      Kenmare to                        
                                      Donnybrook.........        2.800  
 418 Minnesota                       Improve roads, Edge                
                                      of Wilderness,                    
                                      Grand Rapids to                   
                                      Effie..............        6.000  
 419 Virginia                        Construct access                   
                                      road, walking trail               
                                      and related                       
                                      facilities for the                
                                      Nicholsville                      
                                      Center, Scott Co...        0.225  
 420 Maryland                        Construct pedestrian               
                                      and bicycle path                  
                                      between Druid Hill                
                                      Park and Penn                     
                                      Station, Baltimore.        1.800  
 421 Illinois                        Construct access                   
                                      road to Melvin                    
                                      Price Locks and Dam               
                                      Visitors Center,                  
                                      Madison Co.........        1.500  
 422 New York                        Install advance                    
                                      traffic management                
                                      system along Cross                
                                      County Parkway                    
                                      between Saw Mill                  
                                      River Parkway and                 
                                      Hutchinson River                  
                                      Parkway............        4.000  
 423 South Carolina                  Construct I-77/SC #S-              
                                      20-30 interchange,                
                                      Fairfield Co.......        7.000  
 424 Pennsylvania                    Rehabilitate                       
                                      Jefferson Heights                 
                                      Bridge, Penn Hills.        1.500  
 425 Oregon                          Construct I-205/                   
                                      Sunnyside/                        
                                      Sunnybrook                        
                                      interchange and                   
                                      related extrension                
                                      road, Clackamas Co.       20.000  
 426 New York                        Conduct Trans-Hudson               
                                      Freight Improvement               
                                      MIS, New York City.        5.000  
 427 Illinois                        Construct Marion                   
                                      Street multi-modal                
                                      project in Village                
                                      of Oak Park........        2.000  
 428 Pennsylvania                    Upgrade roadway in                 
                                      the Princeton/                    
                                      Cottman I-95                      
                                      interchange and                   
                                      related                           
                                      improvements,                     
                                      Philadelphia.......       20.200  
 429 California                      Extend I-10 HOV                    
                                      lanes, Los Angeles.        2.940  
 430 Massachusetts                   Rehabilitate Union                 
                                      Station in                        
                                      Springfield........       16.000  
 431 California                      Upgrade Greenville                 
                                      Rd. and construct                 
                                      railroad underpass,               
                                      Livermore..........        6.800  
 432 Pennsylvania                    Extend Martin Luther               
                                      King, Jr. East                    
                                      Busway to link with               
                                      Mon-Fayette........        6.000  
 433 Michigan                        Construct                          
                                      improvements to                   
                                      Linden Rd. between                
                                      Maple Ave. and                    
                                      Pierson Rd.,                      
                                      Genessee Co........        1.200  
 434 Texas                           Construct Titus                    
                                      County West Loop,                 
                                      Mount Pleasant.....        2.500  
 435 New York                        Upgrade Riverside                  
                                      Drive between 97th                
                                      St. and Tiemann,                  
                                      New York City......        1.470  
 436 Florida                         Construct                          
                                      interchange at 21st               
                                      Street to provide                 
                                      access to                         
                                      Talleyrand Marine                 
                                      Terminal...........       11.300  
 437 Minnesota                       Upgrade CSAH 116                   
                                      north of SCAH 88 in               
                                      Ely................        1.600  
 438 New York                        Rehabilitate Queens                
                                      Blvd./Sunnyside                   
                                      Yard Bridge, New                  
                                      York City..........        8.000  
 439 Oregon                          Upgrade I-5, Salem..        6.592  
 440 California                      Install call boxes                 
                                      along Highway 166                 
                                      between                           
                                      intersection with                 
                                      Highway 101 and                   
                                      junction with                     
                                      Highway 33.........        0.288  
 441 Arkansas                        Construct US 63                    
                                      interchange with                  
                                      Washington Ave. and               
                                      Highway 63B........        2.000  
 442 Virginia                        Upgrade Rt. 600 to                 
                                      facilitate access                 
                                      between I-81 and                  
                                      Mount Rogers                      
                                      National Recreation               
                                      Area...............        8.000  
 443 Pennsylvania                    Construct bicycle                  
                                      and pedestrian                    
                                      facility between                  
                                      Washington's                      
                                      Landing and                       
                                      Millvale Borough,                 
                                      Allegheny Co.......        0.620  
 444 New Jersey                      Conduct Route 46                   
                                      Corridor                          
                                      Improvement Project               
                                      with of the amount                
                                      provided,                         
                                      $11,500,000 for the               
                                      Route 46/Riverview                
                                      Drive Interchange                 
                                      reconstruction                    
                                      project,                          
                                      $16,900,000 for the               
                                      Route 46/Van Houton               
                                      Avenue                            
                                      reconstruction                    
                                      project, and                      
                                      $4,100,000 for the                
                                      Route..............       32.500  
 445 Virginia                        Construct                          
                                      Southeastern                      
                                      Parkway and                       
                                      Greenbelt in                      
                                      Virginia Beach.....        4.000  
 446 Michigan                        Upgrade Hill Road                  
                                      corridor between I-               
                                      75 to Dort Highway,               
                                      Genesee Co.........        3.000  
 447 Louisiana                       Upgrade Lapalco                    
                                      Blvd. between                     
                                      Destrehan Ave. and                
                                      Lapalco Blvd.,                    
                                      Jefferson Parish...        8.000  
 448 California                      Upgrade South                      
                                      Higuera Street, San               
                                      Luis Obispo........        0.900  
 449 Rhode Island                    Reconstruct Harris                 
                                      Ave., Woonsocket...        2.000  
 450 California                      Construct Olympic                  
                                      Training Center                   
                                      Access Road, Chula                
                                      Vista..............        5.000  
 451 Alabama                         Construct bridge                   
                                      over Tennessee                    
                                      River connecting                  
                                      Muscle Shoals and                 
                                      Florence...........       10.000  
 452 North Carolina                  Construct I-540 from               
                                      east of NC Rt. 50                 
                                      to east of US Rt. 1               
                                      in Wake Co.........       13.000  
 453 Oregon                          Upgrade Murray Blvd.               
                                      including overpass                
                                      bridge, Millikan to               
                                      Terman.............        5.000  
 454 California                      Planning,                          
                                      preliminary                       
                                      engineering and                   
                                      design for Etiwanda               
                                      Ave./I-10                         
                                      interchange, San                  
                                      Bernardino Co......        2.000  
 455 Arkansas                        Upgrade US Rt. 412,                
                                      Mountain Home to                  
                                      Missouri State line       10.000  
 456 California                      Upgrade access road                
                                      to Mare Island.....        1.000  
 457 California                      Construct Prunedale                
                                      Bypass segment of                 
                                      U.S. 101, Monerey                 
                                      Co.................        2.200  
 458 Illinois                        Rehabilitate and                   
                                      upgrade 87th Street               
                                      Station to improve                
                                      intermodal access..        2.362  
 459 Wisconsin                       Upgrade US Rt. 10                  
                                      between Waupaca to                
                                      US Rt. 41..........        8.000  
 460 Minnesota                       Construct railroad                 
                                      crossing connecting               
                                      University of MN                  
                                      with City of                      
                                      Crookston..........        0.200  
 461 Wisconsin                       Construct Eau Claire               
                                      Bypass project.....        8.000  
 462 Illinois                        Resurface 63rd                     
                                      Street from Western               
                                      Avenue to Wallace,                
                                      Chicago............        0.750  
 463 New York                        Reconstruct Chili                  
                                      Ave. between W.                   
                                      City Line and West                
                                      Ave., Rochester....        1.600  
 464 West Virginia                   Construct I-81                     
                                      interchange,                      
                                      Martinsburg........        5.300  
 465 Texas                           Construct                          
                                      transportation                    
                                      improvements as                   
                                      part of                           
                                      redevelopment of                  
                                      Kelly AFB, San                    
                                      Antonio............        5.000  
 466 Oregon                          Construct roundabout               
                                      at intersection of                
                                      Highway 101 and                   
                                      Highway 202,                      
                                      Clatsop Co.........        0.400  
 467 Oregon                          Construct bike path                
                                      improvements                      
                                      between W.D. Street               
                                      to south parking                  
                                      lot in Island Park                
                                      and bicycle/                      
                                      pedestrian facility               
                                      between Island Park               
                                      path to the                       
                                      Willamalane Senior                
                                      Center, Springfield        0.100  
 468 Ohio                            Undertake multimodal               
                                      transportation                    
                                      improvements,                     
                                      Dayton.............        2.750  
 469 Massachusetts                   Upgrade Rt. 3                      
                                      between Rt. 128/I-                
                                      95 to Massachusetts               
                                      and New Hampshire                 
                                      State Line.........        8.200  
 40  Texas                           Conduct MIS for                    
                                      Multimodal Downtown               
                                      Improvement                       
                                      Project, San                      
                                      Antonio............        1.000  
 471 California                      Construct                          
                                      improvements to                   
                                      Route 101/Lost                    
                                      Hills Road                        
                                      interchange,                      
                                      Calabasas..........        5.790  
 472 Florida                         Construct John Young               
                                      Parkway/I-4                       
                                      interchange........        8.000  
 473 Texas                           Reconstruct FM 364                 
                                      between Humble Road               
                                      and I-10, Beaumont.        4.800  
 474 Texas                           Construct Austin to                
                                      San Antonio                       
                                      Corridor...........        9.500  
 475 Texas                           Construct East Loop,               
                                      Brownsville........        1.000  
 476 Illinois                        Upgrade South Lake                 
                                      Shore Driver                      
                                      between 47th and                  
                                      Hayes, Chicago.....        7.800  
 477 Alabama                         Construct Finley                   
                                      Ave. Extension East               
                                      project............        3.900  
 478 Tennessee                       Implement middle                   
                                      Tennessee                         
                                      alternative                       
                                      transportation                    
                                      system along the                  
                                      Stones River.......        9.500  
 479 Hawaii                          Construct                          
                                      improvements to H-1               
                                      between the Waiawa                
                                      interchange and the               
                                      Halawa interchange.        2.000  
 480 New Jersey                      Upgrade Industrial                 
                                      Road between                      
                                      Carteret and                      
                                      Woodbridge Township        3.000  
 481 Minnesota                       Restore MN                         
                                      Transportation                    
                                      facility, Jackson                 
                                      Street Roundhouse,                
                                      St. Paul...........        1.000  
 482 Hawaii                          Construct Kawahihee                
                                      Bypass.............        1.000  
 483 Georgia                         Upgrade U.S. Rt. 19                
                                      between Albany and                
                                      Thomaston..........        5.000  
 484 Michigan                        Upgrade M-15 from I-               
                                      75 north to the                   
                                      Genesee County line        0.500  
 485 Georgia                         Upgrade Lithonia                   
                                      Industrial                        
                                      Boulevard, DeKalb                 
                                      Co.................        0.500  
 486 Michigan                        Upgrade Walton Blvd.               
                                      between Dixie and                 
                                      Sashabaw, Oakland                 
                                      Co.................        2.000  
 487 Kentucky                        Reconstruct Liberty                
                                      and Todd Roads,                   
                                      Lexington..........        8.000  
 488 North Carolina                  Construct Charlotte                
                                      Western Outer Loop                
                                      freeway,                          
                                      Mecklenburg Co.....       16.000  
 489 Tennessee                       Construct Crosstown                
                                      Greenway/Bikeway,                 
                                      Springfield........        3.200  
 490 North Carolina                  Construct segment of               
                                      I-74 between Maxton               
                                      Bypass and NC 710,                
                                      Robeson Co.........        2.000  
 491 Pennsylvania                    Construct                          
                                      enhancements and                  
                                      related measures,                 
                                      including purchase                
                                      of vans for reverse               
                                      commutes, to                      
                                      intermodal facility               
                                      located at                        
                                      intersection of                   
                                      52nd and Lancaster                
                                      Ave., Philadelphia.        4.000  
 492 Illinois                        Undertake Industrial               
                                      Transportation                    
                                      Improvement Program               
                                      in Chicago.........        4.350  
 493 Illinois                        Resurface S. Chicago               
                                      Ave. From 71st to                 
                                      95th Streets,                     
                                      Chicago............        1.060  
 494 Texas                           Upgrade US Rt. 59                  
                                      between US 281 to I-              
                                      37.................       16.000  
 495 Tennessee                       Construct Stones                   
                                      River Greenway,                   
                                      Davidson...........        7.200  
 496 South Carolina                  Construct Calhoun/                 
                                      Clarendon Causeway.       10.000  
 497 Tennessee                       Construct U.S. 40                  
                                      bypass, Madison Co.        2.000  
 498 Mississippi                     Upgrade Land Fill                  
                                      Road, Panola Co....        1.000  
 499 Illinois                        Construct elevated                 
                                      walkway between                   
                                      Centre Station and                
                                      arena..............        1.200  
 500 New Jersey                      Construct                          
                                      interchange                       
                                      improvements and                  
                                      flyover ramps at I-               
                                      80W to Route D23N                 
                                      in Passaic Co......       10.000  
 501 Illinois                        Construct new                      
                                      entrance to Midway                
                                      Airport Terminal...        6.500  
 502 North Dakota                    Construct Jamestown                
                                      bypass.............        4.800  
 503 Illinois                        Resurface 95th St.                 
                                      between Western                   
                                      Ave. and Stony                    
                                      Island Blvd.,                     
                                      Chicago............        3.120  
 504 Massachusetts                   Upgrade Rt. 9/Calvin               
                                      Coolidge Bridge,                  
                                      Hadley.............       10.000  
 505 Oregon                          Acquire and                        
                                      rennovate facility                
                                      to serve as                       
                                      multimodal                        
                                      transportation                    
                                      center, Eugene.....        3.590  
 506 Tennessee                       Upgrade SR 386                     
                                      between US 31 to                  
                                      the Gallatin                      
                                      Bypass, Sumner Co..        3.440  
 507 American Samoa                  Construct drainage                 
                                      system improvements               
                                      associated with                   
                                      highway                           
                                      construction on                   
                                      Tutilla Island,                   
                                      American Samoa.....        5.000  
 508 Ohio                            Replace I-280 bridge               
                                      over Maumee River,                
                                      Toledo area........       24.000  
 509 Pennsylvania                    Improve access to                  
                                      McKeesport-Duquesne               
                                      Bridge.............        2.268  
 510 Wisconsin                       Upgrade State                      
                                      Highway 29 between                
                                      Green Bay and                     
                                      Wausau.............       12.000  
 511 California                      Construct State                    
                                      Route 905 between I-              
                                      805 and the Otay                  
                                      Mesa Border                       
                                      Crossing, San Diego               
                                      Co.................       25.000  
 512 California                      Undertake median                   
                                      improvements along                
                                      E. 14th St., San                  
                                      Leandro............        1.000  
 513 Virginia                        Conduct preliminary                
                                      engineering on I-73               
                                      between Roanoke and               
                                      Virginia/North                    
                                      Carolina State line        4.000  
 514 Illinois                        Upgrade industrial                 
                                      park road in                      
                                      Village of Sauget..        4.500  
 515 Massachusetts                   Construct TeleCom                  
                                      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..        7.000  
 516 Rhode Island                    Construct Blackstone               
                                      River Bikeway......        3.455  
 517 Oregon                          Construct intermodal               
                                      station, Clackamas                
                                      Co.................        0.600  
 518 Illinois                        Rehabilitate Western               
                                      Springs Arterial                  
                                      Roadway, Cook Co...        0.825  
 519 California                      Implement enhanced                 
                                      traffic access                    
                                      between I-10, area                
                                      hospitals and                     
                                      southern portion of               
                                      Loma Linda.........        2.000  
 520 Maine                           Replace Ridlonville                
                                      Bridge across                     
                                      Androscoggin River.        1.500  
 521 New York                        Capital improvements               
                                      for the Red Hook                  
                                      Barge in NY/NJ for                
                                      the Port Authority                
                                      of NY/NJ...........        5.000  
 522 Oregon                          Construct bike path                
                                      between Terry                     
                                      Street and                        
                                      Greenhill Road,                   
                                      Eugene.............        1.500  
 523 Texas                           Conduct pipeline                   
                                      express study                     
                                      through Texas                     
                                      Transportation                    
                                      Institute (A&M                    
                                      University)........        1.500  
 524 North Carolina                  Construct segment of               
                                      Raleigh Outer Loop,               
                                      Wake Co............        2.700  
 525 North Carolina                  Construct segment of               
                                      new freeway,                      
                                      including right-of-               
                                      way acquisition,                  
                                      between East of US                
                                      401 to I-95, and                  
                                      bridge over Cape                  
                                      Fear River.........       16.000  
 526 Kentucky                        Construct Newton                   
                                      Pike Extension                    
                                      between West Main                 
                                      St. to South                      
                                      Limestone in                      
                                      Lexington..........        8.000  
 527 Indiana                         Extend SR 149                      
                                      between SR 130 to                 
                                      US Rt. 30,                        
                                      Valparaiso.........        4.000  
 528 California                      Implement safety and               
                                      congestion                        
                                      mitigation                        
                                      improvements along                
                                      Pacific Coast                     
                                      Highway, Malibu....        0.650  
 529 Maryland                        Upgrade I-95/I-495                 
                                      interchange at                    
                                      Ritchie Marlboro                  
                                      Rd., Prince Georges        4.800  
 530 Michigan                        Construct arterial                 
                                      connector between                 
                                      US41/M28 and Co.                  
                                      Rd. 480, Marquette.        0.500  
 531 Ohio                            Construct SR 711                   
                                      connector four-lane               
                                      limited access                    
                                      highway in Mahoning               
                                      Co.................       25.000  
 532 Illinois                        Study for new bridge               
                                      over Mississippi                  
                                      River with terminus               
                                      points in St. Clair               
                                      County and St.                    
                                      Louis, MO..........        1.400  
 533 Michigan                        Upgrade Three Mile                 
                                      Road, Grand                       
                                      Traverse...........        1.000  
 534 Wisconsin                       Construct Abbotsford               
                                      Bypass.............        6.000  
 535 North Carolina                  Upgrade US 13/NC11                 
                                      (including Bethel                 
                                      bypass) in Pitt and               
                                      Edgecombe..........        2.000  
 536 New Jersey                      Construct highway                  
                                      connector between                 
                                      Interstate Route                  
                                      1&9 (Tonelle Ave.)                
                                      and the New Jersey                
                                      Turnpike at                       
                                      Secaucus Intermodal               
                                      Transfer Rail                     
                                      Station............        5.000  
 537 Iowa                            Reconstruct US                     
                                      Highway 218 between               
                                      7th and 20th                      
                                      Streets including                 
                                      center turn lane                  
                                      from Hubenthal                    
                                      Place to Carbide                  
                                      Lane, Keokuk.......        2.500  
 538 Minnesota                       Construct grade                    
                                      crossing                          
                                      improvments,                      
                                      Morrison County....        1.800  
 539 California                      Upgrade Bristol St.,               
                                      Santa Ana..........        7.000  
 540 Illinois                        Undertake access                   
                                      improvements to                   
                                      U.S. Rt. 41,                      
                                      Chicago............        3.750  
 541 Illinois                        Reconstruct Dixie                  
                                      Highway, Harvey....        0.494  
 542 Minnesota                       Upgrade CSAH between               
                                      TH324 and Snake                   
                                      River..............        1.200  
 543 California                      Rehabilitate B                     
                                      Street between                    
                                      Foothill Blvd. and                
                                      Kelly St., Hayward.        0.700  
 544 Illinois                        Construct                          
                                      improvements to                   
                                      Pleasant Hill Road,               
                                      Carbondale.........        3.500  
 545 Mississippi                     Construct access                   
                                      improvments to                    
                                      various roads,                    
                                      Humphreys Co.......        1.000  
 546 Michigan                        Construct safety                   
                                      enhancements at                   
                                      rail crossings,                   
                                      Linden, Fenton,                   
                                      Swartz Creek and                  
                                      Gaines.............        1.000  
 547 Maryland                        Implement city-wide                
                                      signal control                    
                                      system replacements               
                                      and improvements in               
                                      Baltimore..........       17.700  
 548 Michigan                        Construct road                     
                                      drainage                          
                                      improvements,                     
                                      Suttons Bay Village        0.240  
 549 West Virginia                   Upgrade Route 10                   
                                      between Logan and                 
                                      Man................       50.000  
 550 California                      Construct Gene Autry               
                                      Way/I-5 Access                    
                                      project, Anaheim...        9.000  
 551 Tennessee                       Reconstruct US 79                  
                                      between Milan and                 
                                      McKenzie...........        4.000  
 552 Illinois                        Reconstruct                        
                                      Midlothian                        
                                      Turnpike, Robbins..        0.288  
 553 California                      Construct connector                
                                      between I-5 and SR                
                                      113 and reconstruct               
                                      I-5 interchange                   
                                      with Road 102,                    
                                      Woodland...........       11.500  
 554 Massachusetts                   Reconstruct Route 2/               
                                      Jackson Road                      
                                      interchange,                      
                                      Lancaster..........        3.600  
 555 California                      Construct Airport                  
                                      Blvd. interchange                 
                                      in Salinas.........        8.000  
 556 California                      Construct Third                    
                                      Street South Bay                  
                                      Basin Bridge, San                 
                                      Francisco..........       12.500  
 557 Minnesota                       Reconstruct CSAH 48                
                                      extension, Brainerd/              
                                      Baxter.............        0.320  
 558 Florida                         Upgrade U.S. 319                   
                                      between Four Points               
                                      and Oak Ridge Road,               
                                      Tallahasee.........        4.000  
 559 Connecticut                     Reconstruct I-84                   
                                      between vicinity of               
                                      Route 69 in                       
                                      Waterbury and                     
                                      Marion Avenue in                  
                                      Southington........        6.000  
 560 California                      Upgrade Riverside                  
                                      Avenue/I-10                       
                                      interchange, Rialto        0.925  
 561 Illinois                        Consolidate rail                   
                                      tracks and                        
                                      eliminate grade                   
                                      crossings as part                 
                                      of Gateway                        
                                      Intermodal Terminal               
                                      access project.....        1.500  
 562 Pennsylvania                    Construct Robinson                 
                                      Town Centre                       
                                      intermodal facility        2.700  
 563 North Carolina                  Construct bridge                   
                                      over Chockoyotte                  
                                      Creek in Halifex                  
                                      Co.................        1.800  
 564 Texas                           Investigate                        
                                      strategies to                     
                                      reduce congestion                 
                                      and facilitate                    
                                      access at the                     
                                      international                     
                                      border crossing in                
                                      Roma...............        0.250  
 565 Hawaii                          Construct Waimea                   
                                      Bypass.............        1.000  
 566 Oregon                          Reconstruct I-5/                   
                                      Beltline Road                     
                                      interchange........        3.000  
 567 Ohio                            Construct Intermodal               
                                      Industrial Park in                
                                      Wellsville.........        2.040  
 568 Ohio                            Upgrade Route 82,                  
                                      Strongsville.......        7.000  
 569 California                      Construct pedestrian               
                                      promenade, Pismo                  
                                      Beach..............        0.200  
 570 Dist. of Col.                   Conduct MIS of light               
                                      rail corridors,                   
                                      D.C................        1.000  
 571 California                      Upgrade I-680                      
                                      Corridor, Alameda                 
                                      Co.................       10.000  
 572 Ohio                            Construct new bridge               
                                      over Muskingum                    
                                      River and highway                 
                                      approaches,                       
                                      Washington County..        2.000  
 573 Massachusetts                   Construct                          
                                      improvements along                
                                      Route 18 to provide               
                                      for access to                     
                                      waterfront and                    
                                      downtown areas, New               
                                      Bedford............       12.000  
 574 Minnesota                       Upgrade Cross-Range                
                                      Expressway between                
                                      Coleraine to CSAH 7        6.000  
 575 Illinois                        Construct                          
                                      transportation                    
                                      improvements to                   
                                      Industrial Viaduct,               
                                      Chicago............        1.500  
 576 Pennsylvania                    Construct American                 
                                      Parkway Bridge                    
                                      project in                        
                                      Allentown..........        4.000  
 577 Pennsylvania                    Replace Grant Street               
                                      Bridge, New Castle.        2.400  
 578 Illinois                        Extend South 74th                  
                                      Street, Belleville.        0.500  
 579 California                      Construct Phase 3 of               
                                      Alameda Street                    
                                      project, Los                      
                                      Angeles............        6.000  
 580 New York                        Rehabilitate Third                 
                                      Avenue Bridge over                
                                      Harlem River, New                 
                                      York City..........        1.470  
 581 West Virginia                   Upgrade Route 2 in                 
                                      Cabell Co.,                       
                                      including the                     
                                      relocation of Route               
                                      2 to provide for a                
                                      connection to I-64                
                                      (Merrick Creek                    
                                      Connector).........       25.000  
 582 Minnesota                       Construct Shepard                  
                                      Road/Upper Landing                
                                      interceptor, St.                  
                                      Paul...............        3.000  
 583 Illinois                        Construct                          
                                      improvements to                   
                                      segment of Town                   
                                      Creek Road, Jackson               
                                      Co.................        1.300  
 584 Minnesota                       Complete                           
                                      construction of                   
                                      Forest Highway 11,                
                                      Lake Co............        5.000  
 585 Ohio                            Construct access and               
                                      related                           
                                      improvements to                   
                                      Downtown Riverfront               
                                      Area, Dayton.......        4.900  
 586 Minnesota                       Replace Sauk Rapids                
                                      Bridge over                       
                                      Mississippi River,                
                                      Stearns and Benton                
                                      Counties...........       10.300  
 587 Ohio                            Replace Jacobs Road                
                                      Bridge, Mahoning                  
                                      Co.................        2.000  
 588 North Carolina                  Make improvements to               
                                      I-95/SR-1162                      
                                      interchange in                    
                                      Johnston Co........        3.200  
 589 Oregon                          Rehabilitate                       
                                      Broadway Bridge in                
                                      Portland...........       10.000  
 590 Minnesota                       Construct Trunk                    
                                      Highway 169                       
                                      Causeway, Itasca                  
                                      Co.................        8.100  
 591 Minnesota                       Construct Cass                     
                                      County Public                     
                                      Trails Corridors...        0.240  
 592 Tennessee                       Construct park and                 
                                      ride intermodal                   
                                      centers for                       
                                      Nashville/Middle                  
                                      Tennessee Commuter                
                                      Rail...............        8.000  
 593 California                      Construct bicycle                  
                                      path, Calabasas....        0.500  
 594 Mississippi                     Upgrade Hampton Lake               
                                      Road, Tallahatchie                
                                      Co.................        0.880  
 595 Michigan                        Upgrade M.L. King                  
                                      Drive. Genesee Co..        2.000  
 596 Michigan                        Facilitate access                  
                                      between I-75 and                  
                                      Soo Locks through                 
                                      road                              
                                      reconstruction,                   
                                      bikepath                          
                                      construction and                  
                                      related                           
                                      improvements, Sault               
                                      Ste. Marie.........        1.000  
 597 New York                        Construct Midtown                  
                                      West Intermodal                   
                                      Ferry Terminal, New               
                                      York City..........        5.000  
 598 Michigan                        Construct Jackson                  
                                      Road project                      
                                      (demonstrating                    
                                      performance of                    
                                      paper and plastic                 
                                      reinforced                        
                                      concrete), Scio                   
                                      Township...........        4.600  
 599 Alabama                         Upgrade Opoto-Madrid               
                                      Blvd., Birmingham..        1.400  
 600 Michigan                        Reconstruct Bagley                 
                                      Street and improve                
                                      Genschaw Road,                    
                                      Alpena.............        0.600  
 601 Texas                           Reconstruct State                  
                                      Highway 87 between                
                                      Sabine Pass and                   
                                      Bolivar Penninsula,               
                                      McFadden Beach.....        1.294  
 602 Arkansas                        Construct Baseline                 
                                      Road RR grade                     
                                      separation, Little                
                                      Rock...............        5.000  
 603 Louisiana                       Construct I-10/                    
                                      Louisiana Ave.                    
                                      interchange........        8.000  
 604 Oregon                          Construct regional                 
                                      multimodal                        
                                      transportation                    
                                      center in Albany...       10.320  
 605 Oregon                          Repair Coos Bay rail               
                                      bridge, Port of                   
                                      Coos Bay...........        5.500  
 606 Illinois                        Upgrade Illinois 336               
                                      between Illinois 61               
                                      to south of Loraine        5.100  
 607 Illinois                        Right-of-way                       
                                      acquisition for                   
                                      segment of Alton                  
                                      Bypass between                    
                                      Illinois 143 to                   
                                      Illinois 140 near                 
                                      Alton..............        4.000  
 608 Oregon                          Restore the Historic               
                                      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............        2.000  
 609 New Jersey                      Reconstruct                        
                                      intermodal                        
                                      transportation                    
                                      facility on                       
                                      Bergenline Ave.,                  
                                      Union City.........        4.000  
 610 Tennessee                       Upgrade US 231                     
                                      between SR 268 and                
                                      Walter Hill,                      
                                      Rutherford.........        5.100  
 611 Minnesota                       Extend County State                
                                      Highway 61                        
                                      extension into Two                
                                      Harbors............        0.800  
 612 Mississippi                     Upgrade roads,                     
                                      Washington Co......        4.410  
 613 Michigan                        Upgrade M-24 from I-               
                                      75 to the northern                
                                      Oakland Co. border.        0.500  
 614 Washington                      Construct Sequim/                  
                                      Dungeness Valley                  
                                      trail project......        1.000  
 615 California                      Construct HOV lane                 
                                      and bicycle lane                  
                                      within the Glendale               
                                      Blvd. corridor in                 
                                      Los Angeles........       16.000  
 616 Michigan                        Upgrade Groveland                  
                                      Mine Road,                        
                                      Dickinson..........        0.500  
 617 Pennsylvania                    Upgrade Route 219                  
                                      between Meyersdale                
                                      and Somerset.......        5.000  
 618 Texas                           Upgrade IH-30                      
                                      between Dallas and                
                                      Ft. Worth..........       29.000  
 619 Florida                         Upgrade U.S. 319                   
                                      between I-10 and                  
                                      the Florida/George                
                                      State line.........        4.000  
 620 Rhode Island                    Construct Rhode                    
                                      Island Greenways                  
                                      and Bikeways                      
                                      projects with of                  
                                      the amount provided               
                                      $5,700,000 for the                
                                      Washington                        
                                      Secondary Bikepath,               
                                      and $2,100,000 for                
                                      the South County                  
                                      Bikepath Phase 2...        7.800  
 621 Texas                           Conduct feasability                
                                      study on upgrading                
                                      SH 16 in South                    
                                      Texas..............        0.250  
 622 Virginia                        Construct road                     
                                      improvement,                      
                                      trailhead                         
                                      development and                   
                                      related facilities                
                                      for Haysi to Breaks               
                                      Interstate Bicycle                
                                      and Pedestrian                    
                                      Trail between Haysi               
                                      and Garden Hole                   
                                      area of Breaks                    
                                      Interstate Park....        0.250  
 623 Minnesota                       Upgrade CSAH 16                    
                                      between TH 53 and                 
                                      CSAH 4.............        5.400  
 624 Minnesota                       Construct bicycle                  
                                      and pedestrian                    
                                      facility (Mesabi                  
                                      Trail), St. Louis                 
                                      County.............        3.000  
 625 Ohio                            Construct Black                    
                                      River Intermodal                  
                                      Center, Lorain.....        2.400  
 626 Pennsylvania                    Reconstruct                        
                                      structures and                    
                                      adjacent roadway,                 
                                      Etna and Aspenwall                
                                      (design and right-                
                                      of-way acquisition                
                                      phases), Allegheny                
                                      Co.................        3.700  
 627 Florida                         Construct safety                   
                                      improvements and                  
                                      beautification                    
                                      along U.S. 92,                    
                                      Daytona Beach......        3.000  
 628 Georgia                         Undertake major                    
                                      arterial                          
                                      enhancements in                   
                                      DeKalb Co. with the               
                                      amount provides as                
                                      follows: $7,000,000               
                                      for Candler Rd.,                  
                                      $7,500,000 for                    
                                      Memorial Highway                  
                                      and $900,000 for                  
                                      Bufford Highway....       15.400  
 629 Minnesota                       Construct highway                  
                                      construction                      
                                      between Highway 494               
                                      and Carver Co. Rd.                
                                      147................        4.000  
 630 California                      Construct                          
                                      improvements to                   
                                      Harry Bridges                     
                                      Blvd., Los Angeles.        9.100  
 631 California                      Extend Route 46                    
                                      expressway in San                 
                                      Luis Obispo Co.....        8.000  
 632 Michigan                        Upgrade M-84                       
                                      connector between                 
                                      Tittabawasee Rd.                  
                                      and M-13, Bay and                 
                                      Saginaw Counties...       16.180  
 633 California                      Construct I-380                    
                                      connector between                 
                                      Sneath Lane and San               
                                      Bruno Ave., San                   
                                      Bruno..............        2.800  
 634 Maryland                        Reconstruct segment                
                                      of Baltimore                      
                                      Beltway between                   
                                      U.S. 1 and I-70....        9.000  
 635 Ohio                            Construct                          
                                      interchange at SR                 
                                      11 and King Graves                
                                      Rd. in Trumball Co.        4.800  
 636 Tennessee                       Construct Franklin                 
                                      Road interchange                  
                                      and bypass.........        2.000  
 637 Arkansas                        Construct access                   
                                      routes between                    
                                      interstate highway,               
                                      industrial park and               
                                      Slackwater Harbor,                
                                      Little Rock........        1.000  
 638 California                      Upgrade I-880,                     
                                      Alameda............       10.000  
 639 Maine                           Upgrade Route 11....        4.000  
 640 Minnesota                       Upgrade 77th St.                   
                                      between I-35W and                 
                                      24th Ave. to four                 
                                      lanes in Richfield.       22.800  
 641 Rhode Island                    Reconstruct                        
                                      Pawtucket Ave. and                
                                      Wilcott St.,                      
                                      Pawtucket..........        1.500  
 642 Ohio                            Construct grade                    
                                      separations at                    
                                      Fitch Road in                     
                                      Olmsted Falls......        5.000  
 643 New Jersey                      Upgrade Market St./                
                                      Essex St. and                     
                                      Rochelle Ave./Main                
                                      St. to facilitate                 
                                      access to Routes 17               
                                      and 80, Bergen Co..        5.000  
 644 Alabama                         Construct                          
                                      improvements to                   
                                      Ensley Avenue                     
                                      between 20th St.                  
                                      and Warrior Rd.,                  
                                      Birmingham.........        1.000  
 645 California                      Seismic retrofit of                
                                      Golden Gate Bridge.        2.000  
 646 Illinois                        Extend Rogers Street               
                                      to mitigate                       
                                      congestion,                       
                                      Waterloo...........        1.900  
 647 Massachusetts                   Construct I-95/I-93                
                                      interchange, Boston        5.000  
 648 Minnesota                       Upgrade TH 13                      
                                      between TH 77 and I-              
                                      494................        2.000  
 649 Indiana                         Upgrade Ridge Road                 
                                      between Griffith                  
                                      and Highland.......        4.400  
 650 California                      Construct bikeways,                
                                      Santa Maria........        0.512  
 651 Pennsylvania                    Upgrade PA 61                      
                                      between PA 895 and                
                                      SR 2014, Schuylkill               
                                      Co.................        8.000  
 652 Pennsylvania                    Construct road                     
                                      connector and                     
                                      bridge over                       
                                      Allegheny River to                
                                      link New Kensington               
                                      with Allegheny                    
                                      Valley Expressway..        5.000  
 653 Alabama                         Replace pedestrian                 
                                      bridges at Village                
                                      Creek and Valley                  
                                      Creek, Birmingham..        0.100  
 654 Arkansas                        Upgrade U.S. 65 in                 
                                      Faulkner and Van                  
                                      Buren Counties.....        4.000  
 655 Illinois                        Reconstruct U.S. 6,                
                                      Harvey.............        1.660  
 656 Texas                           Construct                          
                                      improvements along                
                                      US 69 including                   
                                      frontage roads,                   
                                      Jefferson Co.......        7.680  
 657 North Carolina                  Relocate US 1 from                 
                                      north of Lakeview                 
                                      to SR 1180, Moore                 
                                      and Lee Counties...        7.300  
 658 Massachusetts                   Reconstruct Bates                  
                                      Bridge over                       
                                      Merrimack River....        4.000  
 659 Oregon                          Design and                         
                                      engineering for                   
                                      Newberg-Dundee                    
                                      Bypass.............        0.500  
 660 Massachusetts                   Construct Packets                  
                                      Landing Enhancement               
                                      and Restoration                   
                                      Project, Town of                  
                                      Yarmouth...........        1.000  
 661 Massachusetts                   Construct roadway                  
                                      improvements on                   
                                      Crosby Drive and                  
                                      Middlesex Turnpike,               
                                      Beford, Burlington                
                                      and Billerica......        7.717  
 662 Tennessee                       Construct SR22                     
                                      Bypass, Obion Co...       10.000  
 663 Indiana                         Reconstruct US Rt.                 
                                      231 between                       
                                      junction of State                 
                                      Road 66 to Dubois                 
                                      Co. line...........        4.500  
 664 Massachusetts                   Upgrade Lowell                     
                                      Street between                    
                                      Woburn Street and                 
                                      Route 38, Town of                 
                                      Wilmington.........        1.440  
 665 New York                        Redesign Grand                     
                                      Concourse to                      
                                      enhance traffic                   
                                      flow and related                  
                                      enhancements                      
                                      between E. 161st                  
                                      St. and Fordham                   
                                      Rd., New York City.       13.000  
 666 Massachusetts                   Upgrade Spring St.                 
                                      between Bank and                  
                                      Latham Streets,                   
                                      Williamstown.......        2.000  
 667 Massachusetts                   Construct bikeway                  
                                      between Blackstone                
                                      and Worcester......        8.000  
 668 Indiana                         Repair signal wires,               
                                      grade-crossing                    
                                      warning devices and               
                                      other safety                      
                                      protections along                 
                                      South Shore                       
                                      Railroad between                  
                                      Gary and Michigan                 
                                      City...............        0.700  
 669 Hawaii                          Upgrade Puuloa Road                
                                      between Kamehameha                
                                      Highway and Salt                  
                                      Lake Blvd..........        9.000  
 670 California                      Upgrade call boxes                 
                                      throughout Santa                  
                                      Barbara County.....        1.500  
 671 Missouri                        Upgrade Route 6                    
                                      between I-29 and                  
                                      Route AC, St.                     
                                      Joseph.............        5.000  
 672 Tennessee                       Upgrade Briley                     
                                      Parkway between                   
                                      McGavock Pike and I-              
                                      65.................        9.000  
 673 Wisconsin                       Upgrade Highway 151                
                                      between Platteville               
                                      and Dubuque........        8.000  
 674 Michigan                        Construct Detroit                  
                                      Metropolitan/Wayne                
                                      County South Access               
                                      Road...............       20.000  
 675 Missouri                        Upgrade Route 36                   
                                      between Hamilton                  
                                      and Chillicothe....       20.000  
 676 Pennsylvania                    Extend Martin Luther               
                                      King Busway,                      
                                      Alleghany Co.......        2.200  
 677 Illinois                        Study upgrading                    
                                      Illinois 13/127                   
                                      between Murphysboro               
                                      and Pinckneyville..        2.100  
 678 Pennsylvania                    Construct access to                
                                      site of former                    
                                      Philadelphia Naval                
                                      Shipyard and Base,                
                                      Philadelphia.......        2.000  
 679 California                      Construct extension                
                                      of State Route 180                
                                      between Rt. 99 and                
                                      the Hughes/West                   
                                      Diagonal...........        8.000  
 680 Iowa                            Construct overpass                 
                                      to eliminate                      
                                      railroad crossing                 
                                      in Burlington......        3.475  
 681 West Virginia                   Construct Riverside                
                                      Expressway,                       
                                      Fairmont...........       36.000  
 682 Massachusetts                   Construct South                    
                                      Weymouth Naval Air                
                                      Station                           
                                      Connectivity                      
                                      Improvements.......       16.300  
 683 Ohio                            Construct Eastern US               
                                      Rt. 23 bypass of                  
                                      Portsmouth.........        5.000  
 684 Texas                           Construct highway-                 
                                      rail-marine                       
                                      intermodal project,               
                                      Corpus Christi.....       11.000  
 685 Illinois                        Construct Central                  
                                      Ave.-Narragansett                 
                                      Ave. connector,                   
                                      Chicago............        8.700  
 686 Massachusetts                   Preliminary design                 
                                      of Route 2                        
                                      connector to                      
                                      downtown Fitchburg.        2.000  
 687 Connecticut                     Implement Trinity                  
                                      College Area road                 
                                      improvements,                     
                                      Hartford...........        6.810  
 688 New Jersey                      Construct                          
                                      Collingswood Circle               
                                      eliminator, Camen..        8.000  
 689 Virginia                        Upgrade Virginia                   
                                      Route 10, Surrey                  
                                      Co.................        1.000  
 690 Alabama                         Construct repairs to               
                                      viaducts connecting               
                                      downtown and                      
                                      midtown areas,                    
                                      Birmingham.........        0.600  
 691 Connecticut                     Replace Windham Road               
                                      bridge, Windham....        2.000  
 692 Maine                           Implement rural ITS.        0.250  
 693 Tennessee                       Construct SR22                     
                                      Bypass, Obion Co...       10.000  
 694 Ohio                            Construct Black                    
                                      River intermodal                  
                                      transportation                    
                                      center.............        5.600  
 695 California                      Construct the South                
                                      Central Los Angeles               
                                      Exposition Park                   
                                      Intermodal Urban                  
                                      Access Project in                 
                                      Los Angeles........       26.000  
 696 Georgia                         Upgrade I-75 between               
                                      the Crisp/Dooly Co.               
                                      line to the Florida               
                                      State line.........       11.000  
 697 California                      Construct bicycle                  
                                      paths as part of                  
                                      regional system,                  
                                      Agoura Hills.......        0.100  
 698 Massachusetts                   Construct bicycle                  
                                      and pedestrian                    
                                      facility (The                     
                                      Riverwalk), Peabody        1.440  
 699 California                      Construct I-5 rail                 
                                      grade crossings                   
                                      between I-605 and                 
                                      State Route 91, Los               
                                      Angeles and Orange                
                                      Counties...........       20.120  
 700 California                      Construct tunnel                   
                                      with approaches as                
                                      part of Devils                    
                                      Slide project in                  
                                      San Mateo Co.......        8.000  
 701 Texas                           Construct US Highway               
                                      59 railroad                       
                                      crossing overpass                 
                                      in Texarkana.......        3.500  
 702 South Carolina                  Construct                          
                                      improvements to I-                
                                      95/SC 38                          
                                      interchange........        9.000  
 703 Texas                           Construct Cleveland                
                                      Bypass.............       13.500  
 704 Illinois                        Rehabilitate WPA                   
                                      Streets in Chicago.        4.700  
 705 California                      Implement ITS                      
                                      technologies in                   
                                      Employment Center                 
                                      area of City of El                
                                      Segundo............        3.550  
 706 California                      Construct grade-                   
                                      separated bicycle                 
                                      path along Los                    
                                      Angeles River                     
                                      between Fulton Ave.               
                                      to the vicinity of                
                                      Sepulveda Blvd. and               
                                      the Sepulveda Basin               
                                      Recreation Area,                  
                                      Los Angeles........        1.600  
 707 Michigan                        Replace Barton Rd./M-              
                                      14 interchange, Ann               
                                      Arbor..............        1.000  
 708 Missouri                        Upgrade Mo. Rt. 150,               
                                      Jackson Co.........        3.000  
 709 Michigan                        Construct M-24                     
                                      Corridor from I-69                
                                      to southern Lapeer                
                                      County.............        4.000  
 710 Virginia                        Upgrade Route 58                   
                                      from Stuart up                    
                                      Lovers' Leap                      
                                      Mountain towards                  
                                      Carroll Co.........        7.000  
 711 Massachusetts                   Implement Cape and                 
                                      Islands Rural Roads               
                                      Initiative, Cape                  
                                      Cod................        0.500  
 712 New York                        Rehabilitate                       
                                      Broadway Bridge,                  
                                      New York City......        1.470  
 713 Massachusetts                   Implement Phase II                 
                                      of unified signage                
                                      system, Essex Co...        0.391  
 714 Arizona                         Design, engineering                
                                      and ROW acquisition               
                                      for Area Service                  
                                      Highway, Yuma......        1.000  
 715 Alabama                         Construct Decatur                  
                                      Southern Bypass....        2.000  
 716 California                      Construct new I-95                 
                                      interchange with                  
                                      Highway 99W, Tehama               
                                      Co.................        2.200  
 717 New York                        Study transportation               
                                      improvements for                  
                                      segments of                       
                                      Hutchinson River                  
                                      Parkway and New                   
                                      England Thruway                   
                                      which pass through                
                                      the Northeast Bronx        0.750  
 718 California                      Construct Alameda                  
                                      Corridor East, San                
                                      Gabriel Valley.....        2.940  
 719 Massachusetts                   Reconstruct Pleasant               
                                      Street-River                      
                                      Terrace, Holyoke...        1.600  
 720 Mississippi                     Upgrade Alva-Stage                 
                                      Rd., Montgomery Co.        1.500  
 721 New York                        Upgrade Frederick                  
                                      Douglas Circle, New               
                                      York City..........       14.650  
 722 West Virginia                   Construct New River                
                                      Parkway............        6.000  
 723 Illinois                        Upgrade Wood Street                
                                      between Little                    
                                      Calumet River to                  
                                      171st St., Dixmore,               
                                      Harvey, Markham,                  
                                      Hazel Crest........        0.990  
 724 Michigan                        Improve Hoban Road                 
                                      and Grand Avenue,                 
                                      City of Mackinac                  
                                      Island.............        1.120  
 725 Oregon                          Construct South                    
                                      Rivergate rail                    
                                      overcrossing in                   
                                      Portland...........       13.000  
 726 Mississippi                     Upgrade West County                
                                      Line Road, City of                
                                      Jackson............       11.000  
 727 Massachusetts                   Implement                          
                                      directional signage               
                                      program between                   
                                      Worcester CBD and                 
                                      regional airport...        0.600  
 728 California                      Upgrade D Street                   
                                      between Grand and                 
                                      Second Streets,                   
                                      Hayward............        1.200  
 729 Pennsylvania                    Construction of                    
                                      noise barriers                    
                                      along State Route                 
                                      28, Aspinwall......        0.800  
 730 Michigan                        Upgrade Tittabawasee               
                                      Road between                      
                                      Mackinaw Road and                 
                                      Midland Road,                     
                                      Saginaw Co.........        4.000  
 731 South Carolina                  Construct North                    
                                      Charleston Regional               
                                      Intermodal Center..        4.500  
 732 Ohio                            Upgrade SR 7                       
                                      (Eastern Ave.) to                 
                                      improve traffic                   
                                      flow into                         
                                      Gallipolis, Gallia                
                                      Co.................        2.000  
 733 California                      Modify HOV lanes,                  
                                      Marin Co...........        7.000  
 734 Minnesota                       Construct Highway                  
                                      210 trail/                        
                                      underpass, Brainerd/              
                                      Baxter.............        0.640  
 735 Pennsylvania                    Design, engineer,                  
                                      ROW acquisition and               
                                      construct the                     
                                      Wilkes-Barre/                     
                                      Scranton                          
                                      International                     
                                      Airport Access Road               
                                      between Route 315                 
                                      and the airport....        2.000  
 736 Tennessee                       Construct greenway                 
                                      and bicycle path                  
                                      corridor, City of                 
                                      White House........        3.800  
 737 Texas                           Upgrade Highway 271                
                                      between Paris and                 
                                      Pattonville........        2.000  
 738 North Carolina                  Upgrade NC 48 in                   
                                      Halifax and                       
                                      Northampton                       
                                      Counties...........        1.500  
 739 Connecticut                     Revise interchange                 
                                      ramp on to Route 72               
                                      northbound from I-                
                                      84 East in                        
                                      Plainville,                       
                                      Connecticut........        3.750  
 740 California                      Improve Mission                    
                                      Boulevard in San                  
                                      Bernardino,                       
                                      California.........        8.500  
 741 Ohio                            Widen and                          
                                      reconstruct State                 
                                      Route 82 from                     
                                      Lorain/Cuyahoga                   
                                      County line to l.R.               
                                      77.................        8.000  
 742 Tennessee                       Widen US-321 from                  
                                      Kinzel Springs to                 
                                      Wean Valley Road...        9.100  
 743 New Hampshire                   Construct Orford                   
                                      Bridge.............        3.400  
 744 Oklahoma                        Reconstruct US-70 in               
                                      Marshall and Bryan                
                                      Counties...........        0.200  
 745 Washington                      Widen SR522 from SR-               
                                      9 to Paradise Lake                
                                      Road...............        4.000  
 746 New York                        Improve Cross                      
                                      Westchester                       
                                      Expressway.........        1.000  
 747 Pennsylvania                    Improve US 22/Canoe                
                                      Creek Blair County.        2.000  
 748 Missouri                        Upgrade US-60 in                   
                                      Carter County,                    
                                      Missouri...........       27.000  
 749 Ohio                            Relocate State Route               
                                      60 from Zanesville                
                                      to Dresden,                       
                                      Muskingum County...        1.500  
 750 Pennsylvania                    Construct PA 16                    
                                      Truck climbing lane               
                                      in Franklin County.        1.000  
 751 Indiana                         Conduct railroad                   
                                      relocation study in               
                                      Muncie.............        0.060  
 752 Pennsylvania                    Construct highway-                 
                                      transit transfer                  
                                      facility in Lemoyne        2.000  
 753 Georgia                         Construct surface                  
                                      transportation                    
                                      facilities along                  
                                      Atlanta-Griffin-                  
                                      Macon corridor.....       39.000  
 754 Louisiana                       Improve US-165 from                
                                      Alexandria to                     
                                      Monroe.............       40.000  
 755 Ohio                            Upgrade US-30 from                 
                                      Wooster to Riceland       15.000  
 756 Washington                      Construct Edmonds                  
                                      Crossing Multi-                   
                                      modal                             
                                      transportation                    
                                      project in Edmonds,               
                                      Washington.........        5.000  
 757 Indiana                         Remove and replace                 
                                      Walnut Street in                  
                                      Muncie.............        2.140  
 758 Pennsylvania                    Improve South                      
                                      Central Business                  
                                      Park in Fulton                    
                                      County.............        1.000  
 759 Pennsylvania                    Construct exit ramp                
                                      on I-180 at State                 
                                      Route 2049 in                     
                                      Williamsport.......       10.500  
 760 Washington                      Construct pedestrian               
                                      access and safety                 
                                      on Deception Pass                 
                                      Bridge, Deception                 
                                      Pass State Park,                  
                                      Washington.........        1.000  
 761 Illinois                        Improve and                        
                                      construct grade                   
                                      separation on                     
                                      Cockrell Lane in                  
                                      Springfield........        2.400  
 762 Virginia                        Construct the Kemper               
                                      Street Station                    
                                      connector road in                 
                                      Lynchburg..........        2.000  
 763 Oklahoma                        Reconstruct and                    
                                      widen I-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......       97.050  
 764 New Mexico                      Improve I-25 at                    
                                      Raton Pass.........       10.000  
 765 California                      Reconstruct La Loma                
                                      Bridge in Pasadena.        3.000  
 766 New York                        Conduct traffic                    
                                      calming study on                  
                                      National Scenic                   
                                      Byway Route 5 in                  
                                      Hamburg............        0.100  
 767 Pennsylvania                    Improve PA-8 between               
                                      Cherry Tree and                   
                                      Rynd Farm..........        6.400  
 768 Alabama                         Construct Historic                 
                                      Whistler Bike Trail               
                                      in Prichard,                      
                                      Alabama............        0.670  
 770 Alaska                          Construct capital                  
                                      improvement to the                
                                      Alaska Marine                     
                                      Highway and related               
                                      facilities:                       
                                      $6,000,000 for                    
                                      Seward, $3,000,000                
                                      for Ketchikan and                 
                                      $3,000,000 for                    
                                      Hollis.............       12.000  
 771 Connecticut                     Rehabilitate Route                 
                                      202 bridge in New                 
                                      Milford,                          
                                      Connecticut........        2.700  
 772 Wisconsin                       Construct U.S.                     
                                      Highway 10,                       
                                      Freemont to                       
                                      Appleton...........        4.000  
 773 Texas                           Conduct major                      
                                      investment study                  
                                      for Outer Loop                    
                                      freeway extension                 
                                      between I-35 West                 
                                      at State Highway                  
                                      170 and State                     
                                      Highway 199 in                    
                                      Tarrant County.....        0.500  
 774 Pennsylvania                    Reconfigure US-13/                 
                                      Pennsylvania                      
                                      Turnpike                          
                                      interchange........        2.230  
 775 Washington                      Construct Washington               
                                      Pass visitor                      
                                      facilities on North               
                                      Cascades Highway...        1.200  
 776 Washington                      Improve Huntington                 
                                      Avenue South in                   
                                      Castle Rock........        0.750  
 777 California                      Construct Centennial               
                                      Transportation                    
                                      Corridor...........       21.000  
 778 Kentucky                        Extend Hurstbourne                 
                                      Parkway from                      
                                      Bardstown Road to                 
                                      Fern Valley Road...        8.560  
 779 Pennsylvania                    Eliminate 16 at-                   
                                      grade rail                        
                                      crossings through                 
                                      Erie...............        8.000  
 780 California                      Construct Cabot-                   
                                      Camino Capistrano                 
                                      Bridge project in                 
                                      Southern Orange                   
                                      County.............        2.000  
 781 Utah                            Widen 106th South                  
                                      from I-15 to                      
                                      Bangerter Highway                 
                                      in South Jordan....        5.000  
 782 Ohio                            Upgrade 11 warning                 
                                      devices on the rail               
                                      north/south line                  
                                      from Toledo to                    
                                      Deshler............        1.100  
 783 Washington                      Construct Port of                  
                                      Kalama River Bridge        0.900  
 784 California                      Improve Folsom                     
                                      Boulevard--Highway                
                                      50 in the city of                 
                                      Folsom.............        4.000  
 785 New Hampshire                   Construct the Broad                
                                      Street Parkway in                 
                                      Nashua.............       16.300  
 786 New York                        Construct County                   
                                      Road 93 between NYS               
                                      27 and NYS 454.....        0.515  
 787 Washington                      Improve Clinton                    
                                      Ferry Terminal in                 
                                      Clinton............        7.750  
 788 Illinois                        Construct Riverfront               
                                      pedestrian walkway                
                                      in Peoria..........        0.050  
 789 Colorado                        Construct                          
                                      alternative truck                 
                                      route in Montrose..        5.600  
 790 New York                        I-87 Noise Abatement               
                                      Program............       10.000  
 791 New Jersey                      Construct Toms River               
                                      bridge project                    
                                      connecting Dover                  
                                      and South Toms                    
                                      River Borough......        3.000  
 792 California                      Install                            
                                      SiliconValley Smart               
                                      Corridor project                  
                                      along the I-880                   
                                      corridor...........        4.860  
 793 Illinois                        Construct Veterans                 
                                      Parkway from                      
                                      Eastland Drive to                 
                                      Commerce Parkway in               
                                      Bloomington........       11.040  
 794 Pennsylvania                    Construct Drexel                   
                                      University                        
                                      Infrastructure                    
                                      Research Facility                 
                                      roadway                           
                                      improvements.......        1.000  
 795 New Jersey                      Widen Route 1 from                 
                                      Pierson Avenue to                 
                                      Inman Avenue in                   
                                      Middlesex County...        7.000  
 796 Michigan                        Construct US-131                   
                                      Cadillac Bypass                   
                                      project............        5.000  
 797 New Hampshire                   Reconstruct US-3                   
                                      Carroll town line                 
                                      2.1 miles north....        2.000  
 798 Texas                           Upgrade State                      
                                      Highway 35 Houston                
                                      District Brazoria                 
                                      County.............       12.000  
 799 Tennessee                       Construct US-27 from               
                                      State Road 61 to                  
                                      Morgan County line.        5.500  
 800 Pennsylvania                    Install citywide                   
                                      signalization                     
                                      (SAMI) project in                 
                                      Lebanon............        1.000  
 801 Maryland                        Upgrade US-113 north               
                                      of US-50 to MD-589                
                                      in Worcester                      
                                      County, Maryland...       24.000  
 802 Louisiana                       Construct Florida                  
                                      Expressway in St.                 
                                      Bernard and Orleans               
                                      Parishes...........        0.200  
 803 Colorado                        Construct I-25 truck               
                                      lane from Lincoln                 
                                      Avenue to Castle                  
                                      Pines Parkway in                  
                                      Douglas County.....        3.000  
 804 Oklahoma                        Conduct study of                   
                                      Highway 3 in                      
                                      McCurtain,                        
                                      Pushmataha and                    
                                      Atoka Counties.....        0.300  
 805 Texas                           Reconstruct                        
                                      intermodal                        
                                      connectors on                     
                                      Highway 78 and                    
                                      Highway 544 in                    
                                      Wylie..............       10.000  
 806 Georgia                         Construct noise                    
                                      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        1.000  
 807 Arkansas                        Construct the                      
                                      Ashdown Bypass/                   
                                      Overpass in Ashdown        5.000  
 808 Illinois                        Constuct Peoria City               
                                      River Center                      
                                      parking facility in               
                                      Peoria.............        4.000  
 809 Arkansas                        Study and construct                
                                      a multi-modal                     
                                      facility                          
                                      Russellville,                     
                                      Arkansas...........        1.000  
 810 Washington                      Design and implement               
                                      report and                        
                                      environmental study               
                                      of the I-5 corridor               
                                      in Everett,                       
                                      Washington.........        1.000  
 811 Pennsylvania                    Construct Newton                   
                                      Hamilton SR 3021                  
                                      over Juniata River                
                                      in Mifflin County..        2.000  
 812 Texas                           Widen State Highway                
                                      6 from from Senior                
                                      Road to FM521......       12.100  
 813 South Dakota                    Construct Eastern                  
                                      Dakota Expressway                 
                                      (Phase I)..........       15.790  
 814 Kentucky                        Construct necessary                
                                      connections for the               
                                      Taylor Southgate                  
                                      Bridge in Newport                 
                                      and the Clay Wade                 
                                      Bailey Bridge in                  
                                      Covington..........        9.500  
 815 Washington                      Construct traffic                  
                                      signals on US-2 at                
                                      Olds Owens Road and               
                                      5th Street in                     
                                      Sultan, Washington.        0.257  
 816 Minnesota                       Widen Trunk Highway                
                                      14/52 from 75th                   
                                      Street, NW to Trunk               
                                      Highway 63 in                     
                                      Rochester..........       13.000  
 817 New Jersey                      Improve Old York                   
                                      Road/Rising Run                   
                                      Road intersection                 
                                      in Burlington......        6.640  
 818 Pennsylvania                    Construct I-81 noise               
                                      abatement program                 
                                      in Dauphin County..        0.640  
 819 Alabama                         Construct Crepe                    
                                      Myrtle Trail near                 
                                      Mobile, Alabama....        1.600  
 820 California                      Construct SR-78/                   
                                      Rancho Del Oro                    
                                      interchange in                    
                                      Oceanside..........        5.000  
 821 New Jersey                      Improve grade                      
                                      separations on the                
                                      Garden State                      
                                      Parkway in Cape May               
                                      County, New Jersey.       14.000  
 822 Pennsylvania                    Construct Western                  
                                      Innerloop from PA-                
                                      26 to State Route                 
                                      3014...............        3.600  
 823 Kansas                          Widen US-169 in                    
                                      Miami County.......       13.500  
 824 New Hampshire                   Construct Hindsale                 
                                      Bridge.............        3.000  
 825 Washington                      Construct I-5                      
                                      interchanges in                   
                                      Lewis County.......        6.650  
 826 Georgia                         Widen Georgia Route                
                                      6/US-278 in Polk                  
                                      County.............       10.888  
 827 Pennsylvania                    Improve access and                 
                                      interchange from I-               
                                      95 to the                         
                                      international                     
                                      terminal at                       
                                      Philadelphia                      
                                      International                     
                                      Airport............        5.000  
 828 Pennsylvania                    Construct rail                     
                                      mitigation and                    
                                      improvement                       
                                      projects from                     
                                      Philadelphia to New               
                                      Jersey Line........       12.800  
 829 Nevada                          Extend I-580 in                    
                                      Washie and Douglas                
                                      Counties...........        5.000  
 830 Georgia                         Resurface Davis                    
                                      Drive, Green                      
                                      Street, and North                 
                                      Houston Road in                   
                                      Warner Robins......        0.400  
 831 Oregon                          Repair Port of Hood                
                                      River Bridge Lift                 
                                      Span project.......       23.500  
 832 New York                        Improve access to I-               
                                      84/Dutchess                       
                                      intermodal facility               
                                      in Dutchess County.        3.000  
 833 Georgia                         Conduct a study of                 
                                      an interstate                     
                                      multimodal                        
                                      transportation                    
                                      corridor from                     
                                      Atlanta to                        
                                      Chattanooga........        5.000  
 834 Nebraska                        Corridor study for                 
                                      Louisville South                  
                                      bypass from State                 
                                      Highway 66 to State               
                                      Highway 50.........        0.100  
 835 Michigan                        Conduct feasibility                
                                      study on widening                 
                                      US-12 to three                    
                                      lanes between US-                 
                                      127 and Michigan                  
                                      Highway 50.........        0.250  
 836 Kentucky                        Correct rock hazard                
                                      on US127 in Russell               
                                      County.............        0.035  
 837 New York                        Construct new exit                 
                                      46A on I-90 at                    
                                      Route 170 in North                
                                      Chili..............       10.000  
 838 California                      Construct parking                  
                                      lot, pedestrian                   
                                      bridge and related                
                                      improvements to                   
                                      improve intermodal                
                                      transportation in                 
                                      Yorba Linda........        3.800  
 839 Missouri                        Construct US-412                   
                                      corridor from                     
                                      Kennett to Hayti,                 
                                      Missouri...........        8.000  
 840 Florida                         ITS improvements on                
                                      US-19 in Pasco                    
                                      County.............        2.000  
 841 Florida                         Construct I-4                      
                                      reversible safety                 
                                      lane in Orlando....       14.000  
 842 Connecticut                     Improve and realign                
                                      Route 8 in                        
                                      Winchester.........        2.020  
 843 Louisiana                       Construct State                    
                                      Highway 3241/State                
                                      Highway 1088/I-12                 
                                      interchange in St.                
                                      Tammany Parish,                   
                                      Louisiana..........       10.000  
 844 Nebraska                        Corridor study for                 
                                      Plattsmouth Bridge                
                                      area to US-75 and                 
                                      Horning Road.......        0.350  
 845 Michigan                        Construct US-131                   
                                      Business route/                   
                                      industrial                        
                                      connector in                      
                                      Kalamazoo..........        2.000  
 846 Michigan                        Reconstruct I-94                   
                                      between Michigan                  
                                      Route 14 and US-23.       14.750  
 847 California                      Ontario                            
                                      International                     
                                      Airport ground                    
                                      access program.....       10.500  
 848 Texas                           Construct the George               
                                      H.W. Bush                         
                                      Presidential                      
                                      Corridor from Bryan               
                                      to east to I-45....       10.000  
 849 Virginia                        Construct I-73 from                
                                      Roanoke to the                    
                                      North Carolina                    
                                      border.............        8.500  
 850 Louisiana                       Kerner's Ferry                     
                                      Bridge Replacement                
                                      project............        1.000  
 851 Washington                      Widen SR-522 in                    
                                      Snohomish County:                 
                                      $3,650,000 for                    
                                      phase 1 from SR-9                 
                                      to Lake Road;                     
                                      $1,500,000 to                     
                                      construct segment                 
                                      from Paradise Lake                
                                      Road to Snohomish                 
                                      River Bridge.......        5.200  
 852 California                      Plan and design                    
                                      interchange between               
                                      I-15 and Sante Fe                 
                                      Road in Barstow,                  
                                      California.........        4.000  
 853 California                      Upgrade Ft. Irwin                  
                                      Road from I-15 to                 
                                      Fort Irwin.........        1.500  
 854 Nebraska                        Construct bridge in                
                                      Newcastle..........        4.000  
 855 Indiana                         Conduct rail-highway               
                                      feasibility project               
                                      study in Muncie....        0.100  
 856 New Jersey                      Replace the Ocean                  
                                      City-Longport                     
                                      bridge in Cape May                
                                      County, New Jersey.       26.000  
 857 Kentucky                        Construct a segment                
                                      of the I-66                       
                                      corridor from                     
                                      Somerset to I-75...       10.000  
 858 Ohio                            Improve and widen SR-              
                                      45 from North of                  
                                      the I-90                          
                                      interchange to                    
                                      North Bend Road in                
                                      Ashtabula County,                 
                                      Ohio...............        7.920  
 859 Illinois                        Construct I-88                     
                                      interchange at                    
                                      Peace Road in                     
                                      Dekalb.............        4.300  
 860 Virginia                        Widen Route 123 from               
                                      Prince William                    
                                      County line to                    
                                      State Route 645 in                
                                      Fairfax County,                   
                                      Virginia...........       10.000  
 861 Pennsylvania                    Widen and improve                  
                                      Route 449 in Potter               
                                      County.............        1.000  
 862 Ohio                            Conduct feasibility                
                                      study for inclusion               
                                      of US-22 as part of               
                                      the Interstate                    
                                      System.............        0.100  
 863 New Hampshire                   Improve the Bridge                 
                                      Street bridge in                  
                                      Plymouth...........        1.000  
 864 Louisiana                       Conduct a                          
                                      feasibility and                   
                                      design study of                   
                                      Louisiana Highway                 
                                      30 between                        
                                      Louisiana Highway                 
                                      44 and I-10........        2.000  
 865 Louisiana                       Construct I-610                    
                                      noise and safety                  
                                      barrier in the Lake               
                                      View section of New               
                                      Orleans, Louisiana.        1.000  
 866 New York                        Conduct North Road                 
                                      Corridor study in                 
                                      Oswego County......        1.500  
 867 Kansas                          Construct Diamond                  
                                      interchange at                    
                                      Antioch and I-435..        8.400  
 868 Iowa                            Reconstruct I-235 in               
                                      Polk County........        6.900  
 869 Florida                         Construct Port of                  
                                      Palm Beach road                   
                                      access                            
                                      improvements, Palm                
                                      Beach County,                     
                                      Florida............       21.000  
 870 Tennessee                       Improve the                        
                                      Elizabethon                       
                                      Connector from US-                
                                      312 to US-19 East..        8.450  
 871 California                      Stabilize US-101 at                
                                      Wilson Creek.......        1.000  
 872 Michigan                        Improve the I-73                   
                                      corridor in Jackson               
                                      and Lenawee                       
                                      Counties...........        5.000  
 873 Arkansas                        Improve Arkansas                   
                                      State Highway 59                  
                                      from Rena Road to                 
                                      Old Uniontown Road                
                                      in Van Buren.......        2.500  
 874 Illinois                        Construct Richton                  
                                      Road, Crete........        2.000  
 875 Ohio                            Widen Licking-SR-79-               
                                      06.65 (PID 8314) in               
                                      Licking County.....        9.400  
 876 New York                        Improve and                        
                                      reconstruct                       
                                      Commerce Street in                
                                      York Town..........        0.280  
 877 Arkansas                        Construct Highway                  
                                      371 from Magnolia                 
                                      to Prescott........        3.000  
 878 Arkansas                        Construct Highway 82               
                                      from Hamburg to                   
                                      Montrose...........        7.000  
 879 California                      Improve SR-91/Green                
                                      River Road                        
                                      interchange........        6.500  
 880 California                      Widen and improve I-               
                                      5/State Route 126                 
                                      interchange in                    
                                      Valencia...........       13.900  
 881 Pennsylvania                    Construct US-30                    
                                      Bypass from Exton                 
                                      Bypass to PA-10....        4.400  
 882 Illinois                        Replace State Route                
                                      47 Bridge in Morris       19.000  
 883 New York                        Construct County                   
                                      Road 67 at Long                   
                                      Island Expressway                 
                                      Exit 57 between                   
                                      County Road 17 and.        0.700  
 884 California                      Construct I-15/                    
                                      Barton Road West/                 
                                      Anderson Street                   
                                      connection.........        5.000  
 885 New York                        Reconstruct Route 9                
                                      in Plattsburgh.....        3.354  
 886 Illinois                        Engineering for                    
                                      Peoria to Chicago                 
                                      expressway.........        5.000  
 887 Louisiana                       Construct Hourma-                  
                                      Thibodaux to I-10                 
                                      connector from                    
                                      Gramercy to Hourma.        3.100  
 888 Washington                      Construct Peace Arch               
                                      Crossing of Entry                 
                                      (PACE) lane in                    
                                      Blaine.............        4.900  
 889 Florida                         Purchase and install               
                                      I-275 traffic                     
                                      management system                 
                                      in Pinellas County,               
                                      Florida............        1.000  
 890 Mississippi                     Construct I-55                     
                                      connectors to US-51               
                                      in Madison,                       
                                      Mississippi........        3.000  
 891 Alabama                         Construct Anniston                 
                                      Eastern Bypass from               
                                      I-20 to Fort                      
                                      McClellan in                      
                                      Calhoun County.....       44.600  
 892 Connecticut                     Realign and extend                 
                                      Hart Street in New                
                                      Britain............        4.000  
 893 Texas                           Construct Spur 10                  
                                      from SH-36 to US-59        4.000  
 894 Wisconsin                       Construct U.S.                     
                                      Highway 151 Fond du               
                                      Lac Bypass.........       30.000  
 895 Ohio                            Grade separation                   
                                      project at Snow                   
                                      Road Brook Park....        3.000  
 896 Nebraska                        Conduct corridor                   
                                      study from Wayne to               
                                      Vermillion-                       
                                      Newcastle bridge...        0.550  
 897 Pennsylvania                    Construct Erie                     
                                      Eastside Connector.       21.600  
 898 New York                        Reconstruct County                 
                                      Route 24 in                       
                                      Franklin County....        2.473  
 899 Pennsylvania                    Construct SR 3019                  
                                      over Great Trough                 
                                      Creek in Huntingdon               
                                      County.............        0.500  
 900 California                      Construct Tulare                   
                                      County roads in                   
                                      Tulare County......        9.000  
 901 Pennsylvania                    Widen PA-228 from                  
                                      Criders Corners to                
                                      State Route 3015...        1.200  
 902 South Carolina                  Three River Greenway               
                                      Project to and from               
                                      Gervals Street in                 
                                      Columbia...........        5.000  
 903 Washington                      Construct State                    
                                      Route 305 corridor                
                                      improvements in                   
                                      Poulsbo,                          
                                      Washington.........        3.500  
 904 Pennsylvania                    Improve Lewistown                  
                                      Narrows US 322 in                 
                                      Mifflin and Juniata               
                                      County.............        1.000  
 905 Nevada                          Construct the US-395               
                                      Carson City Bypass.        5.000  
 906 Illinois                        Reconstruct I-74                   
                                      through Peoria.....       12.865  
 907 Florida                         Widen Gunn Highway                 
                                      between Erlich Road               
                                      and South Mobley                  
                                      Road in                           
                                      Hillsborough County        2.000  
 908 New York                        Construct intermodal               
                                      transportation hub                
                                      in Patchogue.......        2.500  
 909 New York                        Upgrade and relocate               
                                      Utica-Rome                        
                                      Expressway in                     
                                      Oneida, County New                
                                      York...............       20.000  
 910 Georgia                         Conduct a study of a               
                                      multimodal                        
                                      transportation                    
                                      corridor from                     
                                      Lawrenceville to                  
                                      Marietta...........        2.400  
 911 Georgia                         I-75 advanced                      
                                      transportation                    
                                      management system                 
                                      in Cobb County.....        1.700  
 912 New Hampshire                   Berlin Heritage                    
                                      Project from the                  
                                      Everett turnpike to               
                                      Hudson in Berlin                  
                                      County.............        0.050  
 913 Alabama                         Engineering, right-                
                                      of-way acquisition                
                                      and construction of               
                                      the Birmingham                    
                                      Northern Beltline                 
                                      in Jefferson County       20.000  
 914 Florida                         Replace St. Johns                  
                                      River Bridge in                   
                                      Volusia and                       
                                      Seminole Counties..       14.000  
 915 Maryland                        Improve Halfway                    
                                      Boulevard east and                
                                      west of Exit 5, I-                
                                      81 in Washignton                  
                                      County.............        4.000  
 916 Georgia                         Construct Harry S.                 
                                      Truman Parkway.....        3.550  
 917 Pennsylvania                    Reconstruct the I-81               
                                      Davis Street                      
                                      interchange in                    
                                      Lackawanna.........        8.000  
 918 Illinois                        Widen 143rd Street                 
                                      in Orland Park.....        8.000  
 919 Pennsylvania                    Conduct study of Ft.               
                                      Washington                        
                                      transportation                    
                                      improvements, Upper               
                                      Dublin, PA.........        0.500  
 920 Kansas                          Construct grade                    
                                      separations on US36               
                                      and US77 in                       
                                      Marysville, Kansas.        4.200  
 921 Ohio                            Relocate Harrison/                 
                                      Belmont US 250.....        6.000  
 922 Arkansas                        Widen 28th Street                  
                                      and related                       
                                      improvements in Van               
                                      Buren, Arkansas....        1.000  
 923 Tennessee                       Improve County Road                
                                      374 in Montgomery                 
                                      County.............        5.000  
 924 Virginia                        Conduct feasibility                
                                      study for the                     
                                      construction I-66                 
                                      from Lynchburg to                 
                                      the West Virginia                 
                                      border.............        0.500  
 925 Florida                         Expand Palm Valley                 
                                      Bridge in St. Johns               
                                      County.............        3.100  
 926 Michigan                        Construct M-6 Grand                
                                      Rapids South                      
                                      Beltline in Grand                 
                                      Rapids, Michigan...       28.720  
 927 Pennsylvania                    Reconstruct PA-309                 
                                      in Eastern                        
                                      Montgomery with                   
                                      $4,000,000 for                    
                                      noise abatement....       17.400  
 928 Colorado                        Reconstruct I-225/                 
                                      Iliff Avenue                      
                                      interchange in                    
                                      Aurora.............        5.500  
 929 California                      Widen US-101 from                  
                                      Windsor to Arata                  
                                      Interchange........        1.600  
 930 New Jersey                      Design and                         
                                      construction                      
                                      Belford Ferry                     
                                      Terminal in                       
                                      Belford, New                      
                                      Jersey.............        4.600  
 931 Louisiana                       Construct East-West                
                                      Corridor project in               
                                      Southwest Louisiana        1.000  
 932 Kentucky                        Construct US-127                   
                                      Jamestown Bypass...        5.800  
 933 Kentucky                        Conduct feasibility                
                                      study for Northern                
                                      Kentucky High                     
                                      Priority Corridor                 
                                      (I-74).............        0.500  
 934 Utah                            Improve 5600 West                  
                                      Highway from 2100                 
                                      South to 4100 South               
                                      in West Valley City        5.000  
 935 Arkansas                        Construct US-270                   
                                      East-West Arterial                
                                      in Hot Springs.....        9.000  
 936 New York                        Improve Route 31                   
                                      from Baldwinsville                
                                      to County Route 57.       11.750  
 937 Arkansas                        Widen West Phoenix                 
                                      Avenue and related                
                                      improvements in                   
                                      Fort Smith,                       
                                      Arkansas...........        8.000  
 938 Arkansas                        Improve Arkansas                   
                                      State Highway 12                  
                                      from US-71 at                     
                                      Rainbow Curve to                  
                                      Northwest Arkansas                
                                      Regional Airport...        0.500  
 939 Texas                           Widen State Highway                
                                      35 from SH288 in                  
                                      Angleton to FM521..        6.900  
 940 Louisiana                       Congestion                         
                                      mitigation and                    
                                      safety improvements               
                                      to the Central                    
                                      thruway in Baton                  
                                      Rouge..............        3.000  
 941 North Carolina                  Widen North Carolina               
                                      Route 24 from                     
                                      Swansboro to US-70                
                                      in Onslow and                     
                                      Carteret Counties..        4.000  
 942 North Carolina                  Construct US-13 from               
                                      the Wilson the US-                
                                      264 Bypass to                     
                                      Goldsboro in Wayne                
                                      and Wilson Counties        4.500  
 943 Michigan                        Construct Bridge                   
                                      Street bridge                     
                                      project in                        
                                      Southfield.........        4.200  
 944 Connecticut                     Improve Route 7                    
                                      utility and                       
                                      landscaping in New                
                                      Milford............        7.200  
 945 Pennsylvania                    Construct access                   
                                      improvements                      
                                      between exits 56                  
                                      and 57 off I-81 in                
                                      Lackawanna.........        1.700  
 946 New Jersey                      Construct grade                    
                                      separation of Route               
                                      35 and Tinton falls               
                                      and extend                        
                                      Shrewsbury Avenue                 
                                      in Monmouth........        5.000  
 947 Washington                      Improve I-5/196th                  
                                      Street, Southwest                 
                                      Freeway interchange               
                                      in Lynnwood,                      
                                      Washington.........        4.500  
 948 Tennessee                       Extend Pellissippi                 
                                      Parkway from State                
                                      Route 33 to State                 
                                      Route 321 in Blount               
                                      County.............       11.800  
 949 New York                        Improve Route 281 in               
                                      Cortland...........        9.000  
 950 California                      Construct I-15                     
                                      Galinas interchange               
                                      in Riverside County        8.500  
 951 New Hampshire                   Construct the Keene                
                                      bypass.............        6.150  
 952 Illinois                        Design and construct               
                                      US-67 corridor from               
                                      Jacksonville to                   
                                      Beardstown.........       10.000  
 953 Virginia                        Conduct Williamsburg               
                                      2007 transportation               
                                      study..............        0.325  
 954 Mississippi                     Widen US-84 from I-                
                                      55 at Brookhaven to               
                                      US-49 at Collins...        1.250  
 955 New York                        Reconstruct Jackson                
                                      Avenue in New                     
                                      Windsor, Orange                   
                                      County.............        2.624  
 956 Texas                           Widen State Highway                
                                      6 from FM521 to                   
                                      Brazoria County                   
                                      line and construct                
                                      railroad overpass..       12.200  
 957 Tennessee                       Reconstruct road and               
                                      causeway in Shiloh                
                                      Military Park in                  
                                      Hardin County......       15.000  
 958 Florida                         Pedestrian safety                  
                                      initiative on US-19               
                                      in Pinellas County.        6.800  
 959 Washington                      Improve primary                    
                                      truck access route                
                                      on East Marine View               
                                      Drive, FAST                       
                                      corridor in                       
                                      Washington.........        4.900  
 960 Florida                         Construct Wonderwood               
                                      Connector from                    
                                      Mayport to                        
                                      Arlington, Duval                  
                                      County, Florida....       38.000  
 961 California                      Improve the Avenue H               
                                      overpass in                       
                                      Lancaster County...        6.100  
 962 Pennsylvania                    Improve safety on PA-              
                                      41 from US-30 to PA-              
                                      926................        6.000  
 963 New Jersey                      Consrtuct Route 29/                
                                      129 bicycle,                      
                                      pedestrian and                    
                                      landscape                         
                                      improvement plan...        5.500  
 964 Idaho                           Construct critical                 
                                      interchanges and                  
                                      grade-crossings on                
                                      US-20 between Idaho               
                                      Falls and Chester..       10.000  
 965 Louisiana                       Expand Perkins Road                
                                      in Baton Rouge.....       10.000  
 966 Pennsylvania                    Widen US 30 from                   
                                      Walker Rd to                      
                                      Fayetteville in                   
                                      Franklin County....        2.000  
 967 Wyoming                         Construct Jackson-                 
                                      Teton Pathway in                  
                                      Teton County.......        1.830  
 968 Utah                            Widen 7200 South in                
                                      Midvale............        1.100  
 969 Washington                      Conduct feasibility                
                                      study of State                    
                                      Route 35 Hood River               
                                      bridge in White                   
                                      Salmon.............        1.000  
 970 Arkansas                        Upgrade US Route                   
                                      412, Harrison to                  
                                      Mountain Home,                    
                                      Arkansas...........        3.550  
 971 Nevada                          Canamex Corridor                   
                                      Innovative Urban                  
                                      Renovation project                
                                      in Henderson.......       12.000  
 972 Georgia                         Construct Athens to                
                                      Atlanta                           
                                      Transportation                    
                                      Corridor...........        8.000  
 973 California                      Widen State Route 29               
                                      between Route 281                 
                                      and Route 175......        0.500  
 974 California                      Upgrade US-101 from                
                                      Eureka to Arcata...        1.000  
 975 Louisiana                       Expand Harding Road                
                                      from Scenic Highway               
                                      to the Mississippi                
                                      River and construct               
                                      an information                    
                                      center.............        3.600  
 976 Indiana                         Improve Southwest                  
                                      Highway from                      
                                      Bloomington to                    
                                      Evansville.........       30.000  
 977 Pennsylvania                    Construct Route 72                 
                                      overpass at Conrail               
                                      in Lebanon.........        8.810  
 978 Indiana                         Construct Hazel Dell               
                                      Parkway from 96th                 
                                      Street to 146th                   
                                      Street in Carmel...        5.500  
 979 New Jersey                      Replace Calhoun                    
                                      Street Bridge in                  
                                      Trenton............        1.300  
 980 Utah                            Reconstruct US-89                  
                                      and interchange at                
                                      200 North in                      
                                      Kaysville..........        7.000  
 981 California                      Construct Nogales                  
                                      Street at Railroad                
                                      Street grade                      
                                      separation in Los                 
                                      Angeles County,                   
                                      California.........        4.500  
 982 Pennsylvania                    Improve Bedford                    
                                      County Business                   
                                      Park Rd in Bedford                
                                      County.............        2.000  
 983 Utah                            Extend Main Street                 
                                      from 5600 South to                
                                      Vine Street in                    
                                      Murray.............       11.500  
 984 Pennsylvania                    Construct US-30 at                 
                                      PA-772 and PA-41...        6.000  
 985 Illinois                        Improve Sugar Grove                
                                      US30...............        2.500  
 986 California                      Improve Route 99/                  
                                      Route 120                         
                                      interchange in                    
                                      Manteca County.....        8.000  
 987 Pennsylvania                    Widen US-11/15                     
                                      between Mt. Patrick               
                                      and McKees Half                   
                                      Falls in Perry                    
                                      County.............        5.000  
 988 Ohio                            Add lanes and                      
                                      improve                           
                                      intersections on                  
                                      Route 20 in Lake                  
                                      County, Ohio.......        2.000  
 989 Pennsylvania                    Construct PA-283                   
                                      North Union Street                
                                      ramps in Dauphin                  
                                      County.............        2.450  
 990 California                      Improve and                        
                                      construct I-80                    
                                      reliever route                    
                                      project; Walters                  
                                      Road and Walters                  
                                      Road Extension                    
                                      Segments...........        7.400  
 991 Alabama                         Expand US-278 in                   
                                      Cullman County.....        6.000  
 992 Ohio                            Construct Chagrin                  
                                      River/Gulley Brook                
                                      corridor scenic                   
                                      greenway along I-90               
                                      in Lake County.....        1.545  
 993 Oregon                          Construct phase I:                 
                                      highway 99 to                     
                                      Biddle Road of the                
                                      highway 62 corridor               
                                      solutions project..        1.500  
 994 New York                        Renovate State Route               
                                      9 in Phillipstown..        3.840  
 995 Arkansas                        Enhance area in the                
                                      vicinity of Dickson               
                                      Street in                         
                                      Fayetteville.......        1.500  
 996 Missouri                        Construction US-67/                
                                      Route 60                          
                                      interchange in                    
                                      Poplar Bluff,                     
                                      Missouri...........        8.000  
 997 Kansas                          Widen US-81 from                   
                                      Minneapolis, Kansas               
                                      to Nebraska........       27.800  
 998 California                      Widen US-101 from                  
                                      Petaluma Bridge to                
                                      Novato.............       33.000  
 999 Alabama                         Construct new I-10                 
                                      bridge over the                   
                                      Mobile River in                   
                                      Mobile, Alabama....       14.375  
1000 Mississippi                     Upgrade and widen US-              
                                      49 in Rankin,                     
                                      Simpson, and                      
                                      Covington Counties.        1.250  
1001 California                      Realign and improve                
                                      California Route 79               
                                      in Riverside County        6.000  
1002 New Jersey                      Construct East                     
                                      Windsor Bear Brook                
                                      pathway system.....        0.360  
1003 New York                        Construct Hutton                   
                                      Bridge Project.....        3.000  
1004 Ohio                            Improve State Route                
                                      800 in Monroe                     
                                      County.............        0.500  
1005 Pennsylvania                    Improve PA-41                      
                                      between Delaware                  
                                      State line and PA-                
                                      926................        7.600  
1006 New York                        Improve Hiawatha                   
                                      Boulevard and                     
                                      Harrison Street                   
                                      corridors in                      
                                      Syracuse...........        2.250  
1007 Pennsylvania                    Replace Dellville                  
                                      Bridge in                         
                                      Wheatfield.........        1.000  
1008 Florida                         Construct I-4/John                 
                                      Young Parkway                     
                                      interchange project               
                                      in Orlando.........       13.659  
1009 Connecticut                     Reconstruct Broad                  
                                      Street in New                     
                                      Britain............        3.200  
1010 Washington                      Widen US-395 in the                
                                      vicinity of mile                  
                                      post 170 north of                 
                                      Spokane............       10.000  
1011 New York                        Construct NYS Route                
                                      27 at intersection                
                                      of North Monroe                   
                                      Avenue.............        4.700  
1012 New York                        Reconstruct Route 23/              
                                      Route 205                         
                                      intersection in                   
                                      Oneonta............        0.850  
1013 Alaska                          Construct Pt.                      
                                      Mackenzie                         
                                      Intermodal Facility        9.000  
1014 Maryland                        Construct phase 1A                 
                                      of the I-70/I-270/                
                                      US-340 interchange                
                                      in Frederick County       15.000  
1015 Illinois                        Widen and improve US-              
                                      34 intechange in                  
                                      Aurora.............        8.000  
1016 Florida                         A-1-A Beautification               
                                      project in Daytona,               
                                      Florida............        4.400  
1017 Louisiana                       Construct I-49                     
                                      interchange at                    
                                      Caddo Port Road in                
                                      Shreveport.........        5.600  
1018 Tennessee                       Construct Kingsport                
                                      Highway in                        
                                      Washington County..        2.000  
1019 New Hampshire                   Improve 3                          
                                      Pisquataqua River                 
                                      Bridges on the New                
                                      Hampshire--Maine                  
                                      border.............        2.200  
1020 Nebraska                        Construct the                      
                                      Antelope Valley                   
                                      Overpass in Lincoln        7.500  
1021 Pennsylvania                    Install traffic                    
                                      signal upgrade in                 
                                      Clearfield Borough                
                                      in Clearfield                     
                                      County.............        0.500  
1022 North Carolina                  Construct US-311(I-                
                                      74) from NC-68 to                 
                                      US-29A-70A.........       30.500  
1023 California                      Design and                         
                                      initiation of long                
                                      term improvements                 
                                      along Highway 199                 
                                      in Del Norte                      
                                      County, California.        0.500  
1024 Virginia                        Improve Lee Highway                
                                      Corridor in                       
                                      Fairfax, Virginia..        1.800  
1025 Illinois                        Improve roads in the               
                                      Peoria Park                       
                                      District...........        0.810  
1026 California                      Construct Overland                 
                                      Drive overcrossing                
                                      in Temecula........        5.000  
1027 Iowa                            Construct the Julien               
                                      Dubuque Bridge over               
                                      the Mississippi                   
                                      River at Dubuque...       28.000  
1028 Kentucky                        Construct highway-                 
                                      rail grade                        
                                      separations along                 
                                      the City Lead in                  
                                      Paducah............        1.100  
1029 Indiana                         Safety improvements                
                                      to McKinley and                   
                                      Riverside Avenues                 
                                      in Muncie..........        9.100  
1030 Pennsylvania                    Gettysburg                         
                                      comprehensive road                
                                      improvement study..        4.000  
1031 Indiana                         Reconstruct Wheeling               
                                      Avenue in Muncie...        1.600  
1032 Indiana                         Construct Hoosier                  
                                      Heartland from                    
                                      Lafayette to Ft.                  
                                      Wayne..............       25.000  
1033 Louisiana                       Upgrade and widen I-               
                                      10 between Williams               
                                      Boulevard and                     
                                      Tulane Avenue in                  
                                      Jefferson and                     
                                      Orleans Parishes...       12.000  
1034 Louisiana                       Construct Metairie                 
                                      Rail Improvements                 
                                      and Relocation                    
                                      project in                        
                                      Jefferson and                     
                                      Orleans Parishes,                 
                                      Louisiana..........        7.000  
1035 Wisconsin                       Construct STH-26/US-               
                                      41 Interchange in                 
                                      Oshkosh............        3.000  
1036 Pennsylvania                    Improve Sidling Hill               
                                      Curve and Truck                   
                                      Escape in Fulton                  
                                      County.............        0.500  
1037 New York                        Construct Wellwood                 
                                      Avenue from                       
                                      Freemont Street to                
                                      Montauk Highway in                
                                      Lindenhurst........        1.200  
1038 New York                        Improve ferry                      
                                      infrastructure in                 
                                      Greenport..........        1.000  
1039 Alaska                          Construct Spruce                   
                                      Creek Bridge in                   
                                      Soldotna...........        0.350  
1040 Alabama                         Construct East Foley               
                                      corridor project                  
                                      from Baldwin County               
                                      Highway 20 to State               
                                      Highway 59 in                     
                                      Alabama............        7.000  
1041 Louisiana                       Construct North/                   
                                      South Road/I-10-US-               
                                      61 connection in                  
                                      the Kenner,                       
                                      Louisiana..........        7.000  
1042 Texas                           Construct                          
                                      FM2234(McHard Road)               
                                      from SH-35 to                     
                                      Beltway 8 at Monroe               
                                      Boulevard..........        6.400  
1043 Michigan                        Construct M-5                      
                                      Haggerty Connector.        3.200  
1044 Kentucky                        Ohio River Major                   
                                      Investment Study                  
                                      Project, Kentucky                 
                                      and Indiana........       40.100  
1045 Ohio                            Construct Muskingum-               
                                      SR-16..............        8.000  
1046 Ohio                            Relocate SR-30 for                 
                                      final design of                   
                                      south alternative                 
                                      in Carroll County,                
                                      Ohio...............        1.000  
1047 Missouri                        Upgrade US-63 in                   
                                      Howell County,                    
                                      Missouri...........        8.000  
1048 California                      Widen SR-23 between                
                                      Moorpark and                      
                                      Thousand Oaks......       14.000  
1049 Connecticut                     Reconstruct Post                   
                                      Office Town Farm                  
                                      Road in Enfield,                  
                                      Connecticut........        1.500  
1050 Washington                      Improve I-90/Sunset                
                                      Way interchange in                
                                      Issaquah, WA.......       19.800  
1051 New York                        Construct Elmira                   
                                      Arterial from                     
                                      Miller to Cedar....        3.000  
1052 California                      Construct Imperial                 
                                      Highway grade                     
                                      separation and                    
                                      sound walls at                    
                                      Esperanza Road/                   
                                      Orangethorpe Avenue               
                                      in Yorba Linda,                   
                                      California.........       14.500  
1053 Wyoming                         Widen and improve                  
                                      Cody--Yellowstone                 
                                      Highway from the                  
                                      entrance to                       
                                      Yellowstone                       
                                      National Park to                  
                                      Cody...............       10.170  
1054 Florida                         West Palm Beach                    
                                      Traffic Calming                   
                                      Project on US-1 and               
                                      Flagur Drive.......       15.000  
1055 Missouri                        Construction and                   
                                      upgrade of US-71/I-               
                                      49 in Newton and                  
                                      McDonald County,                  
                                      Missouri...........       33.303  
1056 Virginia                        Commuter and freight               
                                      rail congestion and               
                                      mitigation project                
                                      over Quantico Creek       10.000  
1057 California                      Complete Citraeado                 
                                      Parkway project in                
                                      San Diego County...        3.000  
1058 Tennessee                       Improve State Route                
                                      92 from I-40 to                   
                                      South of Jefferson                
                                      City...............        4.550  
1059 Washington                      Redevelop Port of                  
                                      Anacortes                         
                                      waterfront.........        0.077  
1060 Mississippi                     Widen US-98 from                   
                                      Pike County to                    
                                      Foxworth...........        1.250  
1061 New York                        Construct US-219                   
                                      from Route 39 to                  
                                      Route 17...........       20.000  
1062 Michigan                        Construct US-27                    
                                      between St. Johns                 
                                      and Ithaca.........        8.500  
1063 California                      Construct highway-                 
                                      rail grade                        
                                      separation for                    
                                      Fairway Drive and                 
                                      Union Pacific track        4.215  
1064 Tennessee                       Reconstruct Old                    
                                      Walland Highway                   
                                      bridge over Little                
                                      River in Townsend..        1.680  
1065 California                      Construct I-10                     
                                      Tippecanoe/Anderson               
                                      interchange project               
                                      in Loma Linda and                 
                                      San Bernardino                    
                                      County, California.        2.000  
1066 California                      Construct State                    
                                      Route 76 in                       
                                      Northern San Diego.       10.000  
1067 Nebraska                        Construct NE-35                    
                                      alternative and                   
                                      modified route                    
                                      expressway in                     
                                      Norfolk and Wayne..        4.500  
1068 Arkansas                        Construct Highway                  
                                      425 from Pine Bluff               
                                      to the Louisiana                  
                                      State line.........        7.000  
1069 Tennessee                       Construct bridge and               
                                      approaches on State               
                                      Route 33 over the                 
                                      Tennessee River                   
                                      (Henley Street                    
                                      Bridge)............       13.200  
1070 Mississippi                     Construct Jackson                  
                                      International                     
                                      Airport Parkway and               
                                      connectors from                   
                                      High Street to the                
                                      Jackson                           
                                      International                     
                                      Airport in Jackson,               
                                      Mississippi........       10.000  
1071 Wisconsin                       Reconstruct U.S.                   
                                      Highway 10, Waupaca               
                                      County.............       12.000  
1072 Ohio                            Construct highway-                 
                                      rail grade                        
                                      separations on                    
                                      Heisley Road                      
                                      between Hendricks                 
                                      Road and Jackson                  
                                      Street in Mentor...        8.205  
1073 Virginia                        Widen I-64 Bland                   
                                      Boulevard                         
                                      interchange........       30.675  
1074 Illinois                        Improve IL-159 in                  
                                      Edwardsville.......        4.275  
1075 Iowa                            Extend NW 86th                     
                                      Street from NW 70th               
                                      Street to Beaver                  
                                      Drive in Polk                     
                                      County.............        7.000  
1076 New York                        Construct County                   
                                      Route 21, Peeksill                
                                      Hollow Road                       
                                      renovation project.        7.577  
1077 Iowa                            IA-192 relation and                
                                      Avenue G viaduct in               
                                      Council Bluffs.....        6.000  
1078 Ohio                            Upgrade and widen US-              
                                      24 from I-469 to I-               
                                      475................       23.000  
1079 Illinois                        Construct crossings                
                                      over Fox River in                 
                                      Kane County........       10.200  
1080 Florida                         Construct North East               
                                      Dade Bike Path in                 
                                      North Miami Beach,                
                                      Florida............        1.600  
1081 Pennsylvania                    Improve Oxford                     
                                      Valley Road/US-1                  
                                      interchange in                    
                                      Bucks County.......        4.000  
1082 California                      Improve highway                    
                                      access to Humboldt                
                                      Bay and Harbor Port        0.500  
1083 North Carolina                  Construct I-85                     
                                      Greensboro Bypass                 
                                      in Greensboro,                    
                                      North Carolina.....       29.500  
1084 Pennsylvania                    Reconfigure I-81                   
                                      Exit 2 Ramp in                    
                                      Franklin County....        0.700  
1085 Indiana                         Feasibility study of               
                                      State Road 37                     
                                      improvements in                   
                                      Noblesville, Elwood               
                                      and Marion.........        0.600  
1086 New Jersey                      Revitalize Route 130               
                                      from Cinnaminson to               
                                      Willingboro........        4.000  
1087 Ohio                            Upgrade I-77/US-250/               
                                      SR-39 interchange                 
                                      in Tuscarawas                     
                                      County.............        1.000  
1088 Virginia                        Enhance Maple Avenue               
                                      streetscape in                    
                                      Vienna, Virginia...        2.700  
1089 Arkansas                        Widen Highway 65/82                
                                      from Pine Bluff to                
                                      the Mississippi                   
                                      State line.........        7.000  
1090 New Jersey                      Construct Route 31                 
                                      Fleming Bypass in                 
                                      Hunterdon County,                 
                                      New Jersey.........       15.400  
1091 New York                        Conduct safety study               
                                      and improve I-90 in               
                                      Downtown Buffalo...        0.400  
1092 Utah                            Widen SR-36 from I-                
                                      80 to Mills                       
                                      Junction...........        3.000  
1093 Alabama                         Construct the                      
                                      Montgomery Outer                  
                                      Loop from US-80 to                
                                      I-85 via I-65......       17.650  
1094 Tennessee                       Construct Foothills                
                                      Parkway from                      
                                      Walland to Weans                  
                                      Valley.............       11.500  
1095 California                      Upgrade and                        
                                      synchronize traffic               
                                      lights in the                     
                                      Alameda Corridor                  
                                      East in Los Angeles               
                                      County.............       23.000  
1096 New York                        Conduct feasibility                
                                      study of new                      
                                      International                     
                                      bridges on the NY/                
                                      Canada border......        0.500  
1097 Colorado                        Construct C-470/I-70               
                                      ramps in Jefferson                
                                      Co.................        6.250  
1098 Virginia                        Improve Route 123                  
                                      from Route 1 to                   
                                      Fairfax County line               
                                      in Prince William                 
                                      County, Virginia...       15.000  
1099 Washington                      Construct Interstate               
                                      405/NE 8th Street                 
                                      interchange project               
                                      in Bellevue, WA....       23.500  
1100 New Hampshire                   Widen I-93 from                    
                                      Salem north........       12.100  
1101 South Dakota                    Replace Meridan                    
                                      Bridge.............        3.250  
1102 Washington                      Extend Mill Plain                  
                                      Boulevard in                      
                                      Vancouver..........        4.000  
1103 Colorado                        Improve SH-74/JC-73                
                                      interchange in                    
                                      Evergreen County...        6.250  
1104 Tennessee                       Improve US-64 in                   
                                      Hardeman and                      
                                      McNairy Counties...        5.000  
1105 Illinois                        Design and construct               
                                      I-72/MacArthur                    
                                      Boulevard                         
                                      interchange in                    
                                      Springfield........        5.500  
1106 Pennsylvania                    Replace bridge over                
                                      Shermans Creek in                 
                                      Carroll............        1.000  
1107 Illinois                        Improve IL-113 in                  
                                      Kankakee...........        7.700  
1108 Pennsylvania                    Realign PA29 in the                
                                      Borough of                        
                                      Collegeville,                     
                                      Montgomery County,                
                                      Pennsylvania.......        0.550  
1109 Louisiana                       Construct Causeway                 
                                      Boulevard/Earhart                 
                                      Expressway                        
                                      interchange in                    
                                      Jefferson, Parish,                
                                      Louisiana..........        5.000  
1110 Pennsylvania                    Improve PA 26 in                   
                                      Huntingdon County..        1.000  
1111 New York                        Construct Furrows                  
                                      Road from Patchogue/              
                                      Holbrook Road to                  
                                      Waverly Avenue in                 
                                      Islip..............        1.500  
1112 Tennessee                       Reconstruction of US-              
                                      414 In Henderson                  
                                      County.............        5.000  
1113 Indiana                         Widen 116th Street                 
                                      in Carmel..........        1.500  
1114 Louisiana                       Reconstruct                        
                                      Jefferson Lakefront               
                                      bikepath in                       
                                      Jefferson Parish,                 
                                      Louisiana..........        1.000  
1115 Utah                            Construct 7800 South               
                                      from 1300 West to                 
                                      Bangerter Highway                 
                                      in West Jordan.....        6.500  
1116 Mississippi                     Construct segment 2                
                                      and 3 of the Bryam-               
                                      Clinton Corridor in               
                                      Hinds County.......        1.250  
1117 Kentucky                        Construct Route 259-               
                                      101 from                          
                                      Brownsville to I-65        1.000  
1118 New Jersey                      Replace Kinnaman                   
                                      Avenue bridge over                
                                      Pohatcong Creek in                
                                      Warren County......        1.600  
1119 Louisiana                       Widen Lapalco                      
                                      Boulevard from                    
                                      Barataria Boulevard               
                                      to Destrehan Avenue               
                                      in Jefferson                      
                                      Parish, Louisiana..        5.000  
1120 Florida                         Restore and                        
                                      rehabilitate Miami                
                                      Beach Bridge and                  
                                      waterfront in Miami               
                                      Beach, Florida.....        1.800  
1121 Texas                           Widen Highway 287                  
                                      from Creek Bend                   
                                      Drive to Waxahacie                
                                      bypass.............       13.500  
1122 Utah                            Widen and improve                  
                                      123rd/126th South                 
                                      from Jordan River                 
                                      to Bangerter                      
                                      Highway in Riverton        5.000  
1123 Ohio                            Construct a new                    
                                      interchange at                    
                                      County Road 80 and                
                                      I-77 in Dover with                
                                      $100,000 to                       
                                      preserve or                       
                                      reconstruct the                   
                                      Tourism Information               
                                      Center.............        7.100  
1124 Pennsylvania                    Realign Route 501 in               
                                      Lebanon County.....        1.600  
1125 Pennsylvania                    Construct                          
                                      Williamsport-                     
                                      Lycoming County                   
                                      Airport Access road               
                                      from I-80 to the                  
                                      airport............        7.000  
1126 New York                        Construct the                      
                                      Mineola intermodal                
                                      facility and                      
                                      Hicksville                        
                                      intermodal facility               
                                      in Nassau County...       14.000  
1127 Arkansas                        Construct Highway 15               
                                      from Connector Road               
                                      to Railroad                       
                                      Overpass in Pine                  
                                      Bluff..............        1.000  
1128 Kentucky                        Redevelop and                      
                                      improve ground                    
                                      access to                         
                                      Louisville                        
                                      Waterfront District               
                                      in Louisville,                    
                                      Kentucky...........        2.840  
1129 Ohio                            Improve and widen SR-              
                                      91 from SR-43 south               
                                      to county line/city               
                                      line in Solon......        5.000  
1130 Louisiana                       Extend I-49 from I-                
                                      220 to Arkansas                   
                                      State line.........        4.400  
1131 Pennsylvania                    West Philadelphia                  
                                      congestion                        
                                      mitigation                        
                                      initiative.........        0.410  
1132 New York                        Judd Road Connector                
                                      in New Hartford and               
                                      Whitestown, New                   
                                      York...............       37.300  
1133 South Dakota                    Construct Eastern                  
                                      Dakota Expressway                 
                                      (Phase II).........       31.438  
1134 Virginia                        Conduct historic                   
                                      restoration of                    
                                      Roanoke Passange                  
                                      Station in Roanoke.        0.500  
1135 Louisiana                       Construct Port of                  
                                      St. Bernard                       
                                      Intermodal facility        2.100  
1136 Mississippi                     Construct segment 2                
                                      of the Jackson                    
                                      University Parkway                
                                      in Jackson.........        1.250  
1137 Indiana                         Extend East 56th                   
                                      Street in Lawrence.        6.500  
1138 Ohio                            Improve and                        
                                      construct SR-44/                  
                                      Jackson Street                    
                                      Interchange in                    
                                      Painesville........        4.000  
1139 Pennsylvania                    Widen US-30 from US-               
                                      222 to PA-340 and                 
                                      from PA-283 to PA-                
                                      741................       12.000  
1140 Ohio                            Construct State                    
                                      Route 209 from                    
                                      Cambridge and                     
                                      Byesville to the                  
                                      Guernsey County                   
                                      Industrial Park....        2.200  
1141 California                      Construct I-5/                     
                                      Avenida Vista                     
                                      Hermosa interchange               
                                      in San Clemente....        3.000  
1142 Pennsylvania                    Improve PA 17 from                 
                                      PA 274 to PA 850 in               
                                      Perry County.......        1.000  
1143 Georgia                         Improve GA-316 in                  
                                      Gwinnett County....       40.900  
1144 New York                        Construct congestion               
                                      mitigation project                
                                      for Brookhaven.....        5.000  
1145 New Hampshire                   Construct                          
                                      Chestersfield                     
                                      Bridge.............        3.000  
1146 California                      Improve the                        
                                      interchange at Cabo               
                                      and Nason Street in               
                                      Moreno Valley......        6.000  
1147 Missouri                        Widen US-63 in                     
                                      Randolph and Boone                
                                      Counties, Missouri.       45.360  
1148 New Jersey                      Upgrade Garden State               
                                      Parkway Exit 142...       30.000  
1149 New York                        Improve Bedford-                   
                                      Banksville Road                   
                                      from Millbrook to                 
                                      Connecticut State                 
                                      line...............        2.880  
1150 New York                        Upgrade and improve                
                                      Albany to Saratoga                
                                      to Adirondack                     
                                      intermodal                        
                                      transportation                    
                                      corridor...........       14.000  
1151 Oklahoma                        Reconstruct US-99/                 
                                      SH377 from Prague                 
                                      to Stroud in                      
                                      Lincoln County.....        9.000  
1152 Washington                      Safety improvements                
                                      to State Route 14                 
                                      in Columbia River                 
                                      Gorge National                    
                                      Scenic Area........        4.200  
1153 Nevada                          Widen I-50 between                 
                                      Fallon and Fernley.        4.000  
1154 South Carolina                  Widen and relocate                 
                                      SC-6 in Lexington                 
                                      County.............        8.000  
1155 Kansas                          Widen US-54 from                   
                                      Liberal, Kansas                   
                                      southwest to                      
                                      Oklahoma...........        8.000  
1156 Virginia                        Improve East Eldon                 
                                      Street in Herndon..        0.500  
1157 Michigan                        Improve US-31 from                 
                                      Holland to Grand                  
                                      Haven..............        5.000  
1158 Arkansas                        Construct turning                  
                                      lanes at US-71/AR-8               
                                      intersection in                   
                                      Mena...............        0.250  
1159 California                      Widen LaCosta Avenue               
                                      in Carlsbad........        3.000  
1160 Alaska                          Improve roads in                   
                                      Kotzebue...........        2.350  
1161 New Hampshire                   Construct Manchester               
                                      Airport access road               
                                      in Manchester......       10.700  
1162 Texas                           Upgrade SH 130 in                  
                                      Caldwell amd                      
                                      Williamson Counties        1.000  
1163 South Dakota                    Construct Heartland                
                                      Expressway Phase I.        6.505  
1164 New York                        Design and construct               
                                      Outer Harbor Bridge               
                                      in Buffalo.........       16.260  
1165 Pennsylvania                    Reconstruct State                  
                                      Route 2001 in Pike                
                                      County.............        9.000  
1166 Ohio                            Construct                          
                                      interchange at I-                 
                                      480 in                            
                                      Independence, Ohio.        6.000  
1167 New Mexico                      Improve US-70                      
                                      southwest of                      
                                      Portales...........       10.000  
1168 California                      Willits Bypass,                    
                                      Highway 101 in                    
                                      Mendocino County,                 
                                      California.........        1.000  
1169 Florida                         Widen US-192 between               
                                      County Route 532                  
                                      and I-95 in Brevard               
                                      and Osceola                       
                                      Counties...........       25.000  
1170 Georgia                         Widen US-84 South                  
                                      from US-82 to the                 
                                      Ware County Line in               
                                      Waycross and Ware                 
                                      Counties...........        3.200  
1171 New Hampshire                   Reconstruct bridge                 
                                      over the                          
                                      Connecticut River                 
                                      between Lebanon, NH               
                                      and White River                   
                                      Junction, VT.......        3.000  
1172 Ohio                            Conduct feasibility                
                                      study for the                     
                                      construction of                   
                                      Muskingum County                  
                                      South 93-22-40                    
                                      connector..........        0.700  
1173 Georgia                         Reconstruct SR-26/US-              
                                      60 from Bull River                
                                      to Lazaretto Creek.        3.550  
1174 Wisconsin                       Improve Janesville                 
                                      transportation.....        4.000  
1175 Illinois                        Reconstruct US-30 in               
                                      Joliet.............        9.000  
1176 New Mexico                      Complete the Paseo                 
                                      del Norte East                    
                                      Corridor in                       
                                      Bernalillo County..        7.500  
1177 Michigan                        Construct I-96/Beck                
                                      Wixom Road                        
                                      interchange........        2.600  
1178 Pennsylvania                    Construct US-322                   
                                      Conchester Highway                
                                      between US-1 and PA-              
                                      452................       25.000  
1179 New Mexico                      Extend Unser                       

                                    Boulevard in                      
                                      Albuquerque........        1.000  
1180 Arkansas                        Conduct planning for               
                                      highway 278 and                   
                                      rail for the Warren/              
                                      Monticello Arkansas               
                                      Intermodal Complex.        1.000  
1181 Washington                      Widen SR-543 from I-               
                                      5 to International                
                                      Boundary,                         
                                      Washington.........        3.616  
1182 New York                        Construct congestion               
                                      mitigation project                
                                      for Smithtown......        1.000  
1183 Mississippi                     Widen MS-15 from                   
                                      Laurel to                         
                                      Louiseville........       10.000  
1184 Pennsylvania                    Construct Abbey                    
                                      Trails in Abington                
                                      Township...........        0.500  
1185 Mississippi                     Construct East Metro               
                                      Corridor in Rankin                
                                      County,                           
                                      Mississippi........        3.500  
1186 Utah                            Construct I-15                     
                                      interchange at                    
                                      Atkinville.........        8.000  
1187 California                      Improve SR-70 from                 
                                      Marysville Bypass                 
                                      to Oroville Freeway       15.000  
1188 New Hampshire                   Construct Conway                   
                                      bypass from Madison               
                                      to Bartlett........        7.100  
1189 New York                        Improve the Route 31/              
                                      I-81 Bridge in                    
                                      Watertown..........        2.473  
1190 Pennsylvania                    Relocate PA-113 at                 
                                      Creamery Village in               
                                      Skippack...........        3.000  
1191 Indiana                         Upgrade 4 warning                  
                                      devices on north/                 
                                      south rail line                   
                                      from Terre Haute to               
                                      Evansville.........        0.400  
1192 Pennsylvania                    Construct noise                    
                                      abatement barriers                
                                      along US-581 from I-              
                                      83 2 miles west in                
                                      Cumberland County..        0.480  
1193 Louisiana                       Install computer                   
                                      signal                            
                                      synchronization                   
                                      system in Baton                   
                                      Rouge..............        6.500  
1194 Alabama                         Construct US-231/I-                
                                      10 Freeway                        
                                      Connector from the                
                                      Alabama border to                 
                                      Dothan.............        1.350  
1195 Michigan                        Improve I-94 in                    
                                      Kalamazoo County...        5.000  
1196 Florida                         Construct Englewood                
                                      Interstate                        
                                      connector from                    
                                      River Road to I-75                
                                      in Sarasota and                   
                                      Charlotte Counties.       10.000  
1197 New York                        Conduct scope and                  
                                      design study of                   
                                      Hamilton Street                   
                                      interchange in                    
                                      Erwin..............       16.500  
1198 Alabama                         Extend I-759 in                    
                                      Etowah County......       15.000  
1199 Pennsylvania                    US-209 Marshall's                  
                                      Creek Traffic                     
                                      Relief project in                 
                                      Monroe County......       10.000  
1200 Georgia                         Construct the Fall                 
                                      Line Freeway from                 
                                      Bibb to Richmond                  
                                      Counties...........       23.000  
1201 Indiana                         Construct SR-9                     
                                      bypass in                         
                                      Greenfield.........        3.150  
1202 Illinois                        Construct Alton                    
                                      Bypass from IL-40                 
                                      to Fosterburg Road.        2.500  
1203 New York                        Replace of Route 92                
                                      Limestone Creek                   
                                      Bridge in Manlius..        4.000  
1204 Indiana                         Upgrade 14 warning                 
                                      devices on east/                  
                                      west rail line from               
                                      Gary to Auburn.....        1.400  
1205 New York                        Improve 6th and                    
                                      Columbia Street                   
                                      project in Elmira..        0.700  
1206 Michigan                        Improve Kent County                
                                      Airport road access               
                                      in Grand Rapids,                  
                                      Michigan...........       11.280  
1207 Arkansas                        Enhance area around                
                                      the Paris                         
                                      Courthouse in the                 
                                      vicinity of                       
                                      Arkansas Scenic                   
                                      Highway 22 and                    
                                      Arkansas Scenic                   
                                      Highway 309, Paris                
                                      Arkansas...........        0.400  
1208 Virginia                        Downtown Staunton                  
                                      Streetscape Plan--                
                                      Phase I in Staunton        0.500  
1209 New York                        Construct CR-85 from               
                                      Foster Avenue to                  
                                      CR97 in Suffolk                   
                                      County.............        0.675  
1210 California                      Construct                          
                                      interchange between               
                                      I-15 and Main                     
                                      Street in Hesperia,               
                                      California.........       10.000  
1211 Pennsylvania                    Construct Ardmore                  
                                      Streetscape project        0.500  
1212 New York                        Reconstruct Route 25/              
                                      Route 27                          
                                      intersection in St.               
                                      Lawrence County....        1.000  
1213 Connecticut                     Relocate and realign               
                                      Route 72 in Bristol        4.800  
1214 Pennsylvania                    Improve Park Avenue/               
                                      PA 36 in Blair                    
                                      County.............        0.600  
1215 Virginia                        Construct Route 288                
                                      in the Richmond                   
                                      Metropolitan Area..       22.000  
1216 New York                        Construct city of                  
                                      Glen Cove                         
                                      waterfront                        
                                      improvements.......        5.000  
1217 North Carolina                  Upgrade and improve                
                                      US-19 from Maggie                 
                                      Valley to Cherokee.       20.000  
1218 New York                        Construct Eastern                  
                                      Long Island Scenic                
                                      Byway in Suffolk                  
                                      County.............       15.000  
1219 Pennsylvania                    Widen SR-247 and SR-               
                                      2008 between 84 and               
                                      Lackawanna Valley                 
                                      Industrial Highway                
                                      for the Moosic                    
                                      Mountain Business                 
                                      Park...............       10.900  
1220 Louisiana                       Construct and equip                
                                      Transportation                    
                                      Technology and                    
                                      Emergency                         
                                      Preparedness Center               
                                      in Baton Rouge,                   
                                      Louisiana..........        5.400  
1221 Pennsylvania                    Reconstruct I-95/                  
                                      Street Road                       
                                      interchange in                    
                                      Bucks County.......        7.500  
1222 Mississippi                     Widen State Route 24               
                                      from Liberty to I-                
                                      55.................        1.250  
1223 New York                        Initiate study and                 
                                      subsequent                        
                                      development and                   
                                      engineering of an                 
                                      international trade               
                                      corridor in St.                   
                                      Lawrence County....        2.000  
1224 Missouri                        Construct Highway 36               
                                      Hannibal Bridge and               
                                      approaches in                     
                                      Marion County......        3.496  
1225 New York                        Reconstruct Ridge                  
                                      Road Bridge in                    
                                      Orange County......        0.160  
1226 New Jersey                      Reconstruct South                  
                                      Pembrton Road from                
                                      Route 206 to                      
                                      Hanover Street.....        8.000  
1227 Ohio                            Improve Alum Creek                 
                                      Drive from I-270 to               
                                      Frebis Avenue in                  
                                      Franklin County....        7.000  
1228 Ohio                            Construct SR-315                   
                                      Ohio State                        
                                      University Ramp                   
                                      project in Franklin               
                                      County.............        3.000  
1229 North Carolina                  Construct US-64/264                
                                      in Dare County.....        2.000  
1230 New Mexico                      Improve US-70 from I-              
                                      25 to Organ in New                
                                      Mexico.............       25.000  
1231 Kentucky                        Construct connection               
                                      between Natcher                   
                                      Bridge and KY-60                  
                                      east of Owensboro..        3.000  
1232 California                      Widen 5th Street and               
                                      replace 5th Street                
                                      bridge in Highland,               
                                      California.........        1.000  
1233 New Mexico                      Reconstruct US-84/US-              
                                      285 from Santa Fe                 
                                      to Espanola........       15.000  
1234 Iowa                            Improve IA-60                      
                                      Corridor from LeMar               
                                      to MN State line...        8.800  
1235 Louisiana                       Construct Leeville                 
                                      Bridge on LA-1.....        1.500  
1236 Tennessee                       Reconstruct US-27 in               
                                      Morgan County......        3.000  
1237 Texas                           Improve US 82, East-               
                                      West Freeway                      
                                      between Memphis                   
                                      Avenue and                        
                                      University Avenue..       16.400  
1238 Alabama                         Construction of                    
                                      Eastern Black                     
                                      Warrior River                     
                                      Bridge and right-of-              
                                      way acquisition and               
                                      construction of an                
                                      extension of the                  
                                      Black Warrior                     
                                      Parkway from US-82                
                                      to US-43 in                       
                                      Tuscaloosa County..       23.000  
1239 North Carolina                  Construct US-117,                  
                                      the Elizabeth City                
                                      Bypass in                         
                                      Pasquotank County..        4.500  
1240 Florida                         Construct Cross                    
                                      Seminole Trail                    
                                      connection in                     
                                      Seminole County....        1.500  
1241 New York                        Construct County                   
                                      Road 50 in the                    
                                      vicinity of Windsor               
                                      Avenue.............        1.360  
1242 Ohio                            Construct greenway                 
                                      enhancements in                   
                                      Madison............        2.300  
1243 Nebraska                        Conduct corridor                   
                                      study of NE-35                    
                                      alternative and                   
                                      modified route in                 
                                      Norfolk, Wayne and                
                                      Dakota City........        1.000  
1244 New York                        Improve Broadway in                
                                      North Castle in                   
                                      Westchester County.        2.520  
1245 Louisiana                       Extend Louisiana                   
                                      Highway 42 between                
                                      US-61 and I-10 in                 
                                      Ascension Parish...        8.000  
1246 Alaska                          Extend Kenai Spur                  
                                      Highway-North Road                
                                      in Kenai Peninsula                
                                      Borough............        8.000  
1247 Utah                            Construct underpass                
                                      at 100th South in                 
                                      Sandy..............        3.900  
1248 Connecticut                     Construct Seaview                  
                                      Avenue Corridor                   
                                      project............       10.000  
1249 New Jersey                      Replace Maple Grange               
                                      Road bridge over                  
                                      Pochuck Creek in                  
                                      Sussex County......        1.800  
1250 New York                        Construct congestion               
                                      mitigation project                
                                      for Riverhead......        2.500  
1251 Pennsylvania                    Improve PA 453 from                
                                      Water Street to                   
                                      Tyrone in                         
                                      Huntingdon County..        1.000  
1252 Oklahoma                        Reconstruct County                 
                                      Road 237 from                     
                                      Indiahoma to                      
                                      Wichita Mountains                 
                                      Wildlife Refuge....        0.250  
1253 Washington                      Construct 192nd                    
                                      Street from Sr-14                 
                                      to SE 15th.........        5.000  
1254 Ohio                            Construct Licking-                 
                                      Thornwood Connector               
                                      in Licking County..        1.500  
1255 Pennsylvania                    Improve I-95/PA-413                
                                      Interchange in                    
                                      Bucks County.......        7.500  
1256 Florida                         Construct US-98/                   
                                      Thomas Drive                      
                                      interchange........       15.000  
1257 Texas                           Widen Meacham                      
                                      Boulevard from I-                 
                                      35W to FM-146 and                 
                                      extend Meacham                    
                                      Boulevard from west               
                                      of FM-156 to North                
                                      Main Street........        3.500  
1258 Utah                            Construct Cache                    
                                      Valley Highway in                 
                                      Logan..............        7.000  
1259 Texas                           Relocation of                      
                                      Indiana Avenue                    
                                      between 19th street               
                                      to North Loop 289                 
                                      and Quaker Avenue                 
                                      intersection.......        9.600  
1260 Kentucky                        Reconstruct KY-210                 
                                      from Hodgenville to               
                                      Morning Star Road,                
                                      Larue County.......        8.000  
1261 Georgia                         Construct Rome to                  
                                      Memphis Highway in                
                                      Floyd and Bartow                  
                                      Counties...........        4.112  
1262 Pennsylvania                    Realign West 38th                  
                                      Street from                       
                                      Shunpike Road to                  
                                      Myrtle Street in                  
                                      Erie County........        7.200  
1263 New York                        Upgrade Chenango                   
                                      County Route 32 in                
                                      Norwich............        1.600  
1264 California                      Rehabilitate                       
                                      historic train                    
                                      depot in San                      
                                      Bernadino..........        3.500  
1265 Louisiana                       Construct the                      
                                      Southern extension                
                                      of I-49 from                      
                                      Lafayette to the                  
                                      Westbank Expressway        5.500  
1266 New York                        Replace Kennedy-                   
                                      class ferries,                    
                                      Staten Island......       40.000  
1267 Florida                         Construct South                    
                                      Connector Road and                
                                      Airport Road                      
                                      interchange in                    
                                      Jacksonville,                     
                                      Florida............        9.000  
1268 Virginia                        Construct the                      
                                      Lynchburg/Madison                 
                                      Heights bypass in                 
                                      Lynchburg..........        1.500  
1269 California                      Widen I-15 from                    
                                      Victorville to                    
                                      Barstow in                        
                                      California.........       24.000  
1270 New York                        Traffic Mitigation                 
                                      Project on William                
                                      Street and Losson                 
                                      Road in Cheektowaga        3.000  
1271 Pennsylvania                    Improve PA 56 from I-              
                                      99 to Somerset                    
                                      County Line in                    
                                      Bedford County.....        1.000  
1272 Pennsylvania                    Renovate Harrisburg                
                                      Transportation                    
                                      Center in Dauphin                 
                                      County.............        2.500  
1273 Washington                      Widen Columbia                     
                                      Center Boulevard in               
                                      Kennewick..........        1.610  
1274 Indiana                         Improve State Road                 
                                      31 in Columbus.....        0.500  
1275 New York                        Construct pedestrian               
                                      access bridge from                
                                      Utica Union Station        0.250  
1276 Pennsylvania                    Improve Route 219 in               
                                      Clearfield County..        1.000  
1277 Kentucky                        Construct KY-70 from               
                                      Cave City to                      
                                      Mammoth Cave.......        2.000  
1278 New Jersey                      Replace Groveville-                
                                      Allentown Road                    
                                      bridge in Hanilton.        3.200  
1279 Washington                      Construct Mount                    
                                      Vernon multi-modal                
                                      transportation                    
                                      facility project in               
                                      Mount Vernon,                     
                                      Washington.........        3.500  
1280 New Jersey                      Construct pedestrian               
                                      bridge in                         
                                      Washington Township        3.000  
1281 Indiana                         Install traffic                    
                                      signalization                     
                                      system in Muncie...        0.900  
1282 New Mexico                      Improve 84/285                     
                                      between Espanola                  
                                      and Hernandez......        5.000  
1283 Florida                         Widen of State Road                
                                      44 in Volusia                     
                                      County.............        2.250  
1284 Maryland                        Construct                          
                                      improvements a I-                 
                                      270/MD-187                        
                                      interchange........       10.000  
1285 Louisiana                       Increase capacity of               
                                      Lake Pontchartrain                
                                      Causeway...........        2.000  
1286 Pennsylvania                    Construct Walnut                   
                                      Street pedestrian                 
                                      bridge in Dauphin                 
                                      County.............        1.000  
1287 Pennsylvania                    Improve US 22/PA 866               
                                      Intersection in                   
                                      Blair County.......        2.000  
1288 Indiana                         Expand 126th Street                
                                      in Carmel..........        1.000  
1289 Ohio                            Upgrade 1 warning                  
                                      device on the rail                
                                      line from Marion to               
                                      Ridgeway...........        0.100  
1290 Illinois                        Conduct Midwest                    
                                      Regional intermodal               
                                      facility                          
                                      feasibility study                 
                                      in Rochelle........        0.400  
1291 Minnesota                       Construct Trunk                    
                                      Highway 610/10 from               
                                      Trunk Highway 169                 
                                      in Brooklyn Park to               
                                      I-94 in Maple Grove       15.000  
1292 Oklahoma                        Improve Battiest-                  
                                      Pickens Road                      
                                      between Battiest                  
                                      and Pickens in                    
                                      McCurtain County...        3.000  
1293 Mississippi                     Widen US-61 from                   
                                      Louisiana State                   
                                      line to Adams                     
                                      County.............        1.250  
1294 California                      Construct capital                  
                                      improvements along                
                                      I-680 corridor.....        5.000  
1295 Arkansas                        Study and construct                
                                      Van Buren                         
                                      intermodal port                   
                                      facility in Van                   
                                      Buren, Arkansas....        0.300  
1296 New York                        Construct access                   
                                      road from Lake                    
                                      Avenue to Milestrip               
                                      Road in Blasdell...        0.240  
1297 Iowa                            Construct I-29                     
                                      airport interchange               
                                      overpass in Sioux                 
                                      City...............        6.200  
1298 Pennsylvania                    Construct PA-309                   
                                      Sumneytown Pike                   
                                      Connector..........        4.400  
1299 Kentucky                        Construct Savage-                  
                                      Cedar Knob Bridge                 
                                      at Koger Creek.....        0.350  
1300 Washington                      Widen SR-527 from                  
                                      112th SE to 132nd                 
                                      SE in Everett......        4.700  
1301 Kentucky                        Complete I-65                      
                                      upgrade from                      
                                      Elizabethtown to                  
                                      Tennessee State                   
                                      line...............        5.000  
1302 Illinois                        Replace Gaumer                     
                                      Bridge near Alvin..        0.900  
1303 South Carolina                  Construct I-26/US-1                
                                      connector in                      
                                      Columbia...........       12.000  
1304 Illinois                        Construct Sullivan                 
                                      Road Bridge over                  
                                      the Fox River......       10.000  
1305 California                      Extend State Route 7               
                                      in Imperial County.       10.000  
1306 South Carolina                  Construct high                     
                                      priority surface                  
                                      transportation                    
                                      projects eligible                 
                                      for Federal-aid                   
                                      highway funds......       10.000  
1307 New York                        Construct Erie Canal               
                                      Preserve I-90 rest                
                                      stop in Port Byron.        3.000  
1308 Virginia                        Improve Harrisonburg               
                                      East Side roadways                
                                      in Harrisonburg....        0.500  
1309 Texas                           Improve I-35 West                  
                                      from Spur 280 to I-               
                                      820 in Fort Worth..        4.000  
1310 Pennsylvania                    Construct US-202                   
                                      Section 600 Phase I               
                                      Early Action                      
                                      project in Upper                  
                                      Gwynedd and Lower                 
                                      Gwynedd............        5.000  
1311 Pennsylvania                    PA 26 over Piney                   
                                      Creek 2-bridges in                
                                      Bedford County.....        0.800  
1312 Florida                         Widen and realign                  
                                      Eller Drive in Port               
                                      Everglades, Florida        5.600  
1313 Illinois                        Improve access to                  
                                      Rantoul Aviation                  
                                      Center in Rantoul..        1.600  
1314 Florida                         Deploy magnetic lane               
                                      marking system on I-              
                                      4..................        0.500  
1315 Alaska                          Construct the a                    
                                      bridge joining the                
                                      Island of Gravina                 
                                      to the Community of               
                                      Ketchikan on                      
                                      Revilla Island.....       20.000  
1316 Louisiana                       Conduct feasibility                
                                      study, design and                 
                                      construction of                   
                                      connector between                 
                                      Louisiana Highway                 
                                      16 to I-12 in                     
                                      Livingston Parish..        5.000  
1317 New York                        Improve Hardscrabble               
                                      Road from Route 22                
                                      to June Road in                   
                                      North Salem........        2.880  
1318 California                      Enhance Fort Bragg                 
                                      and Willitis                      
                                      passenger stations.        0.500  
1319 New Mexico                      Improve Uptown in                  
                                      Bernalillo County..        1.500  
1320 Missouri                        Construction of                    
                                      airport ground                    
                                      transportation                    
                                      terminal for the                  
                                      Springfield/Branson               
                                      Airport intermodal                
                                      facility in                       
                                      Springfield,                      
                                      Missouri...........        5.000  
1321 North Carolina                  Widen US-421 from                  
                                      North Carolina                    
                                      Route 194 to two                  
                                      miles East of US-                 
                                      221................        7.400  
1322 Kentucky                        Construct US-127:                  
                                      $800,000 for the                  
                                      segment between the               
                                      Albany Bypass and                 
                                      KY-90; $10,375,000                
                                      for the segment                   
                                      between the Albany                
                                      Bypass and Clinton                
                                      County High School;               
                                      $40,000 for the                   
                                      segment between                   
                                      KY696 and the                     
                                      Tennessee State                   
                                      line...............       11.215  
1323 Missouri                        Upgrade US-71                      
                                      interchange in                    
                                      Carthage, Missouri.        1.000  
1324 Ohio                            Reconstruct Morgan                 
                                      County 37 in Morgan               
                                      County.............        0.500  
1325 New York                        Construct Maybrook                 
                                      Corridor bikeway in               
                                      Dutchess County....        1.404  
1326 New York                        Construct                          
                                      Poughkeepsie                      
                                      Intermodal Facility               
                                      in Poughkeepsie....        3.750  
1327 Illinois                        Construct Orchard                  
                                      Road Bridge over                  
                                      the Fox River......        7.000  
1328 Pennsylvania                    Improve PA-23                      
                                      Corridor from US-30               
                                      Bypass between                    
                                      Lancaster County                  
                                      line and Morgantown        4.000  
1329 California                      Improve State Route                
                                      57 interchange at                 
                                      Lambert Road in                   
                                      Brea...............        0.985  
1330 Texas                           Upgrade State                      
                                      Highway 35 Yoakum                 
                                      District in                       
                                      Matagorda and                     
                                      Buazovia Counties..       12.000  
1331 Pennsylvania                    Improve T-344 Bridge               
                                      over Mahantango                   
                                      Creek in Snyder                   
                                      County.............        0.700  
1332 Ohio                            Complete safety/                   
                                      bicycle path in                   
                                      Madison Township...        0.030  
1333 New Jersey                      Upgrade Montvale/                  
                                      Chestnut Ridge Road               
                                      and Grand Avenue                  
                                      intersection at                   
                                      Garden State                      
                                      Parkway in Bergan                 
                                      County.............        0.500  
1334 Kentucky                        Widen US-27 from                   
                                      Norwood to Eubank..       30.000  
1335 California                      Extend Highway 41 in               
                                      Madera County......       10.000  
1336 New York                        Improve and                        
                                      reconstruct Stony                 
                                      Street in York Town        0.350  
1337 Pennsylvania                    Complete Broad                     
                                      Street ramps at                   
                                      Route 611 bypass in               
                                      Bucks County.......        1.770  
1338 Tennessee                       Construct State                    
                                      Route 131 from Gill               
                                      Road to Bishop Road        2.400  
1339 Georgia                         Construct the                      
                                      Savannah River                    
                                      Parkway in Bullock,               
                                      Jenkins, Screven                  
                                      and Effinghaus                    
                                      Counties...........       10.000  
1340 Illinois                        Improve Illinois                   
                                      Route 29 in                       
                                      Sangamon and                      
                                      Christian Counties.        2.300  
1341 Mississippi                     Widen State Route 6                
                                      from Pontotoc to US-              
                                      45 at Tupelo in                   
                                      Mississippi........       15.000  
1342 Kansas                          Construct road and                 
                                      rail grade                        
                                      separations in                    
                                      Wichita............       35.000  
1343 Illinois                        Widen US-20 in                     
                                      Freeport...........        5.100  
1344 Minnesota                       Construct Mankato                  
                                      South Route in                    
                                      Mankato............        7.000  
1345 Michigan                        Construct                          
                                      interchange at                    
                                      Eastman Avenue/US-                
                                      10 in Midland......       11.000  
1346 California                      Highway 65                         
                                      improvement and                   
                                      mitigation project.        4.000  
1347 Pennsylvania                    Improve access to                  
                                      Raystown in                       
                                      Huntingdon County..        1.500  
1348 Indiana                         Construct East 79th                
                                      from Sunnyside Road               
                                      to Oaklandon Road                 
                                      in Lawrence........        4.000  
1349 Georgia                         Widen and                          
                                      reconstruct Corder                
                                      Road from Pineview                
                                      Drive to the                      
                                      Russell Parkway....        3.400  
1350 New York                        Rahabilitate Jay                   
                                      Covered Bridge in                 
                                      Essex County.......        1.000  
1351 New York                        Improve Long Ridge                 
                                      Road from Pound                   
                                      Ridge Road to                     
                                      Connecticut State                 
                                      line...............        2.800  
1352 Mississippi                     Widen MS-45 from                   
                                      Brooksville to US-                
                                      82 in Mississippi..        4.500  
1353 Ohio                            Upgrade US-30 in                   
                                      Hancock............       15.000  
1354 Illinois                        Construct an                       
                                      interchange at I-90               
                                      and Illinois Route                
                                      173 in Rockford....        7.500  
1355 New York                        Construct Route 17-                
                                      Lowman Crossover in               
                                      Ashland............        4.800  
1356 New Jersey                      Rehabilitate East                  
                                      Ridgewood Avenue                  
                                      over Route 17 in                  
                                      Bergan County......        3.600  
1357 Pennsylvania                    St. Thomas Signals                 
                                      Hade and Jack Rds                 
                                      US 30 in Franklin                 
                                      County.............        0.200  
1358 New York                        Improve Route 9 in                 
                                      Dutchess County....        1.560  
1359 Ohio                            Rail mitigation and                
                                      improvement                       
                                      projects from                     
                                      Vermillion to                     
                                      Conneaut...........       12.000  
1360 Virginia                        Complete North                     
                                      Section of Fairfax                
                                      County Parkway in                 
                                      Fairfax County,                   
                                      Virginia...........       10.000  
1361 Arkansas                        Conduct design study               
                                      and acquire right                 
                                      of way on US-71 in                
                                      the vicinity of                   
                                      Fort Chaffee, Fort                
                                      Smith..............        5.000  
1362 Pennsylvania                    Realign Moulstown                  
                                      Road/Route 194/                   
                                      Eisenhower Drive                  
                                      York County........        2.000  
1363 Florida                         Construct Greater                  
                                      Orlando Aviation                  
                                      Authority                         
                                      Consolidated                      
                                      Surface Access in                 
                                      Orlando............        1.341  
1364 Florida                         Construct US17/92                  
                                      and SR-436                        
                                      interchange in                    
                                      Orange/Osceola/                   
                                      Seminole County                   
                                      region.............        2.750  
1365 Washington                      Construct State                    
                                      Route 7--Elbe rest                
                                      area and                          
                                      interpretive                      
                                      facility in Pierce                
                                      County, WA.........        0.600  
1366 Virginia                        Improve the RIC                    
                                      airport connector                 
                                      road in Richmond...        3.000  
1367 Tennessee                       Improve State Road                 
                                      60 from Waterville                
                                      to US-64 in Bradley               
                                      County.............        1.600  
1368 Pennsylvania                    Relocate US-219                    
                                      Ridgeway,                         
                                      Pennsylvania, truck               
                                      bypass connector                  
                                      along Osterhout                   
                                      Street.............        6.000  
1369 Pennsylvania                    Construct PA 36                    
                                      Convention Center                 
                                      Connector in Blair                
                                      County.............        1.000  
1370 New Jersey                      Construct US-22/                   
                                      Chimney Rock Road                 
                                      interchange in                    
                                      Somerset County....       23.000  
1371 Alaska                          Improve Dalton                     
                                      Highway from                      
                                      Fairbanks to                      
                                      Prudhoe Bay........        5.000  
1372 Pennsylvania                    Allegheny Trail from               
                                      Pittsburgh,                       
                                      Pennsylvania to                   
                                      Cumberland,                       
                                      Maryland...........       12.000  
1373 Washington                      Reconstruct I-21/                  
                                      Keys Road                         
                                      intersection in                   
                                      Yakima.............        8.640  
1374 Pennsylvania                    Upgrade 2 sections                 
                                      of US-6 in Tioga                  
                                      County.............        1.500  
1375 Illinois                        Congestion                         
                                      mitigation for                    
                                      Illinois Route 31                 
                                      and Illinois Route                
                                      62 intersection in                
                                      Algonquin..........       12.000  
1376 Illinois                        Construct Towanda-                 
                                      Barnes Road in                    
                                      Mclean County......        7.760  
1377 Pennsylvania                    Construct Lackawanna               
                                      River Heritage                    
                                      Trail in Lackawanna        0.500  
1378 Pennsylvania                    Reconstruct I-81                   
                                      Plainfield                        
                                      interchange in                    
                                      Cumberland County..        3.520  
1379 Kentucky                        Reconstruct US-127:                
                                      $7,500,000 for the                
                                      segment between Dry               
                                      Ridge Road and US-                
                                      231 and US-31;                    
                                      $4,000,000 for the                
                                      segment between                   
                                      Allen-Warren County               
                                      line and Dry Ridge                
                                      Road...............       11.500  
1380 Tennessee                       Construct State                    
                                      Route 30 from                     
                                      Athens to Etowah in               
                                      McMinn County......       10.320  
1381 Arizona                         Replace US-93 Hoover               
                                      Dam Bridge.........       20.000  
1382 Iowa                            Conduct study of                   
                                      Port of Des Moines,               
                                      Des Moines.........        0.100  
1383 Missouri                        Bull Shoals Lake                   
                                      Ferry in Taney                    
                                      County, Missouri...        0.697  
1384 Pennsylvania                    Widen PA-413 in                    
                                      Bucks County.......        2.000  
1385 Mississippi                     Construct I-20                     
                                      interchange at                    
                                      Pirate Cove........        1.000  
1386 Texas                           Complete State                     
                                      Highway 35 in                     
                                      Aransas County.....       10.000  
1387 California                      Construct                          
                                      interchange between               
                                      I-15 and SR-18 in                 
                                      San Bernardino,                   
                                      California.........        8.000  
1388 Pennsylvania                    Improve Route 94                   
                                      Corridor through                  
                                      Hanover to Maryland               
                                      State Line.........        8.000  
1389 Ohio                            Upgrade 2 warning                  
                                      devices on the rail               
                                      north/south line                  
                                      from Columbus to                  
                                      Toledo.............        0.200  
1390 Pennsylvania                    Resurface current                  
                                      219 bypass at                     
                                      Bradford...........        6.500  
1391 New Jersey                      Construct Route 17                 
                                      bridge over the                   
                                      Susquehanna and                   
                                      Western Rail line                 
                                      in Rochelle Park...        1.500  
1392 Louisiana                       Replace ferry in                   
                                      Plaquemines Parish.        2.150  
1393 New York                        Construct Hudson                   
                                      River scenic                      
                                      overlook from Route               
                                      9 to Waterfront in                
                                      Poughkeepsie.......        0.455  
1394 California                      Complete State Route               
                                      56 in San Diego....        4.000  
1395 New Jersey                      Replace Clove Road                 
                                      bridge over                       
                                      tributary of Mill                 
                                      Brook and Clove                   
                                      Brook in Sussex                   
                                      County.............        1.000  
1396 California                      Construct                          
                                      interchanges for I-               
                                      10 in Coachella                   
                                      Valley, Riverside                 
                                      County.............        3.000  
1397 South Dakota                    Construct US-16 Hell               
                                      Canyon Bridge and                 
                                      approaches in                     
                                      Custer County......        0.441  
1398 Wisconsin                       Reconstruct U.S.                   
                                      Highway 151, Waupun               
                                      to Fond du Lac.....       26.000  
1399 Indiana                         Construct I-70/Six                 
                                      Points interchange                
                                      in Marion and                     
                                      Hendricks County...       19.950  
1400 Wyoming                         Reconstruct Cheyenne               
                                      Area Norris Viaduct        8.000  
1401 California                      Extend State Route                 
                                      52 in San Diego....        5.000  
1402 Kansas                          Reconstruct K-7 from               
                                      Lone Elm Road to                  
                                      Harrison...........        3.100  
1403 Mississippi                     Construct US-84 from               
                                      Eddiceton to Auburn               
                                      Road...............        1.250  
1404 Florida                         Construct County                   
                                      Road 470                          
                                      Interchange in Lake               
                                      County.............        8.000  
1405 Virginia                        Widen I-81 in                      
                                      Roanoke and                       
                                      Botetourt Counties                
                                      and in Rockbridge,                
                                      Augusta and                       
                                      Rockingham Counties        6.000  
1406 California                      Improve and modify                 
                                      the Port of Hueneme               
                                      Intermodal                        
                                      Corridor--Phase II                
                                      in Ventura County..       22.400  
1407 New York                        Construct Bay Shore                
                                      Road SR-231 to SR-                
                                      27 in Suffolk                     
                                      County.............        8.000  
1408 Alabama                         Complete I-59                      
                                      interchange in                    
                                      Dekalb County......        4.000  
1409 Michigan                        Construct                          
                                      interchange at US-                
                                      10/Bay City Road in               
                                      Midland............        4.000  
1410 Connecticut                     Improve Route 4                    
                                      intersection in                   
                                      Harwinton,                        
                                      Connecticut........        1.800  
1411 Colorado                        Construct Wadsworth                
                                      Boulevard                         
                                      improvement project               
                                      in Arvada..........        1.000  
1412 Connecticut                     Reconstruct Post                   
                                      Office Town Farm                  
                                      Road in Enfield,                  
                                      Connecticut........        1.500  
1413 Pennsylvania                    Widen and signalize                
                                      Sumneytown Pike and               
                                      Forty Foot Road in                
                                      Montgomery County,                
                                      Pennsylvania.......        4.300  
1414 Tennessee                       Improve State Road                 
                                      95 from Westover                  
                                      Drive to SR-62 in                 
                                      Roane and Anderson                
                                      Counties...........        4.900  
1415 New York                        FJ&G Rail/Trail                    
                                      Project in Fulton                 
                                      County.............        0.700  
1416 Pennsylvania                    Construct Towamencin               
                                      Township multimodal               
                                      center.............        2.900  
1417 Michigan                        Relocate US-31 from                
                                      River Road to Naomi               
                                      Road in Berrian                   
                                      County.............       18.000  
1418 Alaska                          Extend West Douglas                
                                      Road in Goldbelt                  
                                      and Juneau.........        3.300  
1419 Illinois                        Construct US-67 in                 
                                      Madison and Jersey                
                                      Counties...........        6.800  
1420 Idaho                           Reconstruct US-95                  
                                      from Bellgrove to                 
                                      Mica...............       10.000  
1421 Idaho                           Construct US-95:                   
                                      Sandcreek Alternate               
                                      Route in Sandpoint.       15.000  
1422 Ohio                            Construct highway-                 
                                      rail grade                        
                                      separations on Snow               
                                      Road in Brook Park.        3.000  
1423 New York                        Construct Southern                 
                                      State Parkway ITS                 
                                      between NYS Route                 
                                      110 and Sagtikos                  
                                      Parkway............        4.825  
1424 Florida                         Widen US-17/92 in                  
                                      Volusia County.....        1.800  
1425 Connecticut                     Realign Route 4                    
                                      intersection in                   
                                      Farmington.........        2.800  
1426 Louisiana                       Construct Louisiana                
                                      Highway 1 from the                
                                      Gulf of Mexico to                 
                                      US-90..............        0.750  
1427 Kentucky                        Construct Kentucky                 
                                      31E from Bardstowns               
                                      to Salt River......        1.000  
1428 Virginia                        Constuct Third                     
                                      Bridge/Tunnel                     
                                      Crossing of Hampton               
                                      Road...............        5.000  
1429 Washington                      Widen Cook Road in                 
                                      Skagit County,                    
                                      Washington.........        3.100  
1430 Pennsylvania                    Construct 25.5 miles               
                                      of the Perkiomen                  
                                      Trail..............        0.540  
1431 Louisiana                       Construct Port of                  
                                      South Louisiana                   
                                      Connector in Saint                
                                      John the Baptist                  
                                      Parish.............        0.700  
1432 New York                        Construct CR-96 from               
                                      Great South Bay to                
                                      Montauk Highway in                
                                      Suffolk County.....        0.275  
1433 Pennsylvania                    Construct US-6                     
                                      Tunkhannock Bypass                
                                      in Wyoming County..        2.400  
1434 Alabama                         Construct Eastern                  
                                      Shore Trail project               
                                      in Fairhope,                      
                                      Alabama............        1.355  
1435 Georgia                         Construct North                    
                                      River Causeway and                
                                      Bridge, St. Mary's                
                                      County.............        2.900  
1436 Utah                            Construct Phase II                 
                                      of the University                 
                                      Avenue Interchange                
                                      in Provo...........       10.000  
1437 California                      Widen SR-71 from                   
                                      Riverside County to               
                                      SR-91..............       13.000  
1438 Arkansas                        Construct access                   
                                      route to Northwest                
                                      Arkansas Regional                 
                                      Airport in                        
                                      Highfill, Arkansas.       16.000  
1439 California                      Construct Ocean                    
                                      Boulevard and                     
                                      Terminal Island                   
                                      Freeway interchange               
                                      in Long Beach,                    
                                      California.........       20.000  
1440 Nebraska                        Widen and                          
                                      reconstruct I-680                 
                                      from Pacific Street               
                                      to Dodge Street in                
                                      Douglas County.....        8.000  
1441 Indiana                         Lafayette Railroad                 
                                      relocation project                
                                      in Lafayette,                     
                                      Indiana............       29.400  
1442 Florida                         Construct pedestrian               
                                      overpass from                     
                                      Florida National                  
                                      Scenic Trail over I-              
                                      4..................        2.500  
1443 Michigan                        Construct                          
                                      interchange at I-75/              
                                      North Down River                  
                                      Road...............        1.500  
1444 New York                        Construct CR-96 from               
                                      Montauk Highway to                
                                      Sunrise Highway in                
                                      Suffolk County.....        0.435  
1445 Connecticut                     Widen Route 10 from                
                                      vicinity of Lazy                  
                                      Lane to River                     
                                      Street in                         
                                      Southington,                      
                                      Connecticut........        4.640  
1446 Connecticut                     Widen Route 4 in                   
                                      Torrington.........        2.800  
1447 Washington                      Construct Port of                  
                                      Longview Industrial               
                                      Rail Corridor and                 
                                      Fibre Way Overpass                
                                      in Longview........        2.500  
1448 Virginia                        Construct I-95/State               
                                      Route 627                         
                                      interchange in                    
                                      Stafford County....        4.000  
1449 Colorado                        Complete the Powers                
                                      Boulevard north                   
                                      extension in                      
                                      Colorado Springs...       12.000  
1450 Ohio                            Construct St.                      
                                      Clairsville Bike                  
                                      Path in Belmont                   
                                      County.............        0.500  
1451 South Dakota                    Construct Aberdeen                 
                                      Truck bypass.......        2.576  
1452 New York                        Conduct extended                   
                                      needs study for the               
                                      Tappan Zee Bridge..        4.000  
1453 Washington                      Widen SR-99 between                
                                      148th Street and                  
                                      King County Line in               
                                      Lynnwood...........        3.000  
1454 Texas                           Construct State                    
                                      Highway 121 from I-               
                                      30 to US-67 in                    
                                      Cleburne...........       32.000  
1455 Oklahoma                        Reconstruct US-70                  
                                      from Broken Bow to                
                                      Arkansas State line               
                                      in McCurtain County        7.500  
1456 Georgia                         Conduct study of a                 
                                      multimodal                        
                                      transportation                    
                                      corridor along GA-                
                                      400................       25.000  
1457 New York                        Reconstruct and                    
                                      widen Route 78 from               
                                      I-90 to Route 15...        5.500  
1458 Nebraska                        Construct South                    
                                      Beltway in Linclon.        5.500  
1459 Nebraska                        Replace US-81 bridge               
                                      between Yankton,                  
                                      south Dakota and                  
                                      Cedar County,                     
                                      Nebaska............        1.500  
1460 Florida                         Construct Alden Road               
                                      Improvement Project               
                                      in Orange County...        0.700  
1461 California                      Improve and widen                  
                                      Forest Hill Road in               
                                      Placer County......        7.000  
1462 Washington                      Improve Hillsboro                  
                                      Street/Highway 395                
                                      intersection in                   
                                      Pasco..............        3.550  
1463 Missouri                        Construct Hermann                  
                                      Bridge on Highway                 
                                      19 in Montgomery                  
                                      and Gasconade                     
                                      Counties...........        1.544  
1464 Utah                            Widen and improve                  
                                      123rd/126th South                 
                                      from 700 East to                  
                                      Jordan River in                   
                                      Draper.............        7.000  
1465 Illinois                        Improve Constitution               
                                      Avenue in Peoria...        3.500  
1466 New York                        Reconstruct                        
                                      Washington County                 
                                      covered bridge                    
                                      project............        1.700  
1467 New York                        Reconstruct                        
                                      Stoneleigh Avenue                 
                                      in Putnam County...        3.920  
------------------------------------------------------------------------

SEC. 128. WOODROW WILSON MEMORIAL BRIDGE.

  Section 407(a) of the National Highway System Designation Act of 1995 
(109 Stat. 630-631) is amended--
          (1) by redesignating paragraph (2) as paragraph (3);
          (2) by striking ``(a)'' and all that follows through the 
        period at the end of paragraph (1) and inserting the following:
  ``(a) Conveyances.--
          ``(1) Conveyance to states and district of columbia.--
                  ``(A) General authority.--Not later than 60 days 
                after the date of the enactment of this subparagraph, 
                the Secretary shall convey to the State of Virginia, 
                the State of Maryland, and the District of Columbia all 
                right, title, and interest of the United States in and 
                to the Bridge, including such related riparian rights 
                and interests in land underneath the Potomac River as 
                are necessary to carry out the project.
                  ``(B) Acceptance of title.--Except as provided in 
                paragraph (3), upon conveyance by the Secretary, the 
                State of Virginia, the State of Maryland, and the 
                District of Columbia shall accept the right, title, and 
                interest in and to the Bridge.
                  ``(C) Consolidation of jurisdiction.--For the purpose 
                of making the conveyance under this paragraph, the 
                Secretary of the Interior and the head of any other 
                Federal department or agency that has jurisdiction over 
                the land adjacent to the Bridge shall transfer such 
                jurisdiction to the Secretary.
                  ``(D) Funds allocated.--No funds made available for 
                the high cost Interstate System reconstruction and 
                improvement program under section 160 of title 23, 
                United States Code, may be allocated for the Bridge 
                before the State of Virginia, the State of Maryland, 
                and the District of Columbia accept right, title, and 
                interest in and to the Bridge under this paragraph.
          ``(2) Conveyance to authority.--After execution of the 
        agreement under subsection (c), the State of Virginia, State of 
        Maryland, and the District of Columbia shall convey to the 
        Authority their respective rights, titles, and interests in and 
        to the Bridge, including such related riparian rights and 
        interests in land underneath the Potomac River as are necessary 
        to carry out the Project. Except as provided in paragraph (3), 
        upon conveyance by the Secretary, the Authority shall accept 
        the right, title, and interest in and to the Bridge and all 
        duties and responsibilities associated with the Bridge.''; and
          (3) in paragraph (3), as redesignated by paragraph (1) of 
        this section, by striking ``conveyance under paragraph (1)'' 
        and inserting ``conveyance under this subsection''.

SEC. 129. TRAINING.

  (a) Training Positions for Welfare Recipients.--Section 140(a) 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.''.
  (b) Types of Training.--Section 140(b) 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 last sentence by striking ``may be available'' and 
        inserting ``may be utilized''.
  (c) 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) Funding.--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.
  (d) 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) Funding.--Of the amounts made available for each of 
        fiscal years 1998 through 2003 by section 127(a)(3)(H) of this 
        Act, $500,000 per fiscal year shall be available to carry out 
        this subsection. Such funds shall remain available until 
        expended. The Federal share of the cost of establishment and 
        operation of the facility under this subsection shall be 80 
        percent.

SEC. 130. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

  (a) Purpose.--The purpose of this section is to provide assistance 
and support to State and local efforts on surface and aviation-related 
transportation issues necessary to obtain the national recognition and 
economic benefits of participation in the International Olympic 
movement and the International Paralympic movement by hosting 
international quadrennial Olympic and Paralympic events in the United 
States.
  (b) Priority for Transportation Projects Related to Olympic Events.--
Notwithstanding any other provision of law, the Secretary may give 
priority to funding for a transportation project related to an Olympic 
event from funds available to carry out 1 or more of sections 144(g)(1) 
and 160 of title 23, United States Code, and sections 5309 and 5326 of 
title 49, United States Code, if the project meets the extraordinary 
needs associated with an international quadrennial Olympic event and if 
the project is otherwise eligible for assistance under such section.
  (c) Transportation Planning Activities.--The Secretary may 
participate in planning activities of States, metropolitan planning 
organizations, and sponsors of transportation projects related to an 
international quadrennial Olympic event under sections 134 and 135 of 
title 23, United States Code, and in developing intermodal 
transportation plans necessary for such projects in coordination with 
State and local transportation agencies.
  (d) Use of Administrative Expenses.--The Secretary may provide 
assistance from funds deducted under section 104(a) of title 23, United 
States Code, for the development of an Olympic and Paralympic 
transportation management plan in cooperation with an Olympic and a 
Paralympic Organizing Committee responsible for hosting, and State and 
local communities affected by, an international quadrennial Olympic 
event.
  (e) Transportation Projects Related to Olympic Events.--
          (1) General authority.--The Secretary may provide assistance 
        to States and local governments in carrying out transportation 
        projects related to an international quadrennial Olympic event. 
        Such assistance may include planning, capital, and operating 
        assistance.
          (2) Federal share.--The Federal share of the costs of 
        projects assisted under this subsection shall not exceed 80 
        percent. For purposes of determining the non-Federal share, 
        highway, aviation, and transit projects shall be considered a 
        program of projects.
  (f) Eligible Governments.--A State or local government is eligible to 
receive assistance under this section only if it is hosting a venue 
that is part of an international quadrennial Olympics that is 
officially selected by the International Olympic Committee.
  (g) Airport Development Projects.--
          (1) Airport development defined.--Section 47102(3) of title 
        49, United States Code, is amended by adding at the end the 
        following:
                  ``(H) Developing, in coordination with State and 
                local transportation agencies, intermodal 
                transportation plans necessary for Olympic-related 
                projects at an airport.''.
          (2) Discretionary grants.--Section 47115(d) of title 49, 
        United States Code, is amended--
                  (A) by striking ``and'' at the end of paragraph (5);
                  (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(7) the need for the project in order to meet the unique 
        demands of hosting international quadrennial Olympic events.''.

SEC. 131. NATIONAL DEFENSE HIGHWAYS.

  (a) Reconstruction Projects.--If the Secretary determines, after 
consultation with the Secretary of Defense, that a highway, or portion 
of a highway, located outside the United States is important to the 
national defense, the Secretary may carry out a project for the 
reconstruction of such highway or portion of highway.
  (b) Funding.--The Secretary may make available, from funds 
appropriated for expenditure on the National Highway System, not to 
exceed $20,000,000 per fiscal year for each of fiscal years 1998 
through 2003 to carry out this section. Such sums shall remain 
available until expended.

SEC. 132. MISCELLANEOUS SURFACE TRANSPORTATION PROGRAMS.

  (a) Infrastructure Awareness Program.--
          (1) In general.--The Secretary is authorized to fund the 
        production of a documentary about infrastructure in cooperation 
        with a not-for-profit national public television station and 
        the National Academy of Engineering which shall demonstrate how 
        public works and infrastructure projects stimulate job growth 
        and the economy and contribute to the general welfare of the 
        nation.
          (2) Funding.--There is authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $1,000,000 for each of fiscal years 
        1998, 1999, and 2000. Such funds shall remain available until 
        expended.
          (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 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.
  (b) Study of Parking Facilities Adequacy.--
          (1) 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 shall be carried out in 
        cooperation with research entities representing motor carriers, 
        the travel plaza industry, and commercial motor vehicle 
        drivers.
          (2) Report.--Not later than January 1, 2001, 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.
          (3) Funding.--From amounts set aside under section 104(a) of 
        title 23, United States Code, for each of fiscal years 1998, 
        1999, and 2000, the Secretary may use not to exceed $500,000 
        per fiscal year to carry out this section.

SEC. 133. ELIGIBILITY.

  (a) Ambassador Bridge Access, Michigan.--Notwithstanding section 129 
of title 23, United States Code, or any other provision of law, 
improvements to 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 sections 104(b)(1) 
and 104(b)(3) of such title.
  (b) Cuyahoga River Bridge, Ohio.--Notwithstanding section 149 of 
title 23, United States Code, or 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)(2) of such 
title.
  (c) Connecticut.--In fiscal year 1998, the State of Connecticut may 
transfer any funds remaining available for obligation under the section 
104(b)(5)(A) 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 103(c)(4) of this Act, the 
Secretary shall make available to the State of Connecticut sufficient 
obligation authority under section 103(c) of this Act to obligate funds 
available for transfer under this subsection.
  (d) San Francisco-Oakland Bay Bridge, California.--In accordance with 
section 502 of this Act, a project to reconstruct the Interstate System 
approach to the western end of the San Francisco-Oakland Bay Bridge and 
the ramps connecting the bridge to Treasure Island shall be eligible 
for funds under section 160 of title 23, United States Code, relating 
to the high-cost Interstate System reconstruction and improvement 
program.
  (e) 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.
  (f) International Bridge, Sault Ste. Marie, MI.--The International 
Bridge Authority, or its successor organization, shall be permitted to 
continue collection of tolls for the maintenance, operation, capital 
improvements, and future expansions to the International Bridge and its 
approaches, plaza areas, and associated buildings and structures.
  (g) 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.

SEC. 134. FISCAL, ADMINISTRATIVE, AND OTHER AMENDMENTS.

  (a) Advanced Construction.--Section 115 is amended--
          (1) in subsection (b)--
                  (A) by moving the text of paragraph (1) (including 
                subparagraphs (A) and (B)) 2 ems to the left;
                  (B) by striking ``(1) In general.--'';
                  (C) by striking paragraphs (2) and (3); and
                  (D) by striking ``(A) prior'' and inserting ``(1) 
                prior''; and
                  (E) by striking ``(B) the project'' and inserting 
                ``(2) the project'';
          (2) by striking subsection (c); and
          (3) by redesignating subsection (d) as subsection (c).
  (b) Availability of Funds.--Section 118 is amended--
          (1) in the subsection heading for subsection (b) by striking 
        ``; Discretionary Projects''; and
          (2) by striking subsection (e) and inserting the following:
  ``(e) Effect of Release of Funds.--Any Federal-aid highway funds 
released by the final payment on a project, or by the modification of 
the project agreement, shall be credited to the same program funding 
category previously apportioned to the State and shall be immediately 
available for expenditure.''.
  (c) Federal Share Payable.--Section 120 is amended in each of 
subsections (a) and (b) by striking ``shall be'' and inserting ``shall 
not exceed''.
  (d) Payments to States for Construction.--Section 121 is amended--
          (1) in subsection (a)--
                  (A) by striking the second sentence; and
                  (B) by striking the last sentence and inserting the 
                following: ``Such payments may also be made for the 
                value of the materials (1) which have been stockpiled 
                in the vicinity of such construction in conformity to 
                plans and specifications for the projects, and (2) 
                which are not in the vicinity of such construction if 
                the Secretary determines that because of required 
                fabrication at an off-site location the material cannot 
                be stockpiled in such vicinity.'';
          (2) by striking subsection (b) and inserting the following:
  ``(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 it of the unpaid balance of the Federal share payable on 
account of such project.'';
          (3) by striking subsections (c) and (d); and
          (4) by redesignating subsection (e) as subsection (c).
  (e) Advances to States.--Section 124 is amended--
          (1) by striking ``(a)'' the first place it appears; and
          (2) by striking subsection (b).
  (f) Diversion.--Section 126, and the item relating to such section in 
the table of sections for chapter 1, are repealed.
  (g) State Highway Department.--Section 302 is amended--
          (1) by adding at the end of subsection (a) the following: 
        ``Compliance with this provision shall have no effect on the 
        eligibility of costs.'';
          (2) by striking ``(a)''; and
          (3) by striking subsection (b).
  (h) Bridge Commissions.--Public Law 87-441, relating to bridge 
commissions created by Congress and Federal approval of membership of 
such commissions, is repealed.
  (i) Other Amendments.--
          (1) Section 1023(h)(1) of Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 127 note) is amended by 
        striking ``the date on which Federal-aid highway and transit 
        programs are reauthorized after the date of the enactment of 
        the National Highway System Designation Act of 1995'' and 
        inserting ``September 30, 2003''.
          (2) Section 127(a) is amended 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.''.
          (3) Section 127(a) is amended by adding at the end the 
        following: ``The State of Louisiana may allow, by special 
        permit, the operation of vehicles with a gross vehicle weight 
        of up to 100,000 pounds for the hauling of sugarcane during the 
        harvest season, not to exceed 100 days annually.''.
          (4) Section 127 is amended by adding at the end the following 
        new subsection:
  ``(h) Maine and New Hampshire.--With respect to Interstate Route 95 
in the State of New Hampshire, State laws or regulations in effect on 
January 1, 1987, shall be applicable for purposes of this section. 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, State laws or regulations in effect on October 1, 1995, shall be 
applicable for purposes of this section.''.
  (j) Specialized Hauling Vehicles.--
          (1) Study.--The Secretary shall conduct a study to examine 
        the impact of the truck weight standards on specialized hauling 
        vehicles.
          (2) Report.--Not later than 2 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.

SEC. 135. ACCESS OF MOTORCYCLES.

  Section 102 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 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.''.

SEC. 136. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION AUTHORIZATION 
                    LAWS.

  (a) 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) in paragraph (5)(B)(iii)(I)(ff) by inserting 
                before the semicolon ``, including a connection to 
                Andrews following the Route 41 Corridor'';
                  (B) in paragraph (9) by inserting after ``New York'' 
                the following: ``, including United States Route 322 
                between United States Route 220 and I-80'';
                  (C) in paragraph (18)--
                          (i) by inserting before ``Indianapolis, 
                        Indiana'' the following: ``Sarnia, Ontario, 
                        Canada, through Port Huron, Michigan, 
                        southwesterly along I-69 and from Windsor, 
                        Ontario, Canada, through Detroit, Michigan, 
                        westerly along I-94 via Marshall, Michigan, 
                        thence south to''; and
                          (ii) by striking ``and to include'' and 
                        inserting the following:
        ``as follows:
                  ``(A) 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) run in an East/South direction to 
                        United States Route 61 and cross the 
                        Mississippi River (in the vicinity of Memphis, 
                        Tennessee) to Highway 79, and then follow 
                        Highway 79 south to 2 miles west ofAltimer, 
Arkansas, and across the Arkansas River at Lock and Dam Number 4, 
Arkansas, and then proceed south in the direction of Monticello, 
Arkansas, and link up with the route proposed in the Corridor 18 
Special Issues Study Final Report which would continue to Haynesville, 
Louisiana.
                  ``(B) 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'';
                  (D) in paragraph (21) by striking ``United States 
                Route 17 in the vicinity of Salamanca, New York'' and 
                inserting ``Interstate Route 80'';
                  (E) by inserting ``, including I-29 between Kansas 
                City and the Canadian border'' before the period at the 
                end of paragraph (23); and
                  (F) 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.
          ``(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 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 Bernandino.
          ``(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.''.
          (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), and in subsection (c)(37)''.
          (3) Routes.--Section 1105(e)(5) of such Act is further 
        amended--
                  (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                  (B) 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.'';
                  (C) by striking the last sentence of subparagraph (A) 
                and inserting it as the first sentence of subparagraph 
                (B)(i), as inserted by subparagraph (B) of this 
                paragraph; and
                  (D) in subparagraph (D), as redesignated by 
                subparagraph (A) of this paragraph, by striking ``(C)'' 
                and inserting ``(D)''.
  (b) 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.

SEC. 137. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

  (a) In General.--Section 217 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.--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. Transportation plans and projects shall provide due 
consideration for safety and contiguous routes. Safety considerations 
shall include the installation 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) by striking ``when State and local 
        regulations permit,'';
          (6) in subsection (h)--
                  (A) by striking ``and'' at the end of paragraph (3);
                  (B) by redesignating paragraph (4) as paragraph (5); 
                and
                  (C) by inserting after paragraph (3) the following:
          ``(4) when State or local regulations permit, electric 
        bicycles; and''; and
          (7) by striking subsections (i) and (j) and inserting the 
        following:
  ``(i) Definitions.--In this section, the following definitions apply:
          ``(1) Bicycle transportation facility.--The term `bicycle 
        transportation facility' means new or improved lanes, paths, or 
        shoulders for use by bicyclists, traffic control devices, 
        shelters, and parking facilities for bicycles.
          ``(2) 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 
        powered.''.
  (b) Protection of Nonmotorized Transportation Traffic.--Section 
109(n) 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 reasonably alternate route or such a 
route exits.''.
  (c) Railway-Highway Crossings.--Section 130 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.''.
  (d) Highway and Street Design Standards.--
          (1) Study.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall initiate, in 
        conjunction with the American Association of State Highway and 
        Transportation Officials, a study to consider proposals to 
        amend the policies of such association relating to highway and 
        street design standards to accommodate bicyclists and 
        pedestrians.
          (2) Report.--Not later than 2 years after such date of 
        enactment, the Secretary shall transmit to Congress a report on 
        the results of the study with any recommendations on amending 
        the policies referred to in paragraph (1) the Secretary 
        determines appropriate.
  (e) National Bicycle Safety Education Curricula.--
          (1) Development.--The Secretary is authorized to develop a 
        national bicycle safety education curricula that may include 
        courses relating to on-road training.
          (2) Report.--Not later than 12 months after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a copy of the curricula.
          (3) Funding.--From amounts made available under section 210 
        of this Act, the Secretary may use not to exceed $500,000 for 
        fiscal year 1998 to carry out this subsection.
  (f) Design Guidance.--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. 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. The guidance shall be developed within 1 year after the date 
of the enactment of this Act.

SEC. 138. HAZARD ELIMINATION PROGRAM.

  Section 152 is amended--
          (1) in subsection (a) by inserting ``, bicyclists,'' after 
        ``motorists'';
          (2) by adding at the end of subsection (a) the following: 
        ``In carrying out this section, States shall minimize any 
        negative impact on safety and access for bicyclists and 
        pedestrians.'';
          (3) in subsection (b) by inserting after ``project'' the 
        following: ``or safety improvement project described in 
        subsection (a)''; and
          (4) in subsections (f) and (g) by striking ``highway'' each 
        place it appears.

SEC. 139. PROJECT ADMINISTRATION.

  (a) Life Cycle Cost Analysis.--Section 106(e) is amended--
          (1) in paragraph (1) by striking ``with a cost of $25,000,000 
        or more'';
          (2) by adding at the end of paragraph (1) the following: 
        ``The program shall be based on the principles contained in 
        section 2 of Executive Order 12893.''; and
          (3) in paragraph (2) by inserting after ``maintenance,'' the 
        following: ``user costs,''.
  (b) Evaluation 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 
        their 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 utility 
                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-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 they 
                incur 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 the 
        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.

SEC. 140. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

  Section 112(b)(2) of title 23, United States Code, is amended--
          (1) in subparagraph (B)(i) by striking ``, except to'' and 
        all that follows through ``services'';
          (2) by striking subparagraph (C) and inserting the following:
                  ``(C) Selection, performance, and audits.--
                          ``(i) In general.--All requirements for 
                        architectural, engineering, and related 
                        services at any phase of a highway project 
                        funded in whole or in part with Federal-aid 
                        highway funds shall be performed under a 
                        contract awarded in accordance with 
                        subparagraph (A) unless the simplified 
                        acquisition procedures of the Federal 
                        Acquisition Regulations of title 48, Code of 
                        Federal Regulations, apply.
                          ``(ii) Prohibition on state restrictions.--A 
                        State shall not impose any overhead 
                        restriction, or salary limitation inconsistent 
                        with the Federal Acquisition Regulations, that 
                        would preclude any qualified firm from being 
                        eligible to compete for contracts awarded in 
                        accordance with subparagraph (A).
                          ``(iii) Compliance with federal acquisition 
                        regulations.--The process for selection, award, 
                        performance, administration, and audit of the 
                        resulting contracts shall comply with the 
                        procedures, cost principles, and cost 
                        accounting principles of the Federal 
                        Acquisition Regulations, including parts 30, 
                        31, and 36 of title 48, Code of Federal 
                        Regulations.'';
          (3) in subparagraph (G)--
                  (A) by inserting ``(i) General rule.--'' before 
                ``Subpargraphs'';
                  (B) by adding at the end the following:
                          ``(ii) State option.--Congress has determined 
                        that the State opt-out period for the contract 
                        administration procedures has expired. States 
                        that have complied with or received waivers 
                        from the Secretary regarding the requirements 
                        of section 307 of the National Highway 
                        Designation Act of 1995, as of the date of the 
                        enactment of this clause, shall not be subject 
                        to the requirements of subparagraph (A).''; and
                  (C) by indenting clause (i), as designated by 
                subparagraph (A) of this paragraph, and aligning it 
                with clause (ii), as added by subparagraph (B) of this 
                paragraph; and
          (4) by adding at the end the following:
                  ``(H) Compliance.--A State shall comply, with respect 
                to any architecture, engineering, or related service 
                contract for any phase of a Federal-aid highway 
                project, with the qualifications-based selection 
                procedures of the Federal Acquisition Regulations, and 
                with the single audit procedures required under this 
                paragraph, or with an existing State law or a statute 
                enacted in accordance with the legislative session 
                exemption provided by subparagraph (G).''.

SEC. 141. COMMERCIAL MOTOR VEHICLE STUDY.

  (a) Study.--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 
currently apply. In conducting the study, the Board shall review 
current law, regulations, studies (including Transportation Research 
Board Special Report 225), and practices and develop recommendations 
regarding any revisions to current law and regulations that the Board 
deems appropriate.
  (b) Factors To Consider and Evaluate.--In developing recommendations 
under subsection (a), the Board shall consider and evaluate the impact 
of the recommendations described in subsection (a) on the economy, the 
environment, safety, and service to communities.
  (c) Consultation.--In carrying out the study, the Board shall consult 
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.
  (d) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Board shall transmit to Congress and the Secretary a 
report on the results of the study conducted under this section.
  (e) Recommendations.--Not later than 6 months after the date of 
receipt of the report under subsection (d), the Secretary may transmit 
to Congress a report containing comments or recommendations of the 
Secretary regarding the report.
  (f) 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 1998 and 1999 to carry out this subsection.
  (g) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that the Federal share of the cost of the study under this 
section shall be 100 percent and such funds shall remain available 
until expended.

SEC. 142. NEW YORK AVENUE TRANSPORTATION DEVELOPMENT AUTHORITY.

  (a) Establishment.--There is established an authority to be known as 
the New York Avenue Transportation Development Authority (hereinafter 
in this section referred to as ``Authority'').
  (b) Membership.--The Authority shall be composed of 5 members 
appointed as follows:
          (1) 3 individuals appointed by the President.
          (2) 2 individuals appointed by the mayor of the District of 
        Columbia.
  (c) Compensation.--Members of the Authority may not receive pay, 
allowances, or benefits by reason of their service on the Authority.
  (d) Duties.--The Authority shall develop a transportation improvement 
plan for the Capital Gateway Corridor and vicinity following United 
States Route 50 from I-395 in Washington, D.C., to the intersection of 
United States Route 50 with Kenilworth Avenue and the Baltimore-
Washington Parkway in Maryland, which shall include--
          (1) engineering, pre-design, and design necessary to improve 
        the corridor; and
          (2) economic feasibility studies of financing the project, 
        including the feasibility of repaying funds that may be 
        borrowed from the Highway Trust Fund to carry out the project.
  (e) Considerations for TIP.--In developing the transportation 
improvement plan, the Authority shall consider--
          (1) how a tunnel or other method to re-route interstate 
        traffic from the surface of New York Avenue may improve traffic 
        on and access to the New York Avenue Corridor; and
          (2) how to improve access to the National Arboretum.
  (f) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Authority shall report to the Congress on any 
additional legal authorities it needs to carry out the transportation 
improvement plan.
  (g) Funding.--The Authority is eligible to receive funds authorized 
under the National Corridor Planning and Development program 
established in section 115.

SEC. 143. DEFINITIONS.

  Section 101(a) is amended to read as follows:
  ``(a) Definitions.--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 handicapped, 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 all expenses 
        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 which 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 in 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 which 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 which 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 which 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 highways.--The term `Federal-aid highways' 
        means highways eligible for assistance under this chapter other 
        than highways classified as local roads or rural minor 
        collectors.
          ``(6) Federal-aid system.--The term `Federal-aid system' 
        means any one of the Federal-aid highway systems described in 
        section 103.
          ``(7) Federal lands highways.--The term `Federal lands 
        highways' means forest highways, public lands highways, park 
        roads, parkways, and Indian reservation roads which are public 
        roads.
          ``(8) Forest development roads and trails.--The term `forest 
        development roads and trails' means a forest road or trail 
        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 and which 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 roads, streets, 
        and parkways, and also includes rights-of-way, bridges, 
        railroad-highway crossings, tunnels, drainage structures, 
        signs, guardrails, and protective structures, in connection 
        with highways. It further includes that portion of any 
        interstate or international bridge or tunnel and the approaches 
        thereto, the cost of which is assumed by a State highway 
        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) Highway safety improvement project.--The term `highway 
        safety improvement project' means a project which 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 high 
        accident potential locations.
          ``(13) Indian reservation roads.--The term `Indian 
        reservation roads' means public roads that are located within 
        or provide access to an Indian reservation or Indian trust land 
        or restricted Indian land which 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.
          ``(14) Interstate system.--The term `Interstate System' means 
        the Dwight D. Eisenhower National System of Interstate and 
        Defense Highways described in section 103(e).
          ``(15) 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 its safe and efficient 
        utilization.
          ``(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, andcontrol' 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' means 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 such other capital improvements to public roads as 
        the Secretary may designate, by regulation; except that such 
        term 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 highway 
        department and the Secretary as required by section 110(a).
          ``(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 roads and trails' means those roads 
        or trails which the Secretary of the Interior determines are of 
        primary importance for the development, protection, 
        administration, and utilization of public lands and resources 
        under his control.
          ``(25) Public lands highway.--The term `public lands highway' 
        means any highway through unappropriated or unreserved public 
        lands, nontaxable Indian lands, or other Federal reservations 
        under the jurisdiction of and maintained by a public authority 
        and open to public travel.
          ``(26) 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.
          ``(27) Rural areas.--The term `rural areas' means all areas 
        of a State not included in urban areas.
          ``(28) Secretary.--The term `Secretary' means Secretary of 
        Transportation.
          ``(29) State.--The term `State' means any one of the fifty 
        States, the District of Columbia, or Puerto Rico.
          ``(30) 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 highway department.
          ``(31) State highway department.--The term `State highway 
        department' means that department, commission, board, or 
        official of any State charged by its laws with the 
        responsibility for highway construction.
          ``(32) 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 has a direct link 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, landscaping and other scenic beautification, 
        including removal of graffiti and litter to the extent that 
        such removal is in excess of fiscal year 1997 maintenance 
        levels for removal of graffiti and litter, 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 provision of 
        tourist and welcome centers.
          ``(33) 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, as 
        a minimum, encompass 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.
          ``(34) 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. Boundaries shall, 
        at a minimum, encompass the entire urbanized area within a 
        State as designated by the Bureau of the Census.''.

                        TITLE II--HIGHWAY SAFETY

SEC. 201. AMENDMENTS TO TITLE 23, 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 23, 
United States Code.

SEC. 202. HIGHWAY SAFETY PROGRAMS.

  (a) Uniform Guidelines.--Section 402(a) is amended--
          (1) in the fourth sentence by striking ``(4)'' and inserting 
        ``(4) to prevent accidents and''; 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''.
  (b) Administration of State Programs.--Section 402(b) 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 6th sentence of section 402(c) 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) is amended to read 
as follows:
  ``(i) Application in Indian Country.--
          ``(1) In general.--For the purpose of application of this 
        section in Indian country, the terms `State' and `Governor of a 
        State' include the Secretary of the Interior and the term 
        `political subdivision of a State' includes an Indian tribe. 
        Notwithstanding subsection (b)(1)(C), 95 percent of the funds 
        apportioned to the Secretary of the Interior under this section 
        shall be expended by Indian tribes to carry out highway safety 
        programs within their jurisdictions. The requirements of 
        subsection (b)(1)(D) shall be applicable to Indian tribes, 
        except to those tribes with respect to which the Secretary of 
        Transportation determines that application of such provisions 
        would not be practicable.
          ``(2) 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) is amended to read as 
follows:
  ``(j) Rulemaking Proceeding.--The Secretary may from time to time 
conduct a rulemaking process to identify highway safety programs that 
are highly effective in reducing motor vehicle crashes, injuries, and 
deaths. Any such rulemaking shall take into account the major role of 
the States in implementing such programs. When a rule promulgated in 
accordance with this section takes effect, States shall consider these 
highly effective programs when developing their highway safety 
programs.''.

SEC. 203. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

  Section 403(a)(2)(A) is amended by inserting ``, including training 
in work zone safety management'' after ``personnel''.

SEC. 204. OCCUPANT PROTECTION INCENTIVE GRANTS.

  (a) In General.--Chapter 4 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 provisions of 
        this section, the Secretary shall make grants under subsections 
        (b) and (c) 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 subsection (b) or (c) 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 Building 
        Efficient Surface Transportation and Equity Act of 1998.
          ``(3) Maximum period of eligibility; federal share for 
        grants.--No State may receive grants under subsection (b) or 
        (c) in more than 6 fiscal years beginning after September 30, 
        1997. The Federal share payable for any grant under this 
        section shall not exceed--
                  ``(A) in the first and second fiscal years in which 
                the State receives the grant, 75 percent of the cost of 
                implementing and enforcing, as appropriate, in such 
                fiscal year a program adopted by the State;
                  ``(B) in the third and fourth fiscal years in which 
                the State receives the grant, 50 percent of the cost of 
                implementing and enforcing, as appropriate, in such 
                fiscal year such program; and
                  ``(C) in the fifth and sixth fiscal years in which 
                the State receives the grant, 25 percent of the cost of 
                implementing and enforcing, as appropriate, in such 
                fiscal year such program.
  ``(b) Grant A.--A State may establish its eligibility for a grant 
under this subsection by adopting or demonstrating to the satisfaction 
of the Secretary at least 5 of the following and, beginning in fiscal 
year 2001, at least 6 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 
        2000, 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 its safety belt use law.
          ``(3) Minimum fine or penalty points.--The State imposes a 
        minimum fine, or provides for the imposition of penalty points 
        against an individual's driver's license, for a violation of 
        its safety belt use law.
          ``(4) Child safety seat law.--The State has in effect a child 
        passenger protection law that makes unlawful throughout the 
        State the operation of a passenger motor vehicle whenever a 
        child up to 4 years of age in the vehicle is not properly 
        secured in a child safety seat.
          ``(5) Special traffic enforcement program.--The State has 
        implemented a statewide special traffic enforcement program for 
        occupant protection that emphasizes publicity for the program.
          ``(6) Child occupant protection education program.--The State 
        has implemented a statewide comprehensive child occupant 
        protection education program that includes education about 
        proper seating positions for children in air bag equipped motor 
        vehicles and instruction on how to reduce the improper use of 
        child restraints systems.
          ``(7) Child passenger protection law.--The State has in 
        effect a child passenger protection law that makes unlawful 
        throughout the State the operation of a passenger motor vehicle 
        whenever a child up to 10 years of age (and, beginning in 
        fiscal year 2003, a child up to 16 years of age) in the vehicle 
        is not properly restrained.
  ``(c) Grant B.--A State may establish its eligibility for a grant 
under this subsection by adopting or demonstrating to the satisfaction 
of the Secretary each of the following:
          ``(1) State safety belt use rate.--The State demonstrates a 
        statewide safety belt use rate in both front outboard seating 
        positions in all passenger motor vehicles of 80 percent or 
        higher in each of the years a grant under this subparagraph is 
        received.
          ``(2) Survey method.--The State follows safety belt use 
        survey methods which conform to guidelines issued by the 
        Secretary ensuring that such measurements are accurate and 
        representative.
  ``(d) Grant Amounts.--The amount of each grant for which a State 
qualifies under subsection (b) or (c) for a fiscal year shall equal up 
to 30 percent of the amount apportioned to the State for fiscal year 
1997 under section 402 of this title.
  ``(e) Definitions.--In this subsection, 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.
  ``(f) Administrative Expenses.--Funds authorized to be appropriated 
to carry out this section shall be subject to a deduction not to exceed 
5 percent for the necessary costs of administering the provisions of 
this section.
  ``(g) Applicability of Chapter 1.--
          ``(1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title that are 
        applicable to National Highway System funds, other than 
        provisions relating to the apportionment formula and provisions 
        limiting the expenditure of such funds to Federal-aid highways, 
        shall apply to the funds authorized to be appropriated to carry 
        out this section.
          ``(2) Inconsistent provisions.--If the Secretary determines 
        that a provision of chapter 1 of this title is inconsistent 
        with this section, such provision shall not apply to funds 
        authorized to be appropriated to carry out this section.
          ``(3) Credit for state and local expenditures.--The aggregate 
        of all expenditures made during any fiscal year by a State and 
        its political subdivisions (exclusive of Federal funds) for 
        carrying out the State highway safety program under section 402 
        (other than planning and administration) shall be available for 
        the purpose of crediting such State during such fiscal year for 
        the non-Federal share of the cost of any project under this 
        section (other than one forplanning or administration) without 
regard to whether such expenditures were actually made in connection 
with such project.
          ``(4) Increased federal share for certain indian tribe 
        programs.--In the case of an occupant protection program 
        carried out by an Indian tribe, if the Secretary is satisfied 
        that an Indian tribe does not have sufficient funds available 
        to meet the non-Federal share of the cost of such program, the 
        Secretary may increase the Federal share of the cost thereof 
        payable under this title to the extent necessary.
          ``(5) Treatment of term `state highway department'.--In 
        applying provisions of chapter 1 in carrying out this section, 
        the term `State highway department' as used in such provisions 
        shall mean the Governor of a State and, in the case of an 
        Indian tribe program, the Secretary of the Interior.''.
  (b) Conforming Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 404 the 
following:

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

SEC. 205. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

  Section 410 is amended to read as follows:

``Sec. 410. Alcohol-impaired driving countermeasures

  ``(a) General Authority.--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.
  ``(b) 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 
the enactment of the Building Efficient Surface Transportation and 
Equity Act of 1998.
  ``(c) Maximum Period of Eligibility; Federal Share for Grants.--No 
State may receive grants under this section in more than 6 fiscal years 
beginning after September 30, 1997. The Federal share payable for any 
grant under this section shall not exceed--
          ``(1) in the first and second fiscal years in which the State 
        receives a grant under this section, 75 percent of the cost of 
        implementing and enforcing in such fiscal year a program 
        adopted by the State pursuant to subsection (a);
          ``(2) in the third and fourth fiscal years in which the State 
        receives a grant under this section, 50 percent of the cost of 
        implementing and enforcing in such fiscal year such program; 
        and
          ``(3) in the fifth and sixth fiscal years in which the State 
        receives a grant under this section, 25 percent of the cost of 
        implementing and enforcing in such fiscal year such program.
  ``(d) 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) .08 bac per se law.--A law that provides that 
                any individual with a blood alcohol concentration of 
                0.08 percent or greater while operating a motor vehicle 
                shall be deemed to be driving while intoxicated.
                  ``(B) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for 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 
                        the enactment of the Building Efficient Surface 
                        Transportation and Equity Act of 1998, is 
                        determined on the basis of a chemical test to 
                        have been operating a motor vehicle under the 
                        influence of alcohol or is determined to have 
                        refused to submit to such a test as proposed by 
                        a law enforcement officer, the State agency 
                        responsible for administering drivers' 
                        licenses, upon 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 State's procedures.
                  ``(C) Underage drinking program.--An effective 
                system, as determined by the Secretary, for preventing 
                operators of motor vehicles under age 21 from obtaining 
                alcoholic beverages and for preventing persons from 
                making alcoholic beverages available to individuals 
                under age 21. Such system may include a graduated 
                licensing system, the issuance of drivers' licenses to 
                individuals under age 21 that are easily 
                distinguishable in appearance from drivers' licenses 
                issued to individuals age 21 years of age or older, and 
                the issuance of drivers' licenses that are tamper 
                resistant.
                  ``(D) 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.
                  ``(E) Repeat offenders.--Effective sanctions for 
                repeat offenders convicted of driving under the 
                influence of alcohol. Such sanctions, as determined by 
                the Secretary, may include electronic monitoring; 
                alcohol interlocks; intensive supervision of probation; 
                vehicle impoundment, confiscation, or forfeiture; 
                dedicated detention facilities; special measures to 
                reduce driving with a suspended license; and assignment 
                of treatment.
                  ``(F) Drivers with high bac's.--Programs to target 
                individuals with high blood alcohol concentrations who 
                operate a motor vehicle. Such programs may include 
                implementation of a system of graduated penalties and 
                assessment of individuals convicted of driving under 
                the influence of alcohol.
                  ``(G) Young adult drinking programs.--Programs to 
                reduce driving while under the influence of alcohol by 
                individuals age 21 through 34. Such programs may 
                include awareness campaigns; traffic safety 
                partnerships with employers, colleges, and the 
                hospitality industry; assessment of first time 
                offenders; and incorporation of treatment into judicial 
                sentencing.
                  ``(H) Testing for bac.--An effective system for 
                increasing the rate of testing for blood alcohol 
                concentration of motor vehicle drivers in fatal 
                accidents and, in fiscal year 2000 and in 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 30 percent of the amount apportioned to the State for 
        fiscal year 1997 under section 402 of this title.
  ``(e) Discretionary Grants.--
          ``(1) In general.--Upon receiving an application from a 
        State, the Secretary may make grants to the State for carrying 
        out innovative programs (other than the programs specified in 
        subsection (d)) to reduce traffic safety problems resulting 
        from individuals driving while under the influence of alcohol 
        or controlled substances. Such programs may 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 (d) in such 
        fiscal year.
          ``(3) Funding.--Of the amounts made available to carry out 
        this section, not to exceed 12 percent shall be available for 
        making grants under this subsection.
  ``(f) Administrative Expenses.--Funds authorized to be appropriated 
to carry out this section shall be subject to a deduction not to exceed 
5 percent for the necessary costs of administering the provisions of 
this section.
  ``(g) Applicability of Chapter 1.--
          ``(1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title that are 
        applicable to National Highway System funds, other than 
        provisions relating to the apportionment formula and provisions 
        limiting the expenditure of such funds to Federal-aid highways, 
        shall apply to the funds authorized to be appropriated to carry 
        out this section.
          ``(2) Inconsistent provisions.--If the Secretary determines 
        that a provision of chapter 1 of this title is inconsistent 
        with this section, such provision shall not apply to funds 
        authorized to be appropriated to carry out this section.
          ``(3) Credit for state and local expenditures.--The aggregate 
        of all expenditures made during any fiscal year by a State and 
        its political subdivisions (exclusive of Federal funds) for 
        carrying out the State highway safety program under section 402 
        (other than planning and administration) shall be available for 
        the purpose of crediting such State during such fiscal year for 
        the non-Federal share of the cost of any project under this 
        section (other than one for planning or administration) without 
        regard to whether such expenditures were actually made in 
        connection with such project.
          ``(4) Increased federal share for certain indian tribe 
        programs.--In the case of an alcohol-impaired driving 
        countermeasures program carried out by an Indian tribe, if the 
        Secretary is satisfied that an Indian tribe does not have 
        sufficient funds available to meet the non-Federal share of the 
        cost of such program, the Secretary may increase the Federal 
        share of the cost thereof payable under this title to the 
        extent necessary.
          ``(5) Treatment of term `state highway department'.--In 
        applying provisions of chapter 1 in carrying out this section, 
        the term `State highway department' as used in such provisions 
        shall mean the Governor of a State and, in the case of an 
        Indian tribe program, the Secretary of the Interior.
  ``(h) Definitions.--In this section, the following definitions apply:
          ``(1) Alcoholic beverage.--The term `alcoholic beverage' has 
        the meaning such term has under section 158(c) of this title.
          ``(2) Controlled substances.--The term `controlled 
        substances' has the meaning such term has under section 102(6) 
        of the Controlled Substances Act (21 U.S.C. 802(6)).
          ``(3) 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.''.

SEC. 206. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.

  (a) In General.--Chapter 4 is further amended by adding at the end 
the following new section:

``Sec. 411. State highway safety data improvements

  ``(a) General Authority.--Subject to the provisions of this section, 
the Secretary shall make grants to States that adopt and implement 
effective programs to--
          ``(1) improve the timeliness, accuracy, completeness, 
        uniformity, and accessibility of the State's data needed to 
        identify priorities for national, State, and local highway and 
        traffic safety programs;
          ``(2) evaluate the effectiveness of efforts to make such 
        improvements;
          ``(3) link these State data systems, including traffic 
        records, together and with other data systems within the State, 
        such as systems that contain medical and economic data; and
          ``(4) improve State data systems' compatibility with national 
        data systems and those of other States and enhance the 
        Secretary's ability to observe and analyze national trends in 
        crash occurrences, rates, outcomes, and causation.
Such grants may be used by recipient States only to implement such 
programs.
  ``(b) 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 causation. A State's multiyear 
highway safety data and traffic records plan described in subsection 
(e)(1) shall demonstrate how the model data elements will be 
incorporated into the State's data systems for the State to be eligible 
for grants under this section.
  ``(c) 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 the 
enactment of the Building Efficient Surface Transportation and Equity 
Act of 1998.
  ``(d) Maximum Period of Eligibility; Federal Share for Grants.--No 
State may receive grants under this section in more than 6 fiscal years 
beginning after September 30, 1997. The Federal share payable for any 
grant under this section shall not exceed--
          ``(1) in the first and second fiscal years in which the State 
        receives the grant, 75 percent of the cost of implementing and 
        enforcing, as appropriate, in such fiscal year a program 
        adopted by the State;
          ``(2) in the third and fourth fiscal years in which the State 
        receives the grant, 50 percent of the cost of implementing and 
        enforcing, as appropriate, in such fiscal year such program; 
        and
          ``(3) in the fifth and sixth fiscal years in which the State 
        receives the grant under this section, 25 percent of the cost 
        of implementing and enforcing, as appropriate, in such fiscal 
        year such program.
  ``(e) First-Year Grants.--
          ``(1) Eligibility.--A State shall be eligible for a first-
        year grant under this section 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 State's 
                        highway safety data and traffic records system; 
                        and
                          ``(iii) initiated the development of a 
                        multiyear highway safety data and traffic 
                        records strategic plan, to be approved by the 
                        State's highway safety data and traffic records 
                        coordinating committee, that identifies and 
                        prioritizes the State's highway safety data and 
                        traffic records needs and goals, and that 
                        identifies performance-based measures by which 
                        progress toward those goals will be determined; 
                        or
                  ``(B) provides, to the satisfaction of the 
                Secretary--
                          ``(i) a certification that the State has met 
                        the requirements of clauses (i) and (ii) of 
                        subparagraph (A);
                          ``(ii) a multiyear plan that--
                                  ``(I) identifies and prioritizes the 
                                State's highway safety data and traffic 
                                records needs and goals;
                                  ``(II) specifies how the State's 
                                incentive funds for the fiscal year 
                                will be used to address those needs and 
                                goals; and
                                  ``(III) identifies performance-based 
                                measures by which progress toward those 
                                goals will be determined; and
                          ``(iii) a certification that the State's 
                        highway safety data and traffic records 
                        coordinating committee 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, subject to the availability 
                of appropriations; 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 shall receive less than $225,000, 
                subject to the availability of appropriations.
  ``(f) Succeeding Year Grants.--
          ``(1) Eligibility.--A State shall be eligible for a grant 
        under this subsection in any fiscal year succeeding the first 
        fiscal year in which the State receives a grant under 
        subsection (e) if the State, to the satisfaction of the 
        Secretary--
                  ``(A) submits or updates a multiyear plan described 
                in subsection (e)(1)(A)(iii);
                  ``(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 State's progress 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 shall receive less than $225,000, subject 
        to the availability of appropriations.
  ``(g) Administrative Expenses.--Funds authorized to be appropriated 
to carry out this section shall be subject to a deduction not to exceed 
5 percent for the necessary costs of administering the provisions of 
this section.
  ``(h) Applicability of Chapter 1.--
          ``(1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title that are 
        applicable to National Highway System funds, other than 
        provisions relating to the apportionment formula and provisions 
        limiting the expenditure of such funds to Federal-aid highways, 
        shall apply to the funds authorized to be appropriated to carry 
        out this section.
          ``(2) Inconsistent provisions.--If the Secretary determines 
        that a provision of chapter 1 of this title is inconsistent 
        with this section, such provision shall not apply to funds 
        authorized to be appropriated to carry out this section.
          ``(3) Credit for state and local expenditures.--The aggregate 
        of all expenditures made during any fiscal year by a State and 
        its political subdivisions (exclusive of Federal funds) for 
        carrying out the State highway safety program under section 402 
        (other than planning and administration) shall be available for 
        the purpose of crediting such State during such fiscal year for 
        the non-Federal share of the cost of any project under this 
        section (other than one for planning or administration) without 
        regard to whether such expenditures were actually made in 
        connection with such project.
          ``(4) Increased federal share for certain indian tribe 
        programs.--In the case of a highway safety data improvements 
        program carried out by an Indian tribe, if the Secretary is 
        satisfied that an Indian tribe does not have sufficient funds 
        available to meet the non-Federal share of the cost of such 
        program, the Secretary may increase the Federal share of the 
        cost thereof payable under this title to the extent necessary.
          ``(5) Treatment of term `state highway department'.--In 
        applying provisions of chapter 1 in carrying out this section, 
        the term `State highway department' as used in such provisions 
        shall mean the Governor of a State and, in the case of an 
        Indian tribe program, the Secretary of the Interior.''.
  (b) Conforming Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

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

SEC. 207. 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.''.

SEC. 208. 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 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 the 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 210, for conducting each 
study under this section.

SEC. 209. 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 the 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 Public Works and the Environment of the Senate a 
report containing the results of the study conducted under this 
section.

SEC. 210. 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) NHTSA highway safety programs.--For carrying out section 
        402 of title 23, United States Code, by the National Highway 
        Traffic Safety Administration $128,200,000 for fiscal year 
        1998, $150,700,000 for fiscal year 1999, and $195,700,000 for 
        each of fiscal years 2000 through 2003.
          (2) FHWA highway safety programs.--For carrying out section 
        402 of title 23, United States Code, by the Federal Highway 
        Administration $12,000,000 for fiscal year 1998, $20,000,000 
        for fiscal year 1999, and $25,000,000 for each of fiscal years 
        2000 through 2003.
          (3) NHTSA highway safety research and development.--For 
        carrying out section 403 of such title by the National Highway 
        Traffic Safety Administration $55,000,000 for each of fiscal 
        years 1998 through 2003.
          (4) FHWA highway safety research and development.--For 
        carrying out section 403 of such title by the Federal Highway 
        Administration $20,000,000 for each of fiscal years 1998 
        through 2003.
          (5) Occupant protection incentive grants.--For carrying out 
        section 405 of such title $9,000,000 for fiscal year 1998 and 
        $20,000,000 for each of fiscal years 1999 through 2003.
          (6) Alcohol-impaired driving countermeasures incentive grant 
        program.--For carrying out section 410 of such title 
        $35,000,000 for fiscal year 1998 and $45,000,000 for each of 
        fiscal years 1999 through 2003.
          (7) State highway safety data grants.--For carrying out 
        section 411 of such title $2,500,000 for fiscal year 1998 and 
        $12,000,000 for each of fiscal years 1999 through 2003.
          (8) National driver register.--For carrying out chapter 303 
        of title 49, United States Code, by the National Highway 
        Traffic Safety Administration, $2,300,000 for each of fiscal 
        years 1998 through 2003.
  (b) Transfers.--In each fiscal year, the Secretary may transfer any 
amounts remaining available under paragraph (5), (6), or (7) 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, 406, and 410 of title 23, United States 
Code.

SEC. 211. TRANSPORTATION INJURY RESEARCH.

  (a) Center for Transportation Injury Research.--
          (1) In general.--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 for each of 
        fiscal years 1998 through 2003 by section 127(a)(3)(H) of this 
        Act, $2,000,000 per fiscal year shall be available to carry out 
        this subsection.
  (b) Head and Spinal Cord Injury Research.--
          (1) In general.--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 amounts made available for each of fiscal 
        years 1999 through 2003 by section 127(a)(3)(F), $500,000 per 
        fiscal year shall be available to carry out this subsection.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

SEC. 301. 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. 302. 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 the Secretary 
                prescribes limiting the leasing arrangements to those 
                that are more cost-effective than acquisition or 
                construction; or
                  ``(G) a mass transportation improvement that enhances 
                economic development or incorporates private investment 
                (including commercial and residential development and 
                pedestrian and bicycle access to a mass transportation 
                facility) because the improvement--
                          ``(i) enhances the effectiveness of a mass 
                        transportation project and is related 
                        physically or functionally to that mass 
                        transportation project or establishes new or 
                        enhanced coordination between mass 
                        transportation and other transportation; and
                          ``(ii) provides a fair share of revenue for 
                        mass transportation that will be used for mass 
                        transportation.
          ``(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) of 
                this title; and
                  ``(B) prescribed by the Secretary of Transportation 
                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 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 one 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) Preventive maintenance.--The term `preventive 
        maintenance' means a major activity intended to improve or 
        upgrade a transit vehicle or facility or repair or replace a 
        damaged, malfunctioning, overaged, or outmoded transit vehicle 
        or facility system, subsystem, element, or component. Such term 
        does not include any activity of a routine or servicing nature, 
        such as checking and replenishing fluid levels, adjusting 
        settings on otherwise properly operating components, washing 
        and cleaning a transit vehicle or facility, changing tires and 
        wheels, or repairing damage to a vehicle or facility caused by 
        an accident.
          ``(11) Public transportation.--The term `public 
        transportation' means mass transportation.
          ``(12) Regulation.--The term `regulation' means any part of a 
        statement of general or particular applicability of the 
        Secretary of Transportation designed to carry out, interpret, 
        or prescribe law or policy in carrying out this chapter.
          ``(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 
        the project, historic preservation, rehabilitation, and 
        operation of historic mass transportation buildings, 
        structures, and facilities (including historic bus and railroad 
        facilities and canals); projects that enhance transit safety 
        and security; landscaping and other scenic beautification and 
        art in and around mass transportation stations, facilities, bus 
        shelters, bridges, and buses; bicycle and pedestrian access to 
        mass transportation, including bicycle storage facilities and 
        installing equipment for transporting bicycles on mass 
        transportation vehicles; projects that enhance access for the 
        disabled to mass transportation; and archaeological planning 
        and research related to mass transportation projects.
          ``(16) Urban area.--The term `urban area' means an area that 
        includes a municipality or other built-up place that the 
        Secretary of Transportation, 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 of Transportation.
  ``(b) Authority To Modify `Handicapped Individual'.--The Secretary of 
Transportation by regulation may modify the definition of subsection 
(a)(5) as it applies to section 5307(d)(1)(D) of this title.''.

SEC. 303. METROPOLITAN PLANNING.

  (a) Goals and Objectives of Planning Process.--Section 5303(b) is 
amended to read as follows:
  ``(b) Goals and Objectives of Planning Process.--
          ``(1) Consideration.--To the extent that the metropolitan 
        planning organization determines appropriate, the metropolitan 
        transportation planning process may include consideration of 
        goals and objectives that--
                  ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency;
                  ``(B) increase the safety and security of the 
                transportation system for all users;
                  ``(C) increase the accessibility and mobility for 
                people and freight;
                  ``(D) protect and enhance the environment, conserve 
                energy, and enhance 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 utilization and 
                operation; and
                  ``(G) preserve and optimize the existing 
                transportation system.
        This paragraph shall apply to the development of long-range 
        transportation plans and transportation improvement programs.
          ``(2) Conversion to goals and objectives.--The metropolitan 
        planning organization shall cooperatively determine with the 
        State and mass transportation operators how the considerations 
        listed in paragraph (1) are translated into metropolitan goals 
        and objectives and how they are factored into 
        decisionmaking.''.
  (b) Coordination.--Section 5303(e) is amended by adding at the end 
the following:
          ``(4) Project located in multiple mpos.--If a project is 
        located within the boundaries of more than one metropolitan 
        planning organization, the metropolitan planning organizations 
        shall coordinate plans regarding the project.''.
  (c) Long-Range Transportation Plan.--Section 5303(f) is amended--
          (1) in paragraph (1) by inserting ``transportation'' after 
        ``long-range'';
          (2) in paragraph (1) by striking ``at least shall--'' and 
        inserting ``shall contain, at a minimum, the following:'';
          (3) in paragraph (1)(A)--
                  (A) by striking ``identify'' and inserting ``An 
                identification of''; and
                  (B) by striking the semicolon at the end and 
                inserting a period;
          (4) by striking paragraph (1)(B) and inserting the following:
          ``(B) A financial plan that demonstrates how the adopted 
        transportation plan can be implemented, indicates resources 
        from public and private sources that are reasonably expected to 
        be made available to carry out the plan and recommends any 
        additional financing strategies for needed projects and 
        programs. 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. 
        For the purpose of developing the transportation plan, the 
        metropolitan planning organization and State shall 
        cooperatively develop estimates of funds that will be available 
        to support plan implementation.'';
          (5) in paragraph (1)(C)--
                  (A) by striking ``assess'' and inserting ``An 
                assessment of''; and
                  (B) by striking ``; and'' and inserting a period;
          (6) in paragraph (1)(D) by striking ``indicate'' and 
        inserting ``Indicate'';
          (7) in paragraph (4) by inserting after ``employees,'' the 
        following: ``freight shippers and providers of freight 
        transportation services,''; and
          (8) in paragraph (5) by inserting ``transportation'' before 
        ``plan''.

SEC. 304. TRANSPORTATION IMPROVEMENT PROGRAM.

  Section 5304 is amended--
          (1) in subsection (a) by striking ``2 years'' and inserting 
        ``3 years''; and
          (2) in subsection (b)(2)--
                  (A) by striking ``and'' at the end of subparagraph 
                (B);
                  (B) by striking the period at the end of subparagraph 
                (C) and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(D) 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.''.

SEC. 305. TRANSPORTATION MANAGEMENT AREAS.

  Section 5305(d)(1) is amended by striking ``of the National Highway 
System'' each place it appears and inserting the following: ``under the 
National Highway System and high risk road safety programs,''.

SEC. 306. URBANIZED AREA FORMULA GRANTS.

  (a) Section Heading.--
          (1) Amendment to section.--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 new sentence: 
                ``In an urbanized area with a population of less than 
                200,000, the Secretary may also make grants under this 
                section to finance the operating cost of equipment and 
                facilities for use in mass transportation.'';
          (2) by striking paragraphs (3) and (5); and
          (3) 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.--2 percent of the funds 
apportioned to urbanized areas of at least 200,000 population under 
section 5336 for a fiscal year shall only be available for transit 
enhancement activities.''.
  (g) Conforming Amendments.--Section 5307(n) is amended--
          (1) by striking ``(1)'' the first place it appears and all 
        that follows through ``(2)''; and
          (2) by inserting ``5319,'' after ``5318,''.

SEC. 307. MASS TRANSIT ACCOUNT BLOCK GRANTS.

  Section 5308, and the item relating to section 5308 in the table of 
sections for chapter 53, are repealed.

SEC. 308. CAPITAL PROGRAM GRANTS AND LOANS.

  (a) Section Heading.--Section 5309 is amended in the section heading 
by striking ``Discretionary'' and inserting ``Capital program''.
  (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 program''.
  (c) General Authority.--Section 5309(a) is amended--
          (1) by striking paragraph (1)(E) and inserting the following:
          ``(E) capital projects to modernize existing fixed guideway 
        systems;'';
          (2) by striking ``and'' at the end of paragraph (1)(F);
          (3) by striking the period at the end of paragraph (1)(G) and 
        inserting ``; and''; and
          (4) by inserting after paragraph (1)(G) the following:
          ``(H) capital projects to replace, rehabilitate, and purchase 
        buses and related equipment and to construct bus-related 
        facilities.''.
  (d) Consideration of Decreased Commuter Rail Transportation.--Section 
5309(c) is repealed.
  (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 of Transportation may 
        approve a grant or loan under this section for a capital 
        project for a new fixed guideway system or extension of an 
        existing fixed guideway system only if the Secretary 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;
                  ``(C) identify and consider existing mass 
                transportation supportive land use policies and future 
                land use patterns and the costs 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, current transit 
                ridership in the corridor, and cost per new rider;
                  ``(F) consider the technical capability of the grant 
                recipient to construct the project;
                  ``(G) adjust the project justification to reflect 
                differences in local land, construction, and operating 
                costs; and
                  ``(H) consider other factors the Secretary 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 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) Stability, reliability, and availability of 
                local financing.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                local financing for the project, 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.--No later than 120 days after the date of 
        the enactment of the Building Efficient Surface Transportation 
        and Equity Act of 1998, the Secretary shall issue regulations 
        on how the Secretary will evaluate and ratethe 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 either highly recommended, 
        recommended, or not recommended based on the results of 
        alternatives analysis, the project justification criteria, and 
        the degree of local financial commitment as required under this 
        subsection. 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 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 the enactment of this 
                subparagraph.''.
  (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''; and
          (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.''.
  (g) Allocating Amounts.--Section 5309(m) is amended to read as 
follows:
  ``(m) Allocating Amounts.--
          ``(1) In general.--Of the amounts made available by section 
        5338(b) 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 buy 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 by paragraph (1)(C), $3,000,000 
                shall be available in each of fiscal years 1998 through 
                2003 to carry out section 5318.
                  ``(C) Funding for bus technology pilot program.--Of 
                the funds made available by paragraph (1)(C), 10 
                percent shall be available in each of fiscal years 1998 
                through 2003 to carry out the bus technology pilot 
                program under subsection (o).
                  ``(D) Other than urbanized areas.--Of amounts made 
                available by paragraph (1)(C), not less than 5.5 
                percent shall be available in each fiscal year for 
                other than urbanized areas.
          ``(4) Eligibility for assistance for multiple projects.--A 
        person applying for, or receiving, assistance for a project 
        described in clause (A), (B), or (C) of paragraph (1) may 
        receive assistance for a project described in another of those 
        clauses.''.
  (h) Advance Construction.--Section 5309(n)(2) is amended by striking 
``in a way'' and inserting ``in a manner''.
  (i) Conforming Amendments.--
          (1) Relocation of subsection.--Section 5309 is amended--
                  (A) by striking subsection (f); and
                  (B) by redesignating subsections (g) through (o) as 
                subsections (f) through (n), respectively.
          (2) Cross references.--Chapter 53 is amended--
                  (A) in section 5319 by striking ``5309(h)'' and 
                inserting ``5309(g)'';
                  (B) in section 5328(a)(2) by striking ``5309(e)(1)-
                (6) of this title'' and inserting ``5309(e)''; and
                  (C) in section 5328(a)(4) by striking ``5309(m)(2) of 
                this title'' and inserting ``5309(o)(1)''.
          (3) References to full funding grant agreements.--Sections 
        5320 and 5328(a)(4) are each amended by striking ``full 
        financing'' each place it appears and inserting ``full 
        funding''. The subsection heading for section 5320(e) is 
        amended by striking ``Financing'' and inserting ``Funding''.
  (j) Bus Technology Pilot Program.--Section 5309 is further amended by 
adding at the end the following:
  ``(o) Bus Technology Pilot Program.--
          ``(1) Establishment.--The Secretary shall establish a pilot 
        program for the testing and deployment of new bus technology, 
        including clean fuel and alternative fuel technology.
          ``(2) Projects.--Under the pilot program, the Secretary shall 
        carry out projects for testing and deployment of new bus 
        technology, including clean fuel and alternative fuel 
        technology. The Secretary shall select projects for funding 
        under the pilot program that will employ a variety of 
        technologies and will be performed in a variety of geographic 
        areas of the country with populations under 50,000, between 
        50,000 and 200,000, and over 200,000.
          ``(3) Report.--Not later than April 30, 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 pilot program, including a 
        description of the projects carried out, the amounts obligated, 
        and the status of the test and deployment activities 
        undertaken.''.
  (k) Reports.--Section 5309 is further amended by adding at the end 
the following:
  ``(p) Reports.--
          ``(1) Funding levels and allocations of funds for fixed 
        guideway systems.--
                  ``(A) Annual report.--Not later than the first Monday 
                in February of each year, the Secretary shall submit to 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate a 
                report that includes a proposal on the allocation of 
                amounts to be made available to finance grants and 
                loans for capital projects for new fixed guideway 
                systems and extensions to existing fixed guideway 
                systems among applicants for those amounts.
                  ``(B) Recommendations on funding.--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 the enactment of this 
                Act 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.''.
  (l) Project Defined.--Section 5309 is further amended by adding at 
the end the following:
  ``(q) 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. 309. 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(m)(1)(C) or section 5309(p) (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, including an analysis of 
        the factors relevant to determining the dollar value of 
        mobility improvements.

SEC. 310. 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. 311. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.

  (a) Intercity Bus Transportation.--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. 312. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.

  (a) In General.--Section 5312 is amended--
          (1) in each of subsections (a) and (b) by striking the first 
        parenthetical phrase; and
          (2) by adding at the end the following:
  ``(d) Joint Partnerships for Deployment of Innovation.--
          ``(1) Consortium defined.--In this subsection, the term 
        `consortium' means one or more public or private organizations 
        located in the United States which provide mass transportation 
        service to the public and one or more businesses, including 
        small and medium sized businesses, incorporated in a State, 
        offering goods or services or willing to offer goods or 
        services to mass transportation operators. It may include as 
        additional members public or private research organizations 
        located in the United States, or State or local governmental 
        authorities.
          ``(2) Grants and agreements.--The Secretary may make grants 
        and enter into contracts, cooperative agreements, and other 
        agreements with consortia selected competitively from among 
        public and private partnerships to promote the early deployment 
        of innovation in mass transportation technology, services, 
        management, or operational practices. Any such grant, contract, 
        or agreement shall provide for the sharing of costs, risks, and 
        rewards of early deployment of innovation. Such grants, 
        contracts, and agreements shall be subject to such terms and 
        conditions as the Secretary prescribes.
          ``(3) Consultation requirement.--This subsection shall be 
        carried out in consultation with the transit industry.
          ``(4) Cost sharing.--Any consortium that receives a grant or 
        enters into a contract or agreement under this subsection shall 
        provide at least 50 percent of the cost of any joint 
        partnership project. Any business, organization, person, or 
        governmental body may contribute funds to such project.
          ``(5) Public notice.--The Secretary shall periodically give 
        public notice of--
                  ``(A) the technical areas for which joint 
                partnerships are solicited under this subsection;
                  ``(B) required qualifications of consortia desiring 
                to participate in such partnerships;
                  ``(C) the method of selection and evaluation criteria 
                to be used in selecting participating consortia and 
                projects under this subsection; and
                  ``(D) the process by which projects will be awarded 
                under this subsection.
          ``(6) Acceptance of revenues.--The Secretary may accept a 
        portion of the revenues resulting from sales of an innovation 
        supported under this subsection and deposit any revenues 
        accepted into a special account of the Treasury of the United 
        States to be established for purposes of carrying out this 
        subsection.
  ``(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. These 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 funds paid to the Secretary by any 
        cooperating organization or person and shall be deposited by 
        the Secretary in a special account in the Treasury of the 
        United States to be established for purposes of carrying out 
        this subsection. The funds shall be available for promotional 
        materials, travel, reception, and representation expenses 
        necessary to carry out the activities authorized by 
thissubsection. Reimbursement for services provided under this 
subsection shall be credited to the appropriation account concerned.''.
  (b) Mass Transportation Technology Development and Deployment.--
          (1) General authority.--The Secretary may make grants and 
        enter into contracts, cooperative agreements, and other 
        agreements with eligible consortia to promote the development 
        and early deployment of innovation in mass transportation 
        technology, services, management, or operational practices. The 
        Secretary shall coordinate activities under this section with 
        related activities under programs of other Federal departments 
        and agencies.
          (2) Eligibility criteria.--To be qualified to receive funding 
        under this section, an eligible consortium shall--
                  (A) be organized for the purpose of designing, 
                developing, and deploying advanced mass transportation 
                technologies that address identified technological 
                impediments in the mass transportation field;
                  (B) have an established mechanism for designing, 
                developing, and deploying advanced mass transportation 
                technologies as evidenced by participation in a Federal 
                program such as the consortia funded pursuant to Public 
                Law 102-396;
                  (C) facilitate the participation in the consortium of 
                small- and medium-sized businesses in conjunction with 
                large established manufacturers, as appropriate;
                  (D) be designed to use State and Federal funding to 
                attract private capital in the form of grants or 
                investments to further the purposes of this section; 
                and
                  (E) provide for the sharing of costs, risks, and 
                rewards of early deployment of innovation in mass 
                transportation technologies.
          (3) Grant requirements.--Grants, contracts, and agreements 
        under paragraph (1) shall be eligible under and consistent with 
        section 5312 of title 49, United States Code, and shall be 
        subject to such terms and conditions as the Secretary 
        prescribes.
          (4) Federal share of costs.--The Federal share of costs for a 
        grant, contract, or agreement with a consortium under this 
        subsection shall not exceed 50 percent of the net project cost.
          (5) Eligible consortium defined.--For purposes of this 
        section, the term ``eligible consortium'' means a consortium 
        of--
                  (A) businesses incorporated in the United States;
                  (B) public or private educational or research 
                organizations located in the United States;
                  (C) entities of State or local governments in the 
                United States;
                  (D) Federal laboratories; or
                  (E) existing consortia funded pursuant to Public Law 
                103-396.
          (6) Funding.--
                  (A) Set-aside of amounts made available under section 
                5338(d).--Of the funds made available by or 
                appropriated under section 5338(d) of title 49, United 
                States Code, for a fiscal year $5,000,000 shall be 
                available to carry out this subsection.
                  (B) Set-aside of amounts made available under section 
                5309(o).--Of the funds made available to carry out the 
                bus technology pilot program under section 5309(o) of 
                title 49, United States Code, for a fiscal year 
                $5,000,000 shall be available to carry out this 
                subsection.
  (c) Fuel Cell Bus and Bus Facilities Program.--Of the funds made 
available for a fiscal year to carry out the bus technology pilot 
program under section 5309(o) 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.
  (d) 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 for each of 
        fiscal years 1998 through 2003 by section 127(a)(3)(H) of this 
        Act, $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.
  (e) Intelligent Transportation Systems Applications.--
          (1) In general.--The Secretary shall make grants for the 
        study, design, and demonstration of fixed guideway technology 
        in North Orange-South Seminole County, Florida, and in 
        Galveston, Texas.
          (2) Funding.--Of the amounts made available pursuant to 
        section 5338(d) of title 49, United States Code, for fiscal 
        year 1999, $1,500,000 shall be available to carry out this 
        subsection. Of such sums, $750,000 shall be available for fixed 
        guideway activities in North Orange-South Seminole County, 
        Florida, and $750,000 shall be available for fixed guideway 
        activities in Galveston, Texas.

SEC. 313. NATIONAL PLANNING AND RESEARCH PROGRAMS.

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

SEC. 314. NATIONAL TRANSIT INSTITUTE.

  (a) In General.--Section 5315 is amended--
          (1) in the section heading by striking ``mass 
        transportation'' and inserting ``transit''; and
          (2) in subsection (a)--
                  (A) by striking ``mass transportation'' in the first 
                sentence and inserting ``transit'';
                  (B) by inserting ``and architectural design'' before 
                the semicolon at the end of paragraph (5);
                  (C) by striking ``carrying out'' in paragraph (7) and 
                inserting ``delivering'';
                  (D) by inserting ``, construction management, 
                insurance, and risk management'' before the semicolon 
                at the end of paragraph (11);
                  (E) by striking ``and'' at the end of paragraph (13);
                  (F) by striking the period at the end of paragraph 
                (14) and inserting ``; and''; and
                  (G) by adding at the end the following:
          ``(15) innovative finance.''.
  (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. 315. UNIVERSITY RESEARCH INSTITUTES.

  Section 5316, and the item relating to section 5316 in the table of 
sections for chapter 53, are repealed.

SEC. 316. TRANSPORTATION CENTERS.

  Section 5317, and the item relating to section 5317 in the table of 
sections for chapter 53, are repealed.

SEC. 317. 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. 318. 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. 319. 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) 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-relatedequipment 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 such Acts. The Secretary shall have 
discretion to determine, through practicable administrative procedures, 
the costs of such equipment attributable to compliance with such 
Acts.''.
  (c) 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 made under this subsection if the Secretary is 
        satisfied that the manufacturer or supplier submitted an 
        incorrect certification as a result of an inadvertent or 
        clerical error.''.
  (d) Participation of Governmental Agencies in Design and Delivery of 
Transportation Services.--Section 5323 is amended by redesignating 
subsections (k) and (l) as subsections (l) and (m) and 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 shall participate and coordinate 
with recipients of assistance under this chapter in the design and 
delivery of transportation services and shall be included in the 
planning for such services.''.
  (e) Submission of Certifications.--Section 5323 is further 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) Required Payments and Eligible Costs.--Section 5323 is further 
amended by adding at the end the following:
  ``(o) Required Payments and Eligible Costs of Projects That Enhance 
Economic Development or Incorporate Private Investment.--
          ``(1) Required payments.--Each grant or loan under this 
        chapter for a capital project described in section 
        5302(a)(1)(G) shall require that a person making an agreement 
        to occupy space in a facility funded under this chapter pay a 
        reasonable share of the costs of the facility through rental 
        payments and other means.
          ``(2) Eligible costs.--Eligible costs for a capital project 
        described in section 5302(a)(1)(G)--
                  ``(A) include property acquisition, demolition of 
                existing structures, site preparation, utilities, 
                building foundations, walkways, open space, and a 
                capital project for, and improving, equipment or a 
                facility for an intermodal transfer facility or 
                transportation mall; but
                  ``(B) do not include construction of a commercial 
                revenue producing facility or a part of a public 
                facility not related to mass transportation.''.

SEC. 320. 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.''.
  (b) Architectural, Engineering, and Design Contracts.--Section 
5325(b), as redesignated by subsection (a)(2), is amended--
          (1) by inserting ``or requirement'' after ``A contract''; and
          (2) by inserting before the last sentence the following: 
        ``When awarding such contracts, recipients of assistance under 
        this chapter shall maximize efficiencies of administration by 
        accepting nondisputed audits conducted by other government 
        agencies, as provided in subparagraphs (C) through (F) of 
        section 112(b)(2) of title 23.''.

SEC. 321. 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 
of the United States Government 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 
a grant under section 5307 of this title 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 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. 322. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

  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''.

SEC. 323. STUDY ON ALCOHOL AND CONTROLLED SUBSTANCES RANDOM TESTING 
                    RATE CALCULATION.

  (a) Study.--The Secretary shall conduct a study to determine how the 
alcohol and controlled substances random testing rate under section 
5331 of title 49, United States Code, should be calculated.
  (b) Considerations.--In conducting the study under this section, the 
Secretary shall consider--
          (1) the differences in random testing results among employers 
        subject to section 5331 of title 49, United States Code;
          (2) the differences in random testing results among employers 
        subject to such section in areas with populations of at least 
        200,000, in areas with populations less than 200,000, and in 
        other than urbanized areas;
          (3) the deterrent effect of random testing; and
          (4) the effect of random testing on public safety.
  (c) Report.--Not later than December 31, 1999, the Secretary shall 
transmit to Congress a report on the results of the study conducted 
under this section, together with any proposed changes to the 
calculation of the random alcohol and controlled substances testing 
rate.

SEC. 324. ADMINISTRATIVE PROCEDURES.

  (a) Training and Conference Costs.--Section 5334(a) is amended--
          (1) by striking ``and'' at the end of paragraph (8);
          (2) by striking the period at the end of paragraph (9) and 
        inserting ``; 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) Flexibility for Areas With Populations Under 200,000.--Section 
5334(i) is amended to read as follows:
  ``(i) Flexibility for Areas With Populations Under 200,000.--Not 
later than 180 days after the date of the enactment of the Building 
Efficient Surface Transportation and Equity Act of 1998, the Secretary 
shall seek public comment on ways to simplify and streamline the 
administration of the formula program for urbanized areas with 
populations of less than 200,000 and shall make, to the extent feasible 
and consistent with statutory requirements, every effort to ease any 
administrative burdens thereby identified.''.
  (c) 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''.

SEC. 325. 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 further amended--
          (1) by striking subsections (b) and (c); and
          (2) by redesignating subsection (d) as subsection (b).

SEC. 326. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.

  Section 5336 is amended--
          (1) in the section heading by striking ``block grants'' and 
        inserting ``formula grants''; and
          (2) by striking subsection (d) and inserting the following:
  ``(d) Limitation on Operating Assistance and Preventive 
Maintenance.--Of the funds apportioned under this section for urbanized 
areas, such sums as may be necessary shall be available for operating 
assistance for urbanized areas with populations under 200,000, except 
that the total amount of such funds made available for such operating 
assistance and for urbanized areas for preventive maintenance 
activities that become eligible for capital assistance under section 
5307 on the date of the enactment of the Building Efficient Surface 
Transportation and Equity Act of 1998 may not exceed $400,000,000 for 
any fiscal year.''.

SEC. 327. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY 
                    MODERNIZATION.

  (a) Distribution.--Section 5337(a) is amended to read as follows:
  ``(a) Distribution.--The Secretary of Transportation shall apportion 
amounts made available for fixed guideway modernization under section 
5309 for each of fiscal years 1998 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 $74,849,950 shall be apportioned as follows:
                  ``(A) $4,849,950 to the Alaska Railroad for 
                improvements to its passenger operations.
                  ``(B) Of the remaining $70,000,000--
                          ``(i) 50 percent in the urbanized areas 
                        listed in paragraph (1) as provided in section 
                        5336(b)(2)(A); and
                          ``(ii) 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 $140,000,000 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) of this 
                title if the areas contain fixed guideway systems 
                placed in revenue service at least 7 years before the 
                fiscal year in which amounts are made available and in 
                any 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 $100,000,000 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 further amended by adding at the end the following:
  ``(e) Route Segments To Be Included in Apportionment Formulas.--(1) 
Amounts apportioned under paragraphs (2)(B), (3), and (4) of subsection 
(a) shall have attributable to each urbanized area only the number of 
fixed guideway revenue miles of service and number of fixed guideway 
route miles for segments of fixed guideway systems used to determine 
apportionments for fiscal year 1997.
  ``(2) Amounts apportioned under paragraphs (5) through (7) of 
subsection (a) shall have attributable to each urbanized area only the 
number of fixed guideway revenue miles of service and number of fixed 
guideway route-miles for segments of fixed guideway systems placed in 
revenue service at least 7 years before the fiscal year in which 
amounts are made available.''.

SEC. 328. AUTHORIZATIONS.

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

``Sec. 5338. Authorizations

  ``(a) Formula Grants.--
          ``(1) 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--
                  ``(A) $2,697,600,000 for fiscal year 1998;
                  ``(B) $3,213,000,000 for fiscal year 1999; and
                  ``(C) $3,553,000,000 for each of fiscal years 2000 
                through 2003.
          ``(2) From the general fund.--In addition to amounts made 
        available under paragraph (1), there are authorized to be 
        appropriated to carry out sections 5307 and 5311--
                  ``(A) $290,000,000 for fiscal year 1998; and
                  ``(B) $68,000,000 for fiscal year 1999.
          ``(3) Allocation of funds.--Of the aggregate of amounts made 
        available by and appropriated under this subsection for a 
        fiscal year--
                  ``(A) 2.4 percent shall be available to provide 
                transportation services to elderly individuals and 
                individuals with disabilities under section 5310;
                  ``(B) 5.37 percent shall be available to provide 
                financial assistance for other than urbanized areas 
                under section 5311; and
                  ``(C) 92.23 percent shall be available to provide 
                financial assistance for urbanized areas under section 
                5307.
  ``(b) Capital Program Grants and Loans.--There shall be available 
from the Mass Transit Account of the Highway Trust Fund to carry out 
section 5309:
          ``(1) $2,197,000,000 for fiscal year 1998.
          ``(2) $2,412,000,000 for fiscal year 1999.
          ``(3) $2,613,000,000 for each of fiscal years 2000 through 
        2003.
  ``(c) Planning.--
          ``(1) 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) $54,000,000 for each of 
        fiscal years 2000 through 2003.
          ``(2) From the general fund.--There are authorized to be 
        appropriated to carry out sections 5303, 5304, 5305, and 
        5313(b)--
                  ``(A) $48,000,000 for fiscal year 1998; and
                  ``(B) $52,000,000 for fiscal year 1999.
          ``(3) Allocation of funds.--Of the funds made available by or 
        appropriated under this subsection for a fiscal year--
                  ``(A) 82.72 percent shall be available for 
                metropolitan planning under sections 5303, 5304, and 
                5305; and
                  ``(B) 17.28 percent shall be available for State 
                planning under section 5313(b).
  ``(d) Research.--
          ``(1) 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 
        $38,000,000 for each of fiscal years 2000 through 2003.
          ``(2) From the general fund.--There are authorized to be 
        appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 
        5314, 5315, and 5322 $38,000,000 for each of fiscal years 1998 
        and 1999.
          ``(3) Allocation of funds.--Of the funds made available by or 
        appropriated under this subsection for a fiscal year--
                  ``(A) not less than $5,250,000 shall be available for 
                providing rural transportation assistance under section 
                5311(b)(2);
                  ``(B) not less than $8,250,000 shall be available for 
                carrying out transit cooperative research programs 
                under section 5313(a);
                  ``(C) not less than $3,000,000 shall be available to 
                carry out programs under the National Transit Institute 
                under section 5315; and
                  ``(D) 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) From the trust fund.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry out 
        section 5505 $6,000,000 for each of fiscal years 2000 through 
        2003.
          ``(2) From the general fund.--There is authorized to be 
        appropriated to carry out section 5505 $6,000,000 per fiscal 
        year for fiscal years 1998 and 1999.
  ``(f) Administration.--
          ``(1) From the trust fund.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund for 
        administrative expenses to carry out section 5334 $52,000,000 
        for each of fiscal years 2000 through 2003.
          ``(2) From the general fund.--There is authorized to be 
        appropriated for administrative expenses to carry out section 
        5334--
                  ``(A) $46,000,000 for fiscal year 1998; and
                  ``(B) $50,000,000 for fiscal year 1999.
  ``(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), (b), (c)(1), 
        (d)(1), (e)(1), or (f)(1) 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 available under subsection (a)(2), (c)(2), (d)(2), 
        (e)(2), or (f)(2) is a contractual obligation of the Government 
        to pay the Government's share of the cost of the project only 
        to the extent amounts are provided in advance in an 
        appropriations law.
  ``(h) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (e) 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 ``5338(g)(1)'' and inserting ``5338(c)(3)(A)''.
          (2) In section 5303(h)(1) by striking ``-5306'' and inserting 
        ``and 5305''.
          (3) In section 5303(h)(4) by striking ``5338(g)'' and 
        inserting ``5338(c)(3)(A)''.
          (4) In section 5309(f)(4), as redesignated by section 
        308(i)(1)(B) of this Act, by striking ``5338(a)'' and inserting 
        ``5338(b)''.
          (5) In section 5310(b) by striking ``5338(a)'' and inserting 
        ``5338(a)(3)(A)''.
          (6) In section 5311(c) by striking ``5338(a)'' and inserting 
        ``5338(a)(3)(B)''.
          (7) In section 5313(a)(1) by striking ``section 5338(g)(3)'' 
        and inserting ``sections 5338(d)(3)(B) and 5338(d)(3)(D)''.
          (8) In section 5313(b)(1) by striking ``5338(g)(3)'' and 
        inserting ``5338(c)(3)(B)''.
          (9) In section 5314(a)(1) by striking ``5338(g)(4)'' and 
        inserting ``5338(d)(3)(D)''.
          (10) In section 5318(d) by striking ``5338(j)(5)'' and 
        inserting ``5309(m)(3)(B)''.
          (11) In section 5333(b) by striking ``5338(j)(5)'' each place 
        it appears and inserting ``5338(b)''.
          (12) In section 5336(a) by striking ``5338(f)'' and inserting 
        ``5338(a)(3)(C)''.
          (13) In section 5336(e)(1) by striking ``5338(f)'' and 
        inserting ``5338(a)(3)(C)''.

SEC. 329. OBLIGATION CEILING.

  (a) Capital Program Grants and Loans.--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 
section 5338(b) of title 49, United States Code, shall not exceed--
          (1) $2,000,000,000 in fiscal year 1998;
          (2) $2,412,000,000 in fiscal year 1999; and
          (3) $2,613,000,000 in each of fiscal years 2000 through 2003.
  (b) Formula Grants, Planning, Research, Administration, and 
Studies.--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 subsections (a), (c), (d), (e), and (f) of 
section 5338 of title 49, United States Code, and sections 331 and 332 
of this Act shall not exceed--
          (1) $2,260,000,000 in fiscal year 1998;
          (2) $3,213,000,000 in fiscal year 1999; and
          (3) $3,703,000,000 in each of fiscal years 2000 through 2003.

SEC. 330. ACCESS TO JOBS CHALLENGE GRANT PILOT PROGRAM.

  (a) General Authority.--The Secretary may make grants under this 
section to assist States, local governmental authorities, and nonprofit 
organizations in financing transportation services designed to 
transport welfare recipients to and from jobs and activities related to 
their employment. The Secretary shall coordinate activities under this 
section with related activities under programs of other Federal 
departments and agencies.
  (b) Grant Criteria.--In selecting applicants for grants under this 
section, the Secretary shall consider the following:
          (1) The percentage of the population in the area to be served 
        that are welfare recipients.
          (2) The need for additional services (including bicycling) to 
        transport welfare recipients to and from specified jobs, 
        training, and other employment support services, and the extent 
        to which the proposed services will address those needs.
          (3) The extent to which the applicant demonstrates 
        coordination with, and the financial commitment of, existing 
        transportation service providers and the extent to which the 
        applicant demonstrates coordination with the State agency or 
        department 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 existing 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 presents a 
        comprehensive approach to addressing the needs of welfare 
        recipients and identifies long-term financing strategies to 
        support the services under this section.
  (c) Eligible Projects.--The Secretary may make grants under this 
section for--
          (1) capital projects and to finance operating costs of 
        equipment, facilities, and associated capital maintenance items 
        related to providing access to jobs under this section;
          (2) promoting the use of transit by workers with 
        nontraditional work schedules;
          (3) promoting the use by appropriate agencies of transit 
        vouchers for welfare recipients under specific terms and 
        conditions developed by the Secretary; and
          (4) promoting the use of employer-provided transportation 
        including the transit pass benefit program under subsections 
        (a) and (f) of section 132 of the Internal Revenue Code of 
        1986.
No planning or coordination activities are eligible for assistance 
under this section.
  (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. The Secretary shall 
select not more than 10 demonstration projects for the pilot program, 
including 6 projects from urbanized areas with populations of at least 
200,000, 2 projects from urbanized areas with populations less than 
200,000, and 2 projects from other than urbanized areas.
  (e) Federal Share of Costs.--The Federal share of costs under this 
section shall be provided from funds appropriated to carry out this 
section. The Federal share of the costs for a project under this 
section shall not exceed 50 percent of the net project cost. The 
remainder shall be provided in cash from sources other than revenues 
from providing mass transportation. Funds appropriated to a Federal 
department or agency (other than the Department of Transportation) and 
eligible to be used for transportation may be used toward the 
nongovernment share payable on a project under this section.
  (f) Planning Requirements.--The requirements of sections 5303 through 
5306 of title 49, United States Code, apply to grants made under this 
section. Applications must reflect coordination with and the approval 
of affected transit grant recipients and the projects financed must be 
part of a coordinated public transit-human services transportation 
planning process.
  (g) Grant Requirements.--A grant under this section shall be subject 
to all of the terms and conditions of grants made under section 5307 of 
title 49, United States Code, and such terms and conditions as 
determined by the Secretary.
  (h) Program Evaluation.--
          (1) Comptroller general.--Six months after the date of the 
        enactment of this Act and each 6 months thereafter, the 
        Comptroller General shall conduct a study to evaluate the 
        access to jobs program conducted under this section and 
        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 the results of the 
        study.
          (2) Department of transportation.--The Secretary shall 
        conduct a study to evaluate the access to jobs program 
        conducted under this section and 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 the results of the study within 2 
        years of the date of the enactment of this Act.
  (i) Definitions.--In this section, the following definitions apply:
          (1) Capital project and urbanized area.--The terms ``capital 
        project'' and ``urbanized area'' have the meaning such terms 
        have under section 5302 of title 49, United States Code.
          (2) 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.
          (3) 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) 
        at any time during the 3-year period ending on the date the 
        applicant applies for a grant under this section.
  (j) Funding.--There is authorized to be appropriated to carry out 
this section $42,000,000 per fiscal year for fiscal years 1998 through 
2003. Such sums shall remain available until expended.

SEC. 331. 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 this Act 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).

SEC. 332. 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 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) Las Vegas Corridor.
          (35) Little Rock--River Rail.
          (36) Los Angeles--Metrolink San Bernadino Line.
          (37) Los Angeles--MOS-3.
          (38) Los Angeles--Metrolink (Union Station-Fullerton).
          (39) Louisville--Jefferson County Corridor.
          (40) MARC--Commuter Rail Improvements.
          (41) Maryland Light Rail Double Track.
          (42) Memphis--Medical Center Extension.
          (43) Miami--East-West Corridor.
          (44) Miami--North 27th Avenue Corridor.
          (45) Miami--South Busway Extension.
          (46) Milwaukee--East-West Corridor.
          (47) Monterey County Commuter Rail.
          (48) Nashua, NH--Lowell, MA Commuter Rail.
          (49) Nashville--Commuter Rail.
          (50) New Orleans--Canal Streetcar.
          (51) New York--8th Avenue Subway Connector.
          (52) New York--Brooklyn--Staten Island Ferry.
          (53) New York--Long Island Railroad East Side Access.
          (54) New York--Staten Island Ferry--Whitehall Intermodal 
        Terminal.
          (55) New York Susquehanna and Western Commuter Rail.
          (56) New Jersey Urban Core.
          (57) Norfolk--Virginia Beach Corridor.
          (58) Oklahoma City--MAPS Link.
          (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 Commuter Rail (Northtown Hub, 
        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.
  (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) Albuquerque--High Capacity Corridor.
          (2) Atlanta--Georgia 400 Multimodal Corridor.
          (3) Atlanta--MARTA Extension (S. DeKalb-Lindbergh).
          (4) Atlanta--MARTA I-285 Transit Corridor.
          (5) Atlanta--MARTA Marietta-Lawrenceville Corridor.
          (6) Atlanta--MARTA South DeKalb Comprehensive Transit 
        Program.
          (7) Baltimore--Metropolitan Rail Corridor.
          (8) Baltimore--People Mover.
          (9) Bergen County Cross--County Light Rail.
          (10) Birmingham Transit Corridor.
          (11) Boston--Urban Ring.
          (12) Charleston--Monobeam.
          (13) Chicago--Cominsky Park Station.
          (14) Chicago--Inner Circumferential Commuter Rail.
          (15) Cumberland/Dauphin County Corridor 1 Commuter Rail.
          (16) Dallas--DART LRT Extensions.
          (17) Dallas--Las Colinas Corridor.
          (18) Dayton--Regional Riverfront Corridor.
          (19) El Paso--International Fixed Guideway (El Paso-Juarez).
          (20) Fremont--South Bay Corridor.
          (21) Georgetown Branch (Bethesda-Silver Spring).
          (22) Houston--Advanced Transit Program.
          (23) Jacksonville--Fixed Guideway Corridor.
          (24) Kenosha-Racine--Milwaukee Rail Extension.
          (25) Knoxville--Electric Transit.
          (26) Lorain--Cleveland Commuter Rail.
          (27) Los Angeles--MOS-4 East Side Extension (II).
          (28) Los Angeles--MOS-4 San Fernando Valley East-West.
          (29) Los Angeles--LOSSAN (Del Mar-San Diego).
          (30) Maine High Speed Ferry Service.
          (31) Maryland Route 5 Corridor.
          (32) Memphis--Regional Rail Plan.
          (33) Miami--Kendall Corridor.
          (34) Miami--Northeast Corridor.
          (35) Miami--Palmetto Metrorail.
          (36) New Jersey Trans-Hudson Midtown Corridor.
          (37) New Orleans--Airport--CBD Commuter Rail.
          (38) New Orleans--Desire Streetcar.
          (39) New York--Astoria--East Elmhurst Extension.
          (40) New York--Broadway--Lafayette & Bleecker St Transfer.
          (41) New York--Brooklyn--Manhattan Access.
          (42) New York--Lower Manhattan Access.
          (43) New York--Manhattan East Side Link.
          (44) New York--Midtown West Intermodal Terminal.
          (45) New York--Nassau Hub.
          (46) New York--North Shore Railroad.
          (47) New York--Queens West Light Rail Link.
          (48) New York--St. George's Ferry Intermodal Terminal.
          (49) Newburgh--LRT System.
          (50) North Front Range Corridor.
          (51) Northeast Indianapolis Corridor.
          (52) Oakland Airport--BART Connector.
          (53) Philadelphia--Broad Street Line Extension.
          (54) Philadelphia--Cross County Metro.
          (55) Philadelphia--Lower Marion Township.
          (56) Pinellas County--Mobility Initiative Project.
          (57) Pittsburgh--Stage II Light Rail Reconstruction.
          (58) Redlands--San Bernardino Transportation Corridor.
          (59) Riverside--Perris rail passenger service.
          (60) Salt Lake City--Draper Light Rail Extension.
          (61) Salt Lake City--West Jordan Light Rail Extension.
          (62) San Francisco--CalTrain Extension to Hollister.
          (63) Scranton--Laurel Line Intermodal Corridor.
          (64) SEATAC--Personal Rapid Transit.
          (65) Toledo--CBD to Zoo.
          (66) Union Township Station (Raritan Valley Line).
          (67) Washington County Corridor (Hastings-St. Paul).
          (68) Washington, D.C.--Georgetown-Ft. Lincoln.
          (69) Williamsburg--Newport News-Hampton LRT.
          (71) Northeast Ohio--commuter rail.
  (c) Effect of Authorization.--
          (1) In general.--Projects authorized by subsection (a) for 
        final design and construction are also authorized for 
        alternatives analysis and preliminary engineering.
          (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 authorization.--Notwithstanding any 
        other provision of law, the Huntington, West Virginia 
        Intermodal Facility project is eligible for funding under 
        section 5309(m)(1)(C) of title 49, United States Code.
  (d) 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.--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 such Act 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 such Act 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 the 
                following: ``(including a connection from the Vince 
                Lombardi Station to Saddlebrook), 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,''.

SEC. 333. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.

  Of the amounts made available to carry out section 5309(m)(1)(C) 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 transit                               
              system improvements.............        0.842        0.842
  5........  Altoona, PA Metro Transit                                  
              Authority Logan Valley Mall                               
              Suburban Transfer Center........        0.080        0.000
  6........  Altoona, PA Metro Transit                                  
              Authority Transit Center                                  
              improvements....................        0.424        0.000
  7........  Arkansas Highway and Transit                               
              Department buses................        0.200        0.000
  8........  Armstrong County-Mid County, PA                            
              bus facilities and buses........        0.150        0.150
  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                          
              Transportation Authority buses..        1.000        0.000
 15........  Brookhaven Town, NY elderly and                            
              disabled buses and vans.........        0.225        0.000
 16........  Brooklyn-Staten Island, NY                                 
              Mobility Enhancement buses......        0.800        0.000
 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 buses.................        1.250        1.250
 22........  Chambersburg, PA Transit                                   
              Authority buses.................        0.300        0.000
 23........  Chambersburg, PA Transit                                   
              Authority Intermodal Center.....        1.000        0.000
 24........  Chatham, GA Downtown Transfer                              
              Center, Multimodal Circulator                             
              and Southside Transit Center....        1.250        1.250
 25........  Chester County, PA Paoli                                   
              Transportation Center...........        1.000        1.000
 26........  Clark County, NV Regional                                  
              Transportation Commission buses.        1.250        1.250
 27........  Cleveland, OH Triskett Garage bus                          
              maintenance facility............        0.625        0.625
 28........  Crawford Area, PA Transportation                           
              buses...........................        0.500        0.000
 29........  Culver City, CA CityBus buses....        1.250        1.250
 30........  Davis, CA Unitrans transit                                 
              maintenance facility............        0.625        0.625
 31........  Dayton, OH Multimodal                                      
              Transportation Center...........        0.625        0.625
 32........  Daytona, FL Intermodal Center....        2.500        2.500
 33........  Duluth, MN Transit Authority                               
              community circulation vehicles..        1.000        1.000
 34........  Duluth, MN Transit Authority                               
              intelligent transportation                                
              systems.........................        0.500        0.500
 35........  Duluth, MN Transit Authority                               
              Transit Hub.....................        0.500        0.500
 36........  Dutchess County, NY Loop System                            
              buses...........................        0.521        0.521
 37........  East Hampton, NY elderly and                               
              disabled buses and vans.........        0.100        0.000
 38........  Erie, PA Metropolitan Transit                              
              Authority buses.................        1.000        1.000
 39........  Everett, WA Multimodal                                     
              Transportation Center...........        1.950        1.950
 40........  Fayette County, PA Intermodal                              
              Facilities and buses............        1.270        1.270
 41........  Fayetteville, AR University of                             
              Arkansas Transit System buses...        0.500        0.000
 42........  Fort Dodge, IA Intermodal                                  
              Facility (Phase II).............        0.885        0.885
 43........  Gary, IN Transit Consortium buses        1.250        1.250
 44........  Grant County, WA buses and vans..        0.600        0.000
 45........  Greensboro, NC Multimodal Center.        3.340        3.339
 46........  Greensboro, NC Transit Authority                           
              buses...........................        1.500        1.500
 47........  Greensboro, NC Transit Authority                           
              small buses and vans............        0.321        0.000
 48........  Hartford, CT Transportation                                
              Access Project..................        0.800        0.000
 49........  Healdsburg, CA Intermodal                                  
              Facility........................        1.000        1.000
 50........  Honolulu, HI bus facility and                              
              buses...........................        2.250        2.250
 51........  Hot Springs, AR Transportation                             
              Depot and Plaza.................        0.560        0.560
 52........  Humboldt, CA Intermodal Facility.        1.000        0.000
 53........  Huntington, WV Intermodal                                  
              Facility........................        8.000       12.000
 54........  Illinois statewide buses and bus-                          
              related equipment...............        6.800        8.200
 55........  Indianapolis, IN buses...........        5.000        5.000
 56........  Iowa/Illinois Transit Consortium                           
              bus safety and security.........        1.000        1.000
 57........  Ithaca, NY TCAT bus technology                             
              improvements....................        1.250        1.250
 58........  Lackawanna County, PA Transit                              
              System buses....................        0.600        0.600
 59........  Lakeland, FL Citrus Connection                             
              transit vehicles and related                              
              equipment.......................        1.250        1.250
 60........  Lane County, OR Bus Rapid Transit        4.400        4.400
 61........  Lansing, MI CATA bus technology                            
              improvements....................        0.600        0.000
 62........  Little Rock, AR Central Arkansas                           
              Transit buses...................        0.300        0.000
 63........  Livermore, CA automatic vehicle                            
              locator.........................        1.000        1.000
 64........  Long Island, NY CNG transit                                
              vehicles and facilities.........        1.250        1.250
 65........  Los Angeles County, CA Foothill                            
              Transit buses...................        1.625        1.625
 66........  Los Angeles County, CA MTOC buses        1.000        1.000
 67........  Los Angeles, CA San Fernando                               
              Valley smart shuttle buses......        0.300        0.000
 68........  Los Angeles, CA Union Station                              
              Gateway Intermodal Transit                                
              Center..........................        1.250        1.250
 69........  Louisiana statewide bus                                    
              facilities and buses............        8.000       12.000
 70........  Maryland statewide bus facilities                          
              and buses.......................        7.000       11.500
 71........  Mercer County, PA buses..........        0.750        0.000
 72........  Miami Beach, FL Electric Shuttle                           
              Service.........................        0.750        0.750
 73........  Miami-Dade, FL buses.............        1.750        1.750
 74........  Michigan statewide buses.........       10.000       13.500
 75........  Milwaukee County, WI buses.......        4.000        6.000
 76........  Mineola/Hicksville, NY LIRR                                
              Intermodal Centers..............        1.250        1.250
 77........  Mobile, AL GM&O Intermodal                                 
              Facility........................        0.750        0.000
 78........  Modesto, CA bus maintenance                                
              facility........................        0.625        0.625
 79........  Monroe County, PA Transportation                           
              Authority buses.................        1.000        0.000
 80........  Monterey, CA Monterey-Salinas                              
              buses...........................        0.625        0.625
 81........  Morango Basin, CA Transit                                  
              Authority bus facility..........        0.650        0.000
 82........  New Haven, CT bus facility.......        2.250        2.250
 83........  New Jersey Transit jitney shuttle                          
              buses...........................        1.750        1.750
 84........  Newark, NJ Morris & Essex Station                          
              access and buses................        1.250        1.250
 85........  Northstar Corridor, MN Intermodal                          
              Facilities and buses............        6.000       10.000
 86........  Norwalk, CA transit facility.....        0.500        0.500
 87........  Norwich, CT buses................        2.250        2.250
 88........  Ogden, UT Intermodal Center......        0.800        0.800
 89........  Oklahoma statewide bus facilities                          
              and buses.......................        5.000        5.000
 90........  Orlando, FL Downtown Intermodal                            
              Facility........................        2.500        2.500
 91........  Palm Springs, CA fuel cell buses.        1.000        1.000
 92........  Perris, CA bus maintenance                                 
              facility........................        1.250        1.250
 93........  Philadelphia, PA Frankford                                 
              Transportation Center...........        5.000        5.000
 94........  Philadelphia, PA Intermodal 30th                           
              Street Station..................        1.250        1.250
 95........  Portland, OR Tri-Met buses.......        1.750        1.750
 96........  Pritchard, AL bus transfer                                 
              facility........................        0.500        0.000
 97........  Reading, PA BARTA Intermodal                               
              Transportation Facility.........        1.750        1.750
 98........  Red Rose, PA Transit Bus Terminal        1.000        0.000
 99........  Richmond, VA GRTC bus maintenance                          
              facility........................        1.250        1.250
100........  Riverhead, NY elderly and                                  
              disabled buses and vans.........        0.125        0.000
101........  Robinson, PA Towne Center                                  
              Intermodal Facility.............        1.500        1.500
102........  Rome, NY Intermodal Center.......        0.400        0.000
103........  Sacramento, CA CNG buses.........        1.000        0.000
104........  San Francisco, CA Islais Creek                             
              Maintenance Facility............        1.250        1.250
105........  San Juan, Puerto Rico Intermodal                           
              access..........................        0.600        0.600
106........  Santa Clarita, CA facilities and                           
              buses...........................        1.250        1.250
107........  Santa Cruz, CA bus facility......        0.625        0.625
108........  Santa Rosa/Cotati, CA Intermodal                           
              Transportation Facilities.......        0.750        0.750
109........  Seattle, WA Intermodal                                     
              Transportation Terminal.........        1.250        1.250
110........  Shelter Island, NY elderly and                             
              disabled buses and vans.........        0.100        0.000
111........  Smithtown, NY elderly and                                  
              disabled buses and vans.........        0.125        0.000
112........  Somerset County, PA bus                                    
              facilities and buses............        0.175        0.175
113........  South Amboy, NJ Regional                                   
              Intermodal Transportation                                 
              Initiative......................        1.250        1.250
114........  South Bend, IN Urban Intermodal                            
              Transportation Facility.........        1.250        1.250
115........  South Carolina statewide Virtual                           
              Transit Enterprise..............        1.220        1.220
116........  South Dakota statewide bus                                 
              facilities and buses............        1.500        1.500
117........  Southampton, NY elderly and                                
              disabled buses and vans.........        0.125        0.000
118........  Southold, NY elderly and disabled                          
              buses and vans..................        0.100        0.000
119........  Springfield, MA Union Station....        1.250        1.250
120........  St. Louis, MO Bi-state Intermodal                          
              Center..........................        1.250        1.250
121........  Stapleton, CO Intermodal Center..        1.250        1.250
122........  Suffolk County, NY elderly and                             
              disabled buses and vans.........        0.100        0.000
123........  Texas statewide small urban and                            
              rural buses.....................        4.000        4.500
124........  Towamencin Township, PA                                    
              Intermodal Bus Transportation                             
              Center..........................        1.500        1.500
125........  Tuscaloosa, AL Intermodal Center.        1.000        0.000
126........  Tucson, AZ Intermodal Center.....        1.250        1.250
127........  Ukiah, CA Transportation Center..        0.500        0.000
128........  Utah Transit Authority, UT                                 
              Intermodal Facilities...........        1.500        1.500
129........  Utah Transit Authority/Park City                           
              Transit, UT buses...............        6.500        6.500
130........  Utica, NY Union Station..........        2.100        2.100
131........  Utica and Rome, NY bus facilities                          
              and buses.......................        0.500        0.000
132........  Washington County, PA Intermodal                           
              Facilities......................        0.630        0.630
133........  Washington, D.C. Intermodal                                
              Transportation Center...........        2.500        2.500
134........  Washoe County, NV transit                                  
              improvements....................        1.250        1.250
135........  Waterbury, CT bus facility.......        2.250        2.250
136........  West Virginia statewide                                    
              Intermodal Facility and buses...        5.000        5.000
137........  Westchester County, NY Bee-Line                            
              transit system fareboxes........        0.979        0.979
138........  Westchester County, NY Bee-Line                            
              transit system shuttle buses....        1.000        1.000
139........  Westchester County, NY DOT                                 
              articulated buses...............        1.250        1.250
140........  Westmoreland County, PA                                    
              Intermodal Facility.............        0.200        0.200
141........  Wilkes-Barre, PA Intermodal                                
              Facility........................        1.250        1.250
142........  Williamsport, PA buses...........        1.200        1.200
143........  Windsor, CA Intermodal Facility..        0.750        0.750
144........  Wisconsin statewide bus                                    
              facilities and buses............        8.000       12.000
145........  Woodland Hills, CA Warner Center                           
              Transportation Hub..............        0.325        0.625
146........  Worcester, MA Union Station                                
              Intermodal Transportation Center        2.500        2.500
147........  Lynchburg, VA buses..............        0.200        0.000
148........  Harrisonburg, VA buses...........        0.200        0.000
149........  Roanoke, VA buses................        0.200        0.000
------------------------------------------------------------------------

SEC. 334. PROJECT MANAGEMENT OVERSIGHT.

  (a) Study.--The Comptroller General shall conduct a study of the 
Secretary of Transportation's implementation of project management 
oversight under section 5327 of title 49, United States Code.
  (b) Contents.--The study shall include the following:
          (1) A listing of the amounts made available under section 
        5327(c)(1) of title 49, United States Code, for project 
        management oversight in each of fiscal years 1992 through 1997 
        and a description of the activities funded using such amounts.
          (2) A description of the major capital projects subject to 
        project management oversight, including the grant amounts for 
        such projects.
          (3) A description of the contracts entered into for project 
        management oversight, including the scope of work and dollar 
        amounts of such contracts.
          (4) A determination of whether the project management 
        oversight activities conducted by the Secretary are authorized 
        under section 5327.
          (5) A description of any cost savings or program improvements 
        resulting from project management oversight.
          (6) Recommendations regarding any changes that would improve 
        the project management oversight function.
  (c) Report.--Not later than 12 months after the date of the 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.

SEC. 335. PRIVATIZATION.

  (a) Study.--Not later than 3 months after the date of the 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 privatization or contracting out mass 
transportation operation and administrative functionson 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 
        privatized or contracted out services, the size of the 
        population served by such grant recipients, the basis for 
        decisions regarding privatization or 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 $200,000 for fiscal 
year 1998, subject to the obligation limitation set forth in section 
329(b).
  (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. 336. SCHOOL TRANSPORTATION SAFETY.

  (a) Study.--Not later than 3 months after the date of the 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 safety issues attendant to transportation of 
school children to and from school and school-related activities by 
various transportation modes.
  (b) Terms of Agreement.--The agreement entered into in subsection (a) 
shall provide that--
          (1) the Transportation Research Board, in conducting the 
        study, consider--
                  (A) in consultation with the National Transportation 
                Safety Board, the Bureau of Transportation Statistics, 
                and other relevant entities, available crash injury 
                data, and if unavailable or insufficient, recommend a 
                new data collection regimen and implementation 
                guidelines; and
                  (B) vehicle design and driver training requirements, 
                routing, and operational factors that affect safety and 
                other factors that the Secretary considers appropriate; 
                and
          (2) the panel conducting the study shall include 
        representatives of highway safety organizations, school 
        transportation, mass transportation operators, employee 
        organizations, bicycling organizations, academic and policy 
        analysts, and other interested parties.
  (c) Report.--Not later than 12 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 $200,000 for fiscal 
year 1998, subject to the obligation limitation set forth in section 
329(b).
  (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. 337. URBANIZED AREA FORMULA STUDY.

  (a) Study.--The Secretary shall conduct a study to determine whether 
the current formula for apportioning funds to urbanized areas 
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. 338. 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 the 
        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 the 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. 339. FINAL ASSEMBLY OF BUSES.

  (a) Study.--The Comptroller General shall conduct a study to review 
monitoring by the Federal Transit Administration of preaward and post-
delivery audits for compliance with the requirements for final assembly 
of buses of section 5323(j) of title 49, United States Code.
  (b) Report.--Not later than 6 months after the date of the 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.

                     TITLE IV--MOTOR CARRIER SAFETY

SEC. 401. 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. 402. STATE GRANTS.

  (a) Objective and Definitions.--Section 31101 is amended--
          (1) by striking

``Sec. 31101. Definitions''

and inserting the following:

``Sec. 31101. Objective and definitions'';

          (2) 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'';
          (3) in paragraph (1)(C) by inserting ``and transported in a 
        quantity requiring placarding under regulations prescribed by 
        the Secretary under section 5103'' after ``title'';
          (4) by striking ``In this subchapter--'' and inserting the 
        following:
  ``(b) Definitions.--In this subchapter the following definitions 
apply:''; and
          (5) by inserting after the section heading the following:
  ``(a) Objective.--The objective of this subchapter is to ensure that 
the Secretary, States, and other political jurisdictions establish 
programs to improve motor carrier, commercial motor vehicle, and driver 
safety to support a safe and efficient transportation system by--
          ``(1) promoting safe for-hire and private transportation, 
        including transportation of passengers and hazardous materials, 
        to reduce the number and severity of commercial motor vehicle 
        crashes;
          ``(2) developing and enforcing effective, compatible, and 
        cost-beneficial motor carrier, commercial motor vehicle, and 
        driver safety regulations and practices, including 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 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
          ``(5) advancing promising technologies and encouraging 
        adoption of safe operational practices.''.
  (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 material 
                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 material 
                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), (M), and (N) and 
        inserting the following:
          ``(K) ensures consistent, effective, and reasonable 
        sanctions;
          ``(L) ensures that the State agency will coordinate the plan, 
        data collection, and information systems with State highway 
        safety programs under title 23;
          ``(M) ensures participation in motor carrier, commercial 
        motor vehicle, and driver information systems by all 
        appropriate jurisdictions receiving funding under this section;
          ``(N) implements performance-based activities by fiscal year 
        2003;'';
          (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''; and
                  (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) by striking the period at the end of subparagraph (Q) and 
        inserting ``; and''; and
          (6) by adding at the end the following:
          ``(R) ensures that roadside inspections will be conducted 
        only at a distance that is adequate to protect the safety of 
        drivers and enforcement personnel.''.
  (d) United States Government's Share of Costs.--The first sentence of 
section 31103 is amended by inserting ``improve commercial motor 
vehicle safety and'' before ``enforce''.
  (e) Availability of Amounts.--Section 31104(a) of such title 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 $78,000,000 for fiscal year 1998.
          ``(2) Not more than $110,000,000 for fiscal year 1999.
          ``(3) Not more than $130,000,000 for each of fiscal years 
        2000 through 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 activities and projects.--The Secretary 
        may designate up to 5 percent of amounts available for 
        allocation under paragraph (1) to reimburse--
                  ``(A) States 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; and
                  ``(B) local governments and other persons that use 
                trained and qualified officers and employees, for 
                carrying out activities and projects described in 
                subparagraph (A) in coordination with State motor 
                vehicle safety agencies.'';
          (2) by redesignating subsection (h) as subsection (g);
          (3) by striking subsection (i);
          (4) by redesignating subsection (j) as subsection (h); and
          (5) in the first sentence of subsection (h), as so 
        redesignated, by striking ``tolerance''.
  (h) Conforming Amendment.--The table of sections for chapter 311 is 
amended by striking the item relating to section 31101 and inserting 
the following:

``31101. Objective and definitions.''.

SEC. 403. 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 activities required 
        under this title.
          ``(2) Coordination into network.--In cooperation with the 
        States, the information systems under this section shall be 
        coordinated into a network providing 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, 
                commercial motor vehicles, and drivers;
                  ``(C) develop strategies to mitigate safety problems 
                and to measure the effectiveness of such strategies and 
                related programs;
                  ``(D) determine the cost-effectiveness of Federal and 
                State safety 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 
        may prescribe technical and operational standards to ensure--
                  ``(A) uniform, timely, and accurate information 
                collection and reporting by the States and other 
                entities;
                  ``(B) uniform Federal, State, and local policies and 
                procedures; and
                  ``(C) the reliability and availability of the 
                information to the Secretary, States, and others as the 
                Secretary determines appropriate.
  ``(b) Performance and Registration Information Program.--
          ``(1) Information clearinghouse.--The Secretary shall 
        include, as part of the information systems 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 and the motor carriers 
        operating the vehicles. The clearinghouse and repository shall 
        include information on the safety fitness of each motor carrier 
        and registrant 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 safety 
        information systems with State 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 motor 
                carrier or commercial motor vehicle 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.
          ``(3) Conditions for participation.--The Secretary shall 
        require States, as a condition of participation in the program, 
        to--
                  ``(A) comply with the 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 or operating 
                limitations on the basis of a Federal safety fitness 
                determination.
          ``(4) Funding.--Of the amounts made available under section 
        31107, not more than $6,000,000 in each of fiscal years 1998 
        through 2003 may be used to carry out this subsection.
  ``(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 and 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.--
          ``(1) Availability of information.--The Secretary shall make 
        data collected in systems and through programs under this 
        section available to the public to the maximum extent 
        permissible under the Privacy Act of 1974 (5 U.S.C. 552a) and 
        the Freedom of Information Act (5 U.S.C. 552).
          ``(2) Review of data.--The Secretary shall allow individuals 
        and motor carriers to whom the data pertains to review 
        periodically such data and to request corrections or 
        clarifications.
          ``(3) State and local officials.--State and local safety and 
        enforcement officials shall have access to data made available 
        under this subsection to the same extent as Federal safety and 
        enforcement officials.''.
  (b) Authorization of Appropriations.--Section 31107 is amended to 
read as follows:

``Sec. 31107. Authorization of appropriations for information systems

  ``(a) In General.--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) $7,000,000 for fiscal year 1998;
          ``(2) $15,000,000 for fiscal year 1999; and
          ``(3) $20,000,000 for each of fiscal years 2000 through 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 table of sections for chapter 311 is 
amended--
          (1) by striking

                     ``SUBCHAPTER I--STATE GRANTS''

         and inserting

    ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE 
                              PROGRAMS'';

          (2) by striking the item relating to section 31106 and 
        inserting the following:

``31106.  Information systems.''; and

          (3) by striking the item relating to section 31107 and 
        inserting the following:

``31107. Authorization of appropriations for information systems.''.

SEC. 404. 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.''.

SEC. 405. 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)'' before the 
second comma.

SEC. 406. EXEMPTIONS AND PILOT PROGRAMS.

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

``Sec. 31315. Exemptions and pilot programs

  ``(a) 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 
        equal 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 the person fails to comply 
        with the terms and conditions of such exemption or if 
        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 the 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 exemption 
                would apply.
                  ``(C) An analysis of the safety impacts the exemption 
                may cause.
                  ``(D) The specific countermeasures the person would 
                undertake, if the exemption were granted, to ensure an 
                equal or greater level of safety than would be achieved 
                absent the 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) Upon denying a request.--Upon 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.
          ``(5) Applications to be dealt with promptly.--The Secretary 
        shall grant or deny an exemption request after a through review 
        of its safety implications, but in no case later than 180 days 
        after the filing date of such request, or the Secretary shall 
        publish in the Federal Register the reason for the delay in 
        decision and an estimate of when the decision will be made.
          ``(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 equal 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.
  ``(b) Pilot Programs.--
          ``(1) In general.--The Secretary may conduct pilot programs 
        to evaluate innovative approaches to motor carrier, 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 the program and the 
        exemptions to be considered and provide notice and an 
        opportunity for public comment before the effective date of any 
        exemptions.
          ``(2) Program elements.--In proposing a pilot program and 
        before granting exemptions for purposes of a pilot program, the 
        Secretary shall include, at a minimum, the following elements 
        in each pilot program plan:
                  ``(A) A program scheduled life of not more than 3 
                years.
                  ``(B) A scientifically valid methodology and study 
                design, including a specific data collection and 
                analysis plan, that identifies appropriate control 
                groups for comparison.
                  ``(C) The fewest participants necessary to yield 
                statistically valid findings.
                  ``(D) Observance of appropriate ethical protocols for 
                the use of human subjects in field experiments.
                  ``(E) An oversight plan to ensure that participants 
                comply with the terms and conditions of participation.
                  ``(F) Adequate countermeasures to protect the health 
                and safety of study participants and the general 
                public.
                  ``(G) 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, 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 promptly report to Congress the 
        findings, conclusions, and recommendations of the program, 
        including suggested amendments to law or regulation that would 
        enhance motor carrier, vehicle, and driver safety and improve 
        compliance with national safety standards.
  ``(c) Preemption of State Rules.--During the time period that an 
exemption or pilot program is in effect under this section, no State 
shall enforce any 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.''.
  (b) Table of Sections.--The table of sections for chapter 313 is 
amended by striking the item relating to section 31315 and inserting 
the following:

``31315. Exemptions and pilot programs.''.

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

SEC. 407. 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)--
                  (A) by inserting ``or livery'' after ``taxicab''; and
                  (B) by striking ``6 passengers'' and inserting ``8 
                passengers, including the driver,''.
  (b) Repeal of Review Panel.--Section 31134, and the item relating to 
such section in the table of sections for chapter 311, are repealed.
  (c) Repeal of Submission to Review Panel.--Section 31140, and the 
item relating to such section in the table of sections for chapter 311, 
are repealed.
  (d) Review Procedure.--Section 31141 is amended--
          (1) by striking subsections (b) and (c) and inserting the 
        following:
  ``(b) Submission of Regulation.--A State 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 of Transportation 
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 unreasonableburden 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.
  (e) 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''.
  (f) Protection of States Participating in State Groups.--Section 
31142(c)(1)(C) is amended--
          (1) by inserting after ``from'' the following: 
        ``participating in the activities of a voluntary group of 
        States''; and
          (2) by striking ``that meets'' and all that follows through 
        ``1984''.
  (g) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary 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 on the status of implementation of the amendments made by 
subsection (a)(2) of this section.

SEC. 408. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

  (a) Applicability of Federal Motor Carrier Safety Regulations to 
Interstate School Bus Operations.--Section 31136 is amended by adding 
at the end the following:
  ``(g) Applicability to School Transportation Operations of Local 
Education Agencies.--Not later than 6 months after the date of the 
enactment of this subsection, the Secretary shall issue regulations 
making the relevant commercial motor carrier safety regulations issued 
under subsection (a) applicable to all interstate school transportation 
operations by local educational agencies (as defined in section 14101 
of the Elementary and Secondary Education Act of 1965).''.
  (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report describing 
the status of compliance by private for-hire motor carriers and local 
educational agencies in meeting the requirements of section 31136 of 
title 49, United States Code, and any activities of the Secretary or 
the States to enforce such requirements.

SEC. 409. 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 table of 
sections for chapter 311, are repealed.

SEC. 410. 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) by inserting ``is'' before 
        ``transporting'' each place it appears.
  (b) Prohibition on CMV Operation Without CDL.--
          (1) In general.--Section 31302 is amended to read as follows:

``Sec. 31302. Driver's license requirement

  ``An individual may operate a commercial motor vehicle only if the 
individual has a valid commercial driver's license. 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 table of sections for chapter 313 is amended to read as 
        follows:

``31302. 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, 
        2000, include unique identifiers to minimize fraud and 
        duplication''.
          (2) Deadline for issuance of regulations.--Not later than 180 
        days after the date of the 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 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) in subsection (d)(1)--
                  (A) by striking ``and'' at the end of subparagraph 
                (E);
                  (B) by striking the period at the end of subparagraph 
                (F) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(G) information on all fines, penalties, convictions, and 
        failure to appear for a hearing or trial incurred by the 
        operator with respect to operation of a motor vehicle for a 
        period of not less than 3 years beginning on the date of the 
        imposition of such a fine or penalty or the date of such a 
        conviction or failure to appear.'';
          (5) 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).'';
          (6) 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 section 31106(e).'';
          (7) in subsection (f) by striking ``If the Secretary 
        establishes an information system under this section, the'' and 
        inserting ``The'';
          (8) by striking ``shall'' in the first sentence of subsection 
        (f) and inserting ``may''; and
          (9) by redesignating subsections (d), (e), and (f) as 
        subsections (b), (c), and (d), respectively.
  (e) Repeal of Obsolete Grant Programs.--Sections 31312 and 31313, and 
the items relating to such sections in the table of sections for 
chapter 313, are repealed.
  (f) 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. 411. INTERIM BORDER SAFETY IMPROVEMENT PROGRAM.

  (a) Program.--The Secretary shall carry out a program to improve 
commercial motor vehicle safety in the vicinity of borders between the 
United States and Canada and the United States and Mexico.
  (b) Grant and Other Authority.--The Secretary may expend funds made 
available to carry out this section--
          (1) for making grants to border States, local governments, 
        organizations, and other persons to carry out activities 
        described in subsection (c);
          (2) for personnel of the Department of Transportation to 
        conduct such activities; and
          (3) for entry into contracts for the conduct of such 
        activities.
  (c) Use of Funds.--Activities for which funds may be expended under 
this section include--
          (1) employment by the Department of Transportation or a 
        border State of additional personnel to enforce commercial 
        motor vehicle safety regulations described in subsection (a);
          (2) training of personnel to enforce such regulations;
          (3) development of data bases and communication systems to 
        improve commercial motor vehicle safety; and
          (4) education and outreach initiatives.
  (d) Criteria.--In selecting activities and projects for funding under 
this section, the Secretary shall consider current levels of 
enforcement by border States, cross border traffic patterns (including 
volume of commercial motor vehicle traffic), location of inspection 
facilities, and such other factors as the Secretary determines will 
result in the greatest safety improvement and benefit to border States 
and the Nation.
  (e) Federal Share.--
          (1) In general.--The Federal share payable under a grant made 
        under this section for--
                  (A) any activity described in paragraph (2), (3), or 
                (4) of subsection (c) shall be 80 percent; and
                  (B) any activity described in subsection (c)(1) shall 
                be--
                          (i) 80 percent for the first 2 years that a 
                        State receives a grant under this section for 
                        such activity;
                          (ii) 50 percent for the third and fourth 
                        years that a State receives a grant under this 
                        section for such activity; and
                          (iii) 25 percent for the fifth and sixth 
                        years that a State receives a grant under this 
                        section for such activity.
          (2) In-kind contributions.--In determining the non-Federal 
        costs under paragraph (1), the Secretary shall include in-kind 
        contributions by the grant recipient, of which up to $2,500,000 
        may be used to upgrade earthquake simulation facilities as 
        required to carry out the program.
  (f) Maintenance of Effort.--A grant may not be made to a State under 
this section for an activity described in subsection (c)(1) 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 
employment of personnel to enforce commercial motor vehicle safety 
regulations in the vicinity of the border at or above the average level 
of such expenditures in the State's 2 fiscal years preceding the date 
of the enactment of this section.
  (g) Funding.--Of amounts made available to carry out the coordinated 
border infrastructure and safety program under section 116 of this Act, 
$20,000,000 for fiscal year 1998 and $15,000,000 for each of fiscal 
years 1999 through 2003 shall be available to carry out this section.
  (h) Border State Defined.--In this section, the term ``border State'' 
means any State that has a boundary in common with Canada or Mexico.

SEC. 412. VEHICLE WEIGHT ENFORCEMENT.

  (a) Study.--The Secretary shall conduct a study of State laws and 
regulations pertaining to penalties for violation of State commercial 
motor vehicle weight laws.
  (b) 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, 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.
  (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study conducted under this section, together with any 
legislative recommendations of the Secretary.
  (d) Funding.--From amounts made available under subparagraphs (F) 
through (I) of section 127(a)(3) of this Act, the Secretary may use not 
to exceed $300,000 to carry out this section.

SEC. 413. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND 
                    INTERNATIONAL FUEL TAX AGREEMENT.

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

SEC. 414. 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 the 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 and any laws or regulations 
relating to the safe operation of commercial motor vehicles and to 
report potentially improper inspections, audits, and enforcement 
activities.
  (b) Monitoring.--The Secretary shall monitor reports received by the 
telephone system and shall 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 to exceed $300,000 
for each of fiscal years 1998 through 2003 to carry out this section.

SEC. 415. INSULIN TREATED DIABETES MELLITUS.

  (a) Determination.--Not later than 18 months after the date of the 
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) analyze available data on the safety performance of 
        diabetic drivers of motor vehicles;
          (4) assess the relevance of intrastate driving and 
        experiences of other modes of transportation to interstate 
        commercial motor vehicle operations; and
          (5) 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.

SEC. 416. PERFORMANCE-BASED CDL TESTING.

  (a) Review.--Not later than 1 year after the date of the 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.--Not later than 1 year after the date of completion 
of the review under subsection (a), the Secretary shall issue 
regulations under section 31305 reflecting the results of the review.

SEC. 417. POSTACCIDENT ALCOHOL TESTING.

  (a) Study.--The Secretary shall conduct a study of the feasibility of 
utilizing qualified emergency responders and law enforcement officers 
for conducting postaccident alcohol testing of commercial motor vehicle 
operators under section 31306 of title 49, United States Code, as a 
method of obtaining more timely information and reducing the burdens 
that employers may encounter in meeting the testing requirements of 
such section.
  (b) Report.--Not later than 18 months after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
study conducted under subsection (a) with recommendations regarding the 
utilization of emergency responders and law enforcement officers in 
conducting testing described in subsection (a).

SEC. 418. 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) Identification of technologies.--In identifying 
        technologies pursuant to 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 subparagraphs (F) through (I) of section 127(a)(3) of 
        this Act to carry out this subsection.
  (b) Nonsedating Antihistamines.--The Secretary shall review available 
information on the effects of antihistamines on driver fatigue, 
awareness, and performance and shall consider encouraging the use of 
nonsedating antihistamines as a means of reducing the adverse effects 
of the use of other antihistamines by drivers.

SEC. 419. 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 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 whether an owner or operator is fit to 
operate safely commercial motor vehicles. 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 
        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. 420. HAZARDOUS MATERIALS TRANSPORTATION REGULATION AND FARM 
                    SERVICE VEHICLES.

  (a) Exceptions.--Section 5117(d)(2) is amended--
          (1) by striking ``do not prohibit'';
          (2) in subparagraph (A)--
                  (A) by inserting ``do not prohibit'' before ``or 
                regulate''; and
                  (B) by striking ``or'' the last place it appears;
          (3) in subparagraph (B) by inserting ``do not prohibit'' 
        before ``transportation'';
          (4) by striking the period at the end of subparagraph (B) and 
        inserting ``; or''; and
          (5) by adding at the end the following:
          ``(C) do not prohibit a State 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 from a source of supply to a farm, from a farm to 
        another farm, from a field to another field on a farm, or from 
        the farm back to the source of supply.
In granting any exception under subparagraph (C), a State must certify 
to the Secretary that such exception is in the public interest, the 
need for such exception, and that the State shall monitor the exception 
and take such measures necessary to ensure that safety is not 
compromised.''.
  (b) Agricultural Production Material Defined.--Section 5117 is 
amended by adding at the end the following:
  ``(f) Agricultural Production Material Defined.--In this section, the 
term `agricultural production material' means--
          ``(1) ammonium nitrate fertilizer in a quantity that does not 
        exceed 16,094 pounds;
          ``(2) a pesticide in a quantity that does not exceed 502 
        gallons for liquids and 5,070 pounds for solids; and
          ``(3) a diluted solution of water and pesticides or 
        fertilizer in a quantity that does not exceed 3,500 gallons.''.

SEC. 421. TRUCK TRAILER CONSPICUITY.

  (a) Issuance of Final Rule.--Not later than 1 year after the date of 
the 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. 422. DOT IMPLEMENTATION PLAN.

  (a) In General.--Not later than 18 months after the date of the 
enactment of this section, the Secretary shall 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, or a regulation or order of 
        the Secretary under such chapter, 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); and
          (2) assess civil or criminal penalties against a person who 
        knowingly aids, abets, counsels, commands, induces, or procures 
        a violation of a regulation or an order of the Secretary under 
        chapter 311 or section 31502 of such title to the same extent 
        as a motor carrier or driver who commits such a violation.
  (b) Contents of Implementation Plan.--In developing the 
implementation plan, the Secretary, at a minimum, shall consider--
          (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.

             TITLE V--PROGRAMMATIC REFORMS AND STREAMLINING

SEC. 501. PROJECT APPROVAL AND OVERSIGHT.

  (a) In General.--Section 106 is amended by striking the section 
heading and all that follows through the period at the end of 
subsection (d) and inserting the following:

``Sec. 106. Project approval and oversight

  ``(a) In General.--
          ``(1) Submission of plans, specifications, and estimates.--
        Except as otherwise provided in this section, each State 
        highway 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 upon 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 highway 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 its proportional 
        contribution thereto.
          ``(4) Guidance.--In taking action under this subsection, the 
        Secretary shall be guided by the provisions of section 109.
  ``(b) Project Agreement.--
          ``(1) Provision of state funds.--The project agreement shall 
        make provision for State funds required for the State's pro 
        rata share of the cost of construction of the project and for 
        the maintenance of the project after completion of 
        construction.
          ``(2) Representations of state.--The Secretary may rely upon 
        representations made by the State highway department with 
        respect to the arrangements or agreements made by the State 
        highway department and appropriate local officials if a part of 
        the project is to be constructed at the expense of, or in 
        cooperation with, local subdivisions of the State.
  ``(c) Special Rules for Project Oversight.--
          ``(1) NHS projects.--
                  ``(A) General authority.--Except as otherwise 
                provided in subsection (d), the Secretary may discharge 
                to the State any of the Secretary's responsibilities 
                under this title for design, plans, specifications, 
                estimates, contract awards, and inspection of projects 
                on the National Highway System.
                  ``(B) Agreement.--The Secretary and the State shall 
                reach agreement as to the extent the State may assume 
                the Secretary's responsibilities under this subsection. 
                The Secretary may not assume any greater responsibility 
                than the Secretary is permitted under this title on 
                September 30, 1997, except upon agreement by the 
                Secretary and the State.
          ``(2) Non-interstate system projects.--For all projects under 
        this title that are not on the National Highway System, the 
        State shall assume the Secretary's responsibility under this 
        title for design, plans, specifications, estimates, contract 
        awards, and inspection of projects. For projects that are on 
        the National Highway System but not on the Interstate System, 
        the State shall assume the Secretary's responsibility 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.
  ``(d) Secretary's Responsibilities.--Nothing in this section, section 
133, and section 149 shall affect or discharge any responsibility or 
obligation of the Secretary under any Federal law, other than this 
title. Any responsibility or obligation of the Secretary under sections 
113 and 114 of this title and section 5333 of title 49, United States 
Code, shall not be affected and may not be discharged under this 
section, section 133, or section 149.''.
  (b) Repeal of Obsolete Provisions.--Sections 105, 110, and 117, and 
the items relating to such sections in the table of sections for 
chapter 1, are repealed.
  (c) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 106 and inserting:

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

SEC. 502. 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, except that 
                the Secretary may decide not to apply this section to 
                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.--The coordinated 
        environmental review process for each project shall ensure 
        that, whenever practicable (as set forth 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 concerned highway project shall be 
        conducted concurrently and completed within a cooperatively 
        determined time period. Such process for a project or class of 
        projects may be incorporated into a memorandum of understanding 
        between the Department of Transportation and all other Federal 
        agencies (and, where appropriate, State agencies). In 
        establishing such time period 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 
highway project, the coordinated environmental review process 
established under this section shall provide, at a minimum, for the 
following elements:
          (1) 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; 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 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 
                projects; 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 those required by the National 
                Environmental Policy Act of 1969; 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 those 
        established by the Council on Environmental Quality under the 
        provisions of 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 which has been discovered that could not 
        reasonably have been anticipated when such 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, then the Secretary may close the record. 
If the Secretary finds after timely compliance with this section, that 
an environmental issue related to the highway project that an affected 
Federal agency has jurisdiction over by operation of Federal law has 
not been resolved, then the Secretary and the head of such agency shall 
resolve the matter within 30 days of the finding by the Secretary.
  (d) Acceptance of Purpose and Need.--For any environmental impact 
statement prepared pursuant to the National Environmental Policy Act of 
1969 or the conduct of any other environmental review, analysis, 
opinion, or issuance of an environmental permit, license, or approval 
that requires an analysis of purpose and need, the agency conducting 
such review with respect to the highway project shall give due 
consideration to the project purpose and need as defined by the 
Secretary and the project applicant.
  (e) 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 must 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 provided for in 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 such State 
shall be subject to the review process.
  (f) Assistance to Affected Federal Agencies.--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 review process established by this section to affected 
Federal agencies to provide the resources necessary to meet any time 
limits established by this section. Such requests shall only be 
approved for the additional amounts that the Secretary determines are 
necessary for such affected Federal agencies to meet the time limits 
for environmental review where such time limits are less than the 
customary time necessary for such review.
  (g) Federal Agency Defined.--For the purposes of this section, the 
term ``Federal agency'' means any Federal agency or any State agency 
carrying out affected responsibilities required by operation of Federal 
law.
  (h) 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 be 
        construed to affect the applicability of the National 
        Environmental Policy Act of 1969 or any other Federal 
        environmental statute or affect the responsibility of any 
        Federal officer to comply with or enforce any such statute.
  (i) State Environmental Review Delegation Pilot Demonstration 
Program.--
          (1) In general.--The Secretary, in cooperation with the 
        Council on Environmental Quality, shall establish and implement 
        a State environmental review pilot demonstration program. Such 
        program shall permit the Secretary, in cooperation with the 
        Council on Environmental Quality, to develop criteria for 
        States to select up to 8 States for participation in the 
        program. A State interested in participation in the program 
        shall submit to the Secretary an application for participation.
          (2) Delegation of authority.--For each State selected to 
        participate in the pilot program, the Secretary shall delegate 
        and the State shall accept all of the responsibilities for 
        conducting the Federal environmental review process required by 
        the National Environmental Policy Act of 1969 in the manner 
        required if the projects were undertaken by the Secretary.
          (3) Certification.--A State that is selected to participate 
        in the pilot program shall, prior to assuming any 
        responsibilities for the Secretary under this subsection, 
        submit to the Secretary and the Secretary, in cooperation with 
        the Council on Environmental Quality, shall approve a 
        certification that shall, at a minimum--
                  (A) be in a form acceptable to the Secretary;
                  (B) be executed by the Chief Executive Officer of the 
                recipient of assistance under this section (hereinafter 
                in this section referred to as the ``certifying 
                officer'');
                  (C) specify that the certifying officer consents to 
                assume the status of a responsible Federal officer 
                under the National Environmental Policy Act of 1969 
                (and any applicable regulations issued by the Secretary 
                or the Council on Environmental Quality implementing 
                such Act) for the affected project;
                  (D) accept jurisdiction of the Federal courts for the 
                purpose of enforcement of the State's responsibilities 
                for the project; and
                  (E) agree that the Secretary's approval of such 
                certification shall constitute the Secretary's 
                responsibilities under the National Environmental 
                Policy Act of 1969 and any other related provisions of 
                law that the Secretary may specify for the affected 
                project.
          (4) Oversight.--For each State selected to participate in the 
        pilot program, the Secretary shall, in cooperation with the 
        Council on Environmental Quality, conduct quarterly audits in 
        the first year of such participation, and annual audits every 
        year thereafter, to ensure that each selected State is 
        complying with all elements of the certification provided for 
        in this subsection and all requirements delegated pursuant to 
        this subsection.
          (5) Termination.--The Secretary, in cooperation with the 
        Council on Environmental Quality, may immediately terminate the 
        participation of any State if the Secretary, in cooperation 
        with the Council on Environmental Quality, finds that such 
        State is not complying with any responsibility or duty set 
        forth in this subsection or that the State's continued 
        participation in the program would result in any adverse impact 
        on the environment.
          (6) Period of applicability.--The pilot program shall remain 
        in effect for 3 years. The pilot program shall apply to all 
        projects initiated within such 3-year period, and any such 
        project shall be subject to the provisions of this subsection 
        until the review of the project is completed under this 
        subsection.
          (7) Report to congress.--The Secretary and Council on 
        Environmental Quality shall transmit to Congress annual reports 
        on the pilot program.

SEC. 503. 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 eachanalysis undertaken pursuant to the 
National Environmental Policy Act of 1969 for a project receiving 
assistance with funds made available under this Act (including any 
amendments made by this Act).

SEC. 504. FINANCIAL PLAN.

  The Secretary shall require each recipient of Federal financial 
assistance for a highway or transit project with an estimated total 
cost of $1,000,000,000 or more to submit to the Secretary an annual 
financial plan. Such 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. 505. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

  (a) In General.--Chapter 1 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.--This section shall not 
apply to funds subject to the last sentence of section 133(d)(1) and 
funds subject to sections 104(f) and 133(d)(3). The maximum amount that 
a State may transfer under this section of the State's set-aside under 
section 133(d)(2) for a fiscal year may not exceed 50 percent of (1) 
the amount of such set-aside, less (2) the amount of the State's set-
aside under section 133(d)(3) for fiscal year 1996.
  ``(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 of the 
State's apportionment under section 104(b)(2) for fiscal year 1997. 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 table of sections for chapter 1 is 
amended by inserting after the item relating to section 109 the 
following:

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

SEC. 506. DISCRETIONARY GRANT SELECTION CRITERIA AND PROCESS.

  (a) Establishment of Criteria.--The Secretary shall establish 
criteria for all discretionary programs funded from the Highway Trust 
Fund (including the Mass Transit Account). To the extent practicable, 
such criteria shall conform to the Executive Order No. 12893 (relating 
to infrastructure investment). In formulating such criteria, the 
Secretary shall provide that, if 2 or more applications for a 
discretionary grant are otherwise equal, then the grant shall be 
awarded to the application from a State that has a Highway Trust Fund 
(other than the Mass Transit Account) return of less than 90 percent.
  (b) Selection Process.--
          (1) Limitation on acceptance of application.--Before 
        accepting application for grants under any discretionary 
        program for which funds are authorized to be appropriated from 
        the Highway Trust Fund (including the Mass Transit Account) by 
        this Act (including the amendments made by this Act), the 
        Secretary shall publish the criteria established under 
        subsection (a). Such publication shall identify all statutory 
        criteria and any criteria established by regulation that will 
        apply to such program.
          (2) Explanation.--At least 14 days before making a grant 
        under a discretionary program described in paragraph (1), the 
        Secretary shall transmit to the respective committees of the 
        House of Representatives and the Senate having jurisdiction 
        over such program, and shall publish, an explanation of how 
        projects will be selected based on the criteria established for 
        such program under subsection (a).
  (c) Minimum Programs.--At a minimum the criteria established under 
subsection (a) and the process established by subsection (b) shall 
apply to the following programs:
          (1) The high cost Interstate System reconstruction and 
        improvement program.
          (2) The research program under title VI of this Act.
          (3) The national corridor planning and development program.
          (4) The coordinated border infrastructure and safety program.
          (5) The construction of ferry boats and ferry terminal 
        facilities.
          (6) The scenic byway program.
          (7) The discretionary bridge program.
          (8) New fixed guideway systems and extensions to existing 
        fixed guideway systems under section 5309 of title 49, United 
        States Code.
          (9) Transit research and planning.

SEC. 507. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.

  (a) In General.--The Secretary shall eliminate any programmatic 
responsibility of the regional offices of the Federal Highway 
Administration as part of the Administration's efforts to restructure 
its field organization, including elimination of regional offices, 
creation of technical resource centers, and maximum delegation of 
authority to its State offices.
  (b) 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 not later than September 30, 
1998, and thereafter provide periodic progress reports to such 
Committees.
  (c) Implementation.--The Secretary shall begin implementation of the 
plan transmitted under subsection (b) not later than December 31, 1998.

SEC. 508. AUTHORITY FOR CONGRESS TO MAKE MIDCOURSE CORRECTIONS TO THE 
                    HIGHWAY AND TRANSIT PROGRAMS.

  The Secretary shall not apportion or allocate, prior to August 1, 
2001, any funds authorized to be appropriated or made available for 
fiscal year 2001 under title 23, United States Code (other than 
sections 125 and 157 and amounts necessary for the administration of 
the Federal Highway Administration under section 104(a)), title I and 
VI of this Act (other than section 127(b)), section 31104(a) of title 
49, United States Code, section 5338 of title 49, United States Code 
(other than amounts necessary for the administration of the Federal 
Transit Administration), and title III of this Act, unless a law has 
been enacted making midcourse corrections to the Federal-aid highway 
and transit programs authorized by this Act (including amendments made 
by this Act) which would, at a minimum--
          (1) approve a funding distribution for and any modifications 
        to the high-cost interstate reconstruction and improvement 
        program;
          (2) approve a proposed system of performance bonuses to 
        States pursuant to the bonus program established under section 
        123 of this Act;
          (3) approve a cost estimate for States as part of the 
        Appalachian development highway system program;
          (4) make any other appropriate programmatic changes and 
        recommendations made to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Environment and Public Works and Banking, 
        Housing, and Urban Affairs of the Senate;
          (5) approve projects under the capital program for final 
        design and construction of a new fixed guideway system or 
        extension of an existing fixed guideway system; and
          (6) include a certification that such law meets the 
        requirements of this section.

                   TITLE VI--TRANSPORTATION RESEARCH

SEC. 601. AMENDMENTS TO TITLE 23, 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 23, 
United States Code.

SEC. 602. APPLICABILITY OF TITLE 23.

  Funds made available by subparagraphs (F) through (I) of section 
127(a)(3) 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, except that the Federal share payable for a project 
or activity carried out using such funds shall be determinedby the 
Secretary (unless otherwise expressly provided by this Act) and such 
funds shall remain available until expended.

SEC. 603. TRANSFERS OF FUNDS.

  The Secretary may transfer not to exceed 10 percent of the amounts 
made available by each of subparagraphs (F) through (I) of section 
127(a)(3) of this Act to the amounts made available by any other of 
such subparagraphs.

 Subtitle A--Surface Transportation Research, Technology, and Education

                        PART I--HIGHWAY RESEARCH

SEC. 611. RESEARCH.

  (a) Research.--Section 307(a) is amended--
          (1) in paragraph (1) by striking subparagraph (C); and
          (2) by striking paragraph (3) and inserting the following:
          ``(3) Amounts deposited by cooperating organizations and 
        persons.--There shall be available to the Secretary for 
        carrying out this subsection such funds as may be deposited by 
        any cooperating organization or person in a special account of 
        the Treasury of the United States established for such 
        purpose.''.
  (b) Long-Term Pavement Performance.--Section 307(b)(2) is amended to 
read as follows:
          ``(2) Long-term pavement performance.--
                  ``(A) In general.--As part of the highway research 
                program under subsection (a), the Secretary shall carry 
                out a long-term pavement performance program to 
                continue to completion the long-term pavement 
                performance tests initiated under the strategic highway 
                research program.
                  ``(B) Grants, cooperative agreements, and 
                contracts.--In carrying out subparagraph (A), the 
                Secretary shall make grants and enter into cooperative 
                agreements and contracts for the following purposes:
                          ``(i) To continue the monitoring, material-
                        testing, and evaluation of the highway test 
                        sections established under the long-term 
                        pavement performance program.
                          ``(ii) To carry out analyses of the data 
                        collected under the program.
                          ``(iii) To prepare the products required to 
                        fulfill the original objectives of the program 
                        and to meet future pavement technology 
                        needs.''.
  (c) Advanced Research.--Section 307(b)(4) is amended to read as 
follows:
          ``(4) Advanced research.--
                  ``(A) In general.--The highway research program under 
                subsection (a) shall include an advanced research 
                program 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 this program, 
                the Secretary shall strive to develop partnerships with 
                the public and private sectors.
                  ``(B) Research areas.--In carrying out the advanced 
                research program under subparagraph (A), the Secretary 
                may make grants and enter into cooperative agreements 
                and contracts in such areas as the Secretary determines 
                appropriate, including the following:
                          ``(i) Characterization of materials used in 
                        highway infrastructure, including analytical 
                        techniques, microstructure modeling, and the 
                        deterioration processes.
                          ``(ii) Diagnostics for evaluation of the 
                        condition of bridge and pavement structures to 
                        enable assessment of failure risks.
                          ``(iii) Design and construction details for 
                        composite structures.
                          ``(iv) Safety technology based problems in 
                        the areas of pedestrian and bicycle safety, 
                        roadside hazards, and composite materials for 
                        roadside safety hardware.
                          ``(v) Particulate matter source 
                        apportionment, control strategy synthesis 
                        evaluation, and model development.
                          ``(vi) Data acquisition techniques for system 
                        condition and performance monitoring.
                          ``(vii) Prediction of the response of current 
                        and future travelers to new technologies.''.
  (d) Supporting Infrastructure.--Section 307(b)(5) is amended--
          (1) by striking subparagraph (C); and
          (2) by redesignating subparagraph (D) as subparagraph (C).
  (e) Repeals.--Section 307 is amended--
          (1) by striking subsections (c), (d), and (e); and
          (2) by redesignating subsections (f), (g), and (h) as 
        subsections (c), (d), and (e), respectively.
  (f) Seismic Research Program.--Section 307(c), as so redesignated, is 
amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(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) by striking paragraph (4) and inserting the following:
          ``(4) Funding.--Of the amounts made available to carry out 
        this section, the Secretary shall expend not more than 
        $2,000,000 for each of fiscal years 1998 through 2003 to carry 
        out this subsection, of which up to $2,500,000 may be used to 
        upgrade earthquake simulation facilities as required to carry 
        out the program.''; and
          (3) by striking paragraph (5).
  (g) Biennial Report.--Section 307(e), as so redesignated, is 
amended--
          (1) by striking ``The Secretary'' and inserting ``Biennial 
        Report.--The Secretary''; and
          (2) by inserting after ``highway needs'' the following: ``, 
        as well as the backlog of current highway needs,''.
  (h) Recycled Materials Research Program.--Section 307 is further 
amended by adding at the end the following:
  ``(f) Recycled Materials Research Program.--
          ``(1) In general.--The Secretary shall conduct a program of 
        research to determine--
                  ``(A) the performance of asphalt pavement containing 
                tire-derived carbonous asphalt modifiers under various 
                climate and use conditions; and
                  ``(B) the degree to which asphalt pavement containing 
                tire-derived carbonous asphalt modifiers can be 
                recycled.
          ``(2) Date of completion.--The Secretary shall complete the 
        research program under this subsection not later than 3 years 
        after the date of the enactment of the Building Efficient 
        Surface Transportation and Equity Act of 1998.''.
  (i) Conforming Amendments.--Chapter 3 is amended--
          (1) in the heading to section 307 by striking ``and 
        planning''; and
          (2) in the table of sections for such chapter by striking the 
        item relating to section 307 and inserting the following:

``307. Research.''.

SEC. 612. STATE PLANNING AND RESEARCH.

  (a) In General.--Chapter 3 is amended by inserting after section 312 
the following:

``Sec. 313. State planning and research

  ``(a) General Rule.--Two percent of the sums apportioned for each 
fiscal year beginning after September 30, 1997, 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 statewide planning 
        under section 135.
          ``(3) Development and implementation of management systems 
        under section 303.
          ``(4) Studies of the economy, safety, and convenience of 
        highway usage and the desirable regulation and equitable 
        taxation thereof.
          ``(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 and 
        study, research, and training on the engineering standards and 
        construction materials for such systems, 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.--Not less than 25 percent of the funds which are 
apportionedto a State for a fiscal year and are subject to subsection 
(a) 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 
unless the State certifies to the Secretary for such fiscal year that 
total expenditures by the State for transportation planning under 
sections 134 and 135 will exceed 75 percent of the amount of such funds 
and the Secretary accepts such certification. Funds used for research 
provided under this subsection are not subject to an assessment under 
the Small Business Research and Development Enhancement Act of 1992 
(Public Law 102-564).
  ``(c) Federal Share.--The Federal share payable on account of any 
project financed with funds which are 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 which are subject to subsection 
(a) shall be combined and administered by the Secretary as a single 
fund which shall be available for obligation for the same period as 
funds apportioned under section 104(b)(1).''.
  (b) Conforming Amendment.--The table of sections for chapter 3 is 
amended by inserting after the item relating to section 312 the 
following:

``313. State planning and research.''.

  (c) Highway Noise Research Center.--
          (1) In general.--The Secretary, in cooperation with a 
        university with an ongoing program relating to noise control 
        and acoustics research, shall carry out research on methods to 
        reduce highway noise.
          (2) Funding.--Of the amounts made available for each of 
        fiscal years 1999 through 2003 by section 127(a)(3)(H) of this 
        Act, $1,000,000 per fiscal year shall be available to carry out 
        this subsection.

SEC. 613. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

  (a) Activities.--Section 325(a) is amended--
          (1) by inserting after ``expertise'' the following: ``, 
        goods, and services'';
          (2) by striking ``and'' at the end of paragraph (4);
          (3) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(6) gathering and disseminating information on foreign 
        transportation markets and industries.''.
  (b) Funds.--Section 325(c) is amended to read as follows:
  ``(c) Funds.--Funds available to carry out this section shall include 
funds deposited by any cooperating organization or person in a special 
account for such purpose with the Secretary of the Treasury. The funds 
deposited in the special account and other funds available to carry out 
this section shall be available to cover the cost of any activity 
eligible under this section, including the cost of promotional 
materials, travel, reception and representation expenses, and salaries 
and benefits. Reimbursements for salaries and benefits of Department of 
Transportation employees providing services under this section shall be 
credited to the special account.''.
  (c) Eligibility.--Section 325 is amended by adding at the end the 
following:
  ``(d) Eligible Use of State Planning and Research Funds.--A State, in 
coordination with the Secretary, may obligate funds made available to 
carry out section 313 for any activity authorized under subsection 
(a).''.

     PART II--TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND 
                         TECHNOLOGY DEPLOYMENT

SEC. 621. NATIONAL HIGHWAY INSTITUTE.

  Section 321 is amended by striking subsection (f) and redesignating 
subsection (g) as subsection (f).

SEC. 622. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVE.

  (a) In General.--Chapter 3 is further amended by inserting after 
section 321 the following:

``Sec. 322. National technology deployment initiative

  ``(a) In General.--The Secretary shall develop and implement a 
national technology deployment initiative to expand adoption by the 
surface transportation community of innovative technologies to improve 
the safety, efficiency, reliability, service life, and sustainability 
of transportation systems and to reduce environmental impact.
  ``(b) Integration With Other Programs.--The Secretary shall integrate 
activities undertaken pursuant to this section with the efforts of the 
Department to disseminate the results of research sponsored by the 
Department and to facilitate technology transfer.
  ``(c) Leveraging of Federal Resources.--In selecting projects to be 
carried out under this section, the Secretary shall give preference to 
projects that leverage Federal funds with other significant public or 
private resources.
  ``(d) Grants, Contracts, and Cooperative Agreements.--The Secretary 
may carry out this section either independently or in cooperation with 
other Federal departments, agencies, and instrumentalities or by making 
grants to, or entering into contracts, cooperative agreements, or other 
transactions with any State or local agency, authority, association, 
institution, corporation (for-profit or nonprofit), organization, or 
person.''.
  (b) Conforming Amendment.--The table of sections for chapter 3 is 
amended by inserting after the item relating to section 321 the 
following:

``322. National technology deployment initiative.''.

SEC. 623. EDUCATION AND TRAINING PROGRAMS.

  (a) Local Technical Assistance Program.--Section 326(a) is amended--
          (1) by striking ``Authority'' and inserting ``Local Technical 
        Assistance Program''; and
          (2) by striking ``transportation assistance program'' and 
        inserting ``local technical assistance program''.
  (b) Research Fellowships.--Section 326 is further amended--
          (1) by striking subsection (c);
          (2) by redesignating subsection (b) as subsection (c); and
          (3) by inserting after subsection (a) the following:
  ``(b) Research Fellowships.--
          ``(1) General authority.--The Secretary may, acting either 
        independently or in cooperation with other Federal departments, 
        agencies, and instrumentalities, make grants for research 
        fellowships for any purpose for which research is authorized by 
        this section.
          ``(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. 
        Such program shall be known as the `Dwight David Eisenhower 
        Transportation Fellowship Program'.''.
  (c) Conforming Amendments.--Chapter 3 is amended--
          (1) in the heading to section 326 by striking ``program'' and 
        inserting ``programs''; and
          (2) in the table of sections for such chapter by striking the 
        item relating to section 326 and inserting the following:

``326. Education and training programs.''.

SEC. 624. 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 10 university 
transportation centers, in addition to the centers receiving grants 
under subsection (a), to address transportation management and research 
and development, with special attention to increasing the number of 
highly skilled individuals entering the field of transportation.
  ``(c) Selection of Grant Recipients.--
          ``(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.--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 5307 or 5311 of this title or section 313, 322, or 326(a) 
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, 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) Special Rule for Fiscal Years 1998 and 1999.--
          ``(1) In general.--In carrying out subsections (a) and (b) in 
        fiscal years 1998 and 1999, the Secretary shall make grants to 
        each university transportation center and university research 
        institute that received a grant in fiscal year 1997 under 
        section 5316 or 5317 of this title, as in effect on the day 
        before the date of the enactment of this section.
          ``(2) Terms and conditions.--Notwithstanding any other 
        provision of this section, grants made pursuant to paragraph 
        (1) in fiscal years 1998 and 1999 shall be subject to the same 
        terms and conditions as the fiscal year 1997 grants referred to 
        in paragraph (1); except that the university research 
        institutes at San Jose State University, North Carolina A&T 
        State University, and the University of South Florida shall 
        each receive $1,000,000 in grants under paragraph (1) in each 
        of fiscal years 1998 and 1999.
  ``(j) University Research Institutes.--Any university research 
institute that received a grant under section 5316 of this title, as in 
effect on the day before the date of the enactment of this section, 
shall be eligible to receive grants made available to university 
transportation centers under this section.
  ``(k) Applications That May Be Considered.--In selecting grant 
recipients under subsection (b), the Secretary shall consider at a 
minimum applications submitted by the following:
          ``(1) Any university transportation center or university 
        research institute described in subsection (i)(1).
          ``(2) The University of Denver and Mississippi State 
        University.
          ``(3) The University of Arizona.
          ``(4) The University of Central Florida.
          ``(5) Carnegie Mellon and Lehigh Universities.
          ``(6) University of Southern California and California State 
        University at Long Beach.
          ``(7) Pace University.
          ``(8) A consortium of historically black colleges in Alabama.
          ``(9) Lawson State Community College.
          ``(10) A consortium consisting of the University of 
        Wisconsin, the University of Illinois, and Purdue University.
          ``(11) The University of New Hampshire.
          ``(12) A consortium consisting of George Mason University, 
        along with the University of Virginia and Virginia Tech 
        University.
          ``(13) The University of Tennessee.
          ``(14) The Alabama Transportation Institute.
          ``(15) A consortium consisting of Columbia University, City 
        University of New York, Manhattan College, and New Jersey 
        Institute of Technology.
          ``(16) Maritime College of the State University of New York.
          ``(17) University of New Orleans.''.
  (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) Appalachian Transportation Institute.--
          (1) Grants.--The Secretary shall make grants under section 
        5505 of title 49, United States Code, to Marshall University, 
        West Virginia, on behalf of a consortium which also may include 
        West Virginia University Institute of Technology, the College 
        of West Virginia, and Bluefield State College to establish and 
        operate an Appalachian Transportation Institute. Such institute 
        shall conduct research, training, technology transfer, and 
        other transportation related activities in the development and 
        enhancement of transportation systems in the Appalachian 
        region, including the Appalachian Development Highway System.
          (2) Funding.--Of amounts made available to carry out such 
        section 5505, $2,000,000 shall be available for each of fiscal 
        years 1998 through 2003 to carry out paragraph (1).
          (3) Federal share.--The Federal share payable for the costs 
        of the institute referred to in paragraph (1) shall be 80 
        percent; except that the non-Federal interest shall receive 
        credit for the reasonable cost associated with the 
        establishment and administration of the institute referred to 
        in paragraph (1).
  (d) ITS Institute.--
          (1) Grants.--The Secretary shall make grants under section 
        5505 of title 49, United States Code, to the University of 
        Minnesota to continue to operate and expand the ITS Institute. 
        The ITS Institute shall continue to conduct research, 
        education, and development activities that focus on 
        transportation management, enhanced safety, human factors, and 
        reduced environmental effects. The ITS Institute shall develop 
        new or expanded programs to address emerging issues of ITS 
        related to transportation policy, intermodalism, sustainable 
        community development, and transportation telematics.
          (2) Funding.--Of amounts made available to carry out such 
        section 5505, $2,000,000 shall be available for each of fiscal 
        years 1998 through 2003 to carry out paragraph (1).
          (3) Federal share.--The Federal share payable for the costs 
        of the institute referred to in paragraph (1) shall be 80 
        percent; except that the non-Federal interest shall receive 
        credit for the reasonable cost associated with the 
        establishment and administration of the institute referred to 
        in paragraph (1).

SEC. 625. FUNDING ALLOCATIONS.

  Of the amounts made available for each of fiscal years 1998 through 
2003 by section 127(a)(3)(G) of this Act--
          (1) not to exceed $8,000,000 per fiscal year shall be 
        available for the National Highway Institute under section 321 
        of title 23, United States Code;
          (2) not to exceed $10,000,000 per fiscal year shall be 
        available for the local technical assistance program under 
        section 326(a) of such title;
          (3) not to exceed $2,000,000 per fiscal year shall be 
        available for the Dwight D. Eisenhower Transportation 
        Fellowship Program under section 326(b) of such title;
          (4) not to exceed $14,000,000 for each of fiscal years 1998 
        and 1999 and $19,000,000 for each of fiscal years 2000 through 
        2003 shall be available for the national technology deployment 
        initiative program under section 322 of such title; and
          (5) not to exceed $17,750,000 per fiscal year shall be 
        available for university transportation centers under section 
        5505 of title 49, United States Code.

    PART III--BUREAU OF TRANSPORTATION STATISTICS AND MISCELLANEOUS 
                                PROGRAMS

SEC. 631. BUREAU OF TRANSPORTATION STATISTICS.

  (a) In General.--Section 111 of title 49, United States Code, is 
amended--
          (1) by striking the second sentence of subsection (b)(4);
          (2) in subsection (c)(1)--
                  (A) in subparagraph (J) by striking ``and'' at the 
                end;
                  (B) in subparagraph (K) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(L) transportation-related variables influencing 
                global competitiveness.'';
          (3) in subsection (c)(2)--
                  (A) by striking ``national transportation system'' in 
                the first sentence and inserting ``Nation's 
                transportation systems'';
                  (B) 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 Nation's transportation systems under the 
                Government Performance and Results Act of 1993 (107 
                Stat. 285 et seq.);''; and
                  (C) in subparagraph (C) by inserting ``, made 
                relevant to the States and metropolitan planning 
                organizations,'' after ``accuracy'';
          (4) in subsection (c)(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 (107 Stat. 285 
        et seq.), and shall undertake such other reviews as may be 
        requested by the Secretary.'';
          (5) in subsection (c) by adding at the end the following:
          ``(7) Supporting transportation decisionmaking.--Ensuring 
        that the statistics compiled under paragraph (1) are relevant 
        for transportation decisions by Federal, State, and local 
        governments, transportation-related associations, private 
        businesses, and consumers.'';
          (6) by redesignating subsections (d), (e), and (f) as 
        subsections (h), (i) and (j), respectively;
          (7) by striking subsection (g); and
          (8) by inserting after subsection (c) the following:
  ``(d) Intermodal Transportation Data Base.--The Director shall 
establish and maintain an intermodal transportation data base. The data 
base shall be suitable for analyses conducted by the Federal 
Government, the States, and metropolitan planning organizations. The 
data base shall include, at a minimum--
          ``(1) information on the volumes and patterns of movement of 
        goods, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification;
          ``(2) information on the volumes and patterns of movement of 
        people, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification; and
          ``(3) information on the location and connectivity of 
        transportation facilities and services and a national 
        accounting of expenditures and capital stocks on each mode of 
        transportation and intermodal combinations.
  ``(e) National Transportation Library.--The Director shall establish 
and maintain a national transportation library containing a collection 
of statistical and other information needed for transportation 
decisionmaking at the Federal, State, and local levels.
  ``(f) National Transportation Atlas Data Base.--The Director shall 
develop and maintain geographic data bases depicting transportation 
networks; flows of people, goods, vehicles, and craft over those 
networks; and social, economic, and environmental conditions affecting 
or affected by those networks. These data bases shall be able to 
support intermodal network analysis.
  ``(g) Research and Development Grants.--The Secretary may make grants 
to, or enter into cooperative agreements or contracts with, public and 
nonprofit private entities to support the programs and activities of 
the Bureau.'';
          (9) by striking subsection (i), as so redesignated, and 
        inserting the following:
  ``(i) Prohibition on Certain Disclosures.--
          ``(1) Information obtained under long-term data collection 
        program.--An officer or employee of the Bureau may not--
                  ``(A) make any publication in which the data 
                furnished by an individual or organization under 
                paragraph (c)(2) can be identified;
                  ``(B) use the information furnished under the 
                provisions of subsection (c)(2) for a nonstatistical 
                purpose; or
                  ``(C) permit anyone other than the individuals 
                authorized by the Director to examine individual 
                reports furnished under subsection (c)(2).
          ``(2) Copies of reports.--No department, bureau, agency, 
        officer, or employee of the United States, except the Director 
        in carrying out the purpose of this section, shall require, for 
        any reason, copies of reports which have been filed under 
        subsection (c)(2) with the Bureau or retained by any individual 
        respondent. Copies of such reports which have been so retained 
        or filed with the Bureau or any of its employees, contractors, 
        or agents shall be immune from legal process, and shall not, 
        without the consent of the individual concerned, be admitted as 
        evidence or used for any purpose in any action, suit, or other 
        judicial or administrative proceeding. This paragraph shall 
        only apply to information that permits information concerning 
        an individual or organization to be reasonable inferred by 
        direct or indirect means.
          ``(3) Collection of data for nonstatistical purposes.--In a 
        case in which the Bureau is authorized by statute to collect 
        data or information for nonstatistical purposes, the Director 
        shall clearly distinguish the collection of such data or 
        information by rule, and on the collection instrument, to 
        inform a respondent requested or required to supply the data or 
        information of the nonstatistical purposes.''; and
          (10) by adding at the end the following:
  ``(k) Data Product Sales Proceeds.--Notwithstanding section 3302 of 
title 31, United States Code, funds received by the Bureau from the 
sale of data products may be credited to the Highway Trust Fund (other 
than the Mass Transit Account) and shall be available for the purpose 
of reimbursing the Bureau for such expenses.
  ``(l) Funding.--
          ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) $31,000,000 for each of fiscal years 
        1998 through 2003 to carry out this section, except that 
        amounts for activities under subsection (g) may not exceed 
        $500,000 in any fiscal year. Amounts made available under this 
        subsection shall remain available for a period of 3 fiscal 
        years.
          ``(2) 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.''.
  (b) Conforming Amendment.--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. 632. 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) Use of concrete pavement.--
                  (A) In general.--The Secretary shall conduct research 
                on improved methods of using concrete pavement in the 
                construction, reconstruction, and repair of Federal-aid 
                highways.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(H) of this Act, $10,000,000 per fiscal year 
                shall be available to carry out this paragraph.
          (2) 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 
                127(a)(3)(H) of this Act, $700,000 per fiscal year 
                shall be available to carry out this paragraph.
          (3) Steel bridge construction.--
                  (A) In general.--The Secretary shall make grants for 
                research and construction to improve and demonstrate 
                the use of steel bridge construction.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(H) of this Act, $10,000,000 per fiscal year 
                shall be available to carry out this paragraph.
                  (C) Federal share.--The Federal share payable on 
                account of construction activities carried out using a 
                grant made under this paragraph shall be 80 percent of 
                the cost of such activities.
          (4) Use of asphalt pavement.--
                  (A) In general.--The Secretary shall conduct research 
                on improved methods of using asphalt pavement in the 
                construction, reconstruction, and repair of Federal-aid 
                highways.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(H) of this Act, $10,000,000 per fiscal year 
                shall be available to carry out this paragraph.
          (5) Use of hazardous materials monitoring systems.--
                  (A) 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.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(I) of this Act, $1,500,000 per fiscal year 
                shall be available to carry out this paragraph.
          (6) 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 
                127(a)(3)(I) of this Act, $700,000 per fiscal year 
                shall be available to carry out this paragraph.
          (7) Outreach and technology transfer activities.--
                  (A) In general.--The Secretary shall continue to 
                support the Urban Consortium's ITS outreach and 
                technology transfer activities.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(H) of this Act, $500,000 per fiscal year 
                shall be available to carry out this paragraph.
          (8) 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 
                127(a)(3)(H) of this Act, $1,000,000 per fiscal year 
                shall be available to carry out this paragraph.
          (9) Great lakes its implementation.--
                  (A) In general.--The Secretary shall make grants 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.
                  (B) Funding.--Of the amounts allocated for each of 
                fiscal years 1998 through 2003 under section 657(a) of 
                this Act, $2,000,000 per fiscal year shall be available 
                to carry out this paragraph.
          (10) Northeast its implementation.--
                  (A) In general.--The Secretary shall make grants 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 allocated for each of 
                fiscal years 1998 through 2003 under section 657(a) of 
                this Act, $5,000,000 per fiscal year shall be available 
                to carry out this paragraph.
          (11) Composite materials.--
                  (A) In general.--The Secretary shall conduct research 
                in the use of composite materials for guardrails and 
                bridge decking.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(F) of this Act, $700,000 per fiscal year 
                shall be available to carry out this paragraph.
          (12) Intelligent transportation infrastructure.--
                  (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 
                located in the 2 largest metropolitan areas in the 
                State of Pennsylvania.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1998 through 2003 by section 
                127(a)(3)(H) of this Act, $1,700,000 per fiscal year 
                shall be available to carry out this paragraph.
                  (C) Federal share.--The Federal share payable on 
                account of the program carried out under this paragraph 
                shall be 80 percent of the cost of such program.
          (13) 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 127(a)(3)(H) 
                of this Act, $500,000 per fiscal year shall be 
                available to carry out this paragraph.
          (14) Recycled materials.--
                  (A) In general.--The Secretary shall make grants to 
                the University of New Hampshire to continue research on 
                the use of recycled materials in the construction of 
                transportation projects.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 1999 through 2003 by section 
                127(a)(3)(F) of this Act, $1,000,000 per fiscal year 
                shall be available to carry out this paragraph.
          (15) Translink.--
                  (A) In general.--The Secretary shall make grants to 
                the Texas Transportation Institute to continue the 
                Translink Research program.
                  (B) Funding.--Of the amounts allocated for each of 
                fiscal years 1999 through 2001 under section 657(a) of 
                this Act, $1,300,000 per fiscal year shall be available 
                to carry out this paragraph.
          (16) 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 
                127(a)(3)(F) of this Act, $3,000,000 per fiscal year 
                shall be available to carry out this paragraph.
          (17) National center for transportation management, research, 
        and development.--
                  (A) In general.--The Secretary shall make grants to 
                design, develop, and implement research, training, and 
                technology transfer activities to increase the number 
                of highly skilled minority individuals and women 
                entering the transportation workforce. The grant 
                recipient shall be an institution with a predominantly 
                minority student population, a dedicated graduatedegree 
program in transportation studies, and a demonstrated record for at 
least 5 years in pursuing the objectives for which grants are 
authorized by this subparagraph.
                  (B) Funding.--Of the amounts made available by 
                section 127(a)(3)(H) of this Act, $1,000,000 shall be 
                available to carry out this paragraph for fiscal year 
                2000, $1,250,000 for fiscal year 2001, $1,500,000 for 
                fiscal year 2002, and $1,750,000 for fiscal year 2003.
          (18) Infrastructure technology institute.--
                  (A) In general.--The Secretary shall make grants to 
                study techniques to evaluate and monitor infrastructure 
                conditions, to improve information systems for 
                infrastructure construction and management, and to 
                study advanced materials and automated processes for 
                constructing and rehabilitating public works 
                facilities. The recipient shall be an institution with 
                a demonstrated record for at least 5 years in pursuing 
                the objectives for which grants are authorized by this 
                subparagraph.
                  (B) Funding.--Of the amounts made available for each 
                of fiscal years 2000 through 2003 by section 
                127(a)(3)(H) of this Act, $3,000,000 per fiscal year 
                shall be available to carry out this paragraph.

             Subtitle B--Intelligent Transportation Systems

SEC. 651. DEFINITIONS.

  As used in this subtitle, the following definitions apply:
          (1) Intelligent transportation systems; its.--The terms 
        ``intelligent transportation systems'' and ``ITS'' mean 
        electronics, communications, or information processing used 
        singly or in combination to improve the efficiency and safety 
        of surface transportation systems.
          (2) Intelligent transportation infrastructure.--The term 
        ``intelligent transportation infrastructure'' means fully 
        integrated public sector ITS components, as defined by the 
        Secretary.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.
          (4) State.--The term ``State'' has the meaning given such 
        term under section 101 of title 23, United States Code.

SEC. 652. SCOPE OF PROGRAM.

  (a) Scope.--Subject to the provisions of this subtitle, the Secretary 
shall conduct an ongoing ITS program to research, develop, and 
operationally test intelligent transportation systems and advance 
nationwide deployment of such systems as a component of the Nation's 
surface transportation systems.
  (b) Goals.--The goals of the ITS program include--
          (1) enhancement of surface transportation efficiency to 
        enable existing facilities to meet a significant portion of 
        future transportation needs and to reduce regulatory, 
        financial, and other transaction costs to public agencies and 
        system users;
          (2) enhancement of safe operation of motor vehicles, 
        including motorcycles, and nonmotorized vehicles on the 
        Nation's surface transportation systems, with a 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 States to attain air quality goals 
        established pursuant to the Clean Air Act (42 U.S.C. 7401 et 
        seq.);
          (4) accommodation of the needs of all users of the Nation's 
        surface transportation systems, including the operators of 
        commercial vehicles, passenger vehicles, and motorcycles;
          (5) improvement of public access to employment, goods, and 
        services;
          (6) development of a technology base and necessary standards 
        and protocols for intelligent transportation systems;
          (7) improvement of the Nation's ability to respond to 
        emergencies and natural disasters and enhancement of national 
        defense mobility; and
          (8) promotion of the access and use of data collected from 
        projects conducted under the program by public and private 
        organizations.

SEC. 653. GENERAL AUTHORITIES AND REQUIREMENTS.

  (a) Cooperation and Consultation Requirements.--
          (1) Cooperation with governmental, private, and educational 
        entities.--The Secretary shall carry out the ITS program in 
        cooperation with State and local governments and other public 
        entities, the United States private sector, and colleges and 
        universities, including historically black colleges and 
        universities and other minority institutions of higher 
        education.
          (2) Consultation with federal officials.--In carrying out the 
        ITS 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.
  (b) Standards.--
          (1) Development of national its architecture.--The Secretary 
        shall develop, implement, and maintain a national ITS 
        architecture and standards and protocols to promote the 
        widespread use and evaluation of ITS technology as a component 
        of the Nation's surface transportation systems.
          (2) Interoperability among its technologies.--The national 
        ITS architecture shall promote interoperability among ITS 
        technologies implemented throughout the States.
          (3) Use of services of standards-setting organizations.--In 
        carrying out this subsection, the Secretary may use the 
        services of standards-setting organizations.
          (4) Establishment of dedicated short-range vehicle to wayside 
        wireless standard.--In carrying out this subsection, the 
        Secretary, in consultation with the Secretary of Commerce, the 
        Secretary of Defense, and the Federal Communications 
        Commission, shall take such actions as may be necessary to 
        secure the necessary spectrum for the near-term establishment 
        of a dedicated short-range vehicle to wayside wireless 
        standard.
  (c) Evaluations.--
          (1) Guidelines and requirements.--The Secretary shall issue 
        guidelines and requirements for the evaluation of field and 
        related operational tests carried out under section 655 of this 
        Act.
          (2) Objectivity and independence.--The guidelines and 
        requirements issued under paragraph (1) shall include 
        provisions to ensure the objectivity and independence of the 
        evaluator and to avoid any real or apparent conflict of 
        interest or potential influence on the outcome by parties to 
        the tests or any other formal evaluation conducted under this 
        subtitle.
  (d) Information Clearinghouse.--
          (1) Establishment.--The Secretary shall establish and 
        maintain a repository for technical and safety data collected 
        as a result of federally-sponsored projects under this subtitle 
        and shall make, upon request, such information (except for 
        proprietary information and data) readily available to all 
        users of the repository at an appropriate cost.
          (2) Delegation of authority.--The Secretary may delegate the 
        responsibility of the Secretary under this subsection, with 
        continuing oversight by the Secretary, to an appropriate entity 
        that is not within the Department of Transportation. Any entity 
        to which such responsibility is delegated shall be eligible for 
        Federal assistance under this subtitle.
  (e) Advisory Committees.--
          (1) In general.--The Secretary may utilize 1 or more advisory 
        committees in carrying out this subtitle.
          (2) Applicability of federal advisory committee act.--Any 
        advisory committee utilized under this subsection shall be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App., 
        86 Stat. 770).
          (3) Funding.--Funding provided for an advisory committee 
        utilized under this subsection shall be available from moneys 
        appropriated for advisory committees as specified in relevant 
        appropriations Acts and from funds allocated for research, 
        development, and implementation activities in connection with 
        the ITS program.
  (f) Conformity With Standards.--
          (1) In general.--The Secretary shall ensure that ITS projects 
        carried out using funds made available out of the Highway Trust 
        Fund conform to the national ITS architecture and standards and 
        protocols developed under subsection (b).
          (2) Exception.--Paragraph (1) shall not apply to projects 
        carried out using funds authorized for specific research 
        objectives in the National ITS Program Plan under section 654 
        of this Act.
  (g) Life-Cycle Cost Analysis.--The Secretary shall require an 
analysis of the life-cycle costs of each project carried out using 
funds made available under this subtitle, and each project authorized 
in section 656 of this Act, for operations andmaintenance of ITS 
elements, where the total initial capital costs of the such elements 
exceed $3,000,000.
  (h) 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 its projects carried out using funds 
        made available from the Highway Trust Fund, including 
        innovative and nontraditional methods of procurement.
          (2) ITS 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 ITS software.

SEC. 654. NATIONAL ITS PROGRAM PLAN.

  (a) National ITS Program Plan.--
          (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 deployment of intelligent transportation 
                infrastructure in the context of major metropolitan 
                areas, smaller metropolitan and rural areas, and 
                commercial vehicle information systems and networks;
                  (B) specify how specific programs and projects relate 
                to the goals, objectives, and milestones referred to in 
                subparagraph (A), including consideration of the 5-, 
                10-, and 20-year timeframes for the goals and 
                objectives;
                  (C) establish a course of action necessary to achieve 
                the program's goals and objectives;
                  (D) provide for the evolutionary development of 
                standards and protocols to promote and ensure 
                interoperability in the implementation of ITS 
                technologies; and
                  (E) establish a cooperative process with State and 
                local governments for determining desired surface 
                transportation system performance levels and developing 
                plans for national incorporation of specific ITS 
                capabilities into surface transportation systems.
  (b) Implementation Reports.--Not later than 1 year after the date of 
the enactment of this Act, and biennially thereafter, 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 on implementation of the National 
ITS Program Plan.

SEC. 655. TECHNICAL ASSISTANCE, PLANNING, RESEARCH, AND OPERATIONAL 
                    TESTS.

  (a) Technical Assistance, Training, and Information.--The Secretary 
may provide technical assistance, training, and information to State 
and local governments seeking to implement, operate, maintain, and 
evaluate ITS technologies and services.
  (b) Transportation Planning.--The Secretary may provide funding to 
support adequate consideration of transportation system management and 
operations, including ITS, within metropolitan and statewide 
transportation planning processes.
  (c) Research and Operational Tests.--The Secretary may provide 
funding for research and operational tests relating to ITS.
  (d) Demonstration and Evaluation of Intelligent Vehicle Highway 
Systems.--The Secretary may conduct research and development activities 
for the purpose of demonstrating integrated intelligent vehicle highway 
systems and roadway safety systems. Such research shall include state-
of-the-art systems and shall integrate collision avoidance, in-vehicle 
information, and other safety related systems (including 
infrastructure-based systems). Development work shall incorporate human 
factors research findings.

SEC. 656. ITS DEPLOYMENT.

  (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--The Secretary shall conduct a program to promote the 
deployment of regionally integrated, intermodal intelligent 
transportation systems and, through financial and technical assistance 
under this subtitle, shall assist in the development and implementation 
of such systems.
  (b) Goals.--In accordance with the National ITS Program Plan under 
section 654 of this Act, the Secretary shall provide incentives for the 
deployment of integrated applications of intermodal, intelligent 
transportation infrastructure and system technologies to--
          (1) stimulate sufficient deployment to validate and 
        accelerate the establishment of national ITS standards and 
        protocols;
          (2) realize the benefits of regionally integrated, intermodal 
        deployment of intelligent transportation infrastructure and 
        commercial vehicle operations, including electronic border 
        crossing applications; and
          (3) motivate innovative approaches to overcoming non-
        technical constraints or impediments to deployment.
  (c) Project Selection.--In order to be eligible for funding under 
this section, a project shall--
          (1) contribute to national deployment goals and objectives 
        outlined in the National ITS Program Plan under section 654 of 
        this Act;
          (2) demonstrate a strong commitment to cooperation among 
        agencies, jurisdictions, and the private sector, as evidenced 
        by signed memorandums of understanding that clearly define the 
        responsibilities and relation of all parties to a partnership 
        arrangement, including institutional relationships and 
        financial agreements needed to support deployment, and 
        commitment to the criteria provided in paragraphs (3) through 
        (7);
          (3) demonstrate commitment to a comprehensive plan of fully 
        integrated ITS deployment in accordance with the national ITS 
        architecture and standards and protocols established under 
        section 653(b) of this Act;
          (4) be 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 Federal funds are sought;
          (5) minimize the relative percentage and amount of Federal 
        contributions under this section to total project costs;
          (6) ensure continued, long-term operations and maintenance 
        without continued reliance on Federal funding under this 
        subtitle, along with documented evidence of fiscal capacity and 
        commitment from anticipated public and private sources;
          (7) demonstrate technical capacity for effective operations 
        and maintenance or commitment to acquiring necessary skills; 
        and
          (8) identify the impacts on bicycle and pedestrian 
        transportation and safety and evaluate options to mitigate any 
        adverse impacts on bicycle and pedestrian transportation and 
        safety.
  (d) Funding Limitations.--
          (1) Projects in metropolitan areas.--Funding under this 
        section for intelligent transportation infrastructure projects 
        in metropolitan areas shall be limited to activities primarily 
        necessary to integrate intelligent transportation 
        infrastructure elements either deployed or to be deployed with 
        other sources of funds.
          (2) Other projects.--For commercial vehicle projects and 
        projects outside metropolitan areas, funding provided under 
        this subtitle may also be used for installation of intelligent 
        transportation infrastructure elements.
          (3) Fiscal year limitations.--Of the amounts made available 
        to carry out this section in a fiscal year--
                  (A) not more than $15,000,000 may be used for 
                projects in a metropolitan area;
                  (B) not more than $2,000,000 may be used for a 
                project in a rural area;
                  (C) not more than $5,000,000 may be used for a 
                commercial vehicle information system and network 
                project; and
                  (D) not more than $35,000,000 may be used for 
                projects in a State.
          (4) Priorities.--In providing funding for projects under this 
        section, the Secretary shall allocate--
                  (A) not less than 25 percent of the funds made 
                available to carry out this section to eligible State 
                and local entities for the implementation of commercial 
                vehicle information systems and networks, and 
                international border crossing improvements, in support 
                of public sector commercial vehicle operations 
                nationwide; and
                  (B) not less than 10 percent of such funds for other 
                intelligent transportation infrastructure deployment 
                activities outside of metropolitan areas.

SEC. 657. FUNDING ALLOCATIONS.

  (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--
          (1) Allocation.--Of the amounts made available for each of 
        fiscal years 1998 through 2003 by section 127(a)(3)(I) of this 
        Act, $75,000,000 per fiscal year shall be available to carry 
        out section 656 of this Act.
          (2) Use of unallocated amounts.--In addition to amounts made 
        available by subsection (b), any amounts made available under 
        paragraph (1) and not allocated by the Secretary for carrying 
        out section 656 of this Act may be used by the Secretary for 
        carrying out other activities authorized under this subtitle.
  (b) ITS Research and Program Support Activities.--Of the amounts made 
available for each of fiscal years 1998 through 2003 by section 
127(a)(3)(I) of this Act, $100,000,000 per fiscal year shall be 
available to carry out multi-year research and technology development 
initiatives under this subtitle (other than projects under section 656 
of this Act).
  (c) Federal Share Payable.--
          (1) Intelligent transportation infrastructure deployment 
        incentives program.--For activities funded with amounts 
        allocated under subsection (a), the Federal share payable from 
        such amounts shall not exceed 50 percent of the costs of the 
        activities, and the total Federal share payable from all 
        eligible sources (including subsection (a)) shall not exceed 80 
        percent of the costs of the activities.
          (2) Other programs.--For activities funded with amounts 
        allocated under subsection (b), unless the Secretary determines 
        otherwise, the Federal share payable on account of such 
        activities shall not exceed 80 percent of the costs of the 
        activities.
          (3) Long-range activities.--For long-range activities 
        undertaken in partnership with private entities for the 
        purposes of section 655(d) of this Act, the Federal share 
        payable from funds allocated under this subtitle on account of 
        such activities shall not exceed 50 percent of the costs of the 
        activities, and the total Federal share payable from all 
        eligible sources (including subsection (a)) shall not exceed 80 
        percent of the costs of the activities.
          (4) Participation of other public and private sources.--The 
        Secretary shall seek maximum participation in the funding of 
        activities under this subtitle from other public and private 
        sources, and shall minimize the use of funds provided under 
        this subtitle for the construction or long-term acquisition of 
        buildings and grounds.
  (d) Advanced Traffic Monitoring and Response Center.--
          (1) 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 
        the entire Pennsylvania Turnpike system and I-81, coordinate 
        emergency response with State and local governments in the 
        Central Pennsylvania Region, and conduct research.
          (2) Funding.--Of the amounts made available for each of 
        fiscal years 1998 through 2003 by section 127(a)(3)(H) of this 
        Act, $1,667,000 per fiscal year shall be available to carry out 
        this subsection.

SEC. 658. GLOBAL POSITIONING SATELLITE DATA.

  (a) Moratorium.--Before the last day of the 2-year period beginning 
on the date of enactment of this Act or the 90th day after a study has 
been submitted under subsection (c), whichever is later, records 
produced by global positioning satellite systems shall not be 
subpoenaed or otherwise used by the Secretary in enforcement cases to 
verify compliance with hours-of-service requirements for employees of 
motor carriers.
  (b) Exceptions to Moratorium.--Notwithstanding subsection (a), the 
Secretary may use such records in a case in which any of the following 
conditions exist:
          (1) Global positioning satellite systems are a motor 
        carrier's primary method of maintaining or verifying records of 
        duty status.
          (2) State or Federal safety officials are investigating the 
        cause of a fatal crash involving a motor carrier.
          (3) A motor carrier has an unacceptable safety profile as 
        determined by the Secretary and the Secretary gives approval 
        for an examination of the global positioning satellite records.
In carrying out this subsection, the Secretary may seek access to data 
from an information technology provider only if access to such data 
cannot be obtained from the motor carrier.
  (c) Independent Assessment.--
          (1) In general.--The Secretary shall contract with an entity 
        that is independent of the Department of Transportation to 
        conduct a study to identify, examine, and evaluate current and 
        future issues and policies related to government access to data 
        produced by electronic systems for motor carriers. The entity 
        shall have demonstrated knowledge about the motor carrier 
        industry, motor carrier safety regulations, and the electronic 
        information industry.
          (2) Inspector General.--The Office of the Inspector General 
        of the Department of Transportation shall approve the statement 
        of work of the entity referred to in paragraph (1) and approve 
        the contract award under paragraph (1). In carrying out its 
        responsibilities under this paragraph, the Office of the 
        Inspector General shall perform such overview and validation or 
        verification of data as may be necessary to ensure that the 
        study to be conducted under paragraph (1) meets the 
        requirements of paragraph (1).
          (3) Deadline.--The study to be conducted under paragraph (1) 
        shall be completed not later than 2 years after the date of the 
        enactment of this Act. A report containing the results of the 
        study shall be submitted to the Secretary and Congress.
          (4) Funding.--Of amounts made available under section 
        127(a)(3)(H), $100,000 for fiscal year 1998, $200,000 for 
        fiscal year 1999, and $200,000 for fiscal year 2000 shall be 
        available to carry out this subsection.

SEC. 659. REPEAL.

  Part B of title VI of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 2189-2195) is repealed.

                     TITLE VII--TRUTH IN BUDGETING

SEC. 701. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND.

  Notwithstanding any other provision of law (except the Line Item Veto 
Act of 1996), the receipts and disbursements of the Highway Trust Fund 
established by section 9503 of the Internal Revenue Code of 1986--
          (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                  (A) the budget of the United States Government as 
                submitted by the President,
                  (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein), or
                  (C) the Balanced Budget and Emergency Deficit Control 
                Act of 1985; and
          (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government.

SEC. 702. APPLICABILITY.

  This title shall apply to fiscal years beginning after September 30, 
1997.

            TITLE VIII--RECREATIONAL BOATING SAFETY PROGRAM

SEC. 801. SHORT TITLE.

  This title may be cited as the ``Recreational Boating Safety 
Improvement Act of 1998''.

SEC. 802. AMENDMENTS RELATING TO RECREATIONAL BOATING SAFETY PROGRAM.

  (a) In General.--Section 13106 of title 46, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) by striking ``(1)'' and all that follows through 
                the first sentence and inserting the following: 
                ``Except as provided in subsection (c) and subject to 
                such amounts as are provided in appropriations laws, 
                the Secretary may expend for each fiscal year the 
                amount transferred for such fiscal year to the Boat 
                Safety Account under section 9503(c)(4) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 9503(c)(4)).''; and
                  (B) by striking paragraph (2); and
          (2) by striking subsection (c) and inserting the following:
  ``(c)(1) Of the amount transferred for each fiscal year to the Boat 
Safety Account under section 9503(c)(4) of the Internal Revenue Code of 
1986 (26 U.S.C. 9503(c)(4))--
          ``(A) up to two percent is available to the Secretary to pay 
        the costs of investigations, personnel, and activities related 
        to administering State recreational boating safety programs;
          ``(B) up to two percent is available to the Secretary to 
        ensure compliance with chapter 43 of this title; and
          ``(C) up to three percent is available to the Secretary to 
        establish, operate, and maintain aids to navigation that 
        promote primarily recreational boating safety.
  ``(2) Amounts made available by this subsection shall remain 
available until expended.''.
  (b) Comprehensive Surveys.--Section 13103(c) of title 46, United 
States Code, is amended--
          (1) by inserting ``(1)'' after ``(c)''; and
          (2) by adding at the end the following:
  ``(2) The Secretary shall use amounts allocated under this subsection 
to conduct and report to the 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. The amount 
expended for each survey may not exceed 50 percent of the amounts 
allocated under this subsection for the fiscal year in which the survey 
is conducted.''.
  (c) Requirement To Use State Program Assistance for Certain Public 
Access Facilities.--Section 13106 of title 46, United States Code, is 
amended by adding at the end the following:
  ``(d)(1) The Secretary shall require that of the amount appropriated 
for a fiscal year to which this subsection applies that is allocated 
and distributed under this chapter for State recreational boating 
safety programs, the amount described in paragraph (2) shall be 
available only for use pursuant to subsection (b)(4) for public access 
facilities for transient nontrailerable recreational vessels.
  ``(2) The amount referred to in paragraph (1) is equal to five 
percent of the portion of sums appropriated for the fiscal year to 
carry out this chapter that is in excess of $35,000,000.
  ``(3) This subsection applies to any fiscal year for which the total 
amount appropriated to carry out this chapter exceeds $35,000,000.''.
  (d) Effective Date.--This section shall take effect October 1, 1998.

                          TITLE IX--RAILROADS

SEC. 901. 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. 902. 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 $25,000,000 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. 903. MIAMI-ORLANDO-TAMPA CORRIDOR PROJECT.

  There are authorized to be appropriated to the Secretary of 
Transportation $200,000,000, to be made available to the Florida 
Department of Transportation to reimburse the Florida Overland Express 
project in the Miami-Orlando-Tampa corridor for capital costs of that 
project. The Florida Department of Transportation shall deposit funds 
received under this section into a separate account which shall, to the 
extent not yet required for the purposes of this section, be invested 
in United States Treasury securities. Funds authorized under this 
section shall not be counted in calculating the allocation to the State 
of Florida under section 111.

SEC. 904. 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.

SEC. 905. RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH SPEED 
                    RAIL CORRIDORS.

  There is authorized to be appropriated to carry out section 104(d)(2) 
of title 23, United States Code, $5,250,000 for each of fiscal years 
1998 through 2003.

SEC. 906. 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, 
        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 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.
          ``(C) The cost of a loan guarantee shall be the net present 
        value when a guaranteed loan is disbursed, of the following 
        cash flows:
                  ``(i) Estimated payments by the Government to cover 
                defaults and delinquencies, interest subsidies, or 
                other payments.
                  ``(ii) Estimated payments to the Government, 
                including origination and other fees, penalties, and 
                recoveries.
          ``(D) Any Government action that alters the estimated net 
        present value of an outstanding direct loan or loan guarantee 
        (except modifications within the terms of existing contracts or 
        through other existing authorities) shall be counted as a 
        change in the cost of that direct loan or loan guarantee. The 
        calculation of such changes shall be based on the estimated 
        present value of the direct loan or loan guarantee at the time 
        of modification.
          ``(E) In estimating net present values, the discount rate 
        shall be the average interest rate on marketable Treasury 
        securities of similar maturity to the direct loan or loan 
        guarantee for which the estimate is being made.
          ``(2) 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. The term does not include the acquisition of a 
        federally guaranteed loan in satisfaction of default claims.
          ``(3) 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.
          ``(4) 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.
          ``(5) 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.
          ``(6) 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.

``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 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 $5,000,000,000 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.
  ``(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 the 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.

           TITLE X--CONDITIONS FOR IMPLEMENTATION OF FUNDING

SEC. 1001. CONDITIONS FOR IMPLEMENTATION OF FUNDING.

  (a) Purpose.--The purpose of this section is to ensure that all 
additional spending provided by this Act above the levels assumed for 
those programs under section 257 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 in the baseline projections contained in 
the Congressional Budget Office document entitled ``Revised Baseline 
Budget Projections for Fiscal Years 1999-2008,'' dated March 3, 1998, 
except that for programs with discretionary outlays the projections 
shall assume obligation authority at the 1998 enacted level and that 
the programs shall be adjusted for the transfer of general fund 
programs to the trust fund, is fully offset through mandatory and 
discretionary offsets set forth in this Act.
  (b) Duty Imposed on Secretary.--The Secretary of Transportation shall 
not apportion, allocate, or obligate any funds authorized or provided 
by this Act unless it contains a section stating that the conditions 
set forth in subsection (c) have been met.
  (c) Enumeration of Specific Conditions.--The conditions referred to 
in subsection (b) are that this Act shall contain provisions that 
offset any increase in outlays from the Highway Trust Fund caused by 
this Act above the levels assumed for those programs under section 257 
of the Balanced Budget and Emergency Deficit Control Act of 1985 in the 
baseline projections contained in the Congressional Budget Office 
document entitled ``Revised Baseline Budget Projections for Fiscal 
Years 1999-2008,'' dated March 3, 1998, except that for programs with 
discretionary outlays the projections shall assume obligation authority 
at the 1998 enacted level and that the programs shall be adjusted for 
the transfer of general fund programs to the trust fund, by reducing 
mandatory and discretionary spending.

                           TITLE XI--REVENUES

                                Purpose

    The purpose of this legislation, titled the Building 
Efficient Surface Transportation and Equity Act of 1998 
(BESTEA), is to provide the necessary funding and policy 
framework to ensure that we better address America's 
transportation needs as we enter the 21st century. This 
innovative legislation establishes fiscally sound funding 
levels, focuses Federal resources on national priorities, 
improves safety, equitably distributes funds among States and 
metropolitan areas, benefits rural and urban America, enhances 
the environment, provides flexibility to States and local 
areas, streamlines program delivery, and advances technology 
development.

                          Background and Need

           providing critical surface transportation funding

    The Intermodal Surface Transportation Efficiency Act of 
1991 (ISTEA), which authorized the nation's surface 
transportation laws for a six-year period, expired on September 
30, 1997. ISTEA, a milestone in the nation's transportation 
history, provided the transition from a Federal program based 
on completion of the Interstate system to a new Federal-State-
local partnership focused on balancing national systems of 
transportation and State and local empowerment. The 
reauthorization of ISTEA will shape the direction for surface 
transportation policy into the 21st century and beyond.
    The top priority of the Committee on Transportation and 
Infrastructure for the 105th Congress has been the timely 
reauthorization of ISTEA. The Committee held a series of 
hearings on ISTEA reauthorization last year, focusing on our 
nation's highway, highway safety and transit needs, the 
operation of the Federal-aid highway and transit grant programs 
and the status of the Highway Trust Fund. The outcome of these 
hearings was a clear message that our nation's transportation 
needs are not being met and the current funding levels are 
inadequate to ensure the efficient and safe movement of people, 
goods and services.
    The Department of Transportation's recently released 1997 
Condition and Performance Report confirms the significance of 
America's transportation needs. According to the report, just 
maintaining highway user costs at 1995 levels and the current 
state of bridge deficiencies would require $46.1 billion 
annually. To Implement cost beneficial improvements on highways 
and eliminate bridge deficiencies would require $79.6 billion 
annually. Maintaining transit conditions and performance at 
1995 levels would require $9.7 billion annually and improving 
conditions and performance would require $14.2 billion 
annually. This report underscores the importance of the BESTEA 
funding levels. BESTEA's investments, together with State and 
local government investment, will enable our nation's states 
and localities to make the transportation improvements for our 
nation to maintain its economic competitiveness and ensure 
mobility for all our citizens.
    BESTEA reauthorizes surface transportation programs through 
fiscal year 2003. This legislation authorizes a total of $217 
billion in contract authority from the Highway Trust Fund--$181 
billion for highways and highway safety, and $36 billion for 
transit. BESTEA is almost exclusively funded from the Highway 
Trust Fund. The Highway Trust Fund, like other transportation 
trust funds, is different from most Federal programs because it 
is user-fee funded and supported by motor fuel and other excise 
taxes. The Highway Trust Fund was created in 1956 to provide a 
self-financing mechanism for transportation investments. In 
1982, Congress established a Mass Transit Account as part of 
the Highway Trust Fund to help finance Federal public transit 
investment. Contract authority is provided from the Trust Fund 
to enable States and local governments to plan for future 
transportation projects and manage existing projects. In fiscal 
year 1997, a total of $23.9 billion in tax revenues and $1.4 
billion in interest was deposited in the Highway Trust Fund. 
With the redirection of the 4.3 cent fuel tax that had been 
dedicated to deficit reduction, the amounts deposited into the 
Highway Trust Fund will increase to $33 billion in tax revenues 
in fiscal year 2000 and nearly $2.2 billion in interest will 
accrue.
    The Subcommittee on Surface Transportation considered and 
marked up BESTEA on September 10, 1997 and the Committee marked 
up the bill on September 24, 1997. Prior to ordering the bill 
reported, however, the Committee suspended further action on 
the bill because of concerns that the amount of funding 
authorized in the legislation exceeded the budget allocation 
for transportation included in the fiscal year 1998 budget 
agreement. At that time, the Committee approved H.R. 2516--a 
short-term extension to ensure Highway Trust Fund resources 
continued to flow to the States and metropolitan areas until a 
long-term reauthorization bill with adequate spending could be 
enacted. The House and Senate subsequently agreed to a short-
term extension--The Surface Transportation Extension Act of 
1997 (S. 1519)--which passed both houses and was signed into 
law by the President on December 1, 1997 (P.L. 105-130).
    On March 24, 1998, the Committee resumed and completed its 
markup of BESTEA. It is important to note that the funding 
levels in BESTEA are fully supported by trust fund revenues and 
are consistent with the balanced budget agreement. The only 
reason the funding levels in BESTEA could not be met at the 
time of the September 24, 1997 markup was due to the budgetary 
treatment of the Highway Trust Fund and the fact that spending 
from the Trust Fund is being constrained to mask the size of 
the deficit. The Committee has long been concerned about using 
the Trust Fund for such purposes and has for many years 
supported taking the Highway Trust Fund and other 
transportation trust funds off budget so that there would be 
less incentive to use trust fund surpluses to mask the size of 
the Federal deficit. On April 17, 1996, the House of 
Representatives passed the Truth in Budgeting Act (H.R. 842) by 
a vote of 284-143. Identical legislation (H.R. 4) was 
introduced in the 105th Congress and currently has 247 
cosponsors. BESTEA includes the text of H.R. 4 with regard to 
the Highway Trust Fund and would take the Highway Trust Fund 
off budget, thereby restoring ``trust'' to the Trust Fund by 
ensuring that gas taxes Americans pay and are deposited in the 
Highway Trust Fund are used for transportation improvements.

                    focusing on national priorities

    BESTEA builds on ISTEA and strengthens our Federal 
commitment to the national systems of transportation 
facilitating interstate travel. It increases funding by an 
average of 62 percent for the core Interstate and National 
Highway System. It also increases funding for critically 
deficient bridges.
    BESTEA sets the template for reconstruction of the 
Interstate system by eliminating the Interstate reimbursement 
program and replacing it with a high cost Interstate 
reconstruction program. This program provides a total of $4.89 
billion in funding to help States meet extraordinary needs on 
the Interstate system.
    This legislation also establishes a new program to aid in 
the planning, development and construction of multistate 
corridors of national significance. This program will help 
States develop and construct corridors to serve new or emerging 
national needs and facilitate trade.Recognizing the current and 
future impact of NAFTA on trade and safety, BESTEA creates a new border 
infrastructure program to ensure these needs are addressed.
    BESTEA also improves the transit formula and capital 
programs to provide increased resources to transit agencies to 
meet the transit needs of urban, suburban and rural areas and 
to focus resources on transit projects of national and regional 
significance. BESTEA provides $36.7 billion for Federal transit 
programs including $35.8 billion from the Mass Transit Account 
of the Highway Trust Fund and $894 million from the general 
fund. The increased transit funding is intended to better meet 
our nation's transit needs, relieve congestion, improve air 
quality, and ensure mobility for all Americans. Over the six 
years of BESTEA, the legislation provides more than $20 billion 
for the Federal transit formula programs including more than 
$18 billion for the urban program, $1 billion for the rural 
program, and $491 million for the elderly and individuals with 
disabilities program. The legislation also includes $15 billion 
for Federal transit discretionary programs including more than 
$6 billion for New Starts, $6 billion for fixed guideway 
modernization and $3 billion for buses and bus facilities.
    Because of the significant interest in new transit 
construction, BESTEA reforms the transit ``new starts'' project 
approval process to ensure that only those projects with 
national or regional significance are funded. The bill also 
adds new criteria for the Secretary of Transportation to 
consider in approving projects--including population density, 
current transit ridership, supportive land use polices, and the 
extent to which the local financial commitment exceeds the 
required non-Federal share.
    With transportation needs far outweighing available Federal 
funds, BESTEA seeks to ensure that only projects with national 
significance and adequate state and local support are built. As 
a result, BESTEA requires a financial plan for all highway and 
transit projects over $1 billion.

                      MAKING AMERICA'S ROADS SAFER

    BESTEA reflects an unprecedented commitment to improve 
safety on America's highways and reduce the 40,000 annual motor 
vehicle-related deaths. This legislation increases funding for 
the existing safety programs by more than 39 percent from 
fiscal year 1997 appropriated levels and creates several new 
and innovative safety programs that allow States to design 
their own solutions to highway safety problems.
    A total of $5.75 billion is available under this 
legislation for a new formula program that funds safety 
improvements to high risk roads with high accident rates. 
Funding is dedicated to improving safety on these roads and 
projects are only eligible if safety is their primary purpose. 
The legislation also provides a total of $570 million for a new 
border infrastructure and safety improvements program to 
address safety concerns resulting from increased trade related 
to the North American Free Trade Agreement (NAFTA).
    Funding for hazard mitigation projects and rail-highway 
crossing projects is increased by 50 percent in BESTEA. BESTEA 
also provides a total of $109 million for a new occupant 
protection incentive grant program, which includes a 
performance-based approach to reward States with high seatbelt-
use rates. If also strengthens drunk driving protections by, 
among other things, providing increased funding for incentive 
grants and reforming the program to include performance-based 
factors and to target those drunk drivers who pose the highest 
risk on the roads.
    BESTEA also improves safety for commercial motor vehicles. 
The motor carrier safety assistance program has been refined to 
focus on performance-based goals and funding for this program 
is significantly increased. The program has also been adapted 
to permit targeted enforcement of trucks entering the United 
States from Canada and Mexico to ensure that all United States 
safety standards are met.

             DISTRIBUTING FUNDS AMONG THE STATES EQUITABLY

    Because of the higher funding levels in BESTEA, the 
Committee was able to significantly reform the ISTEA highway 
funding formulas to better balance needs and fairness. BESTEA 
greatly improves the return to the donor states by creating a 
true 95 percent minimum allocation--calculated on the basis of 
all formula programs and the high priority projects--which 
would ensure States receive at least 95 percent of their 
percentage contribution to the Highway Trust Fund. H.R. 2400 
also makes the formulas more equitable by eliminating historic 
shares as a formula factor and by no longer taking into account 
a state's discretionary grants for purposes of calculating 
minimum allocation.
    H.R. 2400 reflects the needs of the donee states through 
retention of the ISTEA program structure and the needs-based 
formula factors. It updates the Interstate maintenance formula 
to reflect the size and scope of the current Interstate system 
and to better reflect heavy truck traffic. It retains the 
existing needs-based bridge program formula but reforms it to 
ensure States are accountable for funds transferred out of the 
program. BESTEA replaces the existing equity adjustment to the 
Surface Transportation Program (STP) which brought states up to 
their historic share and replaces it with a new formula that 
takes into account needs. It also adjusts the Congestion 
Mitigation and Air Quality Improvement (CMAQ) program to better 
reflect State and metropolitan area needs.

                   BENEFTTING URBAN AND RURAL AMERICA

    For urban areas, BESTEA retains and strengthens ISTEA's 
provisions by increasing funding for urban areas from the STP 
program, empowering MPOs in urban areas to continue as full 
partners in transportation decisionmaking and project 
selection, providing significant additional funding for urban 
transit systems, and recognizing the need for funding 
flexibility for small urban areas and giving those areas 
flexibility to use their funds for capital and operating 
expenses.
    In rural areas, the bill continues and builds upon ISTEA's 
provisions by providing dedicated funding for rural areas from 
the STP program and giving States additional flexibility to use 
some of those funds on rural roads continuing and increasing 
funding of the off-system bridge set-aside and continuing the 
partnership between rural and State officials in planning and 
project selection and exploring ways to further refine that 
relationship.

                PROTECTING AND ENHANCING THE ENVIRONMENT

    BESTEA continues and strengthens ISTEA's emphasis on the 
environment. The legislation significantly increases funding 
for the CMAQ program while making some minor adjustments to the 
program's eligibility. Funding for each of fiscal years 2000 
through 2003 is 75 percent higher than fiscal year 1997 levels.
    The legislation also retains and strengthens the 
transportation enhancements program by increasing funding and 
adding new activities as eligible transportation enhancement 
activities. Like the CMAQ program, funding for the 
transportation enhancements program for each of fiscal years 
2000 through 2003 is 75 percent higher than ISTEA levels. 
BESTEA also provides special treatment for the transportation 
enhancements and CMAQ programs limiting transferability out of 
the programs to 50 percent of any funding above fiscal year 
1996 and 1997 funding levels, respectively.
    BESTEA also creates a new transit enhancements program to 
provide dedicated funding for projects to improve the transit 
experience such as bicycle and pedestrian facilities and art in 
and around transit stations. In addition, BESTEA enhances the 
environment by crating a new bus technology pilot program that 
includes clean fuel technology.
    This legislation further enhances the environment and 
improves the quality of life of our citizens by encouraging the 
use of alternative modes of transportation such as bicycles and 
significantly increasing funding for recreational trails.

           INCREASING FLEXIBILITY FOR STATES AND LOCAL AREAS

    BESTEA builds on the flexibility and local decisionmaking 
that were the cornerstones of ISTEA by providing true 
flexibility within all ISTEA formula categories. The 
legislation enables States and metropolitan areas to meet their 
programmatic needs by allowing 50 percent transferability 
within highway program categories while providing core 
protections for the CMAQ, enhancements and hazard mitigation 
and rail grade crossing safety programs.
    BESTEA also reduces the number rigidity of ISTEA planning 
factors so that States and metropolitan planning organizations 
(MPOs) have more flexibility to select projects based on their 
goals and objectives. While the legislation maintains the 
importance of the fiscally-constrained transportation 
improvement program, it provides States and MPOs greater 
flexibility to identify where additional resources would be 
spent.
    For the transit program, the legislation gives transit 
authorities and States greater flexibility to spend their 
transit funds and permits a wilder range of transit maintenance 
activities.

                     STREAMLINING PROGRAM DELIVERY

    BESTEA improves the delivery of surface transportation 
programs in several respects. It reforms the project approval 
process to focus DOT oversight resources on extraordinary 
projects and on the Interstate system.
    This legislation also streamlines the environmental review 
process for highway projects without altering our nation's 
environmental law by requiring that all necessary environmental 
reviews occur concurrently where practicable within set time 
periods. It also creates an innovative environmental review 
pilot program to permit the Federal government to delegate 
environmental review under the National Environmental Policy 
Act (NEPA) to a limited number of States for three years.
    BESTEA also eliminates the Major Investment Study (MIS) as 
a stand-alone requirement and integrates the MIS into the NEPA 
process so that the decision on a locally preferred alternative 
for a project can be made at one time in the process.
    This legislation also provides the template for rewarding 
States for investment in their transportation infrastructure by 
directing th development of performance bonuses for States. In 
addition, BESTEA continues the reinvention of DOT by focusing 
Federal Highway Administration decisionmaking authority in the 
States.

                    ADVANCING TECHNOLOGY DEVELOPMENT

    The bill provides over $2.2 billion to ensure America's 
transportation systems utilize the most up-to-date and 
innovative technology available. BESTEA authorizes programs 
that will improve the quality of pavements and structures thus 
ensuring that roads and bridges built with Federal funds will 
last longer and be more cost effective. This legislation also 
continues programs to develop cutting edge technology such as 
intelligent transportation systems and establishes a bus 
technology pilot program.


                      Section-by-Section Analysis

Sec. 1. Short Title; Table of Contents

    Subsection (a) provides that the short title is the 
Building Efficient Surface Transportation And Equity Act of 
1998.
    Subsection (b) lists the table of contents.

Sec. 2. Definitions

    The term ``Interstate System'' has the meaning such term 
has under section 101 of title 23, United States Code.
    The term ``Secretary'' means the Secretary of 
Transportation.

Sec. 3. Savings clause

    This clause provides, that except as otherwise provided in 
this Act, an amendment made by this Act shall not affect any 
funds apportioned or allocated before the date of enactment.

                     TITLE I.--FEDERAL-AID HIGHWAYS

Sec. 101. Amendments to title 23, United States Code

    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 provision of law, the reference shall be 
considered to be made to a section of title 23, United States 
Code.

Sec. 102. Authorization of appropriations

    Subsection (a) provides the authorizations out of the 
Highway Trust Fund (other than the Mass Transit Account) for 
the Federal-aid Highways program for fiscal years 1998 through 
2003.
    Subsection (b) continues the Disadvantaged Business 
Enterprise (DBE) 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.
    The Committee is aware that recent court decisions have 
established new standards for review of the constitutionality 
of programs such as the disadvantaged business enterprise (DBE) 
provisions enacted in prior surface transportation acts and 
that the courts are now determining whether the DBE programs 
comply with those standards. The Committee understands that 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 not 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 Committee recognizes 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.

Sec. 103. Obligation ceiling

    Subsection (a) sets the annual obligation limitation for 
the Federal-aid highways program for fiscal years 1998 through 
2003.
    Subsection (b) lists the programs that are exempt from the 
annual obligation ceiling for the Federal-aid highway program. 
These programs are emergency relief, high priority projects and 
minimum allocation.
    Subsection (c) directs the Secretary to distribute the 
annual obligation authority to the States in the manner 
specified. All formula and allocated programs share 
proportionally in the obligation authority.
    Subsection (d) directs the Secretary to redistribute, after 
August 1 of each fiscal year, the obligation authority made 
available under subsection (c) from States unable to use their 
obligation authority by the end of the fiscal year to those 
States able to obligate the unused obligation authority.
    Subsection (e) clarifies that the programs contained in 
chapter 3 of title 23, United States Code and carried out under 
title VI of this Act are subject to the obligation limitation.
    Subsection (f) directs that any funds not normally 
apportioned to the States that are unavailable in any fiscal 
year due to the imposition of an obligation limitation be 
apportioned to the States.

Sec. 104. Apportionments

    Subsection (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.
    Subsection (b) directs the Secretary to apportion amounts 
available to the States for the National Highway System, 
congestion mitigation and air quality improvement program, 
surface transportation program, high risk road safety 
improvement program, and Interstate maintenance according to 
specified formulas.
    Subsection (c) extends authority for funding for Operation 
Lifesaver and 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.
    Regarding the High Speed Rail Corridors Program established 
in section 1010 of the Intermodal Surface Transportation 
Efficiency Act, the Committee would draw attention to an 
additional corridor it believes worthy of inclusion. This rail 
corridor, in Pennsylvania, extends from Philadelphia through 
Harrisburg to Pittsburgh. It is a logical connecting route 
between the high speed northeast corridor and points west in 
Pennsylvania, offering significant mobility and economic 
benefits. There is a substantial and rapidly growing exchange 
of passengers between the northeast corridor and this cross-
state corridor, particularly on the ``Keystone'' portion from 
Philadelphia to Harrisburg. The Committee recommends assistance 
to this corridor under this section as a prelude to 
consideration of eligibility for costs related to feasibility 
studies, design and construction of this corridor for high 
speed rail.
    Subsection (d) directs the Secretary to transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate within 21 days a written statement of his 
or her 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 due to an 
error in crediting receipts into the Highway Trust Fund. The 
apportionments were held up for several months and ultimately, 
a correction was made which redistributed nearly $1 billion in 
federal-aid highway funds. The withholding was done 
administratively. This amendment would require notice to the 
Congress and a statement of the reasons for such withholding 
before any subsequent withholding of apportionments.
    Subsection (e) amends the Metropolitan Planning set-aside 
to conform to this section.
    Subsection (f) directs the Secretary to apportion to the 
States the sums authorized for the Recreational Trails Program 
in specific manner.
    Subsection (g) makes several corrections to cross 
references in title 23 to conform to this section.
    Subsection (h) provides the table referenced in the NHS 
apportionment formula.
    Subsection (i) requires that up to date data be used for 
formulas.
    Subsection (j) provides the mechanism for adjustments to 
programs in Fiscal Year 1998 to take into consideration the 
Surface Transportation Extension Act of 1997, STEA, which 
provide a partial appropriation of funds from the Highway Trust 
Fund for Fiscal Year 1998. The STEA requires that the Secretary 
deduct any funds received under that Act from any 
apportionments made by this Act for fiscal year 1998. The 
subsection also requires that the Secretary replenish any 
unobligated balances of States transferred under the authority 
of the STEA.

Sec. 105. Interstate Maintenance Program

    The Interstate Maintenance Program is amended to restore 
reconstruction of segments of the Interstate system an eligible 
activity. It also eliminates the requirement for annual 
certifications and updates routes eligible for the program.

Sec. 106. National Highway System

    Subsection (a) strikes existing provisions for the interim 
eligibility and approval of the National Highway System made 
unnecessary after its adoption in the National Highway System 
Designation Act of 1995.
    Subsection (b) strikes language for the designation of the 
National Highway System made unnecessary after its adoption in 
1995. The total mileage of National Highway System may not 
exceed 155,000 miles, except that the Secretary may increase or 
decrease the mileage by no more than 15 percent.
    Subsection (c) modifies the National Highway System to 
include intermodal connectors on the map submitted to Congress 
by the Secretary on May 24, 1996.
    Subsection (d) allows the National Highway System to be 
modified to accommodate changes in the Strategic Highway 
Network (STRAHNET).
    Subsection (e) makes several technical and conforming 
amendments to section 103(b) of title 23, United States Code.
    Subsection (f) makes technical amendments to section 103 of 
title 23, United States Code.
    Subsection (g) states that amendments made by this section 
shall not affect apportionments made under section 104 of title 
23, United States Code, before the date of enactment of this 
Act.
    Subsection (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.
    Subsection (i) 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.
    Subsection (j) designates certain routes as part of the 
National Highway System.
    The Committee encourages the Commonwealth of Virginia to 
work with Fairfax County, Virginia, to fund right-of-way and 
preliminary engineering costs associated with the NHS segment 
for the Fairfax County Parkway. In addition, the Commonwealth 
should work with the County to ensure that funding for the 
Fairfax County Parkway does not adversely affect other County 
projects under the secondary six-year plan.
    The Committee encourages the State of Michigan to designate 
State Route M-6, commonly known as the South Belt Freeway, as 
the Paul B. Henry Freeway. This designation would acknowledge 
the contribution that former Congressman Paul B. Henry made to 
this project and others while serving the Grand Rapids, 
Michigan, area as a county official, state legislator and U.S. 
Representative.
    The Committee encourages the State of California to 
designate an appropriate State Route in honor of the late 
Congressman Walter H. Capps.
    There has been strong Federal support for the access road 
to the Northwest Arkansas Regional Airport, as recently 
demonstrated with the enactment of section 310(d) of the 
National Highway System Designation Act of 1995 and the 
Committee urges the State to advance the project as 
expeditiously as possible.
    The Committee has approved funds under this Act to continue 
the Lafayette, Indiana Railroad Relocation Project. The 
Committee encourages the Indiana Department of Transportation 
to work with the local sponsors in identifying innovative 
financing opportunities to complete this project in an 
expeditious manner.

Sec. 107. Highway Bridge Program

    Subsection (a) amends the bridge program apportionment 
formula to reduce apportionments by taking into account funds 
transferred from the bridge program to other purposes. This is 
a reform to help ensure that States do not receive funding to 
correct bridge deficiencies and then transfer those 
apportionments to another funding category, and continue to 
receive annual apportionments to correct such bridges.
    Subsection (b) authorizes and directs funding for the 
discretionary bridge program for 1998 and also for fiscal years 
1999 through 2003. Up to 25 percent of the discretionary bridge 
program funds are required to be spent for the seismic retrofit 
of bridges.
    Although the Golden Gate Bridge in California is on the 
National Highway System, it has generally been the beneficiary 
of federal highway assistance only on projects of an 
extraordinary cost. The seismic retrofit of the Bridge is one 
such project. The Committee retains its interest in completion 
of this project and provides funding for the seismic retrofit 
of the Golden Gate Bridge.
    The Committee notes the catastrophic potential for 
earthquake damage in the multi-state region affected by the New 
Madrid Fault and commends the States for intending to 
incorporate existing innovative, effective and economical 
technologies, such as composite materials, in seismic retrofit 
projects in order to reduce costs and enhance performance.
    The Committee notes the importance of the replacement of 
the nearly 75-year-old bridge over the Missouri River at 
Yankton, South Dakota, and encourages the Secretary to consider 
making funds available under this section.
    Subsection (c) extends the off-system bridge set-aside 
until the year 2003.
    Subsection (d) makes certain anti-icing and de-icing 
compositions used on bridges eligible under the bridge program.
    Subsection (e) conforms section 144(n) of title 23, United 
States Code, to this section.
    The Committee has become aware of the need to increase 
technical knowledge about the environmental effects of paints 
and coatings used in transportation projects. It is concerned 
that limitations might be imposed to reduce the use of certain 
such paints and coating which would potentially have an adverse 
effect on the transportation infrastructure. The Secretary is 
encouraged to ensure that the transportation benefits of these 
paints and coatings be considered as regulatory actions are 
taken.

Sec. 108. Surface Transportation Program

    Subsection (a) clarifies that the Secretary is to implement 
the surface transportation program.
    Subsection (b) makes certain anti-icing and de-icing 
compositions used on bridges eligible under the surface 
transportation program.
    Subsection (c) makes programs that reduce motor vehicle 
emissions that are caused by extreme cold start conditions 
eligible under the surface transportation program.
    Subsection (d) makes certain environmental and pollution 
abatement projects as part of a highway project eligible.
    Subsection (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.
    Subsection (f) changes the program approval process for the 
Surface Transportation Program from a quarterly to an annual 
basis.
    Subsection (g) extends the current provision requiring the 
proportional obligation of funds made available for urban areas 
over the term of the bill.
    Subsection (h) encourages the use of youth corps to perform 
transportation enhancement projects.

Sec. 109. Congestion Mitigation and Air Quality Improvement Program

    Subsection (a) clarifies that the Secretary is to implement 
the congestion mitigation and air quality improvement program 
(CMAQ).
    Subsection (b) makes various changes to the Section 149(b) 
of title 23 relating to eligible projects. First, it makes 
programs that reduce motor vehicle emissions that are caused by 
extreme cold start conditions eligible under the CMAQ program. 
Second, it codifies currently eligible activities under the 
CMAQ program. Finally, it allow CMAQ funds to be used for 
projects that provide capacity to single occupancy vehicles if 
such projects meet all other CMAQ requirements.
    Subsection (c) requires the National Academy of Sciences to 
conduct a study on the effectiveness of the CMAQ program for 
improving the air quality in non-attainment areas. The final 
report shall also include recommendations on modifications to 
the program.
    The Committee recognizes the important security, economic, 
and environmental benefits that are derived from the increased 
use of renewable fuels. Therefore, the Committee strongly 
supports the continued use of renewable fuels as a key 
component of our nation's transportation policy.
    The Committee encourages the use of a variety of 
transportation approaches to clean air problems. Urban areas 
should consider this variety of options available to them, such 
as the use of vehicles that use alternatives fuels (including 
innovative fuels such as bio-diesel) and to use CMAQ funds to 
support the infrastructure needed for such vehicles.

Sec. 110. High Risk Road Safety Improvement Program

    Subsection (a) 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.
    Subsection (b) includes a conforming amendment to include 
the title of this section in the table of sections of title 23.
    Subsection (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.
    The Committee is concerned that approximately one-third of 
highway fatalities are related to roadway hazards, including 
vehicles leaving the road and hitting trees or utility poles. 
More than half of these deaths occur on rural roads without 
such safety features as guardrails, median barriers and 
adequate shoulders. Emergency medical services are often not 
readily available. The High Risk Road Safety Program, including 
the awareness program, will help States focus resources on this 
problem.

Sec. 111. Minimum allocation

    Subsection (a) provides that minimum allocation will be 
provided for fiscal years 1998, through 2003. It also specifies 
which programs are subject to the minimum allocation 
calculation. Finally it specifies that a State will be 
guaranteed a ninety five percent return in its formula program 
funds compared to its percentage contribution to the Highway 
Trust Fund rather than the current ninety percent.
    Subsection (b) provides that a State may use funds it 
receives under the minimum allocation program on any purpose 
eligible under the surface transportation program.
    Subsection (c) makes conforming amendments.
    Subsection (d) ensures that no State that is a net donor to 
the Highway Trust Fund receives a percentage of the total 
Federal-aid highway program that is less than the percentage it 
received in the last year of ISTEA.
    Subsection (e) ensures that after making all the prior 
calculations under section 157 of title 23, no State receive a 
final Highway Trust Fund return of less than ninety percent.

Sec. 112. Appalachian Developing Highway System

    Subsection (a) establishes that funds for the Appalachian 
development highway system (ADHS) shall be allocated to the 
States based on the latest cost estimate, although no State is 
to receive less than $1 million. This method of distribution 
can be adjusted by the Appalachian Regional Commission.
    Subsection (b) specifies that funds for the ADHS are 
contract authority.
    Subsection (c) changes the Federal share for reimbursing 
States that have pre-financed segments of the ADHS from 70 to 
80 percent.
    Subsection (d) allows the deduction of administrative 
expenses of the Appalachian Regional Commission associated with 
the ADHS.
    Subsection (e) provides for local consultation before 
certain ADHS corridors in Ohio can be dedesignated.
    Subsection (f) adds Elbert and Hart counties in Georgia to 
the Appalachian region.

Sec. 113. High Cost Interstate Reconstruction and Improvement Program

    Subsection (a) 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, except 
that for the years 1998 through 2003 when 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, then 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 needs to reconstruct 
the Interstate and to recommend methods for apportioning the 
funds.
    The Committee recognizes that some major Interstate highway 
improvement projects are constructed in stages in order to 
match available funding and more easily complete a usable 
segment of highway. The Secretary shall establish criteria to 
fund projects that need to be constructed in phases if the 
total project cost meets the funding criteria in this section.

Sec. 114. Recreational Trails Program

    This section codifies the Recreational Trails Program 
authorized in ISTEA as Section 205 of Title 23, which 
distributes to States a portion of gas tax revenues 
attributable to non-highway uses 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 coast. 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.

Sec. 115. National Corridor Planning and Developing Program

    Subsection (a) establishes the National Corridor Planning 
and Development Program, the purpose of which is to assist 
States in planning, developing, and constructing highway 
corridors.
    Subsection (b) establishes that eligible corridors are 
those designated in law as high priority corridors. In fiscal 
years 1998 through 2000, the Secretary may make, on an interim 
basis pending identification by Congress as a high priority 
corridor, allocations to other regional or multistate highway 
corridors the Secretary determines are likely to improve 
international or interregional trade, facilitate mobility, or 
encourage economic growth and development in areas underserved 
by existing highway infrastructure.
    Subsection (c) describes activities that are eligible for 
funding under the program. These include feasibility studies, 
design activities, corridor planning, location and routing 
studies, environmental review, coordination activities, and 
construction.
    Subsection (d) requires that any State receiving funds 
under this program must develop a corridor development and 
management plan. The plan must contain certain defined 
elements.
    Subsection (e) specifies that funds for the corridor 
program are contract authority.
    Subsection (f) defines State.

Sec. 116. Coordinated Border Infrastructure and Safety Program

    Subsection (a) establishes the coordinated border 
infrastructure and safety program, the purpose of which is to 
improve the movement of people and goods across the Nation's 
land borders.
    Subsection (b) identifies eligible uses for funds under the 
program. They include construction of facilities, operational 
improvements, modifying regulatory procedures, and 
international planning and coordination.
    Subsection (c) establishes eight criteria that are to be 
considered by the Secretary when allocating funds for projects.
    Subsection (d) requires that a certain amounts of the funds 
provided for the program be used to construct state motor 
vehicle safety inspection facilities.
    Subsection (e) requires that at least 40 percent of funds 
are used on projects on the U.S./Canadian border and at least 
40 percent of funds are used on projects on the U.S./Mexico 
border; at least 2 projects on each border shall be located at 
high volume ports of entry.
    Subsection (f) specifies that funds made available for this 
program are contract authority.
    Subsection (g) defines ``border region'' and ``border 
State.''

Sec. 117. Federal Lands Highways Program

    Subsection (a) makes several technical corrections related 
to the Federal share payable section under the Emergency Relief 
Program. It also enables Federal land managing agencies to pay 
the non-Federal share of any Federal-aid highway project. 
Similarly, Federal Land Highways Program funds may be used as 
the non-Federal share of any Federal-aid project providing 
access to or within Federal or Indian lands.
    Subsection (b) amends title 23 to provide for separate 
allocations for public lands highways and for forest highways. 
ISTEA established them as one program with different methods of 
distribution. The subsection reconstitutes them as separate 
program and provides for the method of allocating funds. The 
public land funds are allocated through an administrative 
formula. The forest highway program is based on statutory 
formula.
    Subsection (c) clarifies what constitutes obligation of 
funds under the Federal lands highway program.
    Subsection (d) revises title 23 to reflect the current 
public lands program structure and to allow funds to be used 
for transportation planning. It also requires that only 
regionally significant transportation projects funded from the 
Federal lands program are required to be coordinated with the 
metropolitan planning process.
    Subsection (e) authorizes a study of methods to improve 
access to the John F. Kennedy Center for the Performing Arts.
    Subsection (f) provides assistance to the Smithsonian 
Institution to improve its transportation related activities.
    Subsection (g) authorizes the construction of a visitor 
center.
    Subsection (h) authorizes funds for the restoration of a 
train station.

Sec. 118. National Scenic Byways Program

    Subsection (a) establishes a National Scenic Byways 
Program. To be eligible for the program, a road must be 
nominated by a State or a Federal land management agency. Funds 
are available for technical assistance, including planning, 
development of management plans, and safety improvements. The 
Federal share is the same as for other Federal-aid highway 
projects. This program is the continuation of a similar program 
established by ISTEA.
    Subsection (b) codifies the program as Section 162 of title 
23 and is inserted in the analysis for Chapter 1.
    Subsection (c) creates a national center for the 
dissemination of information on scenic byways.
    It is the intent of the Committee that the Center for the 
National Scenic Byways Program in Duluth, Minnesota, 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.

Sec. 119. Variable Pricing Pilot Program

    Subsection (a) establishes a variable pricing pilot 
program. The Secretary may authorize the creation of up to 15 
such pilot projects.
    Subsection (b) establishes the overall Federal share at 80 
percent, although individual parts of the pilot may have 
Federal participation of up to 100 percent.
    Subsection (c) allows full Federal participation in start-
up costs associated with a pilot project. Such costs are only 
eligible for Federal assistance for three years.
    Subsection (d) specifies that revenues generated by such 
projects must be spent on surface transportation projects under 
title 23.
    Subsection (e) allows up to three pilots to be conducted on 
the Interstate Highway System.
    Subsection (f) requires an analysis of how a pilot project 
will affect low income drivers.
    Subsection (g) requires that the Secretary monitor projects 
for at least 10 years and prepare biennial reports.
    Subsection (h) allows pilot projects to experiment with 
allowing single occupancy vehicles to use HOV facilities.
    Subsection (i) specifies that funds are available for four 
years.
    Subsection (j) specifies that funds for this program are 
contract authority.
    Subsection (k) repeals the congestion pricing program in 
ISTEA.

Sec. 120. Toll roads, bridges, and tunnels

    Subsection (a) amends title 23 to allow a State to use 
revenues generated through tolls as its non-federal matching 
share. A State may do so only if it agrees to enter into an 
agreement with the Secretary to ensure that the State maintains 
its non-Federal capital expenditures at or above the average 
for the previous three years. This is a continuation of a 
program established by ISTEA.
    Subsection (b) creates an Interstate System Reconstruction 
and Rehabilitation Pilot Program. The purpose of the program is 
to allow 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 other purposes. Eligibility and selection 
criteria are specified.
    Subsection (c) amends the current provision that allows 
tolling of any bridge and on the Interstate to only allow 
tolling on major Interstate bridges.

Sec. 121. Construction of ferry boats and ferry terminal facilities

    This section amends the program created in ISTEA to allow 
funds to be available until expended.

Sec. 122. Highway use tax evasion project

    Subsection (a) amends the program in ISTEA to specify that 
funds for this program are contract authority.
    Subsection (b) requires that funds from this program be 
used to create an automated fuel reporting system to improve 
the tracking of motor fuels subject to Federal and state excise 
taxes.
    Subsection (c) makes a technical amendment to ISTEA.

Sec. 123. Performance bonus program

    Subsection (a) requires the Secretary to develop 
performance-based criteria for distributing up to 5 percent of 
Interstate maintenance, bridge program, high risk road safety 
improvement program, and Surface Transportation Program funds.
    Subsection (b) establishes the requirements for the 
development of the criteria.
    Subsection (c) requires a report to Congress on the results 
of the study.

Sec. 124. Metropolitan planning

    Subsection (a) amends section 134(a) of title 23 by adding 
economic growth and development to the list of reasons it is in 
the national interest to encourage metropolitan planning.
    Subsection (b) sets 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 preserving existing facilities. These replace 
the existing list of nineteen planning factors.
    Subsection (c) makes a number of technical changes to the 
section 134(g) regarding the long range plan. It also allows 
metropolitan planning organizations to include projects that 
would be funded if additional resources were available. The 
inclusion of such projects will be for illustrative purposes 
only.
    Subsection (d) requires that a transportation improvement 
plan (TIP) be updated at least every three years. It also 
allows the metropolitan planning organizations to include 
projects that it would advance if additional resources were 
available.
    Subsection (e) adds projects undertaken pursuant to the 
high risk road safety program to the list of projects that must 
be selected by the State in cooperation with the metropolitan 
planning organization.

Sec. 125. Statewide planning

    Subsection (a) 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.
    Subsection (b) makes certain requirements under Section 135 
(d) optional.
    Subsection (c) adds freight shippers and freight providers 
to the list of groups that shall be allowed a reasonable 
opportunity to comment on the proposed long-range plan.
    Subsection (d) adds freight shippers and freight providers 
to the list groups that shall be allowed a reasonable 
opportunity to comment 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. Subsection (d) also adds projects undertaken 
pursuant to the high risk road safety program to the list of 
projects that must be selected by the State in consultation 
with affected local officials.
    Subsection (e) requires a study on the effectiveness of 
local planning.
    The Committee recognizes that some States have taken steps 
to enhance the role of local officials in statewide planning 
for communities of less than 50,000 in population. Local 
officials in such non-metropolitan areas have expertise and 
knowledge regarding specific priorities in their areas. 
Therefore, their participation in the development of the State 
transportation improvement plan through a process developed 
with the State is important in meeting the needs of non-
metropolitan areas.
    The Committee also urges transportation planners to 
consider the importance of providing adequate transportation 
infrastructure for educational facilities and to reflect this 
importance in the Statewide Plan.

Sec. 126. Roadside safety technologies

    Subsection (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.
    Subsection (b) requires the development of a report on the 
use of movable barrier technologies.
    The Secretary's report submitted to Congress in September, 
1992 per section 1090 of the Intermodal Surface Transportation 
Efficiency Act of 1991 provided a Traffic Management Guide and 
a Traffic Management Plan which references the benefits of a 
``* * * movable concrete barrier system which enables quick 
shifts of the entire system to provide positive separation of 
traffic * * *'' and that also enables ``quick shifts to provide 
additional working space during off-peak periods.''
    The Secretary's study and report should incorporate the 
successes of technologies which provide positive separation to 
improve a highway facility's dynamic capacity by creating HOV, 
contraflow, or reversible lanes for high occupancy vehicles and 
buses. Such lanes have encouraged people to switch to mass 
transit or car pools, thereby reducing congestion on general 
purpose lanes, contributing to reduced peak hour congestion, 
reduced air pollution and other negative social factors 
associated with heavily congested highways. In such permanent 
installations the positive separation systems are moved to open 
a lane on the non-peak directional traffic side of the roadway. 
The technology provides time savings to motorists, enhances air 
quality and safety and the efficient use of limited highway 
funds.
    The National Transportation Safety Board (NTSB) reported in 
its ``Safety Study on Highway Work Zone Safety'' (NTSB/SS-92/
02) identified the movable concrete barrier system as a current 
technology which can be used to provide positive separation of 
traffic during construction and reconstruction work on the 
Interstate system. (Footnote 13 in the NTSB Safety Study 
explained: ``For the purposes of this study, positive barrier 
or positive separation of traffic refers to the use of concrete 
barriers to separate traffic, notably the New Jersey type 
barrier.) The NTSB study discussed the concern of State 
transportation officials and highway contractors about 
operational problems associated with the use of portable 
concrete median barriers, including movement, storage, and 
placement of the barriers. ``In the past, moving the New Jersey 
type concrete barriers has been costly and time-consuming. 
However, current technology has reduced some of the time 
associated with moving and placing the concrete type barrier. 
An example is the movable concrete barrier system, which was 
described in a paper by a highway engineer at the FHWA.'' 
(Oliver, Morris B. 1990. Overview of a Movable Concrete Barrier 
System.) Other benefits ascribed to the use of the concrete 
movable barrier in construction projects are reductions in 
construction time and improved quality of the finished project.
    The Committee expects that the study and report will 
provide a means for the States to improve safety during 
construction and other periods.

Sec. 127. Discretionary program authorizations

    Subsection (a) sets the authorizations for the bridge 
discretionary program, the high cost Interstate reconstruction 
and improvement program, the coordinated border infrastructure 
and safety program, the national corridor planning and 
development program, the ferry boat program, the national 
scenic byways program, the variable pricing pilot program, 
various programs authorized in Title VI, and transportation 
assistance for Olympic cities.
    Subsection (b) authorizes the high priority projects 
program as subsection (j) of section 104 title 23. Funds for 
this program are exempt from the obligation limitation imposed 
on the Federal-aid highway program.
    Subsection (c) establishes the high priority projects for 
1998 through 2003.

Sec. 128. Woodrow Wilson Bridge

    This section amends the National Highway System Designation 
Act to transfer title the Woodrow Wilson Bridge to the 
Commonwealth of Virginia, the State of Maryland and the 
District of Columbia.

Sec. 129. Training

    Subsection (a) amends section 140(a) of title 23 to allow a 
state to reserve training positions for persons who receive 
welfare assistance, except that such placement shall not 
adversely impact current employees or positions.
    Subsection (b) expands the list of eligible activities 
under the training program.
    Subsection (c) and (d) establish training facilities.

Sec. 130. Transportation assistance for Olympic cities

    Subsection (a) states the purpose of this section is to 
assist and support States and local governments with surface 
and aviation-related transportation issues necessary to host 
international quadrennial Olympic and Paralympic events in the 
United States.
    Subsection (b) gives the Secretary the authority to give 
priority to transportation projects related to Olympic events 
from various discretionary accounts.
    Subsection (c) allows the Secretary to participate in State 
and metropolitan planning activities related to Olympic events.
    Subsection (d) allows the Secretary to provide assistance 
from general operating expenses for the development of an 
Olympic and Paralympic transportation management plan.
    Subsection (e) allows the Secretary to assist States and 
local governments in carrying out transportation projects 
related to an international quadrennial Olympics. It also 
establishes the Federal share at 80 percent.
    Subsection (f) establishes the eligibility for a State or 
local government.
    Subsection (g) allows the Secretary to give preference in 
aviation programs for projects that are Olympics related.

Sec. 131. National defense highways

    Subsection (a) allows the Secretary to carry out a project 
on a highway or a portion of a highway, located outside the 
United States if the Secretary determines that it is important 
to national defense.
    Subsection (b) makes funds apportioned under the National 
Highway System for fiscal years 1998 through 2003 to carry out 
this section.

Sec. 132. Miscellaneous surface transportation program

    Subsection (a) authorizes the Secretary to fund the 
production of a documentary about infrastructure to promote 
infrastructure awareness.
    Subsection (b) requires a study of parking facilities at 
commercial truck stops and rest areas that can be used by motor 
carriers.

Sec. 133. Eligibility

    Subsection (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.
    Subsection (b) makes the Cuyahoga River in Ohio eligible to 
receive funds apportioned under the Congestion Mitigation and 
Air Quality Improvement Program.
    Subsection (c) allow the State of Connecticut flexibility 
in the use of Interstate Construction fund balances. It also 
give the State additional obligation authority to use these 
funds.
    Subsection (d) clarifies that approaches to the Bay Bridge 
are eligible under sec. 160 of title 23.
    Subsection (e) clarifies the crediting of the non-Federal 
share for projects in Southern California.
    Subsection (f) permits the continued collection of tolls on 
the International Bridge, Sault Ste. Marie, Michigan.
    Subsection (g) makes certain food services eligible to be 
listed on current logo signs.
    The Committee directs that the installation of Type II 
noise barriers on Interstate Route 75 in Clayton County, 
Georgia and on Interstate Route 185 in Muscogee County, Georgia 
is eligible for federal-aid highway funds under the exception 
to the prohibition on Type II noise barriers in Section 
339(b)(2) of the National Highway System Designation Act of 
1995 since the developed areas to receive noise abatement had 
been developed before the construction of these highways.
    The Committee wishes to clarify that title 23 currently 
permits the State of Georgia to construct a welcome center in 
Cobb County on Interstate 75 that is privately operated and 
contains information display kiosks, communication and multi-
media services and eating areas.

Sec. 134. Fiscal and administrative amendments

    Subsection (a) removes three obsolete provisions from title 
23. They are a provision related to bond interest on Interstate 
projects under construction January 1, 1983, a limitation in 
the repayment of interest on Interstate and National Highway 
System projects, and a requirement that the Secretary approve 
an advance construction project for it to be considered 
complete.
    Subsection (b) removes an outdated provision regarding 
total payments to a State in any fiscal year. In its place, it 
reinstates a provision that was once in title 23 but which was 
inadvertently omitted when amended by ISTEA. This reinstated 
provision permits obligations incurred in prior fiscal years 
that are released in a current fiscal year to be made available 
for re-obligation in such current year.
    Subsection (c) technically changes the Federal share on 
certain projects from a strict percentage to a limitation. This 
will allow for an increased non-Federal share at State option. 
It does not allow the Secretary to impose a lower match.
    Subsection (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.
    Subsection (e) strikes an outdated provision concerning the 
construction of toll routes necessary to complete the 
Interstate System. It is no longer needed since the Interstate 
is complete.
    Subsection (f) strikes an outdated provision concerning the 
use of motor vehicle taxes to fund highway construction 
projects.
    Subsection (g) amends title 23 to clarify that section 302 
of such title does not limit reimbursement of eligible indirect 
costs to State and local governments. This will make the 
Federal-aid Highway program more in line with other Federal 
programs thereby reducing an administrative burden caused by 
requiring States to develop separate accounting systems.
    Subsection (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.
    Subsection (i) makes certain amendments to Section 127 of 
title 23 pertaining to the operation of certain public transit 
buses and specialized hauling vehicles, and routes in New 
Hampshire and Maine.
    Subsection (j) requires a study of specialized hauling 
vehicles.

Sec. 135. Access of motorcycles

    This section specifies that no State or local government 
may restrict access of motorcycles to any highway facility for 
which Federal-aid funds were used.

Sec. 136. Amendments to prior surface transportation authorization laws

    Subsection (a) makes certain changes and additions to 
Section 1105(c) of ISTEA relating to high priority corridors.
    This clarifies that all of ISTEA High Priority Corridor 18 
and that portion of High Priority Corridor 20 from the vicinity 
of Carthage, Texas, to Laredo, Texas, at the Mexican border 
together are part of Interstate Route I-69. It also directs 
States to erect Interstate Route I-69 signs along segments that 
are at Interstate standards and connect to existing Interstates 
and specifically, along U.S. 59 in the Houston area. The 
National Highway System Designation Act of 1995 designated 
Corridors 18 and 20 as future Interstates and gave States the 
authority to erect signs designating them as future 
Interstates. It is the intent of the Committee that States have 
the authority to erect signs specifically designating future 
Interstate Route I-69 along all of Corridor 18 and along the 
designated portions of Corridor 20.
    As the New York State Department of Transportation submits 
its plans for the development of Route 219, the Federal Highway 
Administration is encouraged to give consideration as one of 
the benefits of the project the economic development 
opportunities that would be afforded the Seneca Indian Nation 
located at the junction of Route 219 and Route 17. For example, 
the design and construction of a facility that included a 
welcomecenter that provided traveler and tourist information 
would be a valuable economic development initiative.
    Subsection (b) repeals section 146 of the Surface 
Transportation Assistance Act of 1982.

Sec. 137. Bicycle transportation and pedestrian walkways

    Subsection (a) 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 
the electric bicycles on trails when State or local regulations 
permit.
    Subsection (b) clarifies the requirements under section 
109(n) of title 23 related to the impact on non-motorized 
transportation of a Federal-aid highway project.
    Subsection (c) requires that bicycle safety be taken into 
account when States undertake rail-highway crossing projects 
under section 130 of title 23.
    Subsection (d) requires a study of design standards for 
bicycle projects.
    Subsection (e) establishes a national bicycle safety 
education curricula.
    Subsection (f) requires the issuance of guidance for 
accommodating bicycles and pedestrians.

Sec. 138. Hazard Elimination Program

    This section requires that hazards to bicyclists are 
included in the hazardous locations inventory.

Sec. 139. Project administration

    Subsection (a) makes some changes to the life cycle cost 
analysis requirements under title 23 to conform with the 
Executive Order on Infrastructure Investment.
    The Secretary of Transportation shall develop a set of 
procedures States may utilize as a guideline in conducting an 
analysis of the life-cycle cost for projects on the National 
Highway System. The procedures shall include the principles 
contained 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 shall suggest a 
uniform analysis period and uniform discount rates as 
established in OMB Circular A-94 for all Federal-aid NHS 
projects. The procedures shall also suggest recommended 
guidelines for a documented, vigorous maintenance schedule, 
user costs, and reconstruction, rehabilitation, restoration, 
and resurfacing costs, over the life of the project.
    Subsection (b) requires a study on procurement practices 
and project delivery.

Sec. 140. Contracting for engineering and design services

    This amendment to 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.

Sec. 141. Commercial motor vehicle study

    Directs the Transportation Research Board to conduct a 
study on the current laws, regulations and practices regarding 
truck sizes and weights and to make recommendations, taking 
into account impacts on the economy, safety, environment and 
service to communities.

Sec. 142. New York Avenue Development Authority

    This section establishes a New York Avenue Authority to 
development an improvement plan for the Corridor in the 
District of Columbia. The authority is eligible to receive 
funding under the National Corridor Planning and Development 
program.

Sec. 143. Definitions

    This section numbers definitions for Title 23 and then 
reorders them in alphabetical order.
    The term Transportation Enhancement Activities is amended 
to require a direct link to surface transportation.

                       TITLE II.--HIGHWAY SAFETY

Sec. 201. Amendments to Title 23, United States Code

    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 provision of law, the reference shall be 
considered to be made to a section or other provision of title 
23, United States Code.

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 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 
and requirements and instead direct 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.

Sec. 203. Highway safety research and development

    This section amends section 402(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.

Sec. 204. Occupant protection incentive grants

    This section amends section 405 to add a new occupant 
protection incentive grants program. 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.
    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 in its two 
fiscal years prior to the date of enactment of this section.
    The maximum period of eligibility for a State to receive an 
occupant protection incentive 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--75 percent for the first and second years, 50 percent 
for the third and fourth years, and 25 percent for the fifth 
and sixth years.
    A State may establish its eligibility for one or both of 
two occupant protection grants (A and B) in the fiscal year 
which the grant is received, by adopting or demonstrating 
certain criteria, as appropriate, to the satisfaction of the 
Secretary.
    To establish eligibility for grant A, a State must adopt or 
demonstrate at least five, and beginning in fiscal year 2001 at 
least 6, of the following: (1) a law that makes unlawful 
throughout the State the operation of a passenger motor vehicle 
whenever a person (other than a child who is secured in a child 
restraint 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. The Secretary 
should cooperate with States and other interested parties to 
develop benchmarks that would assist the Secretary in 
determining whether a State satisfies the special Traffic 
Enforcement criterion and child Occupant Protection Education 
Program criterion. However, these benchmarks are intended to be 
flexible so that States can design effective programs to meet 
each State's particular needs.
    To establish eligibility 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.
    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.
    Definitions are provided for ``child safety seat,'' ``motor 
vehicle,'' ``multipurpose passenger vehicle,'' ``passenger 
vehicle,'' and ``safety belt.''
    The funding for grants 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 tribe programs. The Secretary of Interior is 
authorized to receive funds made available for Indian tribe 
programs.

Sec. 205. Alcohol-impaired driving countermeasures

    This section amends the current section 410 which 
establishes 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. The Secretary is 
authorized to 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.
    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 othersources 
for alcohol traffic safety programs at or above its level of 
expenditures in the two fiscal years prior to the date of enactment of 
this section.
    The maximum period of eligibility for a State to receive a 
grant for alcohol impaired driving countermeasures would be six 
years, beginning after September 30, 1997. The Federal share 
shall be 75 percent in the first and second years, 50 percent 
in the third and fourth years, and 25 percent in the fifth and 
sixth years.
    A State may establish its eligibility for one or more of 
two basic alcohol-impaired driving countermeasure grants (A and 
B) in the fiscal year which the grant is received, by adopting 
or demonstrating certain criteria, to the satisfaction of the 
Secretary.
    To establish eligibility for the first 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 
programs; (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. The Secretary 
should cooperate with States and other interested parties to 
develop benchmarks that would assist the Secretary in 
determining whether a State satisfies the Underage Drinking 
Program criterion, the Drives with High BAC's criterion, and 
the Young Adult Drinking Programs criterion. However, these 
benchmarks are intended to be flexible so that States can 
design effective programs to meet each State's particular 
needs.
    The Committee believes that a comprehensive effort to deter 
underage drinking and driving should include imposition of 
meaningful penalties on those who make alcohol available to 
drivers under 21 years of age. While States should determine 
the level of these penalties, the Committee encourages States 
to adopt penalties that are high enough to deter such behavior. 
The Committee also encourages the Secretary to consult with 
States and other interested parties to develop a reasonable and 
flexible definition of ``meaningful penalties.''
    To establish eligibility for the second 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; and (2) that percentage has 
been lower than the average percentage for all States in each 
of such calendar years.
    States that meet the criteria for a basic grant would 
receive, for each grant, up to 30 percent of their fiscal year 
1997 apportionment under section 402.
    The Secretary is also authorized to make discretionary 
grants available to States for 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.
    Administrative expenses for carrying out this section may 
not exceed 5 percent of the funds authorized to be appropriated 
for this section. 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.
    Definitions are provided for ``alcohol beverage,'' 
``controlled substances,'' ``motor vehicle,'' and ``open 
alcohol beverage container.''

Sec. 206. Highway safety data improvement

    This section amends section 406 to add 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 the language in 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 that States must immediately adopt 
uniform data. The Committee realizes that uniform data systems 
and reporting can be extremely costly and complex for States to 
achieve, necessitating such changes as modifying or upgrading 
computer systems to redesigning police reports. This is a long 
term goal and it is possible that some States may not be able 
to meet it in the six year authorization period of this bill. 
The requirement simply applies to steps a State might take in 
order to move toward the goal.
    The States that receive a grant in any fiscal year must 
enter into an agreement with theSecretary 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--75 percent for the first and second years and 50 percent 
for the third and fourth years, and 25 percent for the fifth 
and sixth years.
    A state would be eligible for a first-year grant in a 
fiscal year if it demonstrates, to the satisfaction of the 
Secretary, that it has (1) established a highway safety data 
and traffic records coordinating committee with a multi-
disciplinary membership, including the administrators, 
collectors, and users of such data (including the public 
health, injury control, and motor carrier communities) of 
highway safety and traffic record databases; (2) completed 
within the last five years 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 
multi-year highway safety data and traffic records strategic 
plan to be approved by the highway safety data and traffic 
records coordinating committee that identifies and prioritizes 
the State's highway safety data and traffic records needs and 
goals, and that identifies 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, to the satisfaction of the 
Secretary, (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 
incentive funds for the fiscal year will be used to address 
those needs and the goals of the plan, and that identifies 
performance-based measures by which progress toward those goals 
will be determined; and (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 the certain criteria for a first-year 
grant would receive an amount equal 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, based on available 
appropriations.
    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 data improvement grant if the State, to the 
Secretary's satisfaction: (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.

Sec. 207. National Driver Register

    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 reduce a burden on the States and 
strengthen the NDR's efficiency by allowing federal agencies 
authorized to receive NDR information to make their requests 
and receive the information directly from the NDR, instead of 
through a State. The NDR statute currently requires authorized 
NDR users, other than chief driverlicensing officials and the 
individuals to whom the information pertains, to submit all NDR 
inquiries through a State.

Sec. 208. Safety studies

    Subsection (a) authorizes the Secretary to conduct a study 
on the benefit to public safety on the use 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.

Sec. 209. Effectiveness of laws establishing maximum blood alcohol 
        concentrations

    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.

Sec. 210. Authorizations of appropriations

    This section provides authorizations for the section 402 
program; the section 403 program; the occupant protection, 
alcohol-impaired driving, and highway safety data incentive 
grants; and the NDR.
    For the NHTSA 402 safety grant 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 402 safety grant program, in fiscal year 1998, 
$12 million is provided; in fiscal year 1999, $20 million is 
provided; and for each of fiscal years 2000 through 2003, $25 
million is provided.
    For NHTSA 403 operations and research programs, $55 million 
is authorized for each of fiscal years 1998 through 2003.
    For FHWA 403 operations and research programs, $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 traffic safety 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 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.

Sec. 211. Transportation injury research

    Subsection (a) directs the Secretary to make grants to 
establish and maintain a center for transportation injury 
research at the State University of New York at Buffalo. $2 
million in each of fiscal years 1998 through 2003 is 
authorized. This funding shall be used by the CALSPAN 
University of Buffalo Research Center (CUBRC) to conduct 
research and testing of in-vehicle systems and infrastructure-
based technology to improve emergency notification, crash 
characterization, dispatching and delivery of medical and other 
services to crash victims.
    The Committee recognizes that one of the keys to reducing 
the severity of injuries and number of deaths from crashes is 
to improve the regional communication links between the public 
and private agencies in the emergency response networks and 
effectively exploit the emergency capabilities of in-vehicle 
systems.
    The program outlined in this subsection of the bill should 
consider these emerging capabilities while focusing on 
applications of new technologies and methods in telemedicine, 
crash and injury severity estimation to improve response. The 
intent is to apply a multi-disciplinary systems engineering 
approach, which considers the driver, vehicle, the 
infrastructure and the public sector emergency responders. In 
addition, the focus of the Center's activities in rural western 
New York highlights the need to address the disproportionately 
high rate of fatalities associated with rural crashes.
    Subsection (b) directs the Secretary to 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 
developmentrelating to head and spinal cord injuries. $500,000 
in each of fiscal year 1999 through 2003 is authorized.

          TITLE III.--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 301. Amendments to title 49, United States Code

    This section 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.

Sec. 302. Definitions

    This section 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.

Sec. 303. Metropolitan planning

    Subsection (a) 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.
    Subsection (b) amends section 5303(f) to allow 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. This subsection 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.

Sec. 304. Transportation Improvement Program

    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.

Sec. 305. Transportation management areas

    This section amends section 5305 of title 49 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.

Sec. 306. Urbanized area formula grants

    Subsection (a) amends section 5307 of title 49 to change 
the name of the section and to make a conforming amendments to 
the table of sections.
    Subsection (b) makes technical amendments to section 
5307(a) of title 49.
    Subsection (c) 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 section 5307(b)(3) 
because that provision has been moved to section 5302 and 
repeals section 5307(b)(5) to eliminate the requirement that 
for section 5307 funds to be available for a highway project 
under title 23, the funds used for the State or local share of 
the project must be eligible to finance either a highway or 
transit project.
    This subsection eliminates operating assistance for large 
urbanized areas, however, the Act also expands the definition 
of a capital project to include preventive maintenance 
activities. In allocating capital funds for preventive 
maintenance, the Committee urges large urbanized areas to 
consider the impact of the elimination of operating assistance 
on smaller transit authorities operating within the areas and 
to consider the particular maintenance needs of those smaller 
transit authorities.
    Subsection (d) amends section 5307(g)(3) of title 49 
provide that the maximum interest for projects undertaken in 
advance of an apportionment may not exceed the most favorable 
financing terms reasonably available at the time of borrowing.
    Subsection (e) amends section 5307(i) of title 49 to direct 
the Secretary, to the extent practicable, to coordinate federal 
triennial reviews with any related state or local reviews.
    Subsection (f) amends section 5307(k) of title 49 to repeal 
the requirement for submission of certifications because the 
provision has been moved to section 5323. It also provides that 
of 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.
    Subsection (g) makes conforming amendments to section 
5307(n) of title 49.

Sec. 307. Mass transit account block grants

    This section repeals section 5308 of title 49 which gives 
the Secretary authority to make grants for capital projects.

Sec. 308. Capital Program grants and loans

    Subsection (a) amends section 5309 to change the name of 
the section.
    Subsection (b) makes a conforming amendment to the table of 
sections.
    Subsection (c) amends section 5309(a) of title 49 to 
clarify that capital projects to modernize existing fixed 
guideway systems and to replace, rehabilitate and purchase 
buses and bus related equipment and to construct bus-related 
facilities are eligible under this section.
    Subsection (d) repeals section 5309(c) which requires the 
Secretary to consider the adverse effect of decreased commuter 
rail transportation before making a grant to acquire a rail 
line and the related facilities.
    Subsection (e) amends section 5309(e) to clarify the 
findings the Secretary is required to make before approving a 
grant or loan for a new fixed guideway system or extension to 
an existing system and to add new criteria the Secretary must 
consider in making these findings. The Secretary must evaluate 
and rate projects before they advance from alternatives 
analysis to preliminary engineering and from preliminary 
engineering to final design and construction. The subsection 
directs the Secretary to issue regulations stating the process 
for evaluating and rating projects not later than 120 days 
after the date of the enactment of this Act. This subsection 
also provides that the Secretary shall not enter into a full 
funding grant agreement for a project unless that project is 
authorized for final design and construction and that the 
Secretary shall enter into a full funding grant agreement based 
on the evaluations and ratings required under this subsection. 
The requirements of subsection (e) do not apply to projects 
with a section 5309 share of less than $25 million, to projects 
financed completely with amounts made available from the 
Highway Account of the Highway Trust Fund, or to projects under 
letter or intent or full funding grant agreement as of the date 
of enactment of this Act. This subsection repeals the 
subsection (e) exemption for projects located in extreme or 
severe nonattainment areas and for projects receiving less than 
one-third of its funding under this section. This subsection 
also makes technical amendments to section 5309(e).
    Subsection (f) amends section 5309(g) to require the 
Secretary to notify Congress 60 days prior to issuing a letter 
of intent or full funding grant agreement and to provide a copy 
of the letter of intent or full funding grant agreement and all 
evaluations and ratings for the project.
    Subsection (g) amends section 5309(m) to provide that funds 
are available for capital program grants and loans for each of 
fiscal years 1998 through 2003. 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. In the recent past, approximately 80 percent of 
funds under this section have been allocated for projects in 
final design or under construction. This section requires that 
92 percent of funds under this section be allocated for 
projects in final design or under construction. Because of the 
scarcity of federal resources, it is the intent of the 
Committee to focus resources on projects that are in final 
design or construction. In addition, the Committee emphasizes 
the importance of fulfilling the federal commitment to projects 
under full funding grant agreement.
    This subsection 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 subsection also provides funding for the bus 
testing facility for each of fiscal years 1998 through 2003. 
This subsection 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.
    Subsection (h) makes a technical amendment to section 
5309(n)(2).
    Subsection (i) makes conforming amendments to section 5309 
and to other sections in Chapter 53 of title 49.
    Subsection (j) adds a new subsection (o) to section 5309 to 
establish a pilot program for the testing and deployment of new 
bus technology. The Secretary shall select projects that employ 
a variety of technologies in a variety of geographic areas. 
Among the technology that this program should focus on is 
compressed natural gas, liquefied natural gas, biodiesel fuel, 
battery, alcohol based fuel, hybrid electric, fuel cell, clean 
diesel, or other low emission technologies. No later than April 
30, 2000, the Secretary shall submit a report to Congress on 
the results of the pilot program.
    Subsection (k) adds a new subsection (p) to section 5309 
which requires that the Secretary and Comptroller General 
submit certain reports to Congress regarding fixed guideway 
systems and extensions to existing systems. The Secretary is 
required to submit an annual report not later than the first 
Monday in February of each year that includes project 
evaluations and ratings and funding recommendations. The 
Secretary is also required to submit by the 31st day of August 
of each year a supplemental report that describes project 
evaluations and ratings since the date of the annual report. 
The Comptroller General is required to submit by the 30th day 
of April of each year a report that reviews the Secretary's 
processes and procedures for evaluating, rating, and 
recommending projects and the Secretary's implementation of 
such processes and procedures.
    Subsection (l) defines the term project with respect to a 
new fixed guideway system and extension to an existing system.

Sec. 309. Dollar value of mobility improvements

    Subsection (a) provides that the Secretary shall not 
consider the dollar value of mobility improvements as specified 
in the report required under section 5309(m)(l)(c) or 
section5309(p) in evaluating projects, development regulations or for 
any purpose. The Committee recognizes the importance of considering the 
broad range of project justification criteria when evaluating projects 
under section 5309.
    Subsection (b) directs the Comptroller General to study the 
dollar value of mobility improvements and the relationship of 
mobility improvements to the overall project justification and 
to report to Congress on the results of the study by not later 
than January 1, 2000.

Sec. 310. Formula grants and loans for special needs of elderly 
        individuals and individuals with disabilities

    Subsection (a) amends section 5310 of title 49 to change 
the name of the section.
    Subsection (b) makes a conforming amendment to the table of 
sections.

Sec. 311. Formula Program for other than urbanized areas

    Subsection (a) amends section 5311 of title 49 to change 
the name of the section and to make a technical amendment to 
section 5311(f)(1).
    Subsection (b) makes a conforming amendment to the table of 
sections.

Sec. 312. Research, development, demonstration, and training projects

    Subsection (a) makes technical amendments to section 
5312(a) and (b) of title 49. It also amends section 5312 to add 
new subsections (d) and (e) which make eligible under section 
5312 joint partnerships for deployment of innovation and 
international mass transportation activities.
    Subsection (b) establishes a Mass Transportation Technology 
Development and Deployment Program. The Secretary is authorized 
to make grants or enter into contracts, cooperative agreements 
or other agreements with eligible consortia to promote the 
development and early deployment of innovation in mass 
transportation technology, services, management or operational 
practices. The section sets forth eligibility criteria and 
grant requirements for the consortia. It provides funding for 
fiscal years 1998 through 2003 and a maximum federal share of 
50 percent of the net project cost.
    The Committee includes funding for this program to continue 
support for the advanced transportation technology consortia. 
The Committee expects that the Department of Transportation 
will take a leadership role in supporting, coordinating, and 
managing the consortia program among the various federal 
agencies that may participate in supporting the program.
    Subsection (c) provides that of the funds made available 
each fiscal year under section 5309(o), $4,850,000 shall be 
provided for the fuel cell transit bus program and maintenance 
facility. To date, the fuel cell bus program, carried out 
jointly by the Department of Transportation and the Department 
of Energy, has successfully produced three 30-foot fuel cell 
transit buses. Because the Department of Transportation has 
requested that the fuel cell program include prototype 
development of 40-foot fuel cell buses, it is necessary to 
construct a larger maintenance facility than originally planned 
to accommodate the larger vehicle platforms. In addition, these 
funds are provided to produce 12 pre-commercial use buses to 
enable the program's participants to obtain operating 
experience with the nation's public transit providers. The 
Committee urges the program participants to work closely with 
public transit providers to ensure the activities of the 
program are coordinated with the services offered by the 
transit providers.
    Subsection (d) establishes an Advanced Technology Pilot 
Project under which the Secretary shall make grants for the 
development of low-speed magnetic levitation technology for 
public transportation. The section provides funding for the 
program for each of the fiscal years 1998 through 2003. The 
Federal Transit Administration shall undertake a project 
through a public-private partnership for an urban low-speed 
application of magnetic levitation technology which has been 
developed solely in the United States. Not less than 25 percent 
of the project costs shall be borne by non-federal entities. 
The Committee recognizes that fiscal year 1998 funds were 
appropriated for the Federal Transit Administration to support 
an application of low speed magnetic levitation technology in 
Pittsburgh, Pennsylvania through the Allegheny County Port 
Authority.
    Subsection (e) directs the Secretary to make grants for the 
study, design and demonstration of fixed guideway technology 
and makes funds available for fiscal year 1999 for these 
purposes.
    One of the purposes of the Galveston, Texas demonstration 
is to facilitate intermodal connections and communications 
between bus and rail modes.

Sec. 313. National planning and research programs

    This section amends section 5314(a)(2) to increase funding 
for activities to help transit providers comply with the 
Americans With Disabilities Act from $2,000,000 to $3,000,000 
for each fiscal year

Sec. 314. National Transit Institute

    Subsection (a) amends section 5315 to change the name of 
the section and to expand the list of subjects that may be 
taught at the National Transit Institute. It also makes 
technical amendments to section 5315.
    Subsection (b) makes a conforming amendment to the table of 
sections.

Sec. 315. University Research Institutes

    This section repeals section 5316 of title 49 because the 
provision for University Research Institutes has been moved to 
section 5505 of title 49.

Sec. 316. Transportation centers

    This section repeals section 5317 of title 49 because the 
provision for Transportation Centers has been moved to section 
5505 of title 49.

Sec. 317. Bus testing facilities

    This section amends sections 5318 (b) and (e) of title 49 
to clarify that the Secretary may enter into either a contract 
or cooperative agreement with or make a grant to a person or 
organization to operate and maintain the bus testing facility. 
It also makes technical amendments to section 5318 (b) and (e).

Sec. 318. Bicycle facilities

    This section amends section 5319 of title 49 to provide 
that a grant or portion of a grant made with funds required to 
be spent on transit enhancement activities that involves 
providing bicycle access to transit shall be at a federal share 
of 95 percent.

Sec. 319. General provisions on assistance

    Subsection (a) makes a technical amendment to section 
5323(d) of title 49.
    Subsection (b) amends section 5323(i) to clarify that the 
incremental cost of vehicle-related equipment necessary for 
complying with or maintaining compliance with the Clean Air Act 
shall be reimbursable at a federal share of 90 percent.
    Subsection (c) amends section 5323(j)(7) to repeal the 
requirement for a Buy America Act report that has already been 
submitted and to provide 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.
    Subsection (d) adds a new subsection (k) which provides 
that, to the extent feasible, governmental agencies and non-
profit organizations that receive assistance from government 
sources other than the Department of Transportation for non 
emergency transportation services shall participate and 
coordinate in the design and deliver of transportation 
services.
    Subsection (e) amends section 5323 of title 49 to add a new 
subsection (n) to clarify that all required certifications may 
be consolidated.
    Subsection (f) amends section 5323 of title 49 to add a new 
section (o) which provides that persons occupying space in 
facilities funded under Chapter 53 of title 49 must pay a 
reasonable share of the cost of the facility. The subsection 
also lists the eligible activities under Chapter 53 of title 49 
associated with projects that enhance economic development or 
incorporate private investment. This provision is intended to 
extend present practices with regard to the required payments 
and eligible costs of such projects.

Sec. 320. Contract requirements

    Subsection (a) makes technical amendments to section 5325.
    Subsection (b) amends section 5325(b) as redesignated by 
subsection (a)(2) to provide that when awarding contracts 
funded with grants or loans made under chapter 53 of Title 49, 
grantees shall accept nondisputed audits conducted by other 
government agencies.

Sec. 321. Special procurements

    Subsection (a) amends section 5326(a) of Title 49 to 
clarify the definition of a turnkey system project.
    Subsection (b) makes technical amendments to sections 5326 
(c) and (d).
    Subsection (c) makes conforming amendments to section 
5334(b)(4)

Sec. 322. Project management oversight and review

    This section makes a technical amendment to section 
5327(c)(2) of title 49. It also amends section 5327(c)(2) to 
clarify that the Secretary may use amounts available for 
project management oversight to provide technical assistance to 
grantees to correct deficiencies identified as part of project 
management oversight.

Sec. 323. Study on alcohol and controlled substances random testing 
        rate calculation

    Subsection (b) directs the Secretary to conduct a study of 
how the random testing rate for drug and alcohol testing should 
be calculated.
    Subsection (b) states the factors the Secretary should take 
into account when conducting this study.
    Subsection (c) provides that not later than December 31, 
1999, the Secretary shall submit a report to Congress on the 
results of the study and provide recommendations regarding any 
changes to the random testing rate.

Sec. 324. Administrative procedures

    Subsection (a) amends Section 5334(a) of title 49 to 
authorize the Secretary to collect fees to cover the costs of 
training and conferences sponsored by the Federal Transit 
Administration.
    Subsection (b) amends section 5334(i) to repeal a statement 
of authority of the Secretary of Housing and Urban 
Transportation and to direct the Secretary to seek public 
comment on ways to streamlines the administration of the 
formula program for urbanized areas with populations under 
200,000 and, to the extent feasible, to ease administrative 
burdens.
    Subsection (c) makes technical amendments to subsection 
5334 and to the table of sections for Chapter 53 of title 49.

Sec. 325. Reports and audits

    Subsection (a) makes technical amendments to section 
5335(a) a title 49.
    Subsection (b) amends section 5225(b) to repeal the 
requirement that the Secretary submit quarterly reports to 
Congress on the status of grants and obligations. This 
subsection also amends section 5335(c) to repeal the 
requirement that the Comptroller General submit biannual needs 
reports to Congress and makes technical amendments to section 
5335.

Sec. 326. Apportionment of appropriations for formula grants

    This section makes a technical amendment to section 5336 of 
title 49. It also amends section 5336(d) to give urbanized 
areas with populations under 200,000 flexibility to use all of 
their apportionments for capital or operating expenses. 
However, it caps at $400 million the total amount per fiscal 
year that may be used for: (1) operating assistance in 
urbanized areas with populations under 200,000; and (2) 
preventive maintenance activities that become eligible for 
capital assistance under this Act in all urbanized areas.

Sec. 327 Apportionment of appropriations for fixed guideway 
        modernization

    Subsection (a) amends section 5337(a) of Title 49 to 
provide the formula for apportioning funds made available for 
fixed guideway modernization under section 5309 to Title 49 for 
fiscal years 1998 through 2003.
    Subsection (b) adds a new subsection (e) to section 5337 of 
Title 49 that describes the method for calculating the number 
of fixed guideway revenue miles of service and vehicle miles 
attributed to each urbanized area for purposes of determining 
apportionments under this section.

Sec. 328. Authorizations

    Subsection (a) amends section 5338 of title 49 to provide 
authorizations for each of fiscal years 1998 through 2003 for 
programs under Chapter 53 of title 49.
    Subsection (b) makes conforming amendments to Chapter 53 of 
title 49.

Sec. 329. Obligation ceiling

    Subsection (a) provides the obligation ceiling for capital 
program grants and loans.
    Subsection (b) provides the obligation ceiling for formula 
grants, planning, research, and administration.

Sec. 330. Access to Jobs Challenge Pilot Program

    Subsection (a) authorizes the Secretary to make grants to 
States, local governments, and non-profit organizations to 
finance services to transport welfare recipients to and from 
jobs and job-related activities. The Secretary shall coordinate 
activities under this section with related activities under 
programs of other federal departments and agencies. In making 
grants under this section, the Secretary should consider a 
variety of approaches to transporting current and former 
welfare recipients to jobs and job-related activities.
    Subsection (b) lists the criteria the Secretary shall 
consider in making grants under this section. In considering 
the criteria, the Secretary should take into account a variety 
of factors relevant to determining the size of the welfare 
population, including the number of welfare recipients in the 
particular area to be served. The Secretary should also take 
into account innovative approaches that enable program 
participants to match available jobs with existing 
transportation providers.
    Subsection (c) provides that capital and operating costs 
related to transporting welfare recipients to and from jobs and 
job-related activities, promoting the use of transit by workers 
with non-traditional work schedules, promoting the use of 
transit vouchers by the appropriate agencies, and promoting the 
use of employer-provided transportation are eligible activities 
under this section. Planning and coordination activities are 
not eligible.
    Subsection (d) directs the Secretary to conduct a national 
competition and select up to 10 projects for the pilot program, 
including six projects in urbanized areas with populations of 
at least 200,000, two projects in urbanized area with 
populations under 200,00, and two projects in non-urbanized 
areas.
    Subsection (e) provides that the federal share of costs for 
grants under this section shall not exceed 50 percent of the 
net project cost, but that a grantee may use funds appropriated 
to any federal department or agency (other than the Department 
of Transportation) toward the non-federal share of the project.
    Subsection (f) clarifies that the planning requirements of 
sections 5303, 5304, and 5305 of title 49 apply to grants under 
this section. This section also provides that the application 
must reflect coordination with and approval of the affected 
transit grant recipient and the projects must be part of a 
coordinated public transit-human services planning process.
    Subsection (g) provides that grants under this section are 
subject to all terms and conditions of grants made under 
section 5307 of title 49.
    Subsection (h) requires the Comptroller General to conduct 
semiannual studies of the access to jobs program. Not later 
than six months after the enactment of this Act and every six 
months thereafter the Comptroller General shall submit a report 
to Congress on the results of these studies. This subsection 
also directs the Secretary to conduct a study of the access to 
jobs program and to submit a report to Congress on the results 
of the study not later than two years after the date of 
enactment of the Act.
    Subsection (i) defines certain terms that apply to this 
section.
    Subsection (j) provides the level of funding authorized to 
carry out this program.
    In developing the Access to Jobs program the Committee 
urges the Secretary to consider the experience of several 
successful Access to Jobs programs already underway. The 
Suburban Joblink has been serving the needs of unemployed 
Chicago residents for more than 25 years. In coordination with 
PACE, the local public transit agency, Suburban Joblink 
provides transportation for current and former welfare 
recipients who are residents of the inner city to available 
jobs in the suburbs. Suburban Joblink estimates that for every 
1,000 workers employed in suburban manufacturing jobs, $25 
million in pay and benefits annually flows back into the inner 
city.
    The State of Wisconsin, recognizing the importance of 
providing access to jobs, has established an Employment 
Transportation Program that provides State funds to local 
agencies around the State in support of capacity building and 
group transportation solutions (such as expanding transit 
service, transit route extensions, increased frequency of 
service, shared ride taxi service expansion and capital 
investment). Thirty-six applicants, representing 47 counties 
have paired with planning commissions, transit providers, and 
local employers to address the gap between existing services 
and needs.
    The Committee is also aware of the successful efforts of 
the Opportunities program in Illinois which includes public 
transportation services as part of a comprehensive program to 
provide welfare recipients with the necessary access to 
education, training, and placement to become productivity 
employed. This range of services, offered through community 
colleges, has assisted over 28,600 people become productively 
employed.

Sec. 331. Adjustments for the Surface Transportation Extension Act

    Subsection (a) 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.
    Subsection (b) directs the Secretary to adjust the amounts 
apportioned to urbanized areas for fixed guideway modernization 
for fiscal year 1998 to reflect the method for apportioning 
funds in section 5337(a).

Sec. 332. Projects for new fixed guideway systems and extensions to 
        existing systems

    Subsection (a) lists the projects that are authorized for 
final design and construction for fiscal years 1998 through 
2003.
    Subsection (b) lists the projects that are authorized for 
alternatives analysis and preliminary engineering for fiscal 
years 1998 through 2003. It is the Committee's intent to 
reevaluate the status of each of these projects on or before 
September 30, 2000. At that time, that Committee will consider 
whether these or any other projects should be authorized for 
alternatives analysis and preliminary engineering or final 
design and construction through fiscal year 2003.
    Subsection (c) clarifies that projects authorized for final 
design and construction are also authorized for alternatives 
analysis and preliminary engineering and clarifies that effect 
of certain authorizations.
    Subsection (d) defines the New Jersey Urban Core project.
    The Committee specifically defines the project elements of 
the following new starts:
    New York Susquehanna & Western Rail Line.--The New York 
Susquehanna & Western Rail Line consists of the restoration to 
such Line and improvements to the New Jersey Transit Main Line 
station in Paterson, New Jersey.
    Northstar Corridor.--The Northstar Corridor consists of the 
corridor from St. Cloud, Minnesota, through Sherburne County 
and Anoka County, to Downtown Minneapolis, Minnesota.
    Twin Cities Transitway.--The Twin Cities Transitway 
consists of the Hiawatha Corridor from Downtown Minneapolis to 
the Minneapolis-St. Paul International Airport and the Mall of 
America; the Riverview Corridor from St. Paul Eastside to the 
Minneapolis-St. Paul International Airport and the Mall of 
America; and the Northstar Corridor from Downtown Minneapolis 
to St. Cloud, Minnesota.

Sec. 333. Projects for bus and bus-related facilities

    This section makes available a portion of the discretionary 
bus funds under section 5309(m)(1)(C) for certain bus and bus-
facilities projects.
    The Committee specifically defines the following bus and 
bus-related facilities:
    Michigan Statewide Bus Facilities and Buses.--It is the 
Committee's intent that any system specific high priority 
projects in this section for the state of Michigan are in 
addition to the funding for Michigan statewide buses and bus 
facilities provided for in this section.
    New Jersey Transit Jitney Shuttle Buses.--The shuttle buses 
program is designed to serve communities along the following 
commuter rail lines: Main/Bergen, Morris/Essex and Boonton 
Lines. This program shall first serve the following 
communities: South Orange, West Orange, Maplewood, and 
Montclair, New Jersey. Any remaining funds shall then be 
available to other communities along the aforementioned rail 
lines.
    Suffolk County, New York Elderly and Disabled Buses.--These 
elderly and disabled buses are intended to serve a nonprofit 
disabled veterans organization in Suffolk County, New York.
    West Virginia Statewide Intermodal Facility and Buses.--
This statewide facility and bus grant includes funding for an 
intermodal facility in Martinsburg, West Virginia, and 
replacement buses for the Kanawha Valley Regional 
Transportation Authority, Charleston, West Virginia, and the 
Potomac Valley Transit Authority, Petersburg, West Virginia.

Sec. 334. Project management oversight

    Subsection (a) requires the Comptroller General to conduct 
a study of the Secretary's implementation of project management 
oversight under section 5327 of title 49.
    Subsection (b) lists the contents of the study.
    Subsection (c) requires that the Comptroller General submit 
to Congress a report on the results of the study not later than 
12 months after the date of enactment of this Act.

Sec. 335. Privatization

    Subsection (a) 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 privatization or contracting out mass transportation 
services on cost, availability and level of services, 
efficiency, safety, quality of service provided to transit-
dependent populations, and employer-employee relations.
    Subsection (b) provides the terms of the agreement entered 
into in subsection (a).
    Subsection (c) requires the Secretary to submit to Congress 
a report on the results of the study not later than 12 months 
of the date of the agreement.

Sec. 336. School transportation safety

    Subsection (a) 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 safety 
issues related to transporting school children to and from 
school and school-related activities by various transportation 
modes.
    Subsection (b) provides the terms of the agreement entered 
into in subsection (a).
    Subsection (c) requires the Secretary to submit to Congress 
a report on the results of the study not later than 12 months 
of the date of the agreement.

Sec. 337. Urbanized area formula study

    Subsection (a) 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.
    Subsection (b) requires the Secretary to submit to Congress 
a report on the results of the study not later than December 
31, 1999.

Sec. 338. Coordinated transportation services

    This section 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 and to 
make recommendations for enhanced coordination between the 
Department of Transportation and the other departments and 
agencies.

Sec. 339. Final assembly of buses

    Subsection (a) 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).
    Subsection (b) requires the Comptroller General to report 
its findings to Congress no later than six months from the date 
of enactment of this Act.

                    TITLE IV.--MOTOR CARRIER SAFETY

Sec. 401. Amendments to title 49, United States Code

    This section 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.

Sec. 402. State grants

    Subsection (a) amends section 31101 to revise the 
definition of ``commercial motor vehicle'' to include vehicles 
with a gross vehicle weight of at least 10,000 pounds (in 
addition to the gross vehicle weight rating). The subsection 
also 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 safety operational practices
    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) to 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 31103 to include a reference 
to improving commercial vehicle safety, in addition to 
enforcing regulations, as activities eligible for 
reimbursement.
    Subsection (e) amends section 31104(a) to provide annual 
authorizations 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.

Sec. 403. Information systems

    Subsection (a) 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.
    The Committee commends the Federal Highway Administration 
for beginning to move to a performance-based approach to motor 
carrier safety as a means of focusing resources on carriers 
which present the greatest safety risk. Complete and current 
information is essential for a performance-based approach to be 
successful and a November, 1997 General Accounting Office 
report indicated that some States lack adequate data. The new 
SafeStat system is designed to better identify program carriers 
by using on-the-road, performance data. GAO notes that the 
Office of Motor Carriers of the Federal Highway Administration 
has taken steps to improve states' data reporting by 
introducing the Inspection Selection System and other actions. 
It is intended that the programs and funds authorized by this 
section will continue to improve data collection by the States 
and the Office of Motor Carriers.

Sec. 404. Automobile transporter defined

    This section amends section 31111(a) to define ``automobile 
transporter'' as any vehicle combination designed and used 
specifically for the transport of assembled highway vehicles. 
The purpose of this section is to provide that the 
transportation of nonmotorizedrecreational vehicles is 
regulated in the same manner that the transportation of motorized 
recreational vehicles is currently regulated.

Sec. 405. Inspections and reports

    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.

Sec. 406. Exemptions and 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 
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 innovate 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.
    Section 344 of the National Highway System Designation Act 
of 1995 requires the Secretary of Transportation to implement a 
``Motor Carrier Regulatory Relief and Safety Demonstration 
Project,'' the purpose of which is to determine whether certain 
motor carriers with exemplary safety records can operate safely 
with alternative safety management plans and be subject to 
fewer regulations. The pilot still has not been implemented, 
but the Committee notes that much progress has been made in 
resolving outstanding issues and urges continued progress to 
ensure that there is sufficient carrier participation for a 
valid pilot project.

Sec. 407. Safety regulation

    Subsection (a) 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) amends section 31141 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.
    The Committee commends the Secretary for recent efforts to 
eliminate overlapping regulations from different agencies 
within the Department. One example of such overlap occurs 
between the National Highway Traffic Safety Administration's 
manufacturing standards for truck brake tubing, hoses and 
fittings and the Federal Highway Administration's regulation on 
brake tubing and hose adequacy. The Committee encourages the 
Secretary to ensure that efforts to remove this overlap by 
deleting FHWA regulations do not create a gap in coverage or 
new safety risks while NHTSA conforms its regulations.

Sec. 408. Improved interstate school safety

    Subsection (a) 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.

Sec. 409. Repeal of certain obsolete miscellaneous authorities

    This section repeals subchapter IV (sections 31161 and 
31162) which are unnecessary and burdensome provisions.

Sec. 410. Commercial vehicle operators

    Subsection (a) 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 a 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.
    Subsection (f) makes technical and conforming amendments to 
section 31314.

Sec. 411. Interim Border Safety Improvement Program

    This section 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 communication systems, and for education and outreach 
initiatives. The Federal share shall be 80 percent, but, in the 
case of grants for the employment of additional enforcement 
personnel, 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.

Sec. 412. Vehicle weight enforcement

    This section 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.

Sec. 413. Participation in international registration plan and 
        international fuel tax agreement

    This section repeals obsolete sections of chapter 317 
(sections 31702, 31703, and 31708) relating to a working group 
and grants to encourage participation in the International 
Registration Plan and the International Fuel Tax Agreement.

Sec. 414 Telephone hotline for reporting safety violations

    Subsection (a) directs the Secretary to establish, for a 
period of at least two 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.
    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.
    It is emphasized that the telephone hotline authorized in 
this section is for urgent, emergency situations only and is 
not intended to be used for routine complaints.

Sec. 415. Insulin treated diabetes mellitus

    Subsection (a) directs the Secretary 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 operatecommercial motor vehicles in interstate commerce 
that would ensure a level of safety equal to or greater than that 
achieved with the current prohibition on such drivers. The Committee 
notes that this standard 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 any 
other higher standard.
    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 cannot be developed, the Secretary must report to 
Congress the basis for such determination.
    Subsection (d) directs that, if it is determining 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.

Sec. 416. Performance-based CDL testing

    Subsection (a) directs the Secretary to review the 
procedures established by State 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.

Sec. 417. Postaccident alcohol testing

    Subsection (a) directs the Secretary to study the 
feasibility of utilizing qualified emergency responders and law 
enforcement officers for conducting postaccident alcohol 
testing of commercial motor vehicle operators as required under 
section 31306 of title 49. The study shall also examine whether 
such emergency responders as fire fighters and paramedics have 
appropriate training to conduct postaccident alcohol tests and 
whether conducting these tests would conflict the their other 
duties.
    Subsection (b) directs the Secretary to issue a report to 
Congress within 18 months on the study conducted and 
recommendations.

Sec. 418. Driver fatigue

    Subsection (a)(1) 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 nonsedating antihistamines by 
operators of commercial vehicles and to consider encouraging 
the use of such antihistamines.

Sec. 419. Safety fitness

    Subsection (a) 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 determination 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 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.
    The Committee realizes that accidents can be affected by 
the type of motor carrier operation and the environment in 
which the carrier operates. The Secretary should give 
consideration to such factors in carrying out this section.

Sec. 420. Hazardous materials transportation regulation and farm 
        service vehicles

    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.''

Sec. 421. Truck trailer conspicuity

    Subsection (a) directs the Secretary to within one year 
issue a final rule regarding the conspicuity of truck trailers 
manufactured before December 1, 1993.
    Subsection (b) set forth certain factors to be considered 
in conducting the rulemaking.
    The Department is currently considering the question of 
truck trailer conspicuity and this provision is not intended to 
interfere with those efforts. These requirements may be 
incorporated into any rulemaking currently ongoing.

Sec. 422. DOT implementation plan

    Subsection (a) directs the Secretary, within 18 months, to 
develop and submit to Congress a plan for implementing 
authority to investigate and assess civil or criminal penalties 
to enforce motor carrier regulations when violated by shippers, 
freight forwarders, brokers, and consignees.
    Subsection (b) outlines minimum elements that must be 
considered in developing the plan.

TITLE V.--PROGRAMMATIC REFORMS AND STREAMLINING

Sec. 501. Project approval and oversight

    Subsection (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 National Highway 
System (NHS) (including the Interstate system), the Secretary 
and each State will enter into an agreement as to the 
appropriate level of 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.
    Subsection (b) repeals sections of title 23 made obsolete 
by the amendments in subsection (a).

Sec. 502. Environmental streamlining

    Subsection (a) requires the establishment of 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 must be conducted 
concurrently and within cooperatively established time periods.
    Subsection (b) describes the elements to be included in the 
review process. The process provides that whenever practicable, 
all environmental reviews, analyses, opinions and any permits, 
licenses, or approvals that must be issued by a Federal agency 
must be conducted concurrently and within cooperatively 
established time periods. The time periods to be established 
are to be consistent with those established by the Council on 
Environmental Quality in implementing the National 
Environmental Policy Act (NEPA). Such time periods shall be 
extended by the Secretary if, upon good cause shown, the 
Secretary and the Federal agency determine that such extension 
is necessary as a result of new information that could not 
reasonably have been anticipated when the time periods for 
review were established.
    Subsection (c) describes the dispute resolution process for 
resolving issues related to a highway construction project. If 
the review or analysis by a Federal agency is not completed 
within the time period for review then the Secretary may assume 
concurrence. If an environmental issue cannot be resolved after 
timely compliance, then the Secretary and the head of the 
Federal agency shall resolve the issue.
    Subsection (d) directs that the purpose and need for the 
highway project as defined by the project applicant and the 
Secretary shall be given due consideration in the preparation 
of any environmental impact statement pursuant to the National 
Environmental Policy Act of 1969 or any other environmental 
review, analysis, opinion, or issuance of any permit, license 
or approval that requires an analysis of purpose and need.
    Subsection (e) allows States, at their option and by 
operation of State law, to require State agencies to 
participate in the coordinated review process, provided that 
all relevant State agencies are required to participate in the 
process.
    Subsection (f) allows the additional costs associated with 
Federal agencies complying with this process to be considered 
eligible project 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.
    Subsection (g) defines Federal agency as any Federal agency 
or State agency carrying out affected responsibilities by 
operation of Federal law.
    Subsection (h) clarifies that nothing in this section 
affects judicial reviewability and contains a savings clause.
    Subsection (i) directs the Secretary, in consultation with 
the Council on Environmental Quality, to establish a State 
environmental review delegation pilot demonstration program to 
allow a limited number of States to assume responsibility for 
implementing the National Environmental Policy Act for highway 
projects. The pilot program will require each State to provide 
a certification and submit to regular oversight. The pilot 
lasts for three years.

Sec. 503. Major investment study integration

    This section requires the Secretary to issue new 
regulations to integrate the Major Investment Study process, 
which is a requirement in the planning regulations, into the 
environmental review process for transportation projects. The 
two processes are currently not integrated although many of 
their requirements and purposes overlap and are similar.

Sec. 504. Financial plan

    This section 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.

Sec. 505. Uniform transferability of Federal-aid highway funds

    Subsection (a) 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.
    Subsection (b) makes a conforming amendment to the table of 
sections for Title 23.

Sec. 506. Discretionary grant selection criteria and process

    This section requires that the Secretary establish and 
publish the guidelines used for the awarding of discretionary 
grants and that the Secretary give preference to donor states 
when considering equal applications for grants. It also 
requires that the Secretary notify Congress 14 days before 
awarding a discretionary grant how the project conforms to the 
published guidelines.

Sec. 507. Elimination of regional office responsibilities

    This section requires that the Secretary eliminate 
programmatic responsibility of regional offices of the Federal 
Highway Administration as part of the Administration's efforts 
to restructure its field offices, including elimination of 
regional offices, creation of technical resources centers and 
delegation to State offices. The Secretary shall begin 
implementation of a plan submitted to Congress not later than 
December 31, 1998.

Sec. 508. Authority for Congress make midcourse corrections at the 
        highway and transit programs

    This section 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.

                   TITLE VI.--TRANSPORTATION RESEARCH

Sec. 601. Amendments to title 23, 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 
of title 23, United States Code.

Sec. 602. Applicability of title 23

    This section appropriates contract authority from the 
Highway Trust Fund for programs in this Title.

Sec. 603. Transfers of funds

    This section allows the Secretary to transfer up to 10 
percent of the funds made available for the research programs 
from one research category to any other research category.

Subtitle A.--Surface Transportation Research, Technology, and Education

                PART I.--HIGHWAY RESEARCH AND TECHNOLOGY

Sec. 611. Research

    Subsection (a) makes technical changes to section 307 of 
title 23. It moves the Research Fellowships program, to section 
326. It also deletes the requirement that research be funded 
from administrative expenses. It will not be funded directly.
    Subsection (B) requires the Secretary to continue research 
on the long term performance of pavements. This research began 
with the enactment of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987.
    Subsection (c) replaces the outdated section 307(3)(B) with 
a requirement that the Secretary conduct advanced long term 
highway research. The new section allows the Secretary to make 
grants to carry out such research and sets out the purposes and 
scope of the program.
    Subsection (d) repeals an outdated reporting requirement.
    Subsection (e) repeals outdated provisions and makes 
conforming changes to section 307.
    Subsection (f) makes changes to the existing seismic 
research program to include all surface transportation modes.
    Subsection (g) makes changes to the requirement for a 
biennial report on the condition of the Nation's highways and 
bridges to include an estimate of the back-log of needs.
    Subsection (h) authorizes a recycled materials research 
program.
    Subsection (i) changes the title of Section 307 to 
Research.
    The Committee also encourages the Secretary to develop a 
program to study the use of remote sensing and spatial 
information systems to help reduce the cost and time associated 
with national transportation infrastructure development and 
construction and should consult with other federal agencies and 
universities experienced in these areas.
    The Committee believes that a unique opportunity to conduct 
research exists during the Interstate 15 reconstruction project 
and other transportation projects in Salt Lake Valley in Utah. 
The research performed during the reconstruction of Interstate 
15 and other projects will provide the country with a detailed 
analysis of the load capacities of deteriorated bridge 
structures, seismic retrofitting, new non-destructive 
evaluation techniques and many other valuable areas of 
research. The Committee directs the FHWA to work with the Utah 
Transportation Center in a timely manner to ensure the 
execution of such research.

Sec. 612. State planning and research

    This section creates a new section 313 of title 23 
containing the provisions previously contained in section 
307(c).

Sec. 613. International Highway Transportation Outreach Program

    Subsection (a) expands and broadens the purposes of this 
program, including the gathering and dissemination of 
information on foreign transportation markets and industries.
    Subsection (b) allows the Secretary to accept funds from 
cooperating organizations to carry out this program.
    Subsection (c) allows the States to use their State 
planning and research funds to participate in the International 
program.

    PART II.--TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND 
                         TECHNOLOGY DEPLOYMENT

Sec. 621. National Highway Institute

    This section repeals section 321(f) that allowed the 
National Highway Institute to be funded from administrative 
expenses. The Institute will now be funded directly.

Sec. 622. National Technology Deployment Initiative

    Subsection (a) establishes a new national technology 
deployment initiative as section 322. The initiative's purpose 
is to increase the use of research results by thetransportation 
community. The initiative is to be conducted in cooperation with 
interested parties and coordinated with other technology transfer 
activities.
    Subsection (b) conforms the table of sections for Chapter 3 
of title 23.

Sec. 623. Education and training programs

    Subsection (a) makes a technical amendment to the title of 
section 326(a).
    Subsection (b) deletes section 326(c) that allowed the 
Local Technical Assistance Program to be funded from 
administrative expenses. The Program will now be funded 
directly. The research fellowship programs that were in section 
307 are reestablished in section 326(b).
    Subsection (b) conforms the table of sections for Chapter 3 
of title 23.
    The Committee believes that targeting the majority of the 
Eisenhower fellowships toward students pursuing graduate work 
in transportation engineering and research is one of the best 
uses of the limited funds available.

Sec. 624. University transportation research

    Subsection (a) establishes the University Transportation 
Research program in Chapter 55 of Title 49 consolidating the 
existing University Transportation Centers and University 
Research Institutes. The program consists of ten centers 
representing each Federal region and an additional ten centers 
selected at large. The selection criteria, objectives of the 
program, and other requirements are established. Any university 
receiving a grant under this program for FY 1997 will receive 
grants in FY 1998 and FY 1999. The subsection lists 
universities and consortia the Secretary shall consider along 
with other applicants, when selecting grant recipients.
    Subsection (b) conforms the table of sections for chapter 
55 of Title 49.
    Subsection (c) establishes and funds the Appalachian 
Transportation Institute.
    Subsection (d) continues and funds the ITS Institute.

Sec. 625. Funding allocations

    The section allocates the funds made available to carryout 
this Part.

   part iii.--bureau of transportation statistics and miscellaneous 
                                programs

Sec. 631. Bureau of Transportation Statistics

    Subsection (a) makes certain changes to the purposes and 
authorities of the Bureau of Transportation Statistics and 
provides funding for the Bureau. It requires the establishment 
of a national transportation library, an atlas data base, and 
an intermodal transportation data base. The Bureau is 
authorized to make research and development grants. Provisions 
are included ensuring certain proprietary or private 
information that is gathered by the Bureau in the course of its 
work is not disclosed. The Bureau is given certain 
responsibilities under the Government Performance and Results 
Act of 1993.
    Subsection (b) makes conforming amendments to Section 5503 
of Title 49.

Sec. 632. Transportation Technology Innovation and Demonstration 
        Program

    Subsection (a) establishes a program to develop and 
demonstrate certain surface transportation technologies.
    Subsection (b) defines the contents of the program.
    This program includes funding for the Secretary to expand 
upon a previous study the motor vehicle safety warning system 
and to begin operational testing. This continues a study 
authorized by the National Highway System Designation of 1995. 
The Committee hopes that these tests may provide a cost-
effective way for State and local agencies to communicate 
safety and traffic information to motorists.
    This program also includes funding to conduct research into 
the advance uses of concrete pavement for federal-aid projects. 
Among the factors the research should consider are methods to 
identify and disseminate to the concrete pavement industry 
practices and techniques to extend the lifespan of new or 
existing concrete pavement, ways to reduce costs, traffic 
delays and motor inconvenience without compromising performance 
and enhanced quality control tests to determine whether design 
and engineering specifications are met.
    The Committee encourages the use of recycled materials in 
transportation projects. The Secretary should continue to work 
with the States, including the issuance of special procedures 
if needed, to increase the use of such materials and assist the 
creation of a viable commercial market.

            Subtitle B.--Intelligent Transportation Systems

Sec. 651. Definitions

    Intelligent Transportation System (ITS), Intelligent 
Transportation Infrastructure, Secretary, and State are 
defined.

Sec. 652. Scope of program

    Subsection (a) directs the Secretary to conduct a research, 
development, and deployment program for ITS.
    Subsection (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.

Sec. 653 General authorities and requirements

    Subsection (a) requires the Secretary to conduct the ITS 
program in a cooperative and consultative manner with public, 
private and educational organizations.
    Subsection (b) requires the establishment of an 
architecture, standards, and protocols for the development of 
ITS to ensure that ITS technologies are interoperable.
    Subsection (c) requires the Secretary to issue guidelines 
for the evaluation of ITS projects conducted under section 655.
    Subsection (d) establishes a technical clearinghouse of ITS 
data.
    Subsection (e) allows the Secretary to utilize advisory 
committees when carrying out the ITS program.
    Subsection (f) requires that ITS projects carried out with 
funds from the Highway Trust Fund conform to the national ITS 
architecture and standards.
    Subsection (g) requires life-cycle cost analyses of ITS 
projects costing over $3 million.
    Subsection (h) requires that ITS software conform to 
certain standards.

Sec. 654. National ITS program plan

    Subsection (a) requires that the national ITS program plan 
be maintained and kept up to date. It also sets the contents of 
the plan.
    Subsection (b) requires biennial reports to Congress on the 
plan.

Sec. 655. Technical assistance, planning, research, and operational 
        tests

    Subsection (a) allows the Secretary to provide technical 
assistance, training and information to State and local 
government for ITS projects.
    Subsection (b) allows the Secretary to use funds to better 
integrate ITS into State and metropolitan planning.
    Subsection (c) allows the Secretary to use funds to conduct 
research and test ITS.
    Subsection (d) allows the Secretary to use funds to conduct 
research and demonstrations of integrated vehicle and roadway 
safety, including infrastructure based, systems.

Sec. 656 ITS deployment

    Subsection (a) establishes the ITS deployment program and 
sets its purposes. The primary purpose is to integrate existing 
ITS components to ensure they work as systems.
    Subsection (b) sets the goals for the program.
    Subsection (c) establishes specific requirements that a 
project must meet to be eligible for funding.
    Subsection (d) requires that at least 25 percent of funds 
be used for commercial vehicle ITS projects and that at least 
10 percent be used outside of metropolitan areas. It also sets 
limits on how much can be spent on certain types of projects.

Sec. 657. Funding allocations

    Subsection (a) sets the funding allocation for the ITS 
Deployment program and allows the use of unallocated funds for 
other ITS activities.
    Subsection (b) sets the funding allocation for ITS research 
and program support.
    Subsection (c) establishes a 50 percent Federal share for 
the Intelligent Transportation Infrastructure Deployment 
Incentives program and long-range intelligent vehicle 
activities. Federal funds from other sources may increase the 
Federal share to 80 percent. Other ITS activities under this 
subtitle may be funded at an 80 percent Federal share. The 
Secretary shall also seek maximum participation of other public 
and private funding sources.
    Subsection (d) establishes an advanced traffic monitoring 
and response center.

Sec. 658. Global positioning satellite data

    Provides for, at minimum, a two year period during which 
records produced by global positioning satellite systems cannot 
be used in enforcement proceedings except in certain specific 
circumstances. The section also directs the Secretary to 
contract for an independent entity to identify, examine and 
evaluate current and future issues andpolicies related to 
government access to such data. The Office of the Inspector General of 
the Department shall approve the statement of work and awarding of the 
contract.

Sec. 659. Repeal

    Repeals the ITS programs that were established in the 
Intermodal Surface Transportation Efficiency Act (ISTEA) as 
they are superseded by the new programs in this subtitle.

                     TITLE VII.--TRUTH IN BUDGETING

Sec. 701. Budgetary treatment of Highway Trust Funds

    This language tracks the language used to take the Social 
Security Trust Funds off-budget in Section 13301 of the Budget 
Enforcement Act of 1990. Specifically, the language provides 
that all receipts and disbursements shall not be counted as new 
budget authority, outlays, receipts, or deficit or surplus for 
purposes of: (1) the budget of the United States Government as 
submitted by the President, (2) the congressional budget 
(including allocations of budget authority and outlays provided 
therein), or (3) the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Gramm-Rudman). All trust fund spending and 
receipts remain subject to a Balanced Budget constitutional 
amendment.
    This language removes the trust fund from: (1) calculations 
of the on-budget deficit, (2) congressional budget resolutions, 
including spending allocations provided to committees, and (3) 
spending points of order under the Budget Act. Spending remains 
subject to the Line Item Veto Act of 1996.

Sec. 702. Applicability

    Provides that this Act becomes effective beginning with the 
1998 Fiscal Year.

            TITLE VIII.--RECREATIONAL BOATING SAFETY PROGRAM

Sec. 801. Short title

    This section states that this title may be cited as the 
Recreational Boating Safety Improvement Act of 1997.

Sec. 802. Amendments related to Recreational Boating Safety Program

    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. This section 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 1998, 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, 1997.

                          TITLE IX.--RAILROADS

Sec. 901. High speed rail

    Subsection (a) authorizes $10 million in each of fiscal 
years 1997 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.

Sec. 902. Light density rail line pilot projects

    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.

Sec. 903. Miami-Orlando-Tampa corridor project

    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.
    The Committee notes that the state of Florida plans to 
finance this project with a significant allocation of its own 
funds and project revenues. In addition, the private sector 
consortium to which the state has granted a franchise to build 
and operate the system--known as the Florida Overland Express 
(FOX)--is contributing $349 million in at-risk capital to the 
project. In implementing the project, the state of Florida and 
its private sector partners are planning to invest in excess of 
$6 billion. The federal grant authorized in this section 
represents less than 3.5% of project costs. The Committee 
believes that the project deserves strong support.

Sec. 904. Alaska Railroad

    Subsection (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.

Sec. 905. Railway highway crossing hazard elimination in high speed 
        rail corridors

    Authorizes $5,250,000 for fiscal years 1998 through 2003 to 
carry out section 104(d)(2) of title 23.

Sec. 906. Railroad rehabilitation and improvement financing

    Subsection (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 transaction 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.

           TITLE X.--CONDITIONS FOR IMPLEMENTATION OF FUNDING

Sec. 1001. Conditions for implementation of funding

    This section contains language providing that BESTEA funds 
shall not be made available for apportionment, allocation, or 
obligation until the appropriate offsets are enacted into law. 
Specifically, the offsets are to cover the cost of BESTEA above 
the CBO baseline, after adjustment to remove inflation from the 
baseline and to correct for the transfer to the trust fund of 
funding responsibility for several programs currently paid for 
out of the general fund.
    The provision states that the offsets shall be through 
mandatory and discretionary savings. It does not specify what 
specific mandatory savings will be enacted nor does it specify 
levels of discretionary savings. These issues will be resolved 
in conference with the Senate.

                                Hearings

    The Subcommittee on Surface Transportation held six days of 
hearings during 1997 on the reauthorization of the Intermodal 
Surface Transportation Efficiency Act of 1991.

                        Committee Consideration

    On March 24, 1998, the Committee met in open session and 
ordered reported H.R. 2400, as amended, to authorize funds for 
Federal-aid highways, highway safety programs, and transit 
programs and for other purposes, unanimously by recorded vote, 
a quorum being present.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI requires each committee report 
to include the total number of votes cast for and against on 
each roll call vote on a motion to report and on any amendment 
offered to the measure or matter, and the names of those 
members voting for and against. There was one roll call vote 
which occurred on a motion by Mr. Petri to order H.R. 2400 
reported to the House, with an amendment. The votes were as 
follows:
    AYE: Bachus, Baker, Barcia, Bass, Bateman, Blumenauer, 
Blunt, Boehlert, Borski, Boswell, Brown, Clement, Clyburn, 
Cook, Cooksey, Costello, Cummings, Danner, Davis, DeFazio, 
Duncan, Ehlers, Emerson, Ewing, Filner, Fossella, Fowler, Fox, 
Franks, Gilchrest, Granger, Holden, Hutchinson, Johnson of 
Texas, Johnson of Wisconsin, Kelly, Kim, Lahood, Lampson, 
LaTourette, Lipinski, LoBiondo, McGovern, Mascara, Menendez, 
Metcalf, Mica, Millender-McDonald, Moran, Nadler, Ney, Norton, 
Oberstar, Pascrell, Pease, Petri, Pickering, Pitts, Quinn, 
Rahall, Sandlin, Tauscher, Taylor, Thune, Traficant, Watts, 
Wise, Young, Shuster.
    NAY: None.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, oversight findings and 
recommendations have been made by the Committee as reflected in 
this report.

                        Cost of the Legislation

    Clause 7 of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate will 
be included in a supplemental report.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office which will be included in a supplemental report.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2400.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office which will be included in a supplemental report.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolutions of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds the Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                            Federal Mandates

    The Committee will provide an estimate of Federal Mandates 
pursuant to section 423 of the Unfunded Mandates Reform Act in 
a supplemental report.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                          Exchange of Letters

                          House of Representatives,
                                    Committee on Resources,
                                    Washington, DC, March 25, 1998.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn House 
        Office Building, Washington, DC.
    Dear Mr. Chairman: I have reviewed the text of H.R. 2400, 
the Building Efficient Surface Transportation and Equity Act of 
1997, as reported from the Committee on Transportation of 
Infrastructure on March 24, 1998. I believe that the Committee 
on Resources has a substantial jurisdictional interest in many 
provisions of this important legislation affecting recreational 
trails, highways on federal public lands (including national 
parks, Indian lands and public domain forest lands), a $12.4 
million Department of Interior visitors center in West 
Virginia, the National Scenic Byways Program, various historic 
preservation/museum projects, projects, to benefit wildlife, 
highway safety as it applies to Indian country, modifications 
of procedures under the National Environmental Policy Act, and 
amendments to recreational boating safety program.
    Recognizing that this historic bill is scheduled to be 
considered by the House of Representatives next week, and 
noting the strong spirit of cooperation and coordination your 
staff has shown mine in the development of this bill, I will 
forego seeking a sequential referral of H.R. 2400 to the 
Committee on Resources. Waiving the Committee on Resources' 
right to a referral in this case does not waive the Committee's 
jurisdiction over any provision in H.R. 2400 or similar 
provisions in other bills. In addition, I ask that you support 
my request to have the Committee on Resources represented on 
the conference on this bill, if a conference is necessary. 
Finally, I ask that you include this letter in the Committee on 
Transportation and Infrastructure's bill report.
    I appreciate your leadership and cooperation on this bill 
and I look forward to working with you to see that H.R. 2400 is 
enacted into law soon.
            Sincerely,
                                               Don Young, Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                    Washington, DC, March 25, 1998.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        House of Representatives, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of March 25, 
1998, regarding H.R. 2400, the Building Efficient Surface 
Transportation and Equity Act of 1998. Your assistance in 
expediting consideration of the bill is very much appreciated.
    I agree that there are provisions in the bill that are of 
jurdictional interest to the Committee on Resources and I agree 
that by foregoing a sequential referral the Committee on 
Resources is not waiving its jurisdiction.
    I would be pleased to support the representation of your 
Committee in any conference on H.R. 2400 on matters within the 
jurisdiction of the Committee on Resources. And, as you have 
requested, I will include this exchange of letters in the 
Committee report on the bill. Thank you for your cooperation 
and your continued leadership and support in surface 
transportation matters.
    With warm personal regards, I am
            Sincerely,
                                            Budg Shuster, Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Commerce,
                                    Washington, DC, March 25, 1998.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn House 
        Office Building, Washington, DC.
    Dear Mr. Chairman: On March 25, 1998, your Committee 
ordered reported H.R. 2400, the ``Building Efficient Surface 
Transportation and Equity Act of 1998'' (BESTEA). Certain 
provisions of BESTEA fall within the jurisdiction of the 
Commerce Committee, including provisions related to national 
air quality standards and the school bus occupant safety study. 
I appreciate the efforts of your staff to keep my staff 
apprised of provisions in the bill within the jurisdiction of 
the Commerce Committee.
    Recognizing the need to bring this legislation to the House 
Floor expeditiously, I will not seek a sequential referral of 
the bill. However, by agreeing not to seek a sequential 
referral, this Committee does not waive its jurisdictional 
interest in matters within the jurisdiction of the Commerce 
Committee. I would appreciate your support of my effort to seek 
conferees on all provisions of the bill that are within the 
Commerce Committee's jurisdiction during any House-Senate 
conference that may be convened on this legislation.
    I would also appreciate your including this letter as a 
part of the Transportation and Infrastructure Committee's 
report on H.R. 2400, and as part of the record during 
consideration of this bill by the House.
    Thank you for your consideration.
            Sincerely,
                                              Tom Bliley, Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                    Washington, DC, March 25, 1998.
Hon. Thomas Bliley,
Chairman, Committee on Commerce, Rayburn House Office Building, House 
        of Representatives, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of March 25, 
1998, regarding H.R. 2400, the Building Efficient Surface 
Transportation Equity Act of 1998. Your assistance in 
expediting consideration of the bill is very much appreciated.
    I agree that there are certain provisions in the bill that 
are of jurisdictional interest to the Committee on Commerce and 
I agree that by foregoing a sequential referral the Committee 
on Commerce is not waving its jurisdiction. Be assured that I 
will support your request to be represented in the conference 
on those provisions in the jurisdiction of the Commerce 
Committee.
    As you request, I will include this exchange of letters in 
the Committee report on the bill and in the Record when the 
bill is on the Floor. Thank you for your cooperation and your 
continued leadership and support in surface transportation 
matters.
    With warm personal regards, I am
            Sincerely,
                                             Bud Shuster, Chairman.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 23, UNITED STATES CODE

         *        *        *        *        *        *        *     

                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.

101. Definitions and declaration of policy.
         *        *        *        *        *        *        *     
[105. Programs.
[106. Plans, specifications, and estimates.]
106. Project approval and oversight.
         *        *        *        *        *        *        *     
[110. Project agreements.]
110. Uniform transferability of Federal-aid highway funds.
         *        *        *        *        *        *        *     
[117. Certification acceptance.]
         *        *        *        *        *        *        *     
[126. Diversion.]
         *        *        *        *        *        *        *     
154. High risk road safety improvement program.
         *        *        *        *        *        *        *     
[160. Reimbursement for segments of the Interstate System constructed 
          without Federal assistance.]
160. High cost Interstate System reconstruction and improvement program.
         *        *        *        *        *        *        *     
162. National scenic byways program.

Sec. 101. Definitions and declaration of policy

  [(a) As used in this title, unless the context requires 
otherwise--
  [The term ``apportionment'' in accordance with section 104 of 
this title includes unexpended apportionments made under prior 
acts.
  [The term ``construction'' means the supervising, inspecting, 
actual building, and all expenses 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, 
locating, surveying, and mapping (including the establishment 
of temporary and permanent geodetic markers in accordance with 
specifications of the National Oceanic and Atmospheric 
Administration in the Department of Commerce), resurfacing, 
restoration, and rehabilitation, acquisition of rights-of-way, 
relocation assistance, elimination of hazards of railway grade 
crossings, elimination of roadside obstacles, acquisition of 
replacement housing sites, acquisition and rehabilitation, 
relocation, and construction of replacement housing, and 
improvements which 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. The term also includes 
capital improvements which directly facilitate an effective 
vehicle weight enforcement program, such as scales (fixed and 
portable), scale pits, scale installation, and scale houses and 
also includes costs incurred by the State in performing 
Federal-aid project related audits which directly benefit the 
Federal-aid highway program.
  [The term ``county'' includes corresponding units of 
government under any other name in States which do not have 
county organizations, and likewise in those States in which the 
county government does not have jurisdiction over highways it 
may be construed to mean any local government unit vested with 
jurisdiction over local highways.
  [The term ``Federal lands highways'' means forest highways, 
public lands highways, park roads, parkways, and Indian 
reservation roads which are public roads.
  [The term ``forest road or trail'' means a road or trail 
wholly or partly within, or adjacent to, and serving the 
National Forest system and which is necessary for the 
protection, administration, and utilization of the National 
Forest system and the use and development of its resources.
  [The term ``forest development roads and trails'' means a 
forest road or trail under the jurisdiction of the Forest 
Service.
  [The term ``forest highway'' means a forest road under the 
jurisdiction of, and maintained by, a public authority and open 
to public travel.
  [The term ``highway'' includes roads, streets, and parkways, 
and also includes rights-of-way, bridges, railroad-highway 
crossings, tunnels, drainage structures, signs, guardrails, and 
protective structures, in connection with highways. It further 
includes that portion of any interstate or international bridge 
or tunnel and the approaches thereto, the cost of which is 
assumed by a State highway 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.
  [The term ``Federal-aid highways'' means highways eligible 
for assistance under this chapter other than highways 
classified as local roads or rural minor collectors.
  [The term ``highway safety improvement project'' means a 
project which 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 high accident potential 
locations.
  [The term ``Indian reservation roads'' means public roads 
that are located within or provide access to an Indian 
reservation or Indian trust land or restricted Indian land 
which 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.
  [The term ``maintenance'' means the preservation of the 
entire highway, including surface, shoulders, roadsides, 
structures, and such traffic-control devices as are necessary 
for its safe and efficient utilization.
  [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.
  [The term ``parkway'' as used in chapter 2 of this title, 
means a parkway authorized by an Act of Congress on lands to 
which title is vested in the United States.
  [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.
  [The term ``project agreement'' means the formal instrument 
to be executed by the State highway department and the 
Secretary as required by the provisions of subsection (a) of 
section 110 of this title.
  [The term ``public lands development roads and trails'' means 
those roads or trails which the Secretary of the Interior 
determines are of primary importance for the development, 
protection, administration, and utilization of public lands and 
resources under his control.
  [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.
  [The term ``public road'' means any road or street under the 
jurisdiction of and maintained by a public authority and open 
to public travel.
  [The term ``rural areas'' means all areas of a State not 
included in urban areas.
  [The term ``Secretary'' means Secretary of Transportation.
  [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. Boundaries shall, at a minimum, encompass the 
entire urbanized area within a State as designated by the 
Bureau of the Census.
  [The term ``State'' means any one of the fifty States, the 
District of Columbia, or Puerto Rico.
  [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 highway department.
  [The term ``State highway department'' means that department, 
commission, board, or official of any State charged by its laws 
with the responsibility for highway construction.
  [The term ``Federal-aid system'' means any one of the 
Federal-aid highway systems described in section 103 of this 
title.
  [The term ``National Highway System'' means the Federal-aid 
highway system described in subsection (b) of section 103 of 
this title.
  [The term ``Interstate System'' means the Dwight D. 
Eisenhower National System of Interstate and Defense Highways 
described in subsection (e) of section 103 of this title.
  [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.
  [The term ``carpool project'' means any project to encourage 
the use of carpools and vanpools, including but not limited to 
provision of carpooling opportunities to the elderly and 
handicapped, 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.
  [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.
  [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.
  [The term ``operational improvement'' means 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 such other 
capital improvements to public roads as the Secretary may 
designate, by regulation; except that such term 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.
  [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 five thousand 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, as a minimum, 
encompass 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.
  [The term ``transportation enhancement activities'' means, 
with respect to any project or the area to be served by the 
project, provision of facilities for pedestrians and bicycles, 
acquisition of scenic easements and scenic or historic sites, 
scenic or historic highway programs, 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, and mitigation of water 
pollution due to highway runoff.]
  (a) Definitions.--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 handicapped, 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 all 
        expenses 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 which 
        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 in 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 which 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 which 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 which 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 highways.--The term ``Federal-aid 
        highways'' means highways eligible for assistance under 
        this chapter other than highways classified as local 
        roads or rural minor collectors.
          (6) Federal-aid system.--The term ``Federal-aid 
        system'' means any one of the Federal-aid highway 
        systems described in section 103.
          (7) Federal lands highways.--The term ``Federal lands 
        highways'' means forest highways, public lands 
        highways, park roads, parkways, and Indian reservation 
        roads which are public roads.
          (8) Forest development roads and trails.--The term 
        ``forest development roads and trails'' means a forest 
        road or trail 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 
        and which 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 roads, 
        streets, and parkways, and also includes rights-of-way, 
        bridges, railroad-highway crossings, tunnels, drainage 
        structures, signs, guardrails, and protective 
        structures, in connection with highways. It further 
        includes that portion of any interstate or 
        international bridge or tunnel and the approaches 
        thereto, the cost of which is assumed by a State 
        highway 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) Highway safety improvement project.--The term 
        ``highway safety improvement project'' means a project 
        which 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 high 
        accident potential locations.
          (13) Indian reservation roads.--The term ``Indian 
        reservation roads'' means public roads that are located 
        within or provide access to an Indian reservation or 
        Indian trust land or restricted Indian land which 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.
          (14) Interstate System.--The term ``Interstate 
        System'' means the Dwight D. Eisenhower National System 
        of Interstate and Defense Highways described in section 
        103(e).
          (15) 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 its safe and 
        efficient utilization.
          (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'' means 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 such other capital 
        improvements to public roads as the Secretary may 
        designate, by regulation; except that such term 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 highway department and the Secretary as 
        required by section 110(a).
          (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 roads and trails'' 
        means those roads or trails which the Secretary of the 
        Interior determines are of primary importance for the 
        development, protection, administration, and 
        utilization of public lands and resources under his 
        control.
          (25) Public lands highway.--The term ``public lands 
        highway'' means any highway through unappropriated or 
        unreserved public lands, nontaxable Indian lands, or 
        other Federal reservations under the jurisdiction of 
        and maintained by a public authority and open to public 
        travel.
          (26) 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.
          (27) Rural areas.--The term ``rural areas'' means all 
        areas of a State not included in urban areas.
          (28) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
          (29) State.--The term ``State'' means any one of the 
        fifty States, the District of Columbia, or Puerto Rico.
          (30) 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 highway department.
          (31) State highway department.--The term ``State 
        highway department'' means that department, commission, 
        board, or official of any State charged by its laws 
        with the responsibility for highway construction.
          (32) 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 has a direct link 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, landscaping and other scenic 
        beautification, including removal of graffiti and 
        litter to the extent that such removal is in excess of 
        fiscal year 1997 maintenance levels for removal of 
        graffiti and litter, 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 provision 
        of tourist and welcome centers.
          (33) 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, as a minimum, encompass 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.
          (34) 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. Boundaries shall, at a 
        minimum, encompass the entire urbanized area within a 
        State as designated by the Bureau of the Census.
         *        *        *        *        *        *        *     

Sec. 102. Program efficiencies

  (a) * * *
  (b) Access of Motorcycles.--No State or political subdivision 
of a State may 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.
  [(b)] (c) Engineering Cost Reimbursement.--If on-site 
construction of, or acquisition of right-of-way for, a highway 
project is not commenced within 10 years after the date on 
which Federal funds are first made available, out of the 
Highway Trust Fund (other than Mass Transit Account), for 
preliminary engineering of such project, the State shall pay an 
amount equal to the amount of Federal funds made available for 
such engineering. The Secretary shall deposit in such Fund all 
amounts paid to the Secretary under this section.

Sec. 103. Federal-aid systems

  (a) * * *
  (b) National Highway System.--
          (1) * * *
          (2) Components.--The National Highway System shall 
        consist of the following:
                  (A) Highways designated as part of the 
                Interstate System under subsection (e) and 
                section 139 of this title.
                  (B) Other urban and rural principal arterials 
                and highways (including toll facilities) which 
                provide motor vehicle access between such an 
                arterial and a major port, airport, public 
                transportation facility, or other intermodal 
                transportation facility. [The States, in 
                cooperation with local and regional officials, 
                shall propose to the Secretary arterials and 
                highways for designation to the National 
                Highway System under this paragraph. In 
                urbanized areas, the local officials shall act 
                through the metropolitan planning organizations 
                designated for such areas under section 134 of 
                this title. The routes on the National Highway 
                System, as shown on the map submitted by the 
                Secretary to the Committee on Public Works and 
                Transportation of the House of Representatives 
                and the Committee on Environment and Public 
                Works of the Senate in 1991, illustrating the 
                National Highway System, shall serve as the 
                basis for the States in proposing arterials and 
                highways for designation to such system. The 
                Secretary may modify or revise such proposals 
                and submit such modifiedor revised proposals to 
Congress for approval in accordance with paragraph (3).]
                  (C) A strategic highway network which is a 
                network of highways which are important to the 
                United States strategic defense policy and 
                which provide defense access, continuity, and 
                emergency capabilities for the movement of 
                personnel, materiels, and equipment in both 
                peace time and war time. Such highways may 
                include highways on and off the Interstate 
                System and shall be designated by the Secretary 
                in consultation with appropriate Federal 
                agencies and the States [and be subject to 
                approval by Congress in accordance with 
                paragraph (3)].
                  (D) Major strategic highway network 
                connectors which are highways that provide 
                motor vehicle access between major military 
                installations and highways which are part of 
                the strategic highway network. Such highways 
                shall be designated by the Secretary in 
                consultation with appropriate Federal agencies 
                and the States [and subject to approval by 
                Congress in accordance with paragraph (3)].
          [(3) Approval of designations.--
                  [(A) Proposed designations.--Not later than 2 
                years after the date of the enactment of this 
                section, the Secretary shall submit for 
                approval to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Public Works and Transportation of the House of 
                Representatives a proposed National Highway 
                System with a list and description of highways 
                proposed to be designated to the National 
                Highway System under this subsection and a map 
                showing such proposed designations. In 
                preparing the proposed system, the Secretary 
                shall consult appropriate local officials and 
                shall use the functional reclassification of 
                roads and streets carried out under subsection 
                (c) of section 1006 of the Intermodal Surface 
                Transportation Efficiency Act of 1991.
                  [(B) Approval of congress required.--After 
                September 30, 1995, no funds made available for 
                carrying out this title may be apportioned for 
                the National Highway System or the Interstate 
                maintenance program under this title unless a 
                law has been approved designating the National 
                Highway System.
                  [(C) Maximum mileage.--The mileage of 
                highways on the National Highway System shall 
                not exceed 155,000 miles; except that the 
                Secretary may increase or decrease such maximum 
                mileage by not to exceed 15 percent.
                  [(D) Equitable allocations of highway 
                mileage.--The Secretary shall provide for 
                equitable allocation of highway mileage on the 
                National Highway System among the States.
          [(4) Interim system.--For fiscal years 1992, 1993, 
        1994, and 1995, highways classified as principal 
        arterials by the States shall be treated as being on 
        the National Highway System for purposes of this 
        title.]
          (3) Maximum mileage.--The mileage of highways on the 
        National Highway System shall not exceed 155,000 miles; 
        except that the Secretary may increase or decrease such 
        maximum mileage by not to exceed 15 percent.
          [(5)] (4) Designation of nhs.--
                  (A) Basic system.-- The National Highway 
                System as submitted by the Secretary of 
                Transportation on the map entitled ``Official 
                Submission, National Highway System, Federal 
                Highway Administration'', and dated November 
                13, 1995, is hereby designated within the 
                United States, including the District of 
                Columbia and the Commonwealth of Puerto Rico.
                  (B) Intermodal connectors.--The modifications 
                to the National Highway System that consist of 
                highway connections to major ports, airports, 
                international border crossings, public 
                transportation and transit facilities, 
                interstate bus terminals, and rail and other 
                intermodal transportation facilities, as 
                submitted to Congress by the Secretary on the 
                map dated May 24, 1996, are designated within 
                the United States, including the District of 
                Columbia and the Commonwealth of Puerto Rico.
          [(6)] (5) Modifications to nhs.--
                  (A) In general.--[Subject to paragraph (7), 
                the] The Secretary may make modifications to 
                the National Highway System that are proposed 
                by a State or that are proposed by the State 
                and revised by the Secretary or, in the case of 
                the strategic highway network, that are 
                proposed by the Secretary in consultation with 
                appropriate Federal agencies and the States if 
                the Secretary determines that each of the 
                modifications--
                          (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.--In proposing modifications 
                under this paragraph, a State shall cooperate 
                with local and regional officials. In urbanized 
                areas, the local officials shall act through 
                the metropolitan planning organizations 
                designated for such areas under section 134.
          [(7) Transitional rules for intermodal connectors.--
                  [(A) Required submission.--Not later than 180 
                days after the date of the enactment of the 
                National Highway System Designation Act of 
                1995, the Secretary shall submit for approval 
                to the Committee on Environment and Public 
                Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives modifications to the 
                National Highway System that are proposed by a 
                State or that are proposed by the State and 
                revised by the Secretary and that consist of 
                connectors to major ports, airports, 
                international border crossings, public 
                transportation and transit facilities, 
                interstate bus terminals, and rail and other 
                intermodal transportation facilities.
                  [(B) Cooperation.--Paragraph (6)(B) shall 
                apply to modifications proposed by a State 
                under this paragraph.
                  [(C) Eligibility.--
                          [(i) Initial approval by law.--
                        Modifications proposed under 
                        subparagraph (A) may take effect only 
                        if a law has been enacted approving 
                        such modifications.
                          [(ii) Interim eligibility.--
                        Notwithstanding clause (i), a project 
                        to construct a connector to an 
                        intermodal transportation facility 
                        described in subparagraph (A) shall be 
                        eligible for funds apportioned under 
                        section 104(b)(1) for the National 
                        Highway System if the Secretary finds 
                        that the project is consistent with 
                        criteria developed by the Secretary for 
                        construction of such connectors.
                          [(iii) Period of eligibility.--A 
                        project which is eligible under clause 
                        (ii) for funds apportioned under 
                        section 104(b)(1) shall remain eligible 
                        for such funds pursuant to clause (ii) 
                        only until the date of the enactment of 
                        a law described in clause (i).
                  [(D) Modifications after initial approval.--
                After the date of the enactment of a law 
                described in subparagraph (C)(i), a 
                modification consisting of a connector to an 
                intermodal transportation facility described in 
                subparagraph (A) may be made in accordance with 
                paragraph (6).]
          [(8)] (6) 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 
        thereof established by section 1105 of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (105 
        Stat. 2031-2037) which was not identified on the 
        National Highway System designated by paragraph [(5)] 
        (4).
          [(i)] (7) Eligible Projects for NHS.--Subject to 
        project 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:
                  [(1)] (A) Construction, reconstruction, 
                resurfacing, restoration, and rehabilitation of 
                segments of such system.
                  [(2)] (B) Operational improvements for 
                segments of such system.
                  [(3)] (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--
                          [(A)] (i) if such highway or transit 
                        project is in the same corridor as, and 
                        in proximity to, a fully access 
                        controlled highway designated to the 
                        National Highway System;
                          [(B)] (ii) if the construction or 
                        improvements will improve the level of 
                        service on the fully access controlled 
                        highway and improve regional travel; 
                        and
                          [(C)] (iii) if the construction or 
                        improvements are more cost effective 
                        than an improvement to the fully access 
                        controlled highway that has benefits 
                        comparable to the benefits which will 
                        be achieved by the construction of, or 
                        improvements to, the highway not on the 
                        National Highway System.
                  [(4)] (D) Highway safety improvements for 
                segments of the National Highway System.
                  [(5)] (E) Transportation planning in 
                accordance with sections 134 and 135.
                  [(6)] (F) Highway research and planning in 
                accordance with section 307.
                  [(7)] (G) Highway-related technology transfer 
                activities.
                  [(8)] (H) Capital and operating costs for 
                traffic monitoring, management, and control 
                facilities and programs.
                  [(9)] (I) Fringe and corridor parking 
                facilities.
                  [(10)] (J) Carpool and vanpool projects.
                  [(11)] (K) Bicycle transportation and 
                pedestrian walkways in accordance with section 
                217.
                  [(12)] (L) Development and establishment of 
                management systems under section 303.
                  [(13)] (M) In accordance with all applicable 
                Federal law and regulations, participation in 
                wetlands mitigation efforts related to projects 
                funded under this title, which may include 
                participation in wetlands mitigation banks; 
                contributions to statewide and regional efforts 
                to conserve, restore, enhance and create 
                wetlands; and development of statewide and 
                regional wetlands conservation and mitigation 
                plans, including any such banks, efforts, and 
                plans authorized pursuant to the Water 
                Resources Development Act of 1990 (including 
                crediting provisions). Contributions to such 
                mitigation efforts may take place concurrent 
                with or in advance of project construction. 
                Contributions toward these efforts may occur in 
                advance of project construction only if such 
                efforts are consistent with all applicable 
                requirements of Federal law and regulations and 
                State transportation planning processes.
         *        *        *        *        *        *        *     

Sec. 104. Apportionment

  [(a) Whenever an apportionment is made of the sums authorized 
to be appropriated for expenditure on the surface 
transportation program, the congestion mitigation and air 
quality improvement program, the National Highway System, and 
the Interstate System, the Secretary shall deduct a sum, in 
such amount not to exceed 3\3/4\ per centum of all sums so 
authorized, as the Secretary may deem necessary for 
administering the provisions of law to be financed from 
appropriations for the Federal-aid systems and for carrying on 
the research authorized by subsections (a) and (b) of section 
307 of this title. In making such determination, the Secretary 
shall take into account the unexpended balance of any sums 
deducted for such purposes in prior years. The sum so deducted 
shall be available for expenditure from the unexpended balance 
of any appropriation made at any time for expenditure upon the 
Federal-aid systems, until such sum has been expended.
  [(b) On October 1 of each fiscal year except as provided in 
paragraph (5)(A) of this subsection, the Secretary, after 
making the deduction authorized by subsection (a) of this 
section and the set asides authorized by subsection (f) of this 
section and section 307 of this title, shall apportion the 
remainder of the sums authorized to be appropriated for 
expenditure on the surface transportation program, the 
congestion mitigation and air quality improvement program, the 
National Highway System, and the Interstate System for that 
fiscal year, among the several States in the following manner:
          [(1) National highway system.--For the National 
        Highway System 1 percent to the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of Northern 
        Mariana Islands and the remaining 99 percent 
        apportioned in the same ratio as funds are apportioned 
        under paragraph (3).
          [(2) Congestion mitigation and air quality 
        improvement program.--For the congestion mitigation and 
        air quality improvement program, in the ratio which the 
        weighted nonattainment area population of each State 
        bears to the total weighted nonattainment area 
        population of all States. The weighted nonattainment 
        area population shall be calculated by multiplying the 
        population of each area within any State that was a 
        nonattainment area (as defined in section 171(2) of the 
        Clean Air Act (42 U.S.C. 7501(2))) for ozone during any 
        part of fiscal year 1994 by a factor of--
                  [(A) 1.0 if the area is classified as a 
                marginal ozone nonattainment area under subpart 
                2 of part D of title I of the Clean Air Act;
                  [(B) 1.1 if the area is classified as a 
                moderate ozone nonattainment area under such 
                subpart;
                  [(C) 1.2 if the area is classified as a 
                serious ozone nonattainment area under such 
                subpart;
                  [(D) 1.3 if the area is classified as a 
                severe ozone nonattainment area under such 
                subpart; or
                  [(E) 1.4 if the area is classified as an 
                extreme ozone nonattainment area under such 
                subpart.
        If the area was also classified under subpart 3 of part 
        D of title I of such Act as a nonattainment area for 
        carbon monoxide during any part of fiscal year 1994, 
        for purposes of calculating the weighted nonattainment 
        area population, the weighted nonattainment area 
        population of the area, as determined under the 
        preceding provisions of this paragraph, shall be 
        further multiplied by a factor of 1.2. Notwithstanding 
        any provision of this paragraph, in the case of States 
        with a total 1990 census population of 15,000,000 or 
        greater, the amount apportioned under this paragraph in 
        a fiscal year to all of such States in the aggregate, 
        shall be distributed among such States based on their 
        relative populations; except that none of such States 
        shall be distributed more than 42 percent of the 
        aggregate amount so apportioned to all of such States. 
        Notwithstanding any other provision of this paragraph, 
        each State shall receive a minimum apportionment of \1/
        2\ of 1 percent of the funds apportioned under this 
        paragraph. The Secretary shall use estimates prepared 
        by the Secretary of Commerce when determining 
        population figures.
          [(3) Surface transportation program.--
                  [(A) General rule.--For the surface 
                transportation program in a manner so that a 
                State's current percentage share of 
                apportionments is equal to the State's 1987-
                1991 percentage share of apportionments. For 
                purposes of this paragraph--
                          [(i) a State's current percentage 
                        share of apportionments is the State's 
                        percentage share of all funds 
                        apportioned for a fiscal year under 
                        paragraph (1) for the National Highway 
                        System, under section 144 for the 
                        bridge program, under paragraph (5)(B) 
                        for Interstate maintenance, and under 
                        this paragraph; and
                          [(ii) a State's 1987-1991 percentage 
                        share of apportionments is the State's 
                        percentage share of all apportionments 
                        and allocations under this title for 
                        fiscal years 1987, 1988, 1989, 1990, 
                        and 1991 (except apportionments and 
                        allocations for Interstate construction 
                        under sections 104(b)(5)(A) and 118, 
                        Interstate highway substitute under 
                        section 103(e)(4), Federal lands 
                        highways under section 202, and 
                        emergency relief under section 125, all 
                        allocations under section 149 of the 
                        Surface Transportation and Uniform 
                        Relocation Assistance Act of 1987, and 
                        the portion of allocations under 
                        section 157 (relating to minimum 
                        allocation) that would be attributable 
                        to apportionments made under Interstate 
                        construction and Interstate highway 
                        substitute programs under sections 
                        104(b)(5)(A) and 103(e)(4), 
                        respectively, for such fiscal years if 
                        the minimum allocation percentage for 
                        such fiscal years had been 90 percent 
                        instead of 85 percent).
                  [(B) Calculation rules.--In calculating a 
                State's percentage share under this paragraph 
                for the purpose of making apportionments for 
                fiscal years 1992, 1993, 1994, 1995, 1996, and 
                1997, each State shall be treated as having 
                received \1/2\ of 1 percent of all funds 
                apportioned for the Interstate construction 
                program under section 104(b)(5)(A) in fiscal 
                years 1987, 1988, 1989, 1990, and 1991. 
                Notwithstanding any other provision of this 
                paragraph, in any fiscal year no State shall 
                receive a percentage of total apportionments 
                and allocations that is less than 70 percent of 
                its percentage of total apportionments and 
                allocations for fiscal years 1987, 1988, 1989, 
                1990, and 1991, except for those States that 
                receive an apportionment for Interstate 
                construction under paragraph (5)(A) of more 
                than $50,000,000 for fiscal year 1992.
      [(4) For the Interstate System, for the fiscal years 
ending June 30, 1957, June 30, 1958, and June 30, 1959:
      One-half in the ratio which the population of each State 
bears to the total population of all the States as shown by the 
latest available Federal census, except that no States shall 
receive less than three-fourths of 1 per centum of the funds so 
apportioned; and one-half in the manner provided in paragraph 
(1) of this subsection. The sums authorized by section 108(b) 
of the Federal-Aid Highway Act of 1956 for the fiscal years 
ending June 30, 1958, and June 30, 1959, shall be apportioned 
on a date not less than sixmonths and not more than twelve 
months in advance of the beginning of the fiscal year for which 
authorized.
      [(5)(A) Except as provided in subparagraph (B)--For the 
Interstate System for the fiscal years 1960 through 1996:
      For the fiscal years 1960 through 1966, in the ratio 
which the estimated cost of completing the Interstate System in 
such State, as determined and approved in the manner provided 
in this paragraph, bears to the sum of the estimated cost of 
completing the Interstate System in all of the States. For the 
fiscal year 1967 through 1990, in the ratio which the Federal 
share of the estimated cost of completing the Interstate System 
in such State, as determined and approved in the manner 
provided in this paragraph, bears to the sum of the estimated 
cost of the Federal share of completing the Interstate System 
in all of the States. Each apportionment herein authorized for 
the fiscal years 1960 through 1996, inclusive, shall be made on 
October 1 of the year preceding the fiscal year for which 
authorized.
      As soon as the standards provided for in subsection (b) 
of section 109 of this title have been adopted, the Secretary, 
in cooperation with the State highway departments, shall make a 
detailed estimate of the cost of completing the Interstate 
System as then designated, after taking into account all 
previous apportionments made under this section, based upon 
such standards and in accordance with rules and regulations 
adopted by him and applied uniformly to all of the States. The 
Secretary shall transmit such estimates to the Senate and the 
House of Representatives within ten days subsequent to January 
2, 1958. Upon approval of such estimate by the Congress by 
concurrent resolution, the Secretary shall use such approved 
estimate in making apportionments for the fiscal years ending 
June 30, 1960, June 30, 1961, and June 30, 1962. The Secretary 
shall make a revised estimate of the cost of completing the 
then designated Interstate System, after taking into account 
all previous apportionments made under this section, in the 
same manner as stated above, and transmit the same to the 
Senate and the House of Representatives within ten days 
subsequent to January 2, 1961. Upon approval of such estimate 
by the Congress by concurrent resolution, the Secretary shall 
use such approved estimate in making apportionments for the 
fiscal years ending June 30, 1963, June 30, 1964, June 30, 
1965, and June 30, 1966. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System, after taking into account all previous 
apportionments made under this section, in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1965. Upon the approval of such estimate by the Congress, the 
Secretary shall use the Federal share of such approved estimate 
in making apportionments for the fiscal years ending June 30, 
1967; June 30, 1968; and June 30, 1969. The Secretary shall 
make a revised estimate of the cost of completing the then 
designated Interstate System after taking into account all 
previous apportionments made under this section, in the same 
manner as stated above, and transmit the same to the Senate and 
the House of Representatives within ten days subsequent to 
January 2, 1968. Upon the approval by the Congress, the 
Secretary shall use the Federal share of such approved estimate 
in making apportionments for the fiscal years ending June 30, 
1970, and June 30, 1971. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives on April 20, 1970. Upon the approval by the 
Congress, the Secretary shall use the Federal share of such 
approved estimate in making apportionments for the fiscal years 
ending June 30, 1972, and June 30, 1973. The Secretary shall 
make a revised estimate of the cost of completing the then 
designated Interstate System after taking into account all 
previous apportionments made under this section in the same 
manner as stated above, and transmit the same to the Senate and 
the House of Representatives within ten days subsequent to 
January 2, 1972. Upon the approval by Congress, the Secretary 
shall use the Federal share of such approved estimate in making 
apportionments for the fiscal years ending June 30, 1974, June 
30, 1975, and June 30, 1976. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section, in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1975. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimate in making the 
apportionment for the fiscal year ending September 30, 1977. 
The Secretary shall make the apportionment for the fiscal year 
ending September 30, 1978, in accordance with section 103 of 
the Federal-Aid Highway Act of 1976. The Secretary shall make a 
revised estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section, in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1977. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years ending September 30, 1979, 
and September 30, 1980. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1979. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years ending September 30, 1981, 
and September 30, 1982. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1981. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimate in making 
apportionments for the fiscal years ending September 30, 1983, 
and September 30, 1984. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section, in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1983. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years ending September 30, 1985, 
and September 30, 1986. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1985. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years ending September 30, 1987, 
and September 30, 1988. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 
1987. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years ending September 30, 1989, 
and September 30, 1990. The Secretary shall make a revised 
estimate of the cost of completing the then designated 
Interstate System after taking into account all previous 
apportionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the House 
of Representatives within 10 days subsequent to January 2, 
1989. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making 
apportionments for the fiscal years 1991 and 1992. The 
Secretary shall make a revised estimate of the cost of 
completing the then designated Interstate System after taking 
into account all previous apportionments made under this 
section in the same manner as stated above, and transmit the 
same to the Senate and the House of Representatives within 10 
days subsequent to January 2, 1991. Upon the approval by 
Congress, the Secretary shall use the Federal share of such 
approved estimates in making apportionments for the fiscal year 
1993. Whenever the Secretary, pursuant to this subsection, 
requests and receives estimates of cost from the State highway 
departments, he shall furnish copies of such estimates at the 
same time to the Senate and the House of Representatives. The 
Secretary shall not include in any estimate submitted under 
this provision after December 31, 1978, any cost of a project 
to expand or clear zones immediately adjacent to the paved 
roadway of routes designed prior to February, 1967. 
Notwithstanding any other provisions of this subparagraph, the 
Secretary in making the revised estimate of the cost of 
completing the then designated Interstate System for the 
purpose of transmitting it to the Senate and House of 
Representatives within ten days subsequent to January 2, 1983, 
or thereafter, shall include only those costs eligible for 
funds authorized by subsection (b) of section 108 of the 
Federal-Aid HighwayAct of 1956, as amended, including the 
amendments made by section 4 of the Federal-Aid Highway Act of 1981. As 
soon as practicable after the date of the enactment of the Intermodal 
Surface Transportation Efficiency Act of 1991 for fiscal year 1992, and 
on October 1 of each of fiscal years 1993, 1994, and 1995, the 
Secretary shall make the apportionment required by this subparagraph 
for all States (other than Massachusetts) using the Federal share of 
the last estimate submitted to Congress, adjusted to reflect (i) all 
previous credits, apportionments of interstate construction funds, and 
lapses of previous apportionments of interstate construction funds, 
(ii) previous withdrawals of interstate segments, (iii) previous 
allocations of interstate discretionary funds, and (iv) transfers of 
interstate construction funds. Notwithstanding any other provision of 
this subparagraph or any cost estimate approved or adjusted pursuant to 
this subparagraph, subject to the deductions under this section, the 
amounts to be apportioned to the State of Massachusetts pursuant to 
this subparagraph for fiscal years 1993, 1994, 1995, and 1996 shall be 
as follows: $450,000,000 for fiscal year 1993, $800,000,000 for fiscal 
year 1994, $800,000,000 for fiscal year 1995, and $500,000,000 for 
fiscal year 1996. If, before apportionment of funds under this 
subparagraph for any fiscal year, the Secretary and a State highway 
department agree that a portion of the apportionment to such State is 
not needed for such fiscal year, the amount of such portion shall be 
made available under section 118(b)(2) of this title.
      [(B) For resurfacing, restoring, rehabilitating, and 
reconstructing the Interstate System:
      [55 per centum in the ratio that lane miles on the 
Interstate routes designated under sections 103 and 139(c) of 
this title and routes on the Interstate System designated under 
section 139(a) of this title before March 9, 1984, (other than 
those on toll roads not subject to a Secretarial agreement 
provided for in section 105 of the Federal-Aid Highway Act of 
1978) in each State bears to the total of all such lane miles 
in all States; and 45 per centum in the ratio that vehicle 
miles traveled on lanes on the Interstate routes designated 
under sections 103 and 139(c) of this title and routes on the 
Interstate System designated under section 139(a) of this title 
before March 9, 1984, (other than those on toll roads not 
subject to a Secretarial agreement provided for in section 105 
of the Federal-Aid Highway Act of 1978) in each State bears to 
the total of all such vehicle miles in all States. 
Notwithstanding the preceding sentence, no State excluding any 
State that has no interstate lane miles shall receive less than 
one-half of 1 per centum of the total apportionment made by 
this subparagraph for any fiscal year.
      [(6) For the Federal-aid urban system:
      [In the ratio which the population in urban areas, or 
parts thereof, in each State bears to the total population in 
such urban areas, or parts thereof, in all the States as shown 
by the latest available Federal census. No State shall receive 
less than one-half of 1 per centum of each year's 
apportionment.]
  (a) Administrative Takedown.--Whenever an apportionment is 
made of the sums authorized to be appropriated for expenditure 
on Interstate maintenance, the National Highway System, the 
bridge program, the surface transportation program, the 
congestion mitigation and air quality improvement program, the 
high risk road safety program, the high cost Interstate System 
reconstruction and improvement program, the national corridor 
planning and development program, the border infrastructure and 
safety program, and the Federal lands highways program, the 
Secretary shall deduct a sum, in such amount not to exceed 1 
percent of all sums so authorized, as the Secretary may deem 
necessary for administering the provisions of law to be 
financed from appropriations for the Federal-aid highway 
program. In making such determination, the Secretary shall take 
into account the unobligated balance of any sums deducted for 
such purposes in prior years. The sums so deducted shall remain 
available until expended. The Secretary may not transfer any of 
such sums to a Federal entity other than the Federal Highway 
Administration.
  (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 Interstate maintenance, the 
National Highway System, the surface transportation program, 
the congestion mitigation and air quality improvement program, 
and the high risk road safety program for that fiscal year, 
among the several States in the following manner:
          (1) National highway system.--For the National 
        Highway System, 1 percent to the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands and the remaining 99 percent 
        apportioned as follows:
                  (A) In the case of a State with an average 
                population density of 20 persons or fewer per 
                square mile, and in the case of a State with a 
                population of 1,500,000 persons or fewer and 
                with a land area of 10,000 square miles or 
                less, the greater of--
                          (i) a percentage share of the 
                        remaining apportionments equal to the 
                        percentage specified for the State in 
                        section 104(h)(1) of the Building 
                        Efficient Surface Transportation and 
                        Equity Act of 1998; or
                          (ii) a share determined under 
                        subparagraph (B).
                  (B) Subject to subparagraph (A), in the case 
                of any State for which the apportionment is not 
                determined under subparagraph (A)(i), a share 
                of the remaining apportionments determined in 
                accordance with the following formula:
                          (i) \1/9\ of the remaining 
                        apportionments in the ratio that the 
                        total rural lane miles in each State 
                        bears to the total rural lane miles in 
                        all States for which the apportionment 
                        is not determined under subparagraph 
                        (A)(i).
                          (ii) \1/9\ of the remaining 
                        apportionments in the ratio that the 
                        total rural vehicle miles traveled in 
                        each State bears to the total rural 
                        vehicle miles traveled in all States 
                        for which the apportionment is not 
                        determined under subparagraph (A)(i).
                          (iii) \2/9\ of the remaining 
                        apportionments in the ratio that the 
                        total urban lane miles in each State 
                        bears to the total urban lane miles in 
                        all States for which the apportionment 
                        is not determined under subparagraph 
                        (A)(i).
                          (iv) \2/9\ of the remaining 
                        apportionments in the ratio that the 
                        total urban vehicle miles traveled in 
                        each State bears to the total urban 
                        vehicle miles traveled in all States 
                        for which the apportionment is not 
                        determined under subparagraph (A)(i).
                          (v) \3/9\ of the remaining 
                        apportionments in the ratio that each 
                        State's annual contributions to the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) attributable to 
                        commercial vehicles bear to the total 
                        of such annual contributions by all 
                        States for which the apportionment is 
                        not determined under subparagraph 
                        (A)(i).
          (2) Congestion mitigation and air quality improvement 
        program.--
                  (A) Formula.--For the congestion mitigation 
                and air quality improvement program, in the 
                ratio which the weighted nonattainment and 
                maintenance area populations of each State bear 
                to the total weighted nonattainment and 
                maintenance area population of all States.
                  (B) Calculation of weighted population.--Such 
                weighted population shall be calculated by 
                multiplying the population of each area within 
                any State that was a nonattainment or 
                maintenance area as described in subsection 
                149(b) for ozone, carbon monoxide, or 
                particulate matter by a factor of--
                          (i) 1.0 if, at the time of the 
                        apportionment, the area has been 
                        redesignated as an attainment 
                        (maintenance) area under section 107(d) 
                        of the Clean Air Act;
                          (ii) 1.1 if, at the time of 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act;
                          (iii) 1.2 if, at the time of 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under such subpart;
                          (iv) 1.3 if, at the time of 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under such subpart;
                          (v) 1.4 if, at the time of 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under such subpart;
                          (vi) 1.5 if, at the time of 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under such subpart; or
                          (vii) 1.2. if, at the time of 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in subsection 149(b) of this 
                        title for ozone, but is a nonattainment 
                        area for carbon monoxide or particulate 
                        matter.
                  (C) Additional factors.--If the area was also 
                classified under subpart 3 or 4 of part D of 
                title I of the CleanAir Act as a nonattainment 
area described in section 149(b) for carbon monoxide or particulate 
matter or both, the weighted nonattainment 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. For an area that is a 
nonattainment area for both carbon monoxide and for particulate matter 
and the area's weighted population was determined under clause (vii) of 
subparagraph (B), the area's weighted population shall be further 
multiplied by a factor of 1.2. For such areas, the population to which 
this factor is applied shall be the larger of the carbon monoxide and 
the particulate matter nonattainment area populations.
                  (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. The Secretary shall use annual 
                estimates prepared by the Secretary of Commerce 
                when determining population figures.
          (3) Surface transportation program.--
                  (A) In general.--For the surface 
                transportation program, 2 percent to the State 
                of Alaska for any purpose described in section 
                133(b) and the remaining 98 percent apportioned 
                as follows:
                          (i) \1/3\ in the ratio that each 
                        State's total population bears to the 
                        total population of all States, using 
                        the latest available annual updates to 
                        the Federal decennial census, as 
                        prepared by the Secretary of Commerce;
                          (ii) \1/3\ in the ratio that each 
                        State's annual contributions to the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) attributable to 
                        commercial vehicles bear to the total 
                        of such annual contributions by all 
                        States; and
                          (iii) \1/3\ in the ratio that each 
                        State's annual contributions to the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) bear to the total of 
                        such annual contributions by all 
                        States.
                  (B) Adjustment.--The amount of funds which, 
                but for this subparagraph, would be apportioned 
                to each State for each fiscal year under 
                subparagraph (A) shall be increased or 
                decreased by an amount which, when added to or 
                subtracted from the aggregate amount of funds 
                apportioned or allocated to such State for such 
                fiscal year for Interstate maintenance, 
                National Highway System, surface transportation 
                program, bridge program, congestion mitigation 
                and air quality improvement program, high risk 
                road safety program, recreational trails 
                program, Appalachian Development Highway System 
                program, and metropolitan planning will ensure 
                that the aggregate of such apportionments to 
                any State that does not contribute to the 
                Highway Trust Fund does not exceed the 
                aggregate of such apportionments to any State 
                that does contribute to the Highway Trust Fund.
          (4) High risk road safety improvement program.--For 
        the high risk road safety improvement program--
                  (A) \1/3\ in the ratio that each State's 
                total population bears to the total population 
                of all States, using the latest available 
                annual updates to the Federal decennial census, 
                as prepared by the Secretary of Commerce;
                  (B) \1/3\ in the ratio that each State's 
                total public road mileage bears to the total 
                public road mileage of all States; and
                  (C) \1/3\ in the ratio that the total vehicle 
                miles traveled on public roads in each State 
                bear to the total vehicle miles traveled on 
                public roads in all States.
          (5) Interstate maintenance.--For resurfacing, 
        restoring, rehabilitating, and reconstructing the 
        Interstate System--
                  (A) \1/3\ in the ratio that each State's 
                annual contributions to the Highway Trust Fund 
                (other than the Mass Transit Account) 
                attributable to commercial vehicles bear to the 
                total of such annual contributions by all 
                States;
                  (B) \1/3\ in the ratio that the total vehicle 
                miles traveled on Interstate routes open to 
                traffic in each State bear to the total vehicle 
                miles traveled on such routes in all States; 
                and
                  (C) \1/3\ in the ratio that the total lane 
                miles on such routes in each State bear to the 
                total lane miles on such routes in all States.
         *        *        *        *        *        *        *     
  (d) Operation Lifesaver and High Speed Rail Corridors.--
          (1) Operation lifesaver.--The Secretary shall expend, 
        from administrative funds deducted under subsection 
        (a), [$300,000] $500,000 for each fiscal year for 
        carrying out a public information and education program 
        to help prevent and reduce motor vehicle accidents, 
        injuries, and fatalities and to improve driver 
        performance at railway-highway crossings.
          (2) Railway-highway crossing hazard elimination in 
        high speed rail corridors.--(A) Before making an 
        apportionment of funds under subsection (b)(3) for a 
        fiscal year, the Secretary shall set aside [$5,000,000] 
        $5,250,000 of the funds authorized to be appropriated 
        for the surface transportation program for such fiscal 
        year for elimination of hazards of railway-highway 
        crossings in not to exceed 5 railway corridors selected 
        by the Secretary in accordance with the criteria set 
        forth in this paragraph. 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.
         *        *        *        *        *        *        *     
  (e) Certification of Apportionments.--
          (1) In general.--On October 1 of each fiscal year the 
        Secretary shall certify to each of the State highway 
        departments the sums which he has apportioned hereunder 
        [(other than under subsection (b)(5) of this section)] 
        to each State for such fiscal year, and also the sums 
        which he has deducted for administration [and research] 
        pursuant to subsection (a) of this section. [On October 
        1 of the year preceding the fiscal year for which 
        authorized, the Secretary shall certify to each of the 
        State highway departments the sums which he has 
        apportioned under subsection (b)(5) of this section to 
        each State for such fiscal year, and also the sums 
        which he has deducted for administration and research 
        pursuant to subsection (a) of this section.] To permit 
        the States to develop adequate plans for the 
        utilization of apportioned sums the Secretary shall 
        advise each State of the amount that will be 
        apportioned each year under this section not later than 
        ninety days before the beginning of the fiscal year for 
        which the sums to be apportioned are authorized, except 
        that in the case of the Interstate System the Secretary 
        shall advise each State ninety days prior to the 
        apportionment of such funds.
          (2) Notice to states.--If the Secretary has not made 
        an apportionment under section 104, 144, or 157 of 
        title 23, United States Code, on or before the 21st of 
        a fiscal year, then the Secretary shall transmit, on or 
        before 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.
  (f)(1) On October 1 of each fiscal year, the Secretary, after 
making the deduction authorized by subsection (a) of this 
section, shall set aside not to exceed 1 percent of the 
remaining funds authorized to be appropriated for expenditure 
upon programs authorized under this title, for the purpose of 
carrying out the requirements of section 134 of this title, 
except that the amount from which such set aside is made shall 
not include funds authorized to be appropriated for the 
[Interstate construction and Interstate substitute programs] 
recreational trails program.
         *        *        *        *        *        *        *     
  (3) The funds apportioned to any State under paragraph (2) of 
this subsection shall be made available by the State to the 
metropolitan planning organizations responsible for carrying 
out the provisions of section 134 of this title, except that 
States receiving the minimum apportionment under paragraph (2) 
may, in addition, subject to the approval of the Secretary, use 
the funds apportioned to finance transportation planning 
outside of urbanized areas. These funds shall be matched in 
accordance with section [120(j) of this title] 120(b) unless 
the Secretary determines that the interests of the Federal-aid 
highway program would be best served without such matching.
         *        *        *        *        *        *        *     
  [(h) National Recreational Trails Funding.--In addition to 
funds made available from the National Recreational Trails 
Trust Fund, the Secretary shall obligate, from administrative 
funds (contract authority) deducted under subsection (a), to 
carry out section 1302 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000 for each of 
fiscal years 1996 and 1997.]
  (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 3 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.
         *        *        *        *        *        *        *     
  (j) High Priority Projects Program.--
          (1) In general.--Of amounts made available by section 
        102(a)(8) of the Building Efficient Surface 
        Transportation and Equity Act of 1998, $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 for 
        fiscal year 2002, and $1,771,655,000 for fiscal year 
        2003 shall be available for high priority projects in 
        accordance with this subsection. Such funds shall 
        remain available until expended.
          (2) Authorization of high priority projects.--The 
        Secretary is authorized to carry out high priority 
        projects with funds made available by paragraph (1). Of 
        amounts made available by paragraph (1), the Secretary, 
        subject to paragraph (3), shall make available to carry 
        out each project described in section 127(c) of such 
        Act the amount listed for such project in such section. 
        Any amounts made available by this subsection that are 
        not allocated for projects described in section 127(c) 
        shall be available to the Secretary, subject to 
        paragraph (3), to carry out such other high priority 
        projects as the Secretary determines appropriate.
          (3) Allocation percentages.--For each project to be 
        carried out with funds made available by paragraph 
        (1)--
                  (A) 11 percent of the amount allocated by 
                such section shall be available for obligation 
                beginning in fiscal year 1998;
                  (B) 15 percent of such amount shall be 
                available for obligation beginning in fiscal 
                year 1999;
                  (C) 18 percent of such amount shall be 
                available for obligation beginning in fiscal 
                year 2000;
                  (D) 18 percent of such amount shall be 
                available for obligation beginning in fiscal 
                year 2001;
                  (E) 19 percent of such amount shall be 
                available for obligation beginning in fiscal 
                year 2002; and
                  (F) 19 percent of such amount shall be 
                available for obligation beginning in fiscal 
                year 2003.
          (4) Federal share.--The Federal share payable on 
        account of any project carried out with funds made 
        available by paragraph (1) shall be 80 percent of the 
        total cost thereof.
          (5) Delegation to states.--Subject to the provisions 
        of title 23, United States Code, the Secretary shall 
        delegate responsibility for carrying out a project or 
        projects, with funds made available by paragraph (1), 
        to the State in which such project or projects are 
        located upon request of such State.
          (6) Advance construction.--When a State which has 
        been delegated responsibility for a project under this 
        subsection--
                  (A) has obligated all funds allocated under 
                this subsection of such Act for such project; 
                and
                  (B) 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 
        subsection and such section 127(c).
          (7) Nonapplicability of Obligation Limitation.--Funds 
        made available by paragraph (1) shall not be subject to 
        any obligation limitation.
  [(j)] (k) The Secretary shall submit to Congress not later 
than the 20th day of each calendar month which begins after the 
date of enactment of this subsection a report on (1) the amount 
of obligation, by State, for Federal-aid highways and the 
highway safety construction programs during the preceding 
calendar month, (2) the cumulative amount of obligation, by 
State, for that fiscal year, (3) the balance as of the last day 
of such preceding month of the unobligated apportionment of 
each State by fiscal year, and (4) the balance of unobligated 
sums available for expenditure at the discretion of the 
Secretary for such highways and programs for the fiscal year.

[Sec. 105. Programs

  [(a) As soon as practicable after the apportionments for the 
Federal-aid systems have been made for any fiscal year, the 
State highway department of any State desiring to avail itself 
of the benefits of this chapter shall submit to the Secretary 
for his approval a program or programs of proposed projects for 
the utilization of the funds apportioned. The Secretary shall 
act upon programs submitted to him as soon as practicable after 
the same have been submitted. The Secretary may approve a 
program in whole or in part, but he shall not approve any 
project in a proposed program which is not located upon an 
approved Federal-aid system.
  [(b) In approving programs for projects on the Federal-aid 
secondary system, the Secretary shall require that such 
projects be selected by the State highway department and the 
appropriate local officials in cooperation with each other, 
except in States where all public roads and highways are under 
the control and supervision of the State highway department, 
such selection shall be made after consultation with 
appropriate local officials.
  [(c) In approving programs for projects on the Federal-aid 
primary system, the Secretary shall give preference to such 
projects as will expedite the completion of an adequate and 
connected system of highways interstate in character.
  [(d) In approving programs for projects on the Federal-aid 
urban system, the Secretary shall require that such projects be 
selected by the appropriate local officials with the 
concurrence of the State highway department of each State and, 
in urbanized areas, also in accordance with the planning 
process required pursuant to section 134 of this title.
  [(e) In approving programs for projects under this chapter, 
the Secretary may give priority of approval to, and expedite 
the construction of, projects that are recommended as important 
to the national defense by the Secretary of Defense, or other 
official authorized by the President to make such 
recommendation.
  [(f) In approving programs for projects on the Federal-aid 
systems pursuant to chapter 1 of this title, the Secretary 
shall give priority to those projects which incorporate 
improved standards and features with safety benefits.
  [(g) In preparing programs to submit in accordance with 
subsection (a) of this section, the State highway departments 
shall give consideration to projects providing direct and 
convenient public access to public airports, public ports for 
water transportation, new town communities, and new town-intown 
communities, and in approving such programs the Secretary shall 
give consideration to such projects.
  [(h) In preparing programs to submit in accordance with 
subsection (a) of this section, the State highway departments 
may give priority to projects for the reconstruction, 
resurfacing, restoration, or rehabilitation of highways which 
are incurring a substantial use as a result of transportation 
activities to meet national energy requirements and which will 
continue to incur such use, and in approving such programs the 
Secretary may give priority to such projects.
  [(k) Priority for High Priority Segments of Corridors of 
National Significance.--In selecting projects for inclusion in 
a program of projects under this section, the State may give 
priority to high priority segments of corridors identified 
under section 1105(f) of the Intermodal Surface Transportation 
Efficiency Act of 1991. In approving programs of projects under 
this section, the Secretary may give priority of approval to, 
and expedite construction of, projects to complete construction 
of such segments.

[Sec. 106. Plans, specifications, and estimates

  [(a) Except as provided in this section and section 117 of 
this title, the State highway department shall submit to the 
Secretary for his approval, as soon as practicable after 
program approval, such surveys, plans, specifications, and 
estimates for each proposed project included in an approved 
program as the Secretary may require. The Secretary shall act 
upon such surveys, plans, specifications, and estimates as soon 
as practicable after the same have been submitted, and his 
approval of any such project shall be deemed a contractual 
obligation of the Federal Government for the payment of its 
proportional contribution thereto. In taking such action, the 
Secretary shall be guided by the provisions of section 109 of 
this title.
  [(b) Special Rules.--
          [(1) 3R projects on nhs.--Notwithstanding any other 
        provision of this title, a State highway department may 
        approve, on a project by project basis, plans, 
        specifications, and estimates for projects to 
        resurface, restore, and rehabilitate highways on the 
        National Highway System if the State certifies that all 
        work will meet or exceed the standards approved by the 
        Secretary under section 109(c).
          [(2) Non-nhs projects and low-cost nhs projects.--Any 
        State may request that the Secretary no longer review 
        and approve plans, specifications, and estimates for 
        any project (including any highway project on the 
        National Highway System with an estimated construction 
        cost of less than $1,000,000 but excluding any other 
        highway project on the National Highway System). After 
        receiving any such notification, the Secretary shall 
        undertake project review only as requested by the 
        State.
          [(3) Safety considerations.--Safety considerations 
        for projects subject to this subsection may be met by 
        phase construction consistent with an operative safety 
        management system established in accordance with 
        section 303.
  [(c) Limitation on Estimates for Construction Engineering.--
Items included in all such estimates for construction 
engineering for a State for a fiscal year shall not exceed, in 
the aggregate, 15 percent of the total estimated costs of all 
projects financed within the boundaries of the State with 
Federal-aid highway funds in such fiscal year, after excluding 
from such total estimate costs, the estimated costs of rights-
of-way, preliminary engineering, and construction engineering.
  [(d) In such cases as the Secretary determines advisable, 
plans, specifications, and estimates for proposed projects on 
any Federal-aid system shall be accompanied by a value 
engineering or other cost reduction analysis.]

Sec. 106. Project approval and oversight

  (a) In General.--
          (1) Submission of plans, specifications, and 
        estimates.--Except as otherwise provided in this 
        section, each State highway 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 upon 
        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 highway 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 
        its proportional contribution thereto.
          (4) Guidance.--In taking action under this 
        subsection, the Secretary shall be guided by the 
        provisions of section 109.
  (b) Project Agreement.--
          (1) Provision of state funds.--The project agreement 
        shall make provision for State funds required for the 
        State's pro rata share of the cost of construction of 
        the project and for the maintenance of the project 
        after completion of construction.
          (2) Representations of state.--The Secretary may rely 
        upon representations made by the State highway 
        department with respect to the arrangements or 
        agreements made by the State highway department and 
        appropriate local officials if a part of the project is 
        to be constructed at the expense of, or in cooperation 
        with, local subdivisions of the State.
  (c) Special Rules for Project Oversight.--
          (1) NHS projects.--
                  (A) General authority.--Except as otherwise 
                provided in subsection (d), the Secretary may 
                discharge to the State any of the Secretary's 
                responsibilities under this title for design, 
                plans, specifications, estimates, contract 
                awards, and inspection of projects on the 
                National Highway System.
                  (B) Agreement.--The Secretary and the State 
                shall reach agreement as to the extent the 
                State may assume the Secretary's 
                responsibilities under this subsection. The 
                Secretary may not assume any greater 
                responsibility than the Secretary is permitted 
                under this title on September 30, 1997, except 
                upon agreement by the Secretary and the State.
          (2) Non-interstate system projects.--For all projects 
        under this title that are not on the National Highway 
        System, the State shall assume the Secretary's 
        responsibility under this title for design, plans, 
        specifications, estimates, contract awards, and 
        inspection of projects. For projects that are on the 
        National Highway System but not on the Interstate 
        System, the State shall assume the Secretary's 
        responsibility 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.
  (d) Secretary's Responsibilities.--Nothing in this section, 
section 133, and section 149 shall affect or discharge any 
responsibility or obligation of the Secretary under any Federal 
law, other than this title. Any responsibility or obligation of 
the Secretary under sections 113 and 114 of this title and 
section 5333 of title 49, United States Code, shall not be 
affected and may not be discharged under this section, section 
133, or section 149.
  [(e)] (g) Life-Cycle Cost Analysis.--
          (1) Establishment.--The Secretary shall establish a 
        program to require States to conduct an analysis of the 
        life-cycle costs of each usable project segment on the 
        National Highway System [with a cost of $25,000,000 or 
        more]. The program shall be based on the principles 
        contained in section 2 of Executive Order 12893.
          (2) Analysis of the life-cycle costs defined.--In 
        this subsection, the term ``analysis of the life-cycle 
        costs'' 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.
  [(f)] (h) Value Engineering for NHS.--
          (1) * * *
         *        *        *        *        *        *        *     

Sec. 109. Standards

  (a) * * *
         *        *        *        *        *        *        *     
  [(n) The Secretary shall not approve any project under this 
title that will result in the severance or destruction of an 
existing major route for nonmotorized transportation traffic 
and light motorcycles, unless such project provides a 
reasonably alternate route or such a route exists.]
  (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 reasonably alternate route or such a route exists.
         *        *        *        *        *        *        *     

[Sec. 110. Project agreements

  [(a) As soon as practicable after the plans, specifications, 
and estimates for a specific project have been approved, the 
Secretary shall enter into a formal project agreement with the 
State highway department concerning the construction and 
maintenance of such project. Such project agreement shall make 
provision for State funds required for the State's pro rata 
share of the cost of construction of such project and for the 
maintenance thereof after completion of construction.
  [(b) The Secretary may rely upon representations made by the 
State highway department with respect to the arrangements or 
agreements made by the State highway department and appropriate 
local officials where a part of the project is to be 
constructed at the expense of, or in cooperation with, local 
subdivisions of the State.]

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.--This section shall 
not apply to funds subject to the last sentence of section 
133(d)(1) and funds subject to sections 104(f) and 133(d)(3). 
The maximum amount that a State may transfer under this section 
of the State's set-aside under section 133(d)(2) for a fiscal 
year may not exceed 50 percent of (1) the amount of such set-
aside, less (2) the amount of the State's set-aside under 
section 133(d)(3) for fiscal year 1996.
  (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 of the State's apportionment under section 
104(b)(2) for fiscal year 1997. 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).
         *        *        *        *        *        *        *     

Sec. 112. Letting of contracts

  (a) * * *
  (b) Bidding Requirements.--
          (1) * * *
          (2) Contracting for engineering and design 
        services.--
                  (A) * * *
                  (B) Applicability.--
                          (i) In a complying state.--If, on the 
                        date of the enactment of this 
                        paragraph, the services described in 
                        subparagraph (A) may be awarded in a 
                        State in the manner described in 
                        subparagraph (A), subparagraph (A) 
                        shall apply in such State beginning on 
                        such date of enactment[, except to the 
                        extent that such State adopts by 
                        statute a formal procedure for the 
                        procurement of such services].
         *        *        *        *        *        *        *     
                  [(C) Performance and audits.--Any contract or 
                subcontract awarded in accordance with 
                subparagraph (A), whether funded in whole or in 
                part with Federal-aid highway funds, shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulations of part 31 of title 48, Code of 
                Federal Regulations.]
                  (C) Selection, performance, and audits.--
                          (i) In general.--All requirements for 
                        architectural, engineering, and related 
                        services at any phase of a highway 
                        project funded in whole or in part with 
                        Federal-aid highway funds shall be 
                        performed under a contract awarded in 
                        accordance with subparagraph (A) unless 
                        the simplified acquisition procedures 
                        of the Federal Acquisition Regulations 
                        of title 48, Code of Federal 
                        Regulations, apply.
                          (ii) Prohibition on state 
                        restrictions.--A State shall not impose 
                        any overhead restriction, or salary 
                        limitation inconsistent with the 
                        Federal Acquisition Regulations, that 
                        would preclude any qualified firm from 
                        being eligible to compete for contracts 
                        awarded in accordance with subparagraph 
                        (A).
                          (iii) Compliance with federal 
                        acquisition regulations.--The process 
                        for selection, award, performance, 
                        administration, and audit of the 
                        resulting contracts shall comply with 
                        the procedures, cost principles, and 
                        cost accounting principles of the 
                        Federal Acquisition Regulations, 
                        including parts 30, 31, and 36 of title 
                        48, Code of Federal Regulations.
         *        *        *        *        *        *        *     
                  (G) State option.--
                          (i) General rule.--Subparagraphs (C), 
                        (D), (E), and (F) shall take effect 1 
                        year after the date of the enactment of 
                        this subparagraph; except that if a 
                        State, during such 1-year period, 
                        adopts by statute an alternative 
                        process intended to promote engineering 
                        and design quality and ensure maximum 
                        competition by professional companies 
                        of all sizes providing engineering and 
                        design services, such subparagraphs 
                        shall not apply with respect to the 
                        State. If the Secretary determines that 
                        the legislature of the State did not 
                        convene and adjourn a full regular 
                        session during such 1-year period, the 
                        Secretary may extend such 1-year period 
                        until the adjournment of the next 
                        regular session of the legislature.
                          (ii) State option.--Congress has 
                        determined that the State opt-out 
                        period for the contract administration 
                        procedures has expired. States that 
                        have complied with or received waivers 
                        from the Secretary regarding the 
                        requirements of section 307 of the 
                        National Highway Designation Act of 
                        1995, as of the date of the enactment 
                        of this clause, shall not be subject to 
                        the requirements of subparagraph (A).
                  (H) Compliance.--A State shall comply, with 
                respect to any architecture, engineering, or 
                related service contract for any phase of a 
                Federal-aid highway project, with the 
                qualifications-based selection procedures of 
                the Federal Acquisition Regulations, and with 
                the single audit procedures required under this 
                paragraph, or with an existing State law or a 
                statute enacted in accordance with the 
                legislative session exemption provided by 
                subparagraph (G).

Sec. 115. Advance construction

  (a) * * *
  (b) Interstate and National Highway System Projects.--
  [(1) In general.--]
When a State proceeds to construct any project on the National 
Highway System or the Interstate System without the aid of 
Federal funds in accordance with all procedures and all 
requirements applicable to such a project, except insofar as 
such procedures and requirements limit the State to the 
construction of projects with the aid of Federal funds 
previously apportioned to it, the Secretary, upon approval of 
application of the State, is authorized to pay to the State the 
Federal share of the cost of construction of the project when 
additional funds are apportioned to the State under section 
104(b)(1) or 104(b)(5), as the case may be, if--
          [(A) prior] (1) prior to the construction of the 
        project the Secretary approves the plans and 
        specifications therefor in the same manner as other 
        projects, and
          [(B) the project] (2) the project conforms to the 
        applicable standards under section 109 of this title.
          [(2) Bond interest for projects under construction on 
        January 1, 1983.--For any project under construction on 
        January 1, 1983, on the Interstate System and converted 
        to a regularly funded project after January 1, 1983, 
        for which the proceeds of bonds issued by the State, 
        county, city, or other political subdivision of the 
        State were used, any interest earned and payable on 
        such bonds by the date of conversion is an eligible 
        cost of construction, to the extent that the proceeds 
        of such bonds have actually been expended in the 
        construction of such projects.
          [(3) Bond interest.--Subject to the provisions of 
        this paragraph, the cost of construction of a project, 
        the Federal share of which the Secretary is authorized 
        to pay under this subsection, shall include the amount 
        of any interest earned and payable on bonds issued by 
        the State to the extent that the proceeds of such bonds 
        have actually been expended in the construction of such 
        project. In no event shall the amount of interest 
        considered as a cost of construction of a project under 
        the preceding sentence be greater than the excess of 
        (A) the amount which would be the estimated cost of 
        construction of the project if the project were to be 
        constructed at the time the project is converted to a 
        regularly funded project, over (B) the actual cost of 
        construction of such project (not including such 
        interest). The Secretary shall consider changes in 
        construction cost indices in determining the amount 
        under clause (A) of this paragraph.
  [(c) Completion of Projects.--In determining the 
apportionment for any fiscal year under the provisions of 
section 103(e)(4), 104, 134, 144,, or 307 of this title, any 
such project constructed by a State without the aid of Federal 
funds shall not be considered completed until an application 
under the provisions of this section with respect to such 
project has been approved by the Secretary.]
  [(d)] (c) Inclusion in Transportation Improvement Program.--
The Secretary may approve an application for a project under 
this section only if the project is included in the 
transportation improvement program of the State developed under 
section 135(f).
         *        *        *        *        *        *        *     

[Sec. 117. Certification acceptance

  [(a) The Secretary may discharge any of his responsibilities 
under this title relative to projects under this chapter, 
except projects on the Interstate System, upon the request of 
any State, by accepting a certification by the State highway 
department, or that department, commission, board, or official 
of any State charged by its laws with the responsibility for 
highway or other transportation construction, of its 
performance of such responsibilities, if he finds such projects 
will be carried out in accordance with State laws, regulations, 
directives, and standards which will accomplish the policies 
and objectives contained in or issued pursuant to this title.
  [(b) The Secretary may accept projects based on inspections 
of a type and frequency necessary to ensure the projects are 
completed in accordance with appropriate standards.
  [(c) The procedure authorized by this section shall be an 
alternative to that otherwise prescribed in this title. The 
Secretary shall promulgate such guidelines and regulations as 
may be necessary to carry out this section.
  [(d) Acceptance by the Secretary of a State's certification 
under this section may be rescinded by the Secretary at any 
time if, in his opinion, it is necessary to do.
  [(e) Nothing in this section, section 106(b), section 133, 
and section 149 shall affect or discharge any responsibility or 
obligation of the Secretary under any Federal law, including 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321, 
et seq.), section 303 of title 49, title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000(d), et seq.), title VIII of the Act 
of April 11, 1968 (Public Law 90-284, 42 U.S.C. 3601 et seq.), 
and the Uniform Relocation Assistance and Land Acquisition 
Policies Act of 1970 (42 U.S.C. 4601, et seq.), other than this 
title.
  [(f)(1) In the case of the Federal-aid secondary system, in 
lieu of discharging his responsibilities in accordance with 
subsections (a) through (d) of this section, the Secretary may, 
upon the request of any State highway department, discharge his 
responsibility relative to the plans, specifications, 
estimates, surveys, contract awards, design, inspection, and 
construction of all projects on the Federal-aid secondary 
system by his receiving and approving a certified statement by 
the State highway department setting forth that the plans, 
design, and construction for each such project are in accord 
with those standards and procedures which (A) were adopted by 
such State highway department, (B) were applicable to projects 
in this category, and (C) were approved by him.
  [(2) The Secretary shall not approve such standards and 
procedures unless they are in accordance with the provisions of 
subsection (b) of section 105, subsection (b) of section 106, 
and subsection (c) of section 109 of this title.
  [(3) Paragraphs (1) and (2) of this subsection shall not be 
construed to relieve the Secretary of his obligation to make a 
final inspection of each project after construction and to 
require an adequate showing of the estimated cost of 
construction and the actual cost of construction.]

Sec. 118. Availability of funds

  (a) * * *
  (b) Period of Availability[; Discretionary Projects].--
          (1) * * *
         *        *        *        *        *        *        *     
  [(e) The total payments to any State shall not at any time 
during a current fiscal year exceed the total of all 
apportionments to such State in accordance with section 104 of 
this title for such fiscal year and all preceding fiscal 
years.]
  (e) Effect of Release of Funds.--Any Federal-aid highway 
funds released by the final payment on a project, or by the 
modification of the project agreement, shall be credited to the 
same program funding category previously apportioned to the 
State and shall be immediately available for expenditure.
         *        *        *        *        *        *        *     

Sec. 119. Interstate maintenance program

  (a) The Secretary may approve projects for resurfacing, 
restoring [and rehabilitating] rehabilitating, and 
reconstructing routes on the Interstate System designated under 
sections 103 and 139(c) [of this title and], routes on the 
Interstate System designated before the date of enactment of 
[this sentence] the Building Efficient Surface Transportation 
and Equity Act of 1998 under section 139 (a) and (b) [of this 
title;], and any segments that become part of the Interstate 
System under section 1105(e)(5) of the Intermodal Surface 
Transportation Efficiency Act of 1991; except that the 
Secretary may only approve a project pursuant to this 
subsection on a toll road if such road is subject to a 
Secretarial agreement provided for in [subsection (e)] section 
129 or continued in effect by section 1012(d) of the Intermodal 
Surface Transportation Efficiency Act of 1991 and not voided by 
the Secretary under section 120(c) of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(101 Stat. 159). Sums authorized to be appropriated for this 
section shall be out of the Highway Trust Fund and shall be 
apportioned in accordance with section [104(b)(5)(B)] 104(b)(5) 
of this title.
  [(b) Not later than one year after the date of issuance of 
initial guidelines under section 109(m) of this title each 
State shall have a program for the Interstate system in 
accordance with such guidelines. Each State shall certify on 
January 1st of each year that it has such a program and the 
Interstate system is maintained in accordance with the program. 
If a State fails to certify as required or if the Secretary 
determines a State is not adequately maintaining the Interstate 
system in accordance with such program then the next 
apportionment of funds to such State for the Interstate system 
shall be reduced by amounts equal to 10 per centum of the 
amount which would otherwise be apportioned to such State under 
section 104 of this title. If, within one year from the date 
the apportionment for a State is reduced under this subsection, 
the Secretarydetermines that such State is maintaining the 
Interstate system in accordance with the guidelines the apportionment 
of such State shall be increased by an amount equal to the reduction. 
If the Secretary does not make such a determination within such one 
year period the amount so withheld shall be reapportioned to all other 
eligible States.
  [(c) Eligible Activities.--Activities authorized in 
subsection (a) may include the reconstruction of bridges, 
interchanges, and over crossings along existing Interstate 
routes, including the acquisition of right-of-way where 
necessary, but shall not include the construction of new travel 
lanes other than high occupancy vehicle lanes or auxiliary 
lanes.]
  [(d)] (b) Transfer of Interstate Construction 
Apportionments.--Upon application by a State (other than the 
State of Massachusetts) and approval by the Secretary, the 
Secretary may transfer to the apportionments to such State 
under section 104(b)(1) or [104(b)(5)(B)] 104(b)(5) any amount 
of the funds apportioned to such State for any fiscal year 
under section 104(b)(5)(A) if such amount does not exceed the 
Federal share of the costs of construction of segments of the 
Interstate System open to traffic in such State (other than 
high occupancy vehicle lanes) included in the most recent 
interstate cost estimate. Upon transfer of such amount, the 
construction on which such amount is based on open-to-traffic 
segments of the Interstate System in such State as included in 
the latest interstate cost estimate shall be ineligible and 
shall not be included in future interstate cost estimates 
approved or adjusted under section 104(b)(5)(A).
  [(e) Preventive Maintenance.--Preventive maintenance 
activities shall be eligible under this section when a State 
can demonstrate, through its pavement management system, that 
such activities are a cost-effective means of extending 
Interstate pavement life.]
  [(f)] (c) Transfer of Funds for Surface Transportation 
Program Projects.--
          (1) Upon certification acceptance.--If a State 
        certifies to the Secretary that any part of the sums 
        apportioned to the State under section [104(b)(5)(B)] 
        104(b)(5) of this title are in excess of the needs of 
        the State for resurfacing, restoring, or rehabilitating 
        Interstate System routes and the State is adequately 
        maintaining the Interstate System and the Secretary 
        accepts such certification, the State may transfer such 
        excess part to its apportionment under sections 
        104(b)(1) and 104(b)(3).
          (2) Unconditional.--Notwithstanding paragraph (1), a 
        State may transfer to its apportionment under sections 
        104(b)(1) and 104(b)(3) of this title--
                  (A) in fiscal year 1987, an amount not to 
                exceed 20 percent of the funds apportioned to 
                the State under section [104(b)(5)(B)] 
                104(b)(5) which are not obligated at the time 
                of the transfer; and
                  (B) in any fiscal year thereafter, an amount 
                not to exceed 20 percent of the funds 
                apportioned to the State under section 
                [104(b)(5)(B)] 104(b)(5) for such fiscal year.
  [(g)] (d) Limitation on New Capacity.--Notwithstanding any 
other provision of this title, the portion of the cost of any 
project undertaken pursuant to this section that is 
attributable to the expansion of the capacity of any Interstate 
highway or bridge, where such new capacity consists of one or 
more new travel lanes that are not high-occupancy vehicle lanes 
or auxiliary lanes, shall not be eligible for funding under 
this section.

Sec. 120. Federal share payable

  (a) Interstate System Projects.--Except as otherwise provided 
in this chapter, the Federal share payable on account of any 
project on the Interstate System (including a project to add 
high occupancy vehicle lanes and a project to add auxiliary 
lanes but excluding a project to add any other lanes) [shall 
be] shall not exceed 90 percent of the total cost thereof, plus 
a percentage of the remaining 10 percent of such cost in any 
State containing unappropriated and unreserved public lands and 
nontaxable Indian lands, individual and tribal, exceeding 5 
percent of the total area of all lands therein, equal to the 
percentage that the area of such lands in such State is of its 
total area; except that such Federal share payable on any 
project in any State shall not exceed 95 percent of the total 
cost of such project.
  (b) Other Projects.--Except as otherwise provided in this 
title, the Federal share payable on account of any project or 
activity carried out under this title (other than a project 
subject to subsection (a)) [shall be] shall not exceed--
          (1) * * *
         *        *        *        *        *        *        *     
  (e) Emergency Relief.--The Federal share payable on account 
of any repair or reconstruction provided for by funds made 
available under section 125 of this title on account of any 
project on a Federal-aid highway system, including the 
Interstate System, shall not exceed the Federal share payable 
on a project on such system as provided in subsections (a) and 
[(c)] (b) of this section; except that (1) the Federal share 
payable for eligible emergency repairs to minimize damage, 
protect facilities, or restore essential traffic accomplished 
within [90] 120 days after the actual occurrence of the natural 
disaster or catastrophic failure may amount to 100 percent of 
the costs thereof; and (2) the Federal share payable on account 
of any repair or reconstruction of forest highways, forest 
development roads and trails, park roads and trails, parkways, 
public lands highways, public lands development roads and 
trails, and Indian reservation roads may amount to 100 percent 
of the cost thereof. The total cost of a project may not exceed 
the cost of repair or reconstruction of a comparable facility. 
As used in this section with respect to bridges and in section 
144 of this title, ``a comparable facility'' shall mean a 
facility which meets the current geometric and construction 
standards required for the types and volume of traffic which 
such facility will carry over its design life.
         *        *        *        *        *        *        *     
  (j) Funds Appropriated to a Federal Land Managing Agency.--
Notwithstanding any other provision of law, the funds 
appropriated to any Federal land managing agency may be used as 
the non-Federal share payable on account of any Federal-aid 
highway project the Federal share of which is payable with 
funds apportioned under section 104 or 144 or allocated under 
the Federal scenic byways program.
  (k) Funds Appropriated for Federal Lands Highways Program.--
Notwithstanding any other provision of law, funds appropriated 
for carrying out the Federal lands highways program under 
section 204 may be used as the non-Federal share payable on 
account of any project that is carried out with funds 
apportioned under section 104 or 144 or allocated under the 
Federal scenic byways program if the project will provide 
access to, or be carried out within, Federal or Indian lands.
  (l) Credit for Non-Federal Share.--
          (1) Eligibility.--A State may use as a credit toward 
        the non-Federal matching share requirement for any 
        funds made available to carry out this title (other 
        than the emergency relief program authorized in 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) Agreements.--In receiving a credit for 
                non-Federal capital expenditures under this 
                subsection, a State shall enter into such 
                agreements as the Secretary may require to 
                ensure that the State will maintain its non-
                Federal transportation capital expenditures at 
                or above the average level of such expenditures 
                for the preceding 3 fiscal years.
          (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, laws, or regulations as a 
                        result of providing the non-Federal 
                        match 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 for a non-Federal 
                share under this subsection, such credit shall 
                be applied equally to all charter States.

Sec. 121. Payment to States for construction

  (a) The Secretary may, in his discretion, from time to time 
as the work progresses, make payments to a State for costs of 
construction incurred by it on a project. [These payments shall 
at notime exceed the Federal share of the costs of construction 
incurred to the date of the voucher covering such payment plus the 
Federal share of the value of the materials which have been stockpiled 
in the vicinity of such construction in conformity to plans and 
specifications for the project. Such payments may also be made in the 
case of any such materials not in the vicinity of such construction if 
the Secretary determines that because of required fabrication at an 
off-site location the materials cannot be stockpiled in such vicinity.] 
Such payments may also be made for the value of the materials (1) which 
have been stockpiled in the vicinity of such construction in conformity 
to plans and specifications for the projects, and (2) which are not in 
the vicinity of such construction if the Secretary determines that 
because of required fabrication at an off-site location the material 
cannot be stockpiled in such vicinity.
  [(b) After completion of a project in accordance with the 
plans and specifications, and approval of the final voucher by 
the Secretary, a State shall be entitled to payment out of the 
appropriate sums apportioned to it of the unpaid balance of the 
Federal share payable on account of such project.
  [(c) No payment shall be made under this chapter, except for 
a project located on a Federal-aid system and covered by a 
project agreement. No final payment shall be made to a State 
for its costs of construction of a project until the completion 
of the construction has been approved by the Secretary 
following inspections pursuant to section 114(a) of this title.
  [(d) In making payment pursuant to this section, the 
Secretary shall be bound by the limitations with respect to the 
permissible amounts of such payments contained in sections 
106(c), 120, and 130 of this title.]
  (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 it of the unpaid 
balance of the Federal share payable on account of such 
project.
  [(e)] (c) Such payments shall be made to such official or 
officials or depository as may be designated by the State 
highway department and authorized under the laws of the State 
to receive public funds of the State.
         *        *        *        *        *        *        *     

Sec. 124. Advances to States

  [(a)] If the Secretary shall determine that it is necessary 
for the expeditious completion of projects on any of the 
Federal-aid systems, including the Interstate System, he may 
advance to any State out of any existing appropriations the 
Federal share of the cost of construction thereof to enable the 
State highway department to make prompt payments for 
acquisition of rights-of-way, and for the construction as it 
progresses. The sums so advanced shall be deposited in a 
special revolving trust fund, by the State official authorized 
under the laws of the State to receive Federal-aid highway 
funds, to be disbursed solely upon vouchers approved by the 
State highway department for rights-of-way which have been or 
are being acquired, and for construction which has been 
actually performed and approved by the Secretary pursuant to 
this chapter. Upon determination by the Secretary that any part 
of the funds advanced to any State under the provisions of this 
section are no longer required, the amount of the advance, 
which is determined to be in excess of current requirements of 
the State, shall be repaid upon his demand, and such repayments 
shall be returned to the credit of the appropriation from which 
the funds were advanced. Any sum advanced and not repaid on 
demand shall be deducted from sums due the State for the 
Federal pro rata share of the cost of construction of Federal-
aid projects.
  [(b) Notwithstanding subsection (a) of this section, if the 
Secretary of Transportation determines that any toll bridge, 
toll tunnel, or approach thereto, which meets the requirements 
of section 129 of this title is necessary to complete an 
essential gap in the Interstate System then, upon request of 
State highway department, the Secretary shall at any time 
during construction of such bridge, tunnel, or approach and for 
one year after it is opened to traffic, and subject to the 
conditions and limitations of such section 129, advance to such 
State 100 per centum of the cost of construction of such 
bridge, tunnel, or approach. So much of the amount so advanced 
that exceeds the Federal share of such construction cost shall 
be repaid to the United States as follows:
          [(1) 50 per centum within one year of the date such 
        bridge, tunnel, or approach is opened to traffic,
          [(2) 25 per centum within two years of such date of 
        opening, and
          [(3) 25 per centum within three years of such date of 
        opening.
Any advance made to a State under this subsection shall be from 
the funds apportioned to said State for the Interstate System. 
So much of any advance made to a State under this subsection 
required to be repaid shall be repaid with interest at a rate 
determined by the Secretary. If a State receives any advance 
under this subsection with respect to any toll bridge, tunnel, 
or approach thereto, then the provisions of section 103(e)(4) 
of this title shall not apply to such bridge, tunnel, or 
approach.]
         *        *        *        *        *        *        *     

[Sec. 126. Diversion

  [(a) Since it is unfair and unjust to tax motor-vehicle 
transportation unless the proceeds of such taxation are applied 
to the construction, improvement, or maintenance of highways, 
after June 30, 1935, Federal aid for highway construction shall 
be extended only to those States that use at least the amounts 
provided by law on June 18, 1934, for such purposes in each 
State from State motor vehicle registration fees, licenses, 
gasoline taxes, and other special taxes on motor-vehicle owners 
and operators of all kinds for the construction, improvement, 
and maintenance of highways and administrative expenses in 
connection therewith, including the retirement of bonds for the 
payment of which such revenues have been pledged, and for no 
other purposes, under such regulations as the Secretary of 
Transportation shall promulgate from time to time.
  [(b) In no case shall the provisions of this section operate 
to deprive any State of more than one-third of the entire 
apportionment authorized under this chapter to which that State 
would be entitled in any fiscal year. The amount of any 
reduction in a State's apportionment shall be reapportioned in 
the same manner as any other unexpended balance at the end of 
the period during which it otherwise would be available in 
accordance with section 104(b) of this title.]

Sec. 127. Vehicle weight limitations--Interstate System

  (a) In General.--No funds shall be apportioned in any fiscal 
year under section 104(b)(1) of this title to any State which 
does not permit the use of the National System of Interstate 
and Defense Highways within its boundaries by vehicles with a 
weight of twenty thousand pounds carried on any one axle, 
including enforcement tolerances, or with a tandem axle weight 
of thirty-four thousand pounds, including enforcement 
tolerances, or a gross weight of at least eighty thousand 
pounds for vehicle combinations of five axles or more. However, 
the maximum gross weight to be allowed by any State for 
vehicles using the National System of Interstate and Defense 
Highways shall be twenty thousand pounds carried on one axle, 
including enforcement tolerances, and a tandem axle weight of 
thirty-four thousand pounds, including enforcement tolerances 
and with an overall maximum gross weight, including enforcement 
tolerances, on a group of two or more consecutive axles 
produced by application of the following formula:

                                                                        
                                         LN                             
      W=500           <3-ln (>    ---------------     +12N+36<3-ln )>   
                                        N 1                             
                                                                        

where W equals overall gross weight on any group of two or more 
consecutive axles to the nearest five hundred pounds, L equals 
distance in feet between the extreme of any group of two or 
more consecutive axles, and N equals number of axles in group 
under consideration, except that two consecutive sets of tandem 
axles may carry a gross load of thirty-four thousand pounds 
each providing the overall distance between the first and last 
axles of such consecutive sets of tandem axles is (1) thirty-
six feet or more, or (2) in the case of a motor vehicle hauling 
any tank trailer, dump trailer, or ocean transport container 
before September 1, 1989, is 30 feet or more: Provided, That 
such overall gross weight may not exceed eighty thousand 
pounds, including all enforcement tolerances, except for 
vehicles using Interstate Route 29 between Sioux City, Iowa, 
and the border between Iowa and South Dakota or vehicles using 
Interstate Route 129 between Sioux City, Iowa, and the border 
between Iowa and Nebraska, and except for those vehicles and 
loads which cannot be easily dismantled or divided and which 
have been issued special permits in accordance with applicable 
State laws, or the corresponding maximum weights permitted for 
vehicles using the public highways of such State under laws or 
regulations established by appropriate State authority in 
effect on July 1, 1956 except in the case of the overall gross 
weight of any group of two or more consecutive axles on any 
vehicle (other than a vehicle comprised of a motor vehicle 
hauling any tank trailer, dump trailer, or ocean transport 
container on or after September 1, 1989), on the date of 
enactment of the Federal-Aid Highway Amendments of 1974, 
whichever is the greater. Any amount which is withheld from 
apportionment to any State pursuant to the foregoing provisions 
shall lapse if not released and obligated within the 
availability period specified in section 118(b)(1) of this 
title. This section shall not be construed to deny 
apportionment to any State allowing the operation within such 
State of any vehicles or combinations thereof, other than 
vehicles or combinations subject to subsection (d) of this 
section, which the State determines could be lawfully operated 
within such State on July 1, 1956, except in the case of the 
overall gross weight of any group of two or more consecutive 
axles, on the date of enactment of the Federal-Aid Highway 
Amendments of 1974. With respect to the State of Hawaii, laws 
or regulations in effect on February 1, 1960, shall be 
applicable for the purposes of this section in lieu of those in 
effect on July 1, 1956. With respect to the State of Colorado, 
vehicles designed to carry 2 or more precast concrete panels 
shall be considered a nondivisible load. With respect to the 
State of Michigan, laws or regulations in effect on May 1, 
1982, shall be applicable for the purposes of this subsection. 
With respect to the State of Maryland, laws and regulations in 
effect on June 1, 1993, shall be applicable for the purposes of 
this subsection. 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.
         *        *        *        *        *        *        *     
  (h) Maine and New Hampshire.--With respect to Interstate 
Route 95 in the State of New Hampshire, State laws or 
regulations in effect on January 1, 1987, shall be applicable 
for purposes of this section. 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, State 
laws or regulations in effect on October 1, 1995, shall be 
applicable for purposes of this section.
         *        *        *        *        *        *        *     

Sec. 129. Toll roads, bridges, tunnels, and ferries

  (a) Basic Program.--
          (1) Authorization for federal participation.--
        Notwithstanding section 301 of this title and subject 
        to the provisions of this section, the Secretary shall 
        permit Federal participation in--
                  (A) * * *
         *        *        *        *        *        *        *     
                  (C) reconstruction or replacement of a [toll-
                free bridge or tunnel] toll-free major bridge 
                or toll-free tunnel and conversion of the 
                bridge or tunnel to a toll facility;
         *        *        *        *        *        *        *     
  (c) * * *
         *        *        *        *        *        *        *     
          (3) Such ferry boat or ferry terminal facility shall 
        be publicly [owned.] owned or operated.
         *        *        *        *        *        *        *     
          (6) No such ferry shall be [sold, leased, or] sold or 
        otherwise disposed of without the approval of the 
        Secretary. The Federal share of any proceeds from such 
        a disposition shall be credited to the unprogramed 
        balance of Federal-aid highway funds of the same class 
        last apportioned to such State. Any amounts so credited 
        shall be in addition to all other funds then 
        apportioned to such State and available for expenditure 
        in accordance with the provisions of this title.
         *        *        *        *        *        *        *     

Sec. 130. Railway-highway crossings

  (a) * * *
         *        *        *        *        *        *        *     
  (j) Bicycle Safety.--In carrying out projects under this 
section, a State shall take into account bicycle safety.
         *        *        *        *        *        *        *     

Sec. 133. Surface transportation program

  (a) Establishment.--The Secretary shall establish and 
implement a surface transportation program in accordance with 
this section.
  (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(3) for the surface 
transportation program only for the following:
          (1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, and operational improvements 
        for highways (including Interstate highways) and 
        bridges (including bridges on public roads of all 
        functional classifications), including any such 
        construction or reconstruction necessary to accommodate 
        other transportation modes, and including the seismic 
        retrofit and painting of and application of calcium 
        magnesium acetate, sodium acetate/formate, or 
        agriculturally derived, environmentally acceptable, 
        minimally corrosive anti-icing and de-icing 
        compositions on bridges and approaches thereto and 
        other elevated structures, mitigation of damage to 
        wildlife, habitat, and ecosystems caused by a 
        transportation project funded under this title.
         *        *        *        *        *        *        *     
          (9) Transportation control measures listed in section 
        108(f)(1)(A) (other than [clauses (xii) and] clause 
        (xvi)) of the Clean Air Act.
         *        *        *        *        *        *        *     
          (12) 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 existing transportation 
        facilities at the time such 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.
         *        *        *        *        *        *        *     
  (d) Allocations of Apportioned Funds.--
          (1) * * *
         *        *        *        *        *        *        *     
          (3) Division between urbanized areas of over 200,000 
        population and other areas.--
                  (A) * * *
         *        *        *        *        *        *        *     
                  (B) Special rule for areas of less than 5,000 
                population.--Of the amounts required to be 
                obligated under subparagraph (A)(ii), the State 
                shall obligate in areas of the State (other 
                than urban areas with a population greater than 
                5,000) an amount which is not less than 110 
                percent of the amount of funds apportioned to 
                the State for the Federal-aid secondary system 
                for fiscal year 1991. Notwithstanding 
                subsection (c), up to 15 percent of the amounts 
                required to be obligated under this 
                subparagraph may be obligated on roads 
                functionally classified as minor collectors.
         *        *        *        *        *        *        *     
  (e) Administration.--
          (1) * * *
          [(2) Certification.--The Governor of each State shall 
        certify before the beginning of each quarter of a 
        fiscal year that the State will meet all the 
        requirements of this section and shall notify the 
        Secretary of the amount of obligations expected to be 
        incurred for surface transportation program projects 
        during such quarter. A State may request adjustment to 
        the obligation amounts later in each of such quarters. 
        Acceptance of the notification and certification shall 
        be deemed a contractual obligation of the United States 
        for the payment of the surface transportation program 
        funds expected to be obligated by the State in such 
        quarter for projects not subject to review by the 
        Secretary under this chapter.]
          (2) Program approval.--Each State shall submit a 
        project agreement for each fiscal year, certifying that 
        the State will meet all the requirements of this 
        section and notifying the Secretary of the amount of 
        obligations needed to administer the surface 
        transportation program. Each State shall request 
        adjustments to the amount of obligations as needed. The 
        Secretary's approval of the project agreement shall be 
        deemed a contractual obligation of the United States 
        for the payment of surface transportation program funds 
        provided under this title.
         *        *        *        *        *        *        *     
  (f) Allocation of Obligation Authority.--A State which is 
required to obligate in an urbanized area with an urbanized 
area population of over 200,000 under subsection (d) funds 
apportioned to it under section 104(b)(3) shall allocate during 
the [6-fiscal year period 1992 through 1997] fiscal years for 
which funds are made available by the Building Efficient 
Surface Transportation and Equity Act of 1998 an amount of 
obligation authority distributed to the State for Federal-aid 
highways and highway safety construction for use in such area 
determined by multiplying--
          (1) * * *
         *        *        *        *        *        *        *     

Sec. 134. Metropolitan planning

  (a) General Requirements.--It is in the national interest to 
encourage and promote the development of transportation systems 
embracing various modes of transportation in a manner which 
will efficiently maximize mobility of people and goods and 
foster economic growth and development within and through 
urbanized areas and minimize transportation-related fuel 
consumption and air pollution. To accomplish this objective, 
metropolitan planning organizations, in cooperation with the 
State, shall develop transportation plans and programs for 
urbanized areas of the State. Such plans and programs shall 
provide for the development of transportation facilities 
(including pedestrian walkways and bicycle transportation 
facilities) which will function as an intermodal transportation 
system for the State, the metropolitan areas, and the Nation. 
The process for developing such plans and programs shall 
provide for consideration of all modes of transportation and 
shall be continuing, cooperative, and comprehensive to the 
degree appropriate, based on the complexity of the 
transportation problems.
         *        *        *        *        *        *        *     
  (e) Coordination of [MPO's] MPOs.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a 
        metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act, each metropolitan planning 
        organization shall consult with the other metropolitan 
        planning organizations designated for such area and the 
        State in the coordination of plans and programs 
        required by this section.
          (2) Project located in multiple mpos.--If a project 
        is located within the boundaries of more than one 
        metropolitan planning organization, the metropolitan 
        planning organizations shall coordinate plans regarding 
        the project.
  [(f) Factors To Be Considered.--In developing transportation 
plans and programs pursuant to this section, each metropolitan 
planning organization shall, at a minimum, consider the 
following:
          [(1) Preservation of existing transportation 
        facilities and, where practical, ways to meet 
        transportation needs by using existing transportation 
        facilities more efficiently.
          [(2) The consistency of transportation planning with 
        applicable Federal, State, and local energy 
        conservation programs, goals, and objectives.
          [(3) The need to relieve congestion and prevent 
        congestion from occurring where it does not yet occur.
          [(4) The likely effect of transportation policy 
        decisions on land use and development and the 
        consistency of transportation plans and programs with 
        the provisions of all applicable short- and long-term 
        land use and development plans.
          [(5) The programming of expenditure on transportation 
        enhancement activities as required in section 133.
          [(6) The effects of all transportation projects to be 
        undertaken within the metropolitan area, without regard 
        to whether such projects are publicly funded.
          [(7) International border crossings and access to 
        ports, airports, intermodal transportation facilities, 
        major freight distribution routes, national parks, 
        recreation areas, monuments and historic sites, and 
        military installations.
          [(8) The need for connectivity of roads within the 
        metropolitan area with roads outside the metropolitan 
        area.
          [(9) The transportation needs identified through use 
        of the management systems required by section 303 of 
        this title.
          [(10) Preservation of rights-of-way for construction 
        of future transportation projects, including 
        identification of unused rights-of-way which may be 
        needed for future transportation corridors and 
        identification of those corridors for which action is 
        most needed to prevent destruction or loss.
          [(11) Methods to enhance the efficient movement of 
        freight.
          [(12) The use of life-cycle costs in the design and 
        engineering of bridges, tunnels, or pavement.
          [(13) The overall social, economic, energy, and 
        environmental effects of transportation decisions.
          [(14) Methods to expand and enhance transit services 
        and to increase the use of such services.
          [(15) Capital investments that would result in 
        increased security in transit systems.
          [(16) Recreational travel and tourism.]
  (f) Goals and Objectives of Planning Process.--To the extent 
that the metropolitan planning organization determines 
appropriate, the metropolitan transportation planning process 
may include consideration of goals and objectives that--
          (1) support the economic vitality of the metropolitan 
        area, especially by enabling global competitiveness, 
        productivity, and efficiency;
          (2) increase the safety and security of the 
        transportation system for all users;
          (3) increase the accessibility and mobility for 
        people and freight;
          (4) protect and enhance the environment, conserve 
        energy, and enhance quality of life;
          (5) enhance the integration and connectivity of the 
        transportation system, across and between modes, for 
        people and freight;
          (6) promote efficient system utilization and 
        operation; and
          (7) preserve and optimize the existing transportation 
        system.
This subsection shall apply to the development of long-range 
transportation plans and transportation improvement programs.
  (g) Development of Long Range Plan.--
          (1) In general.--Each metropolitan planning 
        organization shall prepare, and update periodically, 
        according to a schedule that the Secretary determines 
        to be appropriate, a long range transportation plan for 
        its metropolitan area in accordance with the 
        requirements of this subsection.
          (2) Long range plan.--A long range plan under this 
        section shall be in a form that the Secretary 
        determines to be appropriate and shall[, at a minimum] 
        contain, at a minimum, the following:
                  (A) [Identify] An identification of 
                transportation facilities (including but not 
                necessarily limited to major roadways, transit, 
                and multimodal and intermodal facilities) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and 
                regional transportation functions. In 
                formulating the long range plan, the 
                metropolitan planning organization [shall 
                consider] may consider factors described in 
                subsection (f) as such factors relate to a 20-
                year forecast period.
                  [(B) Include a financial plan that 
                demonstrates how the long-range 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 innovative financing 
                techniques to finance needed projects and 
                programs, including such techniques as value 
                capture, tolls and congestion pricing.]
                  (B) A financial plan that demonstrates how 
                the adopted transportation plan can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                plan and recommends any additional financing 
                strategies for needed projects and programs. 
                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. For the purpose of developing the 
                transportation plan, the metropolitan planning 
                organization and State shall cooperatively 
                develop estimates of funds that will be 
                available to support plan implementation.
         *        *        *        *        *        *        *     
          (4) Participation by interested parties.--Before 
        approving a long range plan, each metropolitan planning 
        organization shall provide citizens, affected public 
        agencies, representatives of transportation agency 
        employees, freight shippers and providers of freight 
        transportation services, private providers of 
        transportation, and other interested parties with a 
        reasonable opportunity to comment on the long range 
        plan, in a manner that the Secretary deems appropriate.
          (5) Publication of long range plan.--Each long range 
        transportation plan prepared by a metropolitan planning 
        organization shall be--
                  (i) * * *
         *        *        *        *        *        *        *     
  (h) Transportation Improvement Program.--
          (1) Development.--The metropolitan planning 
        organization designated for a metropolitan area, in 
        cooperation with the State and affected transit 
        operators, shall develop a transportation improvement 
        program for the area for which such organization is 
        designated. In developing the program, the metropolitan 
        planning organization shall provide citizens, affected 
        public agencies, representatives of transportation 
        agency employees, other affected employee 
        representatives, private providers of transportation, 
        and other interested parties with a reasonable 
        opportunity to comment on the proposed program. The 
        program shall be updated at least once every [2] 3 
        years and shall be approved by the metropolitan 
        planning organization and the Governor.
          (2) Priority of projects.--The transportation 
        improvement program shall include the following:
                  (A) * * *
                  (B) A financial plan that demonstrates how 
                the transportation improvement program can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                plan, and recommends any innovative financing 
                techniques to finance needed projects and 
                programs, including value capture, tolls, and 
                congestion pricing. 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.
         *        *        *        *        *        *        *     
  (i) Transportation Management Areas.--
          (1) * * *
         *        *        *        *        *        *        *     
          (4) Selection of projects.--All projects carried out 
        within the boundaries of a transportation management 
        area with Federal participation pursuant to this title 
        (excluding projects undertaken on the National Highway 
        System, under the high risk road safety program, and 
        pursuant to the bridge and Interstate maintenance 
        programs) or pursuant to chapter 53 of title 49 shall 
        be selected by the metropolitan planning organization 
        designated for such area in consultation with the State 
        and in conformance with the transportation improvement 
        program for such area and priorities established 
        therein. Projects undertaken within the boundaries of a 
        transportation management area on the National Highway 
        System, under the high risk road safety program, or 
        pursuant to the bridge and Interstate maintenance 
        programs shall be selected by the State in cooperation 
        with the metropolitan planning organization designated 
        for such area and shall be in conformance with the 
        transportation improvement program for such area.
          (5) Certification.--The Secretary shall assure that 
        each metropolitan planning organization in each 
        transportation management area is carrying out its 
        responsibilities under applicable provisions of Federal 
        law, and shall so certify at least once every 3 years. 
        The Secretary may make such certification only if [(1)] 
        (A) a metropolitan planning organization is complying 
        with the requirements of this section and other 
        applicable requirements of Federal law, and [(2)] (B) 
        there is a transportation improvement program for the 
        area that has been approved by the metropolitan 
        planning organization and the Governor. If after 
        September 30, 1993, a metropolitan planning 
        organization is not certified by the Secretary, the 
        Secretary may withhold, in whole or in part, the 
        apportionment under section 104(b)(3) attributed to the 
        relevant metropolitan area pursuant to section 
        133(d)(3) and capital funds apportioned under the 
        formula program under section 5336 of title 49. If a 
        metropolitan planning organization remains uncertified 
        for more than 2 consecutive years after September 30, 
        1994, 20 percent of the apportionment attributed to 
        that metropolitan area under section 133(d)(3) and 
        capital funds apportioned under the formula program 
        under section 5336 of title 49 shall be withheld. The 
        withheld apportionments shall be restored to the 
        metropolitan area at such time as the metropolitan 
        planning organization is certified by the Secretary. 
        The Secretary shall not withhold certification under 
        this section based upon the policies and criteria 
        established by a metropolitan planning organization or 
        transit grant recipient for determining the feasibility 
        of private enterprise participation in accordance with 
        section 5306(a) of title 49.
         *        *        *        *        *        *        *     

Sec. 135. Statewide planning

  (a) * * *
         *        *        *        *        *        *        *     
  [(c) State Planning Process.--Each State shall undertake a 
continuous transportation planning process which shall, at a 
minimum, consider the following:
          [(1) The results of the management systems required 
        pursuant to subsection (b).
          [(2) Any Federal, State, or local energy use goals, 
        objectives, programs, or requirements.
          [(3) Strategies for incorporating bicycle 
        transportation facilities and pedestrian walkways in 
        projects where appropriate throughout the State.
          [(4) International border crossings and access to 
        ports, airports, intermodal transportation facilities, 
        major freight distribution routes, national parks, 
        recreation and scenic areas, monuments and historic 
        sites, and military installations.
          [(5) The transportation needs of nonmetropolitan 
        areas through a process that includes consultation with 
        local elected officials with jurisdiction over 
        transportation.
          [(6) Any metropolitan area plan developed pursuant to 
        section 134.
          [(7) Connectivity between metropolitan areas within 
        the State and with metropolitan areas in other States.
          [(8) Recreational travel and tourism.
          [(9) Any State plan developed pursuant to the Federal 
        Water Pollution Control Act.
          [(10) Transportation system management and investment 
        strategies designed to make the most efficient use of 
        existing transportation facilities.
          [(11) The overall social, economic, energy, and 
        environmental effects of transportation decisions.
          [(12) Methods to reduce traffic congestion and to 
        prevent traffic congestion from developing in areas 
        where it does not yet occur, including methods which 
        reduce motor vehicle travel, particularly single-
        occupant motor vehicle travel.
          [(13) Methods to expand and enhance transit services 
        and to increase the use of such services.
          [(14) The effect of transportation decisions on land 
        use and land development, including the need for 
        consistency between transportation decisionmaking and 
        the provisions of all applicable short-range and long-
        range land use and development plans.
          [(15) The transportation needs identified through use 
        of the management systems required by section 303 of 
        this title.
          [(16) Where appropriate, the use of innovative 
        mechanisms for financing projects, including value 
        capture pricing, tolls, and congestion pricing.
          [(17) Preservation of rights-of-way for construction 
        of future transportation projects, including 
        identification of unused rights-of-way which may be 
        needed for future transportation corridors, and 
        identify those corridors for which action is most 
        needed to prevent destruction or loss.
          [(18) Long-range needs of the State transportation 
        system.
          [(19) Methods to enhance the efficient movement of 
        commercial motor vehicles.
          [(20) The use of life-cycle costs in the design and 
        engineering of bridges, tunnels, or pavement.]
  (c) Scope of the Planning Process.--To the extent that a 
State determines appropriate, the State may consider goals and 
objectives in the transportation planning process that--
          (1) support the economic vitality of the Nation, its 
        States and metropolitan areas, especially by enabling 
        global competitiveness, productivity and efficiency;
          (2) increase the safety and security of the 
        transportation system for all users;
          (3) increase the accessibility and mobility for 
        people and freight;
          (4) protect and enhance the environment, conserve 
        energy, and enhance the quality of life;
          (5) enhance the integration and connectivity of the 
        transportation system, across and between modes 
        throughout the State for people and freight;
          (6) promote efficient system utilization and 
        operation; and
          (7) preserve and optimize the existing transportation 
        system.
  (d) Additional [Requirements] Considerations.--Each State in 
carrying out planning under this section [shall, at a minimum,] 
may consider the following:
          (1) * * *
         *        *        *        *        *        *        *     
  (e) Long-Range Plan.--The State shall develop a long-range 
transportation plan for all areas of the State. With respect to 
metropolitan areas of the State, the plan shall be developed in 
cooperation with metropolitan planning organizations designated 
for metropolitan areas in the State under section 134. With 
respect to areas of the State under the jurisdiction of an 
Indian tribal government, the plan shall be developed in 
cooperation with such government and the Secretary of the 
Interior. In developing the plan, the State shall provide 
citizens, affected public agencies, representatives of 
transportation agency employees, other affected employee 
representatives, freight shippers and providers of freight 
transportation services, private providers of transportation, 
and other interested parties with a reasonable opportunity to 
comment on the proposed plan. In addition, the State shall 
develop a long-range plan for bicycle transportation and 
pedestrian walkways for appropriate areas of the State which 
shall be incorporated into the long-range transportation plan.
  (f) Transportation Improvement Program.--
          (1) Development.--The State shall develop a 
        transportation improvement program for all areas of the 
        State. With respect to metropolitan areas of the State, 
        the program shall be developed in cooperation with 
        metropolitan planning organizations designated for 
        metropolitan areas in the State under section 134. With 
        respect to nonmetropolitan areas of the State (areas 
        with less than 50,000 population), the program shall be 
        developed by the State, in cooperation with elected 
        officials of affected local governments and elected 
        officials of subdivisions of affected local governments 
        which have jurisdiction over transportation planning, 
        through a process developed by the State which ensures 
        participation by such elected officials. In developing 
        the program, the Governor shall provide citizens, 
        affected public agencies, representatives of 
        transportation agency employees, other affected 
        employee representatives, freight shippers and 
        providers of freight transportation services, private 
        providers of transportation, and other interested 
        parties with a reasonable opportunity to comment on the 
        proposed program.
          (2) Included projects.--A transportation improvement 
        program for a State developed under this subsection 
        shall include projects within the boundaries of the 
        State which are proposed for funding under this title 
        and chapter 53 of title 49, which are consistent with 
        the long-range plan developed under this section for 
        the State, which are consistent with the metropolitan 
        transportation improvement program, and which in areas 
        designated as nonattainment for ozone or carbon 
        monoxide under the Clean Air Act conform with the 
        applicable State implementation plan developed pursuant 
        to the Clean Air Act. The program shall include a 
        project, or an identified phase of a project, only if 
        full funding can reasonably be anticipated to be 
        available for such project within the time period 
        contemplated for completion of the project. The program 
        may include, for illustrative purposes, additional 
        projects that would be included in the program if 
        reasonable additional resources were available. The 
        program shall also reflect the priorities for 
        programming and expenditures of funds, including 
        transportation enhancements, required by this title.
          (3) Project selection for areas less than 50,000 
        population.--Projects undertaken in areas of less than 
        50,000 population (excluding projects undertaken on the 
        National Highway System, under the high risk road 
        safety program, and pursuant to the bridge and 
        Interstate maintenance programs) shall be selected by 
        the State in cooperation with the affected local 
        officials. Projects undertaken in such areas on the 
        National Highway System, under the high risk road 
        safety program, or pursuant to the bridge and 
        Interstate maintenance programs shall be selected by 
        the State in consultation with the affected local 
        officials.
          (4) [Biennial] Triennial review and approval.--A 
        transportation improvement program developed under this 
        subsection shall be reviewed and approved no less 
        frequently than [biennially] triennially by the 
        Secretary.
         *        *        *        *        *        *        *     

Sec. 137. Fringe and corridor parking facilities

  (a) * * *
         *        *        *        *        *        *        *     
  (f)(1) The Secretary may approve for Federal financial 
assistance from funds apportioned under section [104(b)(5)(B) 
of this title] 104(b)(5), projects for designating existing 
facilities, or for acquisition of rights of way or construction 
of new facilities, for use as preferential parking for 
carpools, provided that such facilities (A) are located outside 
of a central business district and within an interstate highway 
corridor, and (B) have as their primary purpose the reduction 
of vehicular traffic on the interstate highway.
         *        *        *        *        *        *        *     

Sec. 139. Additions to Interstate System

  (a) Whenever the Secretary determines that a highway on the 
Federal-aid primary system meets all of the standards of a 
highway on the Interstate System and that such highway is a 
logical addition or connection to the Interstate System, he 
may, upon the affirmative recommendation of the State or States 
involved, designate such highway as a part of the Interstate 
System. The mileage of any highway designated as part of the 
Interstate System under this section shall not be charged 
against the limitationestablished by the first sentence of 
section 103(e) of this title. The designation of a highway as part of 
the Interstate System under this subsection shall create no Federal 
financial responsibility with respect to such highway; except that any 
State may use funds available to it under sections 104(b)(1) and 
[104(b)(5)(B) of this title] 104(b)(5) for the resurfacing, restoring, 
rehabilitating, and reconstructing of any highway designated as a route 
on the Interstate System under this subsection before the date of 
enactment of this sentence.
  (b) Whenever the Secretary determines that a highway on the 
Federal-aid primary system would be a logical addition or 
connection to the Interstate System and would qualify for 
designation as a route on that system in the same manner as set 
forth in paragraph 1 of subsection (e) of section 103 of this 
title, he may upon the affirmative recommendation of the State 
or States involved designate such highway as a future part of 
the Interstate System. Such designation shall be made only upon 
the written agreement of the State or States involved that such 
highway will be constructed to meet all the standards of a 
highway on the Interstate System within twelve years of the 
date of the agreement between the Secretary and the State or 
States involved. The mileage of any highway designated as a 
future part of the Interstate System under this subsection 
shall not be charged against the limitations established by the 
first sentence of section 103(e) of this title. The designation 
of a highway as part of the Interstate System under this 
subsection shall create no Federal financial responsibility 
with respect to such highway; except that any State may use 
funds available to it under sections 104(b)(1) and 
[104(b)(5)(B) of this title] 104(b)(5) for the resurfacing, 
restoring, rehabilitating, and reconstructing of any highway 
designated as a route on the Interstate System under this 
subsection before the date of enactment of this sentence. In 
the event that the State or States involved have not 
substantially completed the construction of any highway 
designated under this subsection within the time provided for 
in the agreement between the Secretary and State or States 
involved, the Secretary shall remove the designation of such 
highway as a future part of the Interstate System. Removal of 
such designation as result of failure to comply with the 
agreement provided for in this subsection shall in no way 
prohibit the Secretary from designating such route as part of 
the Interstate System pursuant to subsection (a) of this 
section or under any other provision of law providing for 
addition to the Interstate System. No law, rule, regulation, 
map, document, or other record of the United States, or of any 
State or political subdivision thereof, shall refer to any 
highway under this section, nor shall any such highway be 
signed or marked, as a highway on the Interstate System until 
such time as such highway is constructed to the geometric and 
construction standards for the Interstate System and has been 
designated as a part of the Interstate System.
  (c) The Secretary shall designate those portions of highway 
segments on the Federal-aid primary system in States which have 
no Interstate System that are logical components to a system 
serving the State's principal cities, national defense needs 
and military installations, and traffic generated by rail, 
water, and air transportation modes. The designated segments 
shall have been constructed to the geometric and construction 
standards adequate for current and probable future traffic 
demands and the needs of the locality of the segment. The 
mileage of any highway designated as part of the Interstate 
System under this subsection shall not be charged against the 
limitation established by the first sentence of section 
103(e)(1) of this title. The designation of a highway under 
this subsection shall create no Federal financial 
responsibility with respect to such highway, except that the 
State involved may use Federal-aid highway funds available to 
it under sections 104(b)(1) and [104(b)(5)(B) of this title] 
104(b)(5), for the resurfacing, rehabilitation, restoration, 
and reconstruction of a highway designated as a route on the 
Interstate System under this subsection.

Sec. 140. Nondiscrimination

  (a) Prior to approving any programs for projects as provided 
for in subsection (a) of section 105 of this title, the 
Secretary shall require assurances from any State desiring to 
avail itself of the benefits of this chapter that employment in 
connection with proposed projects will be provided without 
regard to race, color, creed, national origin, or sex. He shall 
require that each State shall include in the advertised 
specifications, notification of the specific equal employment 
opportunity responsibilities of the successful bidder. In 
approving programs for projects on any of the Federal-aid 
systems, the Secretary shall, where he considers it necessary 
to assure equal employment opportunity, require certification 
by any State desiring to avail itself of the benefits of this 
chapter that there are in existence and available on a 
regional, statewide, or local basis, apprenticeship, skill 
improvement or other upgrading programs, registered with the 
Department of Labor or the appropriate State agency, if any, 
which provide equal opportunity for training and employment 
without regard to race, color, creed, national origin, or sex. 
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. The Secretary shall periodically 
obtain from the Secretary of Labor and the respective State 
highway departments information which will enable him to judge 
compliance with the requirements of this section and the 
Secretary of Labor shall render to the Secretary such 
assistance and information as he shall deem necessary to carry 
out the equal employment opportunity program required 
hereunder.
  (b) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer highway 
construction and technology training, including skill 
improvement programs, and to develop and fund summer 
transportation institutes. Whenever apportionments are made 
under section 104(b) of this title, the Secretary shall deduct 
such sums as he may deem necessary, not to exceed $2,500,000 
for the transition quarter ending September 30, 1976, and not 
to exceed $10,000,000 per fiscal year, for the administration 
of this subsection. Such sums so deducted shall remain 
available until expended. The provisions of section 3709 of the 
Revised Statutes, as amended (41 U.S.C. 5), shall not be 
applicable to contracts and agreements made under the authority 
herein granted to the Secretary. Notwithstanding any other 
provision of law, not to exceed \1/2\ of 1 percent of funds 
apportioned to a State for the surface transportation program 
under section 104(b) and the bridge program under section 144 
may be [available] utilized to carry out this subsection upon 
request of the State highway department to the Secretary.
         *        *        *        *        *        *        *     

Sec. 142. Public transportation

  (a) * * *
         *        *        *        *        *        *        *     
  (c) Accommodation of Other Modes of Transportation.--The 
Secretary may approve as a project on any Federal-aid system 
for payment from sums apportioned under section 104(b) (other 
than section [104(b)(5)(A)] 104(b)(5)) modifications to 
existing highway facilities on such system necessary to 
accommodate other modes of transportation if such modifications 
will not adversely affect automotive safety.
         *        *        *        *        *        *        *     

Sec. 144. Highway bridge replacement and rehabilitation program

  (a) * * *
         *        *        *        *        *        *        *     
  (d) Whenever any State or States make application to the 
Secretary for assistance in replacing or rehabilitating a 
highway bridge which the priority system established under 
subsection (b) and (c) of this section shows to be eligible, 
the Secretary may approve Federal participation in replacing 
such bridge with a comparable facility or in rehabilitating 
such bridge. Whenever any State makes application to the 
Secretary for assistance in painting and seismic retrofit, or 
applying calcium magnesium acetate, sodium acetate/formate, or 
agriculturally derived, environmentally acceptable, minimally 
corrosive anti-icing and de-icing compositions or installing 
scour countermeasures to, the structure of a highway bridge, 
the Secretary may approve Federal participation in the painting 
or seismic retrofit of, or application of such acetate or 
sodium acetate/formate or such anti-icing or de-icing 
composition or installation of such countermeasures to, such 
structure. The Secretary shall determine the eligibility of 
highway bridges for replacement or rehabilitation for each 
State based upon the unsafe highway bridges in such State, 
except that a State may carry out a project for seismic 
retrofit of a bridge under this section without regard to 
whether the bridge is eligible for replacement or 
rehabilitation under this section. In approving projects (other 
than projects for bridge structure painting or seismic retrofit 
or application of such acetate or sodium acetate/formate or 
such anti-icing or de-icing composition or installation of such 
countermeasures) underthis section, the Secretary shall give 
consideration to those projects which will remove from service those 
highway bridges most in danger of failure.
  (e) Funds authorized to carry out this section shall be 
apportioned among the several States on October 1 of the fiscal 
year for which authorized in accordance with this subsection. 
Each deficient bridge shall be placed into one of the following 
categories: (1) Federal-aid system bridges eligible for 
replacement, (2) Federal-aid system bridges eligible for 
rehabilitation, (3) off-system bridges eligible for 
replacement, and (4) off-system bridges eligible for 
rehabilitation. The square footage of deficient bridges in each 
category shall be multiplied by the respective unit price on a 
State-by-State basis, as determined by the Secretary; and the 
total cost in each State divided by the total cost of the 
deficient bridges in all States shall determine the 
apportionment factors. For purposes of the preceding sentence, 
the total cost of deficient bridges in a State and in all 
States shall be reduced by the total cost of any highway 
bridges constructed under subsection (m) in such State, 
relating to replacement of destroyed bridges and ferryboat 
services, and, if a State transfers funds apportioned to it 
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. No State shall receive more than 10 per centum or less 
than 0.25 per centum of the total apportionment for any one 
fiscal year. The Secretary shall make these determinations 
based upon the latest available data, which shall be updated 
annually. Funds apportioned under this section shall be 
available for expenditure for the same period as funds 
apportioned for projects on the Federal-aid primary system 
under this title. Any funds not obligated at the expiration of 
such period shall be reapportioned by the Secretary to the 
other States in accordance with this subsection. The use of 
funds authorized under this section to carry out a project for 
the seismic retrofit of a bridge shall not affect the 
apportionment of funds under this section.
         *        *        *        *        *        *        *     
  (g) Set Asides.--
          (1) Discretionary bridge program.--
                  (A) Fiscal years 1992 through 1997.--Of the 
                amounts authorized for each of fiscal years 
                1992, 1993, 1994, 1995, 1996, and 1997 by 
                section 103 of the Intermodal Surface 
                Transportation Efficiency Act of 1991, all but 
                $57,000,000 in the case of fiscal year 1992, 
                $68,000,000 in the case of fiscal years 1993 
                and 1994, and $69,000,000 in the case of fiscal 
                years 1995, 1996, and 1997 shall be apportioned 
                as provided in subsection (e) of this section. 
                $49,000,000 in the case of fiscal year 1992, 
                $59,500,000 in the case of fiscal years 1993 
                and 1994, and $60,500,000 in the case of fiscal 
                years 1995, 1996, and 1997 of the amount 
                authorized for each of such fiscal years shall 
                be available for obligation on the date of each 
                such apportionment in the same manner and to 
                the same extent as the sums apportioned on such 
                date, except that the obligation of $49,000,000 
                in the case of fiscal year 1992, $59,500,000 in 
                the case of fiscal years 1993 and 1994, and 
                $60,500,000 in the case of fiscal years 1995, 
                1996, and 1997 shall be at the discretion of 
                the Secretary, and $8,500,000 per fiscal year 
                ($8,000,000 in the case of fiscal year 1992) of 
                the amount authorized for each of such fiscal 
                years shall be available in accordance with 
                section 1039 of the Intermodal Surface 
                Transportation Efficiency Act of 1991, relating 
                to highway timber bridges.
                  (B) Fiscal year 1998.--The amounts authorized 
                for fiscal year 1998 by section 127(a)(1) of 
                the Building Efficient Surface Transportation 
                and Equity Act of 1998 shall be at the 
                discretion of the Secretary. 25 percent of such 
                amount shall be available only for projects for 
                the seismic retrofit of a bridge described in 
                subsection (l).
                  (C) Fiscal years 1999 through 2003.--The 
                amounts authorized for each of fiscal years 
                1999 through 2003 by section 127(a)(1) of the 
                Building Efficient Surface Transportation and 
                Equity Act of 1998 shall be at the discretion 
                of the Secretary. Not to exceed 25 percent of 
                such amount shall be available only for 
                projects for the seismic retrofit of bridges, 
                including projects in the New Madrid fault 
                region.
         *        *        *        *        *        *        *     
          (3) Off-system bridges.--Not less than 15 percent nor 
        more than 35 percent of the amount apportioned to each 
        State in each of fiscal years 1987[, 1988, 1989, 1990, 
        1991, 1992, 1993, 1994, 1995, 1996, and 1997,] through 
        2003, shall be expended for projects to replace, 
        rehabilitate, paint or seismic retrofit, or apply 
        calcium magnesium acetate, sodium acetate/formate, or 
        agriculturally derived, environmentally acceptable, 
        minimally corrosive anti-icing and de-icing 
        compositions or install scour countermeasures to 
        highway bridges located on public roads, other than 
        those on a Federal-aid [system] highway. The Secretary, 
        after consultation with State and local officials, may, 
        with respect to such State, reduce the requirement for 
        expenditure for bridges not on a Federal-aid [system] 
        highway when the Secretary determines that such State 
        has inadequate needs to justify such expenditure.
         *        *        *        *        *        *        *     
  (n) Off-System Bridge Program.--Notwithstanding any other 
provision of law, with respect to any project not on a Federal-
aid [system] highway for the replacement of a bridge or 
rehabilitation of a bridge which is wholly funded from State 
and local sources, is eligible for Federal funds under this 
section, is noncontroversial, is certified by the State to have 
been carried out in accordance with all standards applicable to 
such projects under this section, and is determined by the 
Secretary upon completion to be no longer a deficient bridge, 
any amount expended after the date of the enactment of this 
subsection from State and local sources for such project in 
excess of 20 percent of the cost of construction thereof may be 
credited to the non-Federal share of the cost of the projects 
in such State which are eligible for Federal funds under this 
section. Such crediting shall be in accordance with such 
procedures as the Secretary may establish.
         *        *        *        *        *        *        *     

Sec. 149. Congestion mitigation and air quality improvement program

  (a) Establishment.--The Secretary shall establish and 
implement a congestion mitigation and air quality improvement 
program in accordance with this section.
  (b) Eligible Projects.--Except as provided in subsection (c), 
a State may obligate funds apportioned to it under section 
104(b)(2) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
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--
          (1)(A) if the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines, on the basis of information published by 
        the Environmental Protection Agency pursuant to section 
        108(f)(1)(A) of the Clean Air Act (other than [clauses 
        (xii) and] clause (xvi) of such section), that the 
        project or program is likely to contribute to--
                          (i) * * *
         *        *        *        *        *        *        *     
          (3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment of a national ambient air 
        quality standard, whether through reductions in vehicle 
        miles traveled, fuel consumption, or through other 
        factors; [or]
          (4) to establish or operate a traffic monitoring, 
        management, and control facility or program if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program is likely to contribute to the 
        attainment of a national ambient air quality 
        [standard.] standard; or
          (5) if the program or project would have been 
        eligible for funding on or before September 30, 1997, 
        under guidance issued by the Secretary to implement 
        this section.
         *        *        *        *        *        *        *     

Sec. 152. Hazard elimination program

  (a) Each State shall conduct and systematically maintain an 
engineering survey of all public roads to identify hazardous 
locations, sections, and elements, including roadside obstacles 
and unmarked or poorly marked roads, which may constitute a 
danger to motorists, bicyclists, and pedestrians, assign 
priorities for the correction of such locations, sections, and 
elements, and establish and implement a schedule of projects 
for their improvement. In carrying out this section, States 
shall minimize any negative impact on safety and access for 
bicyclists and pedestrians.
  (b) The Secretary may approve as a project under this section 
any highway safety improvement project or safety improvement 
project described in subsection (a).
         *        *        *        *        *        *        *     
  (f) Each State shall establish an evaluation process approved 
by the Secretary, to analyze and assess results achieved by 
[highway] safety improvement projects carried out in accordance 
with procedures and criteria established by this section. Such 
evaluation process shall develop cost-benefit data for various 
types of corrections and treatments which shall be used in 
setting priorities for [highway] safety improvement projects.
  (g) Each State shall report to the Secretary of 
Transportation not later than December 30 of each year, on the 
progress being made to implement [highway] safety improvement 
projects for hazard elimination and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the cost of, and safety benefits derived from, the various 
means and methods used to mitigate or eliminate hazards and the 
previous and subsequent accident experience at these locations. 
The Secretary of Transportation shall submit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives not later than April 1 of each year on the 
progress being made by the States in implementing the hazard 
elimination program (including but not limited to any projects 
for pavement marking). The report shall include, but not be 
limited to, the number of projects undertaken, their 
distribution by cost range, road system, means and methods 
used, and the previous and subsequent accident experience at 
improved locations. In addition, the Secretary's report shall 
analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (a) and include recommendations for 
future implementation of the hazard elimination program.
         *        *        *        *        *        *        *     

Sec. 154. High risk road safety improvement program

  (a) Establishment.--The Secretary shall establish and 
implement a high risk road safety improvement program in 
accordance with this section.
  (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(4) only for construction 
and operational improvement projects, and for pavement marking 
and signing projects, on high risk roads and only if the 
primary purpose of the project is to improve highway safety on 
a high risk road.
  (c) State Allocation System.--Each State shall establish a 
system for allocating funds apportioned to it under section 
104(b)(4) among projects eligible for assistance under this 
section that have the highest benefits to highway safety. Such 
system may include a safety management system established by 
the State under section 303 or a survey established pursuant to 
section 152(a).
  (d) Transferability.--A State may transfer not to exceed 50 
percent of the amount of funds apportioned to it under section 
104(b)(4) for any fiscal year to the apportionment of such 
State under section 104(b)(1) or 104(b)(3) or both.
  (e) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) High risk road.--The term ``high risk road'' 
        means any Federal-aid highway or segment of a Federal-
        aid highway--
                  (A) on which a significant number of severe 
                motor vehicle crashes occur; or
                  (B) which has current, or will likely have, 
                increases in traffic volume that are likely to 
                create a potential for severe crash 
                consequences in a significant number of motor 
                vehicle crashes.
          (2) Severe crash.--The term ``severe crash'' means a 
        motor vehicle crash in which a fatality or 
        incapacitating injury occurs.
         *        *        *        *        *        *        *     

Sec. 157. Minimum allocation

    (a) General Rules.--
          (1) * * *
         *        *        *        *        *        *        *     
          (4) [Thereafter] Fiscal years 1992-1997.--In [fiscal 
        year 1992 and each fiscal year thereafter] each of 
        fiscal years 1992 through 1997 on October 1, or as soon 
        as possible thereafter, the Secretary shall allocate 
        among the States amounts sufficient to ensure that a 
        State's percentage of the total apportionments in each 
        such fiscal year and allocations for the prior fiscal 
        year for Interstate construction, Interstate 
        maintenance, Interstate highway substitute, National 
        Highway System, surface transportation program, bridge 
        program, scenic byways, and grants for safety belts and 
        motorcycle helmets shall not be less than 90 percent of 
        the percentage of estimated tax payments attributable 
        to highway users in the State paid into the Highway 
        Trust Fund, other than the Mass Transit Account, in the 
        latest fiscal year for which data are available.
          (5) Thereafter.--In fiscal year 1998 and each fiscal 
        year thereafter on October 1, or as soon as possible 
        thereafter, the Secretary shall allocate among the 
        States amounts sufficient to ensure that a State's 
        percentage of the total apportionments in each such 
        fiscal year for Interstate maintenance, the National 
        Highway System, the bridge program, the surface 
        transportation program, the congestion mitigation and 
        air quality improvement program, the high priority 
        projects program, the high risk road safety improvement 
        program, the recreational trails program, the 
        Appalachian Development Highway System program, and 
        metropolitan planning shall not be less than 95 percent 
        of the percentage of estimated tax payments 
        attributable to highway users in the State paid into 
        the Highway Trust Fund, other than the Mass Transit 
        Account, in the latest fiscal year for which data are 
        available. In determining allocations under this 
        paragraph, the Secretary shall not take into account 
        the 2 percent set aside under section 104(b)(3)(A).
  (b) Availability of Funds.--Amounts allocated pursuant to 
subsection (a) of this section shall be available for 
obligation when allocated for the year authorized plus the 
three succeeding fiscal years, shall be subject to the 
provisions of this title 23 and may be obligated for 
[Interstate highway substitute, National Highway, surface 
transportation program, Interstate, congestion mitigation and 
air quality improvement program, bridge, hazard elimination, 
and rail-highway crossings projects] any purpose described in 
section 133(b). \1/2\ of the amounts allocated pursuant to 
subsection (a) after September 30, 1991, shall be subject to 
section 133(d)(3) of this title. Obligation limitations for 
Federal-aid highways and highway safety construction programs 
established by this Act or any subsequent Act shall not apply 
to obligations made under this section, except where the 
provision of law establishing such limitation specifically 
amends or limits the applicability of this sentence. Sums 
allocated pursuant to this section shall not be considered to 
be sums allocated for purposes of section 104(b) of the Highway 
Improvement Act of 1982 and section 4102(c) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 and section 105(c) of 
the Federal-Aid Highway Act of 1987 and section 1002(c) of the 
Intermodal Surface Transportation Efficiency Act of 1991 and 
section 103(c) of the Building Efficient Surface Transportation 
and Equity Act of 1998.
         *        *        *        *        *        *        *     
  (d) Treatment of Withheld Apportionments.--For purposes of 
subsection (a), any funds which, but for section [154(f) or] 
158(a) of this title or any other provision of law under which 
Federal-aid highway funds are withheld from apportionment, 
would be apportioned to a State in a fiscal year under a 
section referred to in subsection (a) shall be treated as being 
apportioned in such year.
  (e) Authorization of Appropriations.--In order to carry out 
this section there is authorized to be appropriated out of the 
Highway Trust Fund, other than the Mass Transit Account, such 
sums as may be necessary for each of the fiscal years ending on 
or after September 30, 1983.

Sec. 158. National minimum drinking age

  (a) Withholding of Funds for Noncompliance.--
          (1) First year.--The Secretary shall withhold 5 per 
        centum of the amount required to be apportioned to any 
        State under each of sections 104(b)(1), [104(b)(2), 
        104(b)(5), and 104(b)(6)] 104(b)(3), and 104(b)(5) of 
        this title on the first day of the fiscal year 
        succeeding the first fiscal year beginning after 
        September 30, 1985, in which the purchase or public 
        possession in such State of any alcoholic beverage by a 
        person who is less than twenty-one years of age is 
        lawful.
          (2) After the first year.--The Secretary shall 
        withhold 10 per centum of the amount required to be 
        apportioned to any State under each of sections 
        104(b)(1), [104(b)(2), 104(b)(5), and 104(b)(6)] 
        104(b)(3), and 104(b)(5) of this title on the first day 
        of each fiscal year after the second fiscal year 
        beginningafter September 30, 1985, in which the 
purchase or public possession in such State of any alcoholic beverage 
by a person who is less than twenty-one years of age is lawful.
          (3) State grandfather law as complying.--If, before 
        the later of (A) October 1, 1986, or (B) the tenth day 
        following the last day of the first session the 
        legislature of a State convenes after the date of the 
        enactment of this paragraph, such State has in effect a 
        law which makes unlawful the purchase and public 
        possession in such State of any alcoholic beverage by a 
        person who is less than 21 years of age (other than any 
        person who is 18 years of age or older on the day 
        preceding the effective date of such law and at such 
        time could lawfully purchase or publicly possess any 
        alcoholic beverage in such State), such State shall be 
        deemed to be in compliance with paragraphs (1) and (2) 
        of this subsection in each fiscal year in which such 
        law is in effect.
    (b) [Period of Availability;] Effect of Compliance and 
Noncompliance.--
          [(1) Period of availability of withheld funds.--
                  [(A) Funds withheld on or before september 
                30, 1988.--Any funds withheld under this 
                section from apportionment to any State on or 
                before September 30, 1988, shall remain 
                available for apportionment to such State as 
                follows:
                          [(i) If such funds would have been 
                        apportioned under section 104(b)(5)(A) 
                        of this title but for this section, 
                        such funds shall remain available until 
                        the end of the fiscal year for which 
                        such funds are authorized to be 
                        appropriated.
                          [(ii) If such funds would have been 
                        apportioned under section 104(b)(5)(B) 
                        of this title but for this section, 
                        such funds shall remain available until 
                        the end of the second fiscal year 
                        following the fiscal year for which 
                        such funds are authorized to be 
                        appropriated.
                          [(iii) If such funds would have been 
                        apportioned under section 104(b)(1), 
                        104(b)(2), or 104(b)(6) of this title 
                        but for this section, such funds shall 
                        remain available until the end of the 
                        third fiscal year following the fiscal 
                        year for which such funds are 
                        authorized to be appropriated.
                  [(B) Funds withheld after september 30, 
                1988.--No funds] No funds withheld under this 
                section from apportionment to any State after 
                September 30, 1988, shall be available for 
                apportionment to such State.
          [(2) Apportionment of withheld funds after 
        compliance.--If, before the last day of the period for 
        which funds withheld under this section from 
        apportionment are to remain available for apportionment 
        to a State under paragraph (1)(A), the State makes 
        effective a law which is in compliance with subsection 
        (a), the Secretary shall on the day following the 
        effective date of such law apportion to such State the 
        withheld funds remaining available for apportionment to 
        such State.
          [(3) Period of availability of subsequently 
        apportioned funds.--Any funds apportioned pursuant to 
        paragraph (2) shall remain available for expenditure as 
        follows:
                  [(A) Funds apportioned under section 
                104(b)(5)(A) of this title shall remain 
                available until the end of the fiscal year 
                succeeding the fiscal year in which such funds 
                are so apportioned.
                  [(B) Funds apportioned under section 
                104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) 
                of this title shall remain available until the 
                end of the third fiscal year succeeding the 
                fiscal year in which such funds are so 
                apportioned.
        Sums not obligated at the end of such period shall 
        lapse or, in the case of funds apportioned under 
        section 104(b)(5) of this title, shall lapse and be 
        made available by the Secretary for projects in 
        accordance with section 118(b) of this title.
          [(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under this section from 
        apportionment are available for apportionment to a 
        State under paragraph (1), the State has not made 
        effective a law which is in compliance with subsection 
        (a), such funds shall lapse or, in the case of funds 
        withheld from apportionment under section 104(b)(5) of 
        this title, such funds shall lapse and be made 
        available by the Secretary for projects in accordance 
        with section 118(b) of this title.]
         *        *        *        *        *        *        *     

Sec. 159. Revocation or suspension of drivers' licenses of individuals 
                    convicted of drug offenses

  (a) * * *
         *        *        *        *        *        *        *     
  (b) [Period of Availability;] Effect of Compliance and 
Noncompliance.--
          [(1) Period of availability of withheld funds.--
                  [(A) Funds withheld on or before september 
                30, 1995.--Any funds withheld under subsection 
                (a) from apportionment to any State on or 
                before September 30, 1995, shall remain 
                available for apportionment to such State as 
                follows:
                          [(i) If such funds would have been 
                        apportioned under section 104(b)(5)(A) 
                        but for this section, such funds shall 
                        remain available until the end of the 
                        fiscal year for which such funds are 
                        authorized to be appropriated.
                          [(ii) If such funds would have been 
                        apportioned under section 104(b)(5)(B) 
                        but for this section, such funds shall 
                        remain available until the end of the 
                        second fiscal year following the fiscal 
                        year for which such funds are 
                        authorized to be appropriated.
                          [(iii) If such funds would have been 
                        apportioned under paragraph (1), (3), 
                        or (5) of section 104(b) but for this 
                        section, such funds shall remain 
                        available until the end of the third 
                        fiscal year following the fiscal year 
                        for which such funds are authorized to 
                        be appropriated.
                  [(B) Funds withheld after september 30, 
                1995.--No] No funds withheld under this section 
                from apportionment to any State after September 
                30, 1995, shall be available for apportionment 
                to such State.
          [(2) Apportionment of withheld funds after 
        compliance.--If, before the last day of the period for 
        which funds withheld under subsection (a) from 
        apportionment are to remain available for apportionment 
        to a State under paragraph (1), the State meets the 
        requirements of subsection (a)(3), the Secretary shall, 
        on the first day on which the State meets the 
        requirements of subsection (a)(3), apportion to the 
        State the funds withheld under subsection (a) that 
        remain available for apportionment to the State.
          [(3) Period of availability of subsequently 
        apportioned funds.--Any funds apportioned pursuant to 
        paragraph (2) shall remain available for expenditure as 
        follows:
                  [(A) Funds which would have been originally 
                apportioned under section 104(b)(5)(A) shall 
                remain available until the end of the fiscal 
                year succeeding the fiscal year in which such 
                funds are apportioned under paragraph (2).
                  [(B) Funds which would have been originally 
                apportioned under paragraph (1), (3), or (5)(B) 
                of section 104(b) shall remain available until 
                the end of the third fiscal year succeeding the 
                fiscal year in which such funds are so 
                apportioned.
        Sums not obligated at the end of such period shall 
        lapse or, in the case of funds apportioned under 
        section 104(b)(5), shall lapse and be made available by 
        the Secretary for projects in accordance with section 
        118(b).
          [(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) 
        from apportionment are available for apportionment to a 
        State under paragraph (1), the State does not meet the 
        requirements of subsection (a)(3), such funds shall 
        lapse or, in the case of funds withheld from 
        apportionment under section 104(b)(5), such funds shall 
        lapse and be made available by the Secretary for 
        projects in accordance with section 118(b).]
         *        *        *        *        *        *        *     

[Sec. 160. Reimbursement for segments of the Interstate System 
                    constructed without Federal assistance

  [(a) General Authority.--The Secretary shall allocate to the 
States in each of fiscal years 1996 and 1997 amounts determined 
under subsection (b) for reimbursement of their original 
contributions to construction of segments of the Interstate 
System which were constructed without Federal financial 
assistance.
  [(b) Determination of Reimbursement Amount.--The amount to be 
reimbursed to a State in each of fiscal years 1996 and 1997 
under this section shall be determined by multiplying the 
amount made available for carrying out this section for such 
fiscal year by the reimbursement percentage set forth in the 
table contained in subsection (c).
  [(c) Reimbursement Table.--For purposes of carrying out this 
section, the reimbursement percentage, the original cost for 
constructing the Interstate System, and the total reimbursable 
amount for each State is set forth in the following table:
      

----------------------------------------------------------------------------------------------------------------
                                                                                                   Reimbursable 
                           [States                             Original cost     Reimbursement      amount in   
                                                                in millions       percentage         millions   
----------------------------------------------------------------------------------------------------------------
Alabama.....................................................               $9              0.50             $147
Alaska......................................................                               0.50              147
Arizona.....................................................               20              0.50              147
Arkansas....................................................                6              0.50              147
California..................................................              298              5.42            1,591
Colorado....................................................               23              0.50              147
Connecticut.................................................              314              5.71            1,676
Delaware....................................................               39              0.71              209
Florida.....................................................               31              0.56              164
Georgia.....................................................               46              0.84              246
Hawaii......................................................                               0.50              147
                                                                                                                
Idaho.......................................................                5              0.50              147
Illinois....................................................              475              8.62            2,533
Indiana.....................................................              167              3.03              892
Iowa........................................................                5              0.50              147
Kansas......................................................              101              1.84              540
Kentucky....................................................               32              0.57              169
Louisiana...................................................               22              0.50              147
Maine.......................................................               38              0.69              204
Maryland....................................................              154              2.79              820
Massachusetts...............................................              283              5.14            1,511
                                                                                                                
Michigan....................................................              228              4.14            1,218
Minnesota...................................................               16              0.50              147
Mississippi.................................................                6              0.50              147
Missouri....................................................               74              1.35              396
Montana.....................................................                5              0.50              147
Nebraska....................................................                1              0.50              147
Nevada......................................................                2              0.50              147
New Hampshire...............................................                8              0.50              147
New Jersey..................................................              353              6.41            1,882
New Mexico..................................................                8              0.50              147
                                                                                                                
New York....................................................              929             16.88            4,960
North Carolina..............................................               36              0.65              191
North Dakota................................................                3              0.50              147
Ohio........................................................              257              4.68            1,374
Oklahoma....................................................               91              1.66              486
Oregon......................................................               78              1.42              417
Pennsylvania................................................              354              6.43            1,888
Rhode Island................................................               12              0.50              147
South Carolina..............................................                4              0.50              147
South Dakota................................................                5              0.50              147
                                                                                                                
Tennessee...................................................                7              0.50              147
Texas.......................................................              200              3.64            1,069
Utah........................................................                6              0.50              147
Vermont.....................................................                1              0.50              147
Virginia....................................................              111              2.01              591
Washington..................................................               73              1.32              389
West Virginia...............................................                5              0.50              147
Wisconsin...................................................                8              0.50              147
Wyoming.....................................................                9              0.50              147
D.C.........................................................                9              0.50              147
                                                             ---------------------------------------------------
    TOTALS..................................................           $4,967            100.00          $29,384
----------------------------------------------------------------------------------------------------------------


  [(d) Transfer of Reimbursable Amounts to STP Apportionment.--
Subject to subsection (e) of this section, the Secretary shall 
transfer amounts allocated to a State pursuant to this section 
to the apportionment of such State under section 104(b)(3) for 
the surface transportation program.
  [(e) Limitation on Applicability of Certain Requirements of 
STP Program.--The following provisions of section 133 of this 
title shall not apply to \1/2\ of the amounts transferred under 
subsection (d) to the apportionment of the State for the 
surface transportation program:
          [(1) Subsection (d)(1).
          [(2) Subsection (d)(2).
          [(3) Subsection (d)(3).
  [(f) Authorization of Appropriations.--There is authorized to 
be appropriated, out of the Highway Trust Fund (other than the 
Mass Transit Account), $2,000,000,000 per fiscal year for each 
of fiscal years 1996 and 1997 to carryout this section.]

Sec. 160. High cost Interstate System reconstruction and improvement 
                    program

  (a) Establishment.--The Secretary shall establish and 
implement a high cost Interstate System reconstruction and 
improvement program in accordance with this section.
  (b) Eligible Projects.--Funds made available to carry out the 
high cost interstate reconstruction and improvement program 
under this section for a fiscal year shall be available for 
obligation by the Secretary for any major reconstruction or 
improvement project to any highway designated as part of the 
Interstate System and open to traffic before the date of the 
enactment of the Building Efficient Surface Transportation and 
Equity Act of 1998. Such funds shall be made available by the 
Secretary to any State applying for such funds only if the 
Secretary determines that--
          (1) the total cost of the project is greater than the 
        lesser of $200,000,000 or 50 percent of the aggregate 
        amount of funds apportioned to the State under this 
        title for such fiscal year;
          (2) the project is a ready-to-commence project;
          (3) the State agrees that it will not transfer funds 
        apportioned to it under section 104(b)(5) for such 
        fiscal year to any other program category; and
          (4) the applicant agrees to obligate the funds within 
        1 year of the date the funds are made available.
  (c) Allocation of Funds.--Subject to subsection (f)(1), of 
the funds made available to carry out the program under this 
section, the Secretary shall allocate--
          (1) not less than $165,000,000 for fiscal year 1998, 
        $412,500,000 for fiscal year 1999, and $670,000,000 for 
        each of fiscal years 2000 through 2003 among States in 
        the ratio that the estimated cost of carrying out 
        projects determined by the Secretary to be eligible for 
        funding under subsection (b) in each State bears to the 
        estimated cost of carrying out such projects in all of 
        the States; and
          (2) at the discretion of the Secretary, not more than 
        the amounts set forth in section 127(a)(2) for each of 
        fiscal years 1998 through 2003 for projects eligible 
        for assistance under this section to--
                  (A) meet an extraordinary need for funding; 
                or
                  (B) help expedite completion of a project of 
                national significance.
  (d) Unallocated Funds.--
          (1) Apportionment.--If, on August 1 of fiscal year 
        1998 and each fiscal year thereafter, the Secretary 
        determines that funds authorized to be allocated in 
        such fiscal year for the program under this section 
        will not be allocated in such fiscal year as a result 
        of not enough projects being eligible for assistance 
        under this section, the Secretary shall apportion under 
        section 104(b)(5) such funds among the States for the 
        Interstate maintenance program.
          (2) Redistribution of obligation authority.--The 
        Secretary shall also redistribute on such August 1 any 
        obligation authority that is allocated for the fiscal 
        year under section 103(c)(4) of the Building Efficient 
        Surface Transportation and Equity Act of 1998 
        attributable to the program under this section and that 
        the Secretary determines will not be used before 
        September 30 of such fiscal year among the States 
        (other than a State from which obligation authority for 
        such fiscal year is redistributed under section 103(d) 
        of such Act) in the same ratio as set forth in section 
        103(c)(5) of such Act.
  (e) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
  (f) Future Allocations.--
          (1) Fiscal years 1998-2003.--For fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003, funds to be allocated 
        pursuant to subsection (c)(1) shall be allocated in the 
        same manner as funds apportioned under section 
        104(b)(5). Such funds shall only be available for 
        projects eligible under subsection (b); except that if 
        a State does not have a project eligible under 
        subsection (b), funds allocated to such State under 
        this paragraph shall be available for any project in 
        such State on a segment of the Interstate System that 
        is open to traffic.
          (2) Determinations.--The Secretary shall, in 
        cooperation with States and affected metropolitan 
        planning organizations, 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; and
                  (B) a method to allocate funds made available 
                under this section that would--
                          (i) address the needs identified in 
                        subparagraph (A);
                          (ii) provide a fair and equitable 
                        distribution of such funds; and
                          (iii) allow for States to address any 
                        extraordinary needs.
          (3) Report.--The determination made under paragraph 
        (2) shall be submitted to Congress in a report not 
        later than January 1, 2000.

Sec. 161. Operation of motor vehicles by intoxicated minors

  (a) Withholding of Apportionments for Noncompliance.--
          (1) Fiscal year 1999.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any 
        State under each of paragraphs (1), (3), and (5)[(B)] 
        of section 104(b) on October 1, 1998, if the State does 
        not meet the requirement of paragraph (3) on that date.
          (2) Thereafter.--The Secretary shall withhold 10 
        percent (including any amounts withheld under paragraph 
        (1)) of the amount required to be apportioned to any 
        State under each of paragraphs (1), (3), and (5)[(B)] 
        of section 104(b) on October 1, 1999, and on October 1 
        of each fiscal year thereafter, if the State does not 
        meet the requirement of paragraph (3) on that date.
         *        *        *        *        *        *        *     

Sec. 162. National scenic byways program

  (a) Designation of Roads.--The Secretary shall carry out a 
national scenic byways program that recognizes roads having 
outstanding scenic, historic, cultural, natural, recreational, 
and archaeological qualities by designating them as ``National 
Scenic Byways'' or ``All-American Roads''. The Secretary shall 
designate roads to be recognized under the national scenic 
byways program in accordance with criteria developed by the 
Secretary. To be considered for such designation, a road must 
be nominated by a State or Federal land management agency and 
must first be designated as a State scenic byway or, for roads 
on Federal lands, as a Federal land management agency byway.
  (b) Allocations and Technical Assistance.--
          (1) General authority.--The Secretary shall make 
        allocations and provide technical assistance to States 
        to--
                  (A) implement projects on highways designated 
                as National Scenic Byways or All-American 
                Roads, or as State scenic byways; and
                  (B) plan, design, and develop a State scenic 
                byways program.
          (2) Priority projects.--In making allocations under 
        this subsection, the Secretary shall give priority to--
                  (A) eligible projects along highways that are 
                designated as National Scenic Byways or All-
                American Roads;
                  (B) eligible projects on State-designated 
                scenic byways that are undertaken to make them 
                eligible for designation as National Scenic 
                Byways or All-American Roads; and
                  (C) eligible projects that will assist the 
                development of State scenic byways programs.
  (c) Eligible Projects.--The following are projects that are 
eligible for Federal assistance under this section:
          (1) activities related to planning, design, or 
        development of State scenic byway programs;
          (2) development of corridor management plans for 
        scenic byways;
          (3) safety improvements to a scenic byway to the 
        extent such improvements are necessary to accommodate 
        increased trafficand changes in the types of vehicles 
using the highway due to such designation;
          (4) construction along a scenic byway of facilities 
        for pedestrians and bicyclists, rest areas, turnouts, 
        highway shoulder improvements, passing lanes, 
        overlooks, and interpretive facilities;
          (5) improvements to a scenic byway that will enhance 
        access to an area for the purpose of recreation, 
        including water-related recreation;
          (6) protection of historical, archaeological, and 
        cultural resources in areas adjacent to scenic byways;
          (7) development and provision of tourist information 
        to the public, including interpretive information about 
        scenic byways; and
          (8) development and implementation of scenic byways 
        marketing programs.
  (d) Federal Share.--The Federal share payable on account of 
any project carried out under this section shall be determined 
in accordance with section 120(b) of this title. For any scenic 
byways project along a public road that provides access to or 
within Federal or Indian lands, a Federal land management 
agency may use funds authorized for its use as the non-Federal 
share of the costs of the project.
  (e) Protection of Scenic Integrity.--
          (1) Scenic integrity.--The Secretary shall not make 
        an allocation under this section for any project that 
        would not protect the scenic, historic, recreational, 
        cultural, natural, and archaeological integrity of a 
        highway and adjacent areas.
          (2) Savings clause.--The Secretary shall not make any 
        grant, provide technical assistance, or impose any 
        requirement on a State under this section that is 
        inconsistent with the authority of the State provided 
        in this chapter.

                       Chapter 2.--OTHER HIGHWAYS

Sec.

201. Authorizations.
         *        *        *        *        *        *        *     
206. Recreational trails program.
         *        *        *        *        *        *        *     

Sec. 202. Allocations

      (a) * * *
      [(b) On October 1 of each fiscal year, the Secretary 
shall allocate 34 percent of the sums authorized to be 
appropriated for such fiscal year for public lands highways 
among those States having unappropriated or unreserved public 
lands, nontaxable Indian lands or other Federal reservations, 
on the basis of need in such States, respectively, as 
determined by the Secretary upon application of the State 
highway departments of the respective States. The Secretary 
shall give preference to those projects which are significantly 
impacted by Federal land and resource management activities 
which are proposed by a State which contains at least 3 percent 
of the total public lands in the Nation. The Secretary shall 
allocate 66 percent of the remainder of the authorization for 
public lands highways for each fiscal year as is provided in 
section 134 of the Federal-Aid Highway Act of 1987, and with 
respect to these allocations the Secretary shall give equal 
consideration to projects that provide access to and within the 
National Forest System, as identified by the Secretary of 
Agriculture through renewable resources and land use planning 
and the impact of such planning on existing transportation 
facilities.]
  (b) Allocation of Sums Authorized for Public Lands 
Highways.--
          (1) In general.--On October 1 of each fiscal year and 
        after making the transfer provided for in section 
        204(i), the Secretary shall allocate the sums 
        authorized to be appropriated for such fiscal year for 
        public lands highways for transportation projects 
        within the boundaries of those States having 
        unappropriated or unreserved public lands, nontaxable 
        Indian lands, or other Federal reservations, on the 
        basis of need in such States, respectively, as 
        determined by the Secretary from applications for such 
        funds by Federal land managing agencies, Indian tribal 
        governments, and States.
          (2) Preference.--In allocating sums under paragraph 
        (1), the Secretary shall give preference to those 
        projects that are significantly impacted by Federal 
        land, recreation, or resource management activities 
        that are proposed within the boundaries of a State in 
        which at least 3 percent of the total public lands in 
        the United States are located.
         *        *        *        *        *        *        *     
  (e) Forest Highways.--
          (1) Allocation of funds.--On October 1 of each fiscal 
        year and after making the transfer provided for in 
        section 204(g), the Secretary shall allocate the sums 
        authorized to be appropriated for such fiscal year for 
        forest highways as provided in section 134 of the 
        Federal-Aid Highway Act of 1987.
          (2) Project selection.--With respect to allocations 
        under this subsection, the Secretary shall give 
        priority to projects that provide access to and within 
        the National Forest System, as identified by the 
        Secretary of Agriculture through renewable resources 
        and land use planning and the impact of such planning 
        on existing transportation facilities.

Sec. 203. Availability of funds

      [Funds authorized for,] (a) In General.--Funds authorized 
for forest highways, forest development roads and trails, 
public lands development roads and trails, park road, parkways, 
Indian reservation roads, and public lands highways shall be 
available for contract upon apportionment, or on October 1, of 
the fiscal year for which authorized if no apportionment is 
required. Any amount remaining unexpended for a period of three 
years after the close of the fiscal year for which authorized 
shall lapse. The Secretary of the Department charged with the 
administration of such funds is granted authority to incur 
obligations, approve projects, and enter into contracts under 
such authorizations and his action in doing so shall be deemed 
a contractual obligation of the United States for the payment 
of the cost thereof and such funds shall be deemed tohave been 
expended when so obligated. Any funds heretofore or hereafter 
authorized for any fiscal year for forest highways, forest development 
roads and trails, public lands development roads and trails, park road, 
parkways, Indian roads and public lands highways shall be deemed to 
have been expended if a sum equal to the total of the sums authorized 
for such fiscal year and previous fiscal years since and including the 
fiscal year ending June 30, 1955, shall have been obligated. Any of 
such funds released by payment of final voucher or modification of 
project authorizations shall be credited to the balance of unobligated 
authorizations and be immediately available for expenditure.
  (b) Time of Obligation.--Notwithstanding any other provision 
of law, the Secretary's authorization of engineering and 
related work for a Federal lands highways program project or 
the Secretary's approval of plans, specifications, and 
estimates for construction of a Federal lands highways program 
project shall be deemed to constitute a contractual obligation 
of the Federal Government for the payment of its contribution 
to such project.

Sec. 204. Federal Lands Highways Program

  [(a) Recognizing the need for all Federal roads which are 
public roads to be treated under the same uniform policies as 
roads which are on the Federal-aid systems, there is 
established a coordinated Federal lands highways program which 
shall consist of the public lands highways, park roads, 
parkways, and Indian reservation roads as defined in section 
101 of this title. The Secretary, in cooperation with the 
Secretary of the Interior and the Secretary of Agriculture, 
shall develop appropriate transportation planning procedures 
and safety, bridge, and pavement management systems for roads 
funded under the Federal Lands Highway Program. Notwithstanding 
any other provision of this title, no public lands highway 
project may be undertaken in any State pursuant to this section 
unless the State concurs in the selection and planning of the 
project.]
  (a) Recognizing the need for all Federal roads that are 
public roads to be treated under uniform policies similar to 
those that apply to Federal-aid highways, there is established 
a coordinated Federal Lands Highways Program which shall 
consist of forest highways, public lands highways, park roads 
and parkways, and Indian reservation roads and bridges. The 
Secretary, in cooperation with the Secretary of the appropriate 
Federal land managing agency, shall develop transportation 
planning procedures which are consistent with the metropolitan 
and Statewide planning processes in sections 134 and 135 of 
this title. The transportation improvement program developed as 
a part of the transportation planning process under this 
section shall be approved by the Secretary. All regionally 
significant Federal Lands Highway Program projects shall be 
developed in cooperation with States and metropolitan planning 
organizations and be included in appropriate Federal Lands 
Highways Program, State, and metropolitan plans and 
transportation improvement programs. The approved Federal Lands 
Highways Program transportation improvement program shall be 
included in appropriate State and metropolitan planning 
organization plans and programs without further action thereon. 
The Secretary and the Secretary of the appropriate Federal land 
managing agency shall develop appropriate safety, bridge, and 
pavement management systems for roads funded under the Federal 
Lands Highways Program.
  (b) [Funds available for public lands highways shall be used 
by the Secretary to pay for the cost of construction and 
improvement thereof. Funds available for park roads, parkways, 
and Indian reservation roads shall be used by the Secretary or 
the Secretary of the Interior to pay for the cost of 
construction and improvement thereof. In connection therewith, 
the Secretary and the Secretary of the Interior, as 
appropriate, may enter into construction contracts and such 
other contracts with a State or civil subdivision thereof or 
Indian tribe as deemed advisable.] Funds available for forest 
highways, public lands highways, park roads and parkways, and 
Indian reservation roads shall be used by the Secretary and the 
Secretary of the appropriate Federal land managing agency to 
pay for the cost of transportation planning, research, 
engineering, and construction thereof. The Secretary and the 
Secretary of the appropriate Federal land managing agency, as 
appropriate, may enter into construction contracts and such 
other contracts with a State or civil subdivision thereof or 
Indian tribe to carry out this subsection. In the case of 
Indian reservation roads, Indian labor may be employed in such 
construction and improvement under such rules and regulations 
as may be prescribed by the Secretary of the Interior. No 
ceiling on Federal employment shall be applicable to 
construction or improvement of Indian reservation roads. Funds 
available for each class of Federal lands highways shall be 
available for any kind of transportation project eligible for 
assistance under this title that is within or adjacent to or 
provides access to the areas served by the particular class of 
Federal lands highways. The Secretary of Interior may reserve 
funds from the Bureau of Indian Affairs' administrative funds 
associated with the Indian reservation roads program to finance 
the Indian technical centers authorized under section 326.
         *        *        *        *        *        *        *     
  (e) Construction of each project shall be performed by 
contract awarded by competitive bidding, unless the Secretary 
or the [Secretary of the Interior] Secretary of the appropriate 
Federal land managing agency shall affirmatively find that, 
under the circumstances relating to such project, some other 
method is in the public interest. Notwithstanding the 
foregoing, the provisions of section 23 of the ``Buy Indian'' 
Act of June 25, 1910 (36 Stat. 891), and the provisions of 
section 7(b) of the Indian Self-Determination and Education 
Assistance Act (88 Stat. 2205) shall apply to all funds 
administered by the Secretary of the Interior which are 
appropriated for the construction and improvement of Indian 
reservation roads.
         *        *        *        *        *        *        *     
  [(i) Transfers to Secretary of the Interior.--The Secretary 
shall transfer to the Secretary of the Interior from the 
appropriation for public land highways amounts as may be needed 
to cover necessary administrative costs of the Bureau of Land 
Management in connection with public lands highways.]
  (i) Transfers to Secretaries of Federal Land Managing 
Agencies.--The Secretary shall transfer to the appropriate 
Federal land managing agency from the appropriation for public 
lands highways such amounts as may be needed to cover--
          (1) necessary administrative costs of such agency in 
        connection with public lands highways; and
          (2) the cost to such agency of conducting necessary 
        transportation planning serving Federal lands if 
        funding for such planning is otherwise not provided in 
        this section.
         *        *        *        *        *        *        *     

Sec. 206. Recreational trails program

  (a) In General.--The Secretary, in consultation with the 
Secretary of the Interior and the Secretary of Agriculture, 
shall administer a national program for the purposes of 
providing and maintaining recreational trails.
  (b) Statement of Intent.--Funds made available to carry out 
the recreational trails program under this section are to be 
derived from revenues collected through motor fuel taxes from 
nonhighway users and are to be used on trails and trail-related 
projects which have been planned and developed under the 
otherwise existing laws, policies, and administrative 
procedures within each State, and which are identified in, or 
which further a specific goal of, a trail plan included or 
referenced in a statewide comprehensive outdoor recreation plan 
required by the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-4 et seq.).
  (c) State Eligibility.--A State shall be eligible to obligate 
funds apportioned to it under section 104(h) only if--
          (1) the Governor of the State has designated the 
        State agency or agencies that will be responsible for 
        administering funds received under this section; and
          (2) a recreational trail advisory committee on which 
        both motorized and nonmotorized recreational trail 
        users are fairly represented exists within the State.
  (d) Federal Share Payable.--
          (1) In general.--Except as provided in paragraphs 
        (2), (3), (4), and (5), the Federal share payable on 
        account of a project under this section shall not 
        exceed 50 percent.
          (2) Federal agency project sponsor.--Notwithstanding 
        any other provision of law, a Federal agency sponsoring 
        a project under this section may contribute additional 
        Federal funds toward a project's cost if the share 
        attributable to the Secretary does not exceed 50 
        percent and the share attributable to the Secretary and 
        the Federal agency jointly does not exceed 80 percent.
          (3) Allowable match from federal programs.--The 
        following Federal programs may be used to contribute 
        additional Federal funds toward a project's cost and 
        may be accounted for as contributing to the non-Federal 
        share:
                  (A) State and Local Fiscal Assistance Act of 
                1972 (Public Law 92-512).
                  (B) HUD Community Development Block Grants 
                (Public Law 93-383).
                  (C) Public Works Employment Act of 1976 
                (Public Law 94-369).
                  (D) Acts establishing national heritage 
                corridors and areas.
                  (E) Job Training Partnership Act of 1982 
                (Public Law 97-300).
                  (F) National and Community Service Trust Act 
                of 1993 (Public Law 103-82).
                  (G) Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (Public 
                Law 104-93).
          (4) Programmatic non-federal share.--A State may 
        allow adjustments of the non-Federal share of 
        individual projects in a fiscal year if the total 
        Federal share payable for all projects within the State 
        carried out under this section with funds apportioned 
        to the State under section 104(h) for such fiscal year 
        does not exceed 50 percent. For purposes of this 
        paragraph, a project funded under paragraph (2) or (3) 
        of this subsection may not be included in the 
        calculation of the programmatic non-Federal share.
          (5) State administrative costs.--The Federal share 
        payable on account of the administrative costs of a 
        State under subsection (e)(1)(A) shall be determined in 
        accordance with section 120(b).
  (e) Use of Funds.--
          (1) Permissible uses.--A State may use funds 
        apportioned to it under section 104(h)--
                  (A) in an amount not exceeding 7 percent of 
                such funds, for administrative costs of the 
                State;
                  (B) in an amount not exceeding 5 percent of 
                such funds, for operation of environmental 
                protection education and safety education 
                programs relating to the use of recreational 
                trails;
                  (C) for development and rehabilitation of 
                urban trail linkages to provide connections to 
                and among neighborhoods and community centers 
                and between trails;
                  (D) for maintenance of existing recreational 
                trails, including the grooming and maintenance 
                of trails across snow;
                  (E) for restoration of areas damaged by usage 
                of recreational trails, including back country 
                terrain;
                  (F) for development and rehabilitation of 
                trail-side and trail-head facilities that meet 
                goals identified by the National Recreational 
                Trails Advisory Committee;
                  (G) for provision of features which 
                facilitate the access and use of trails by 
                persons with disabilities;
                  (H) for acquisition of easements for trails, 
                or for trail corridors identified in a State 
                trail plan;
                  (I) for acquisition of fee simple title to 
                property from a willing seller, when the 
                objective of the acquisition cannot be 
                accomplished by acquisition of an easement or 
                by other means;
                  (J) for construction of new trails on State, 
                county, municipal, or private lands, where a 
                recreational need for such construction is 
                shown; and
                  (K) only as otherwise permissible and where 
                necessary and required by a statewide 
                comprehensive outdoor recreation plan, for 
                construction of new trails crossing Federal 
                lands if such construction is approved by the 
                administering agency of the State and the 
                Federal agency or agencies charged with 
                management of all impacted lands and if such 
                approval is contingent upon compliance by the 
                Federal agency with all applicable laws, 
                including the National Environmental Policy Act 
                (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 (43 U.S.C. 1701 
                et seq.).
          (2) Use not permitted.--A State may not use funds 
        apportioned to it under section 104(h)--
                  (A) for condemnation of any kind of interest 
                in property;
                  (B)(i) for construction of any recreational 
                trail on National Forest System lands for 
                motorized uses unless--
                          (I) such lands have been allocated 
                        for uses other than wilderness by an 
                        approved forest land and resource 
                        management plan or have been released 
                        to uses other than wilderness by an Act 
                        of Congress, and
                          (II) such construction is otherwise 
                        consistent with the management 
                        direction in such approved land and 
                        resource management plan; or
                  (ii) for construction of any recreational 
                trail on Bureau of Land Management lands for 
                motorized uses unless--
                          (I) such lands have been allocated 
                        for uses other than wilderness by an 
                        approved Bureau of Land Management 
                        resource management plan or have been 
                        released to uses other than wilderness 
                        by an Act of Congress, and
                          (II) such construction is otherwise 
                        consistent with the management 
                        direction in such approved management 
                        plans; or
                  (C) for upgrading, expanding, or otherwise 
                facilitating motorized use or access to trails 
                predominantly used by non-motorized trail users 
                and on which, as of May 1, 1991, motorized use 
                is either prohibited or has not occurred.
          (3) Grants.--
                  (A) In general.--A State may provide funds 
                apportioned to it under section 104(h) to make 
                grants to private individuals, organizations, 
                municipal, county, State, and Federal 
                government entities, and other government 
                entities as approved by the State after 
                considering guidance from the recreational 
                trail advisory committee satisfying the 
                requirements of 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 comply with the 
                specified conditions for the use of grant 
                moneys.
          (4) Assured access to funds.--Except as provided 
        under paragraph (7), not less than 30 percent of the 
        funds apportioned to a State in a fiscal year under 
        section 104(h) shall be reserved for uses relating to 
        motorized recreation, and not less than 30 percent of 
        such funds shall be reserved for uses relating to non-
        motorized recreation.
          (5) Environmental mitigation.--
                  (A) Requirement.--To the extent practicable 
                and consistent with other requirements of this 
                section, in complying with paragraph (4), a 
                State should give consideration to project 
                proposals that provide for the redesign, 
                reconstruction, nonroutine maintenance, or 
                relocation of trails in order to mitigate and 
                minimize the impact to the natural environment.
                  (B) Guidance.--A recreational trail advisory 
                committee satisfying the requirements of 
                subsection (c)(2) shall issue guidance to a 
                State for the purposes of implementing 
                subparagraph (A).
          (6) Diversified trail use.--
                  (A) Requirement.--To the extent practicable 
                and consistent with other requirements of this 
                section, a State shall expend funds apportioned 
                to it under section 104(h) in a manner that 
                gives preference to project proposals which--
                          (i) provide for the greatest number 
                        of compatible recreational purposes, 
                        including those described in subsection 
                        (g)(3); or
                          (ii) provide for innovative 
                        recreational trail corridor sharing to 
                        accommodate motorized and non-motorized 
                        recreational trail use.
                This paragraph shall remain effective with 
                respect to a State until such time as the State 
                has allocated not less than 40 percent of funds 
                apportioned to it under section 104(h) in such 
                manner.
                  (B) Compliance.--The State shall receive 
                guidance for determining compliance with 
                subparagraph (A) from the recreational trail 
                advisory committee satisfying the requirements 
                of subsection (c)(2).
          (7) Exemptions.--
                  (A) Small state.--Any State with a total land 
                area of less than 3,500,000 acres and in which 
                nonhighway recreational fuel use accounts for 
                less than 1 percent of all such fuel use in the 
                United States shall be exempted from the 
                requirements of paragraph (4) upon application 
                to the Secretary by the State demonstrating 
                that it meets the conditions of this paragraph.
                  (B) State recreational trail advisory 
                committee.--If approved by the State 
                recreational trail advisory committee 
                satisfying the requirements of subsection 
                (c)(2), the State may be exempted from the 
                requirements of paragraph (4).
          (8) Continuing recreational use.--At the option of 
        each State, funds apportioned to it under section 
        104(h) may be treated as Land and Water Conservation 
        Fund moneys for the purposes of section 6(f)(3) of the 
        Land and Water Conservation Fund Act.
          (9) Credit for donations of funds, materials, 
        services, or new right-of-way.--Nothing in this title 
        or any other law shall prevent a project sponsor from 
        offering to donate funds, materials, services, or new 
        right-of-way for the purposes of a project eligible for 
        assistance. Any funds, or the fair market value of any 
        materials, services, or new right-of-way may be donated 
        by any project sponsor and shall be credited to the 
        non-Federal share in accordance with subsection (d). 
        Any funds or the fair market value of any materials or 
        services may be provided by a Federal project sponsor 
        and shall be credited as part of that Federal agency's 
        share under subsection (d)(2).
          (10) Recreational purpose.--A project funded under 
        this section is intended to enhance recreational 
        opportunity and is not subject to the provisions of 
        section 303 of title 49 or section 138 of this title.
  (f) Coordination of Activities.--
          (1) Cooperation by federal agencies.--Each agency of 
        the United States that manages land on which a State 
        proposes to construct or maintain a recreational trail 
        pursuant to this section is encouraged to cooperate 
        with the State and the Secretary in planning and 
        carrying out the activities described in subsection 
        (e). Nothing in this section diminishes or in any way 
        alters the land management responsibilities, plans, and 
        policies established by such agencies pursuant to other 
        applicable laws.
          (2) Cooperation by private persons.--
                  (A) Written assurances.--As a condition to 
                making available funds for work on recreational 
                trails that would affect privately owned land, 
                a State shall obtain written assurances that 
                the owner of the property will cooperate with 
                the State and participate as necessary in the 
                activities to be conducted.
                  (B) Public access.--Any use of funds 
                apportioned to a State under section 104(h) on 
                private lands must be accompanied by an 
                easement or other legally binding agreement 
                that ensures public access to the recreational 
                trail improvements funded by those funds.
  (g) Applicability of Chapter 1.--Funds made available to 
carry out this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1; 
except that the Federal share payable for a project using such 
funds shall be determined in accordance with this section and 
such funds shall remain available until expended.
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible state.--The term ``eligible State'' 
        means a State that meets the requirements of subsection 
        (c).
          (2) Nonhighway recreational fuel.--The term 
        ``nonhighway recreational fuel'' has the meaning such 
        term has under section 9503(c)(6) of the Internal 
        Revenue Code of 1986.
          (3) Recreational trail.--The term ``recreational 
        trail'' means a thoroughfare or track across land or 
        snow, used for recreational purposes such as bicycling, 
        cross-country skiing, day hiking, equestrian activities 
        (including carriage driving), jogging or similar 
        fitness activities, skating or skateboarding, trail 
        biking, overnight or long-distance backpacking, 
        snowmobiling, aquatic or water activity, or vehicular 
        travel by motorcycle, four-wheel drive or all-terrain 
        off-road vehicles, without regard to whether it is a 
        ``National Recreation Trail'' designated under section 
        4 of the National Trails System Act (16 U.S.C. 1243).
          (4) Motorized recreation.--The term ``motorized 
        recreation'' means off-road recreation using any motor-
        powered vehicle, except for motorized wheelchairs.
         *        *        *        *        *        *        *     

Sec. 217. Bicycle transportation and pedestrian walkways

  (a) * * *
  (b) Use of National Highway System Funds.--Subject to project 
approval by the Secretary, a State may obligate funds 
apportioned to it under section 104(b)(1) of this title for 
construction of pedestrian walkways and bicycle transportation 
facilities on land adjacent to any highway on the National 
Highway System [(other than the Interstate System)].
         *        *        *        *        *        *        *     
  (e) Bridges.--In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation 
is located on a highway[, other than a highway access to which 
is fully controlled,] on which bicycles are permitted to 
operate at each end of such bridge, and the Secretary 
determines that the safe accommodation of bicycles can be 
provided at reasonable cost as part of such replacement or 
rehabilitation, then such bridge shall be so replaced or 
rehabilitated as to provide such safe accommodations.
         *        *        *        *        *        *        *     
  [(g) Planning.--Pedestrian walkways and bicycle 
transportation facilities to be constructed under this section 
shall be located and designed pursuant to an overall plan to be 
developed by each metropolitan planning organization and State 
and incorporated into their comprehensive annual long-range 
plans in accordance with sections 134 and 135 of this title, 
respectively. Such plans shall provide due consideration for 
safety and contiguous routes.]
  (g) Planning and Design.--Bicyclists and pedestrians shall be 
given due consideration in the comprehensive transportation 
plans developed by each metropolitan planning organization and 
State in accordance with sections 134 and 135, respectively. 
Bicycle transportation facilities and pedestrian walkways shall 
be considered, where appropriate, in conjunction with all new 
construction and reconstruction of transportation facilities, 
except where bicycle and pedestrian use are not permitted. 
Transportation plans and projects shall provide due 
consideration for safety and contiguous routes. Safety 
considerations shall include the installation and maintenance 
of audible traffic signals and audible signs at street 
crossings.
  (h) Use of Motorized Vehicles.--[No motorized vehicles shall] 
Motorized vehicles may not be permitted on trails and 
pedestrian walkways under this section, except for--
          (1) * * *
         *        *        *        *        *        *        *     
          (3) [when State and local regulations permit,] 
        motorized wheelchairs; [and]
          (4) when State or local regulations permit, electric 
        bicycles; and
          [(4)] (5) such other circumstances as the Secretary 
        deems appropriate.
         *        *        *        *        *        *        *     
  [(i) Transportation Purpose.--No bicycle project may be 
carried out under this section unless the Secretary has 
determined that such bicycle project will be principally for 
transportation, rather than recreation, purposes.
  [(j) Bicycle Transportation Facility Defined.--For purposes 
of this section, a ``bicycle transportation facility'' means 
new or improved lanes, paths, or shoulders for use by 
bicyclists, traffic control devices, shelters, and parking 
facilities for bicycles.]
  (i) Definitions.--In this section, the following definitions 
apply:
          (1) Bicycle transportation facility.--The term 
        ``bicycle transportation facility'' means new or 
        improved lanes, paths, or shoulders for use by 
        bicyclists, traffic control devices, shelters, and 
        parking facilities for bicycles.
          (2) 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 powered.
         *        *        *        *        *        *        *     

                     Chapter 3.--GENERAL PROVISIONS

Sec.

301. Freedom from tolls.
         *        *        *        *        *        *        *     
[307. Research and planning.]
307. Research.
         *        *        *        *        *        *        *     
313. State planning and research.
         *        *        *        *        *        *        *     
322. National technology deployment initiative.
         *        *        *        *        *        *        *     
[326. Education and training program.]
326. Education and training programs.
         *        *        *        *        *        *        *     

Sec. 302. State highway department

  [(a)] Any State desiring to avail itself of the provisions of 
this title shall have a State highway department which shall 
have adequate powers, and be suitably equipped and organized to 
discharge to the satisfaction of the Secretary the duties 
required by this title. Among other things, the organization 
shall include a secondary road unit. In meeting the provisions 
of this subsection, a State may engage to the extent necessary 
or desirable, the services of private engineering firms. 
Compliance with this provision shall have no effect on the 
eligibility of costs.
  [(b) The State highway department may arrange with a county 
or group of counties for competent highway engineering 
personnel suitably organized and equipped to the satisfaction 
of the State highway department, to supervise construction and 
maintenance on a county-unit or group-unit basis, for the 
construction of projects on the Federal-aid secondary system, 
financed with secondary funds, and for the maintenance 
thereof.]
         *        *        *        *        *        *        *     

Sec. 307. Research [and planning]

  (a) Research and Technology Program.--
          (1) Authority of the secretary.--
                  (A) * * *
         *        *        *        *        *        *        *     
                  [(C) Research fellowships.--
                          [(i) General authority.--The 
                        Secretary may, acting either 
                        independently or in cooperation with 
                        other Federal departments, agencies, 
                        and instrumentalities, make grants for 
                        research fellowships for any purpose 
                        for which research is authorized by 
                        this section.
                          [(ii) 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 engineering and 
                        research. Such program shall be known 
                        as the ``Dwight David Eisenhower 
                        Transportation Fellowship Program''. Of 
                        the funds made available pursuant to 
                        paragraph (3) for each fiscal year 
                        beginning after September 30, 1991, the 
                        Secretary shall expend not less than 
                        $2,000,000 per fiscal year to carry out 
                        such program.]
         *        *        *        *        *        *        *     
          [(3) Funds.--
                  [(A) In general.--The funds necessary to 
                carry out this subsection and subsections (b), 
                (d), and (e) shall be taken by the Secretary 
                out of administrative funds deducted pursuant 
                to section 104(a) of this title and such funds 
                as may be deposited by any cooperating 
                organization or person in a special account of 
                the Treasury of the United States established 
                for such purposes.
                  [(B) Minimum expenditures on long-term 
                research projects.--Not less than 15 percent of 
                the funds made available under this paragraph 
                shall be expended on long-term research 
                projects which are unlikely to be completed 
                within 10 years.]
          (3) Amounts deposited by cooperating organizations 
        and persons.--There shall be available to the Secretary 
        for carrying out this subsection such funds as may be 
        deposited by any cooperating organization or person in 
        a special account of the Treasury of the United States 
        established for such purpose.
         *        *        *        *        *        *        *     
  (b) Mandatory Contents of Research Program.--
          (1) * * *
          [(2) SHRP results.--
                  [(A) Implementation.--The highway research 
                program under subsection (a) shall include a 
                program to implement results of the strategic 
                highway research program carried out under 
                subsection (d) (including results relating to 
                automatic intrusion alarms for street and 
                highway construction work zones) and to 
                continue the long-term pavement performance 
                tests being carried out under such program.
                  [(B) Minimum funding.--Of amounts deducted 
                under section 104(a) of this title, the 
                Secretary shall expend not less than 
                $12,000,000 in fiscal year 1992, $16,000,000 in 
                fiscal year 1993, and $20,000,000 per fiscal 
                year for each of fiscal years 1994, 1995, 1996, 
                and 1997 to carry out this paragraph.]
          (2) Long-term pavement performance.--
                  (A) In general.--As part of the highway 
                research program under subsection (a), the 
                Secretary shall carry out a long-term pavement 
                performance program to continue to completion 
                the long-term pavement performance tests 
                initiated under the strategic highway research 
                program.
                  (B) Grants, cooperative agreements, and 
                contracts.--In carrying out subparagraph (A), 
                the Secretary shall make grants and enter into 
                cooperative agreements and contracts for the 
                following purposes:
                          (i) To continue the monitoring, 
                        material-testing, and evaluation of the 
                        highway test sections established under 
                        the long-term pavement performance 
                        program.
                          (ii) To carry out analyses of the 
                        data collected under the program.
                          (iii) To prepare the products 
                        required to fulfill the original 
                        objectives of the program and to meet 
                        future pavement technology needs.
         *        *        *        *        *        *        *     
          [(4) Short haul passenger transportation systems.--
        The Secretary shall conduct necessary systems research 
        in order to develop a concept for a lightweight, 
        pneumatic tire multiple-unit, battery-powered system, 
        in conjunction with recharging stations at strategic 
        locations. The Secretary shall create a potential 
        systems concept and, as part of the surface 
        transportation research and development plan under 
        subsection (b), make recommendations to Congress by 
        January 15, 1993.]
          (4) Advanced research.--
                  (A) In general.--The highway research program 
                under subsection (a) shall include an advanced 
                research program 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 this 
                program, the Secretary shall strive to develop 
                partnerships with the public and private 
                sectors.
                  (B) Research areas.--In carrying out the 
                advanced research program under subparagraph 
                (A), the Secretary may make grants and enter 
                into cooperative agreements and contracts in 
                such areas as the Secretary determines 
                appropriate, including the following:
                          (i) Characterization of materials 
                        used in highway infrastructure, 
                        including analytical techniques, 
                        microstructure modeling, and the 
                        deterioration processes.
                          (ii) Diagnostics for evaluation of 
                        the condition of bridge and pavement 
                        structures to enable assessment of 
                        failure risks.
                          (iii) Design and construction details 
                        for composite structures.
                          (iv) Safety technology based problems 
                        in the areas of pedestrian and bicycle 
                        safety, roadside hazards, and composite 
                        materials for roadside safety hardware.
                          (v) Particulate matter source 
                        apportionment, control strategy 
                        synthesis evaluation, and model 
                        development.
                          (vi) Data acquisition techniques for 
                        system condition and performance 
                        monitoring.
                          (vii) Prediction of the response of 
                        current and future travelers to new 
                        technologies.
          (5) Supporting infrastructure.--The Secretary shall 
        establish a program to strengthen and expand surface 
        transportation infrastructure research and development. 
        The program shall include the following elements:
                  (A) * * *
         *        *        *        *        *        *        *     
                  [(C) The Secretary shall determine whether or 
                not to initiate a construction equipment 
                research and development program directed 
                toward the reduction of costs associated with 
                the construction of highways and mass transit 
                systems. The Secretary shall transmit to 
                Congress a report containing such determination 
                on or before July 1, 1992.]
                  [(D)] (C) The Secretary shall undertake or 
                supervise surface transportation infrastructure 
                research to develop--
                          (i) * * *
         *        *        *        *        *        *        *     
  [(c) State Planning and Research.--
          [(1) General rule.--2 percent of the sums apportioned 
        for each fiscal year beginning after September 30, 
        1991, to any State under sections 104 and 144 of this 
        title and for highway projects under section 103(e)(4) 
        of this title shall be available for expenditure by the 
        State highway department, in consultation with the 
        Secretary, only for the following purposes:
                  [(A) Engineering and economic surveys and 
                investigations.
                  [(B) The planning of future highway programs 
                and local public transportation systems and for 
                planning for the financing thereof, including 
                statewide planning under section 135 of this 
                title.
                  [(C) Development and implementation of 
                management systems under section 303 of this 
                title.
                  [(D) Studies of the economy, safety, and 
                convenience of highway usage and the desirable 
                regulation and equitable taxation thereof.
                  [(E) Research, development, and technology 
                transfer activities necessary in connection 
                with the planning, design, construction, and 
                maintenance of highway, public transportation, 
                and intermodal transportation systems and 
                study, research, and training on engineering 
                standards and construction materials for such 
                systems, including evaluation and accreditation 
                of inspection and testing and the regulation 
                and taxation of their use.
          [(2) Minimum expenditures on research, development, 
        and technology transfer activities.--Not less than 25 
        percent of the funds which are apportioned to a State 
        for a fiscal year and are subject to paragraph (1) 
        shall be expended by the State for research, 
        development, and technology transfer activities 
        described in paragraph (1) relating to highway, public 
        transportation, and intermodal transportation systems 
        unless the State certifies to the Secretary for such 
        fiscal year that total expenditures by the State for 
        transportation planning under sections 134 and 135 will 
        exceed 75 percent of the amount of such funds and the 
        Secretary accepts such certification.
          [(3) Federal share.--The Federal share payable on 
        account of any project financed with funds which are 
        subject to paragraph (1) 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.
          [(4) Administration of sums.--Funds which are subject 
        to paragraph (1) shall be combined and administered by 
        the Secretary as a single fund which shall be available 
        for obligation for the same period as funds apportioned 
        under section 104(b)(1) of this title.
  [(d) Strategic Highway Research Program.--
          [(1) Establishment.--The Secretary, in consultation 
        with the American Association of State Highway and 
        Transportation Officials, shall carry out such 
        research, development, and technology transfer 
        activities as the Secretary determines to 
bestrategically important to the national highway transportation 
system.
          [(2) Cooperative agreements.--The Secretary may make 
        grants to, and enter into cooperative agreements with, 
        the American Association of State Highway and 
        Transportation Officials and the National Academy of 
        Sciences to carry out such activities under this 
        subsection as the Secretary determines are appropriate. 
        Advance payments may be made as necessary to carry out 
        the program under this subsection.
          [(3) Period of availability.--Funds set aside to 
        carry out this subsection shall remain available for 
        the fiscal year in which such funds are made available 
        and the three succeeding fiscal years.
          [(4) Set aside.--As soon as practicable after the 
        date of the enactment of the Federal-Aid Highway Act of 
        1987 in fiscal year 1987 and on October 1 of each of 
        fiscal years 1988, 1989, 1990, and 1991, the Secretary 
        shall set aside to carry out this subsection not to 
        exceed \1/4\ of 1 percent of the funds authorized to be 
        appropriated for such fiscal year for the Federal-aid 
        systems, for highway assistance programs under section 
        103(e)(4) of this title, for bridge replacement and 
        rehabilitation under section 144 of this title, for 
        elimination of hazards under section 152 of this title, 
        and for elimination of hazards of railway-highway 
        crossings under section 130 of this title. In the case 
        of funds authorized for apportionment on the Interstate 
        System, the Secretary shall set aside that portion of 
        such funds (subject to the overall limitation of \1/4\ 
        of 1 percent) in the year next preceding the fiscal 
        year for which such funds are authorized for such 
        System.
          [(5) Annual report.--The Secretary shall transmit a 
        report annually beginning on January 1, 1988, to the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure 
        of the House of Representatives which provides 
        information on the progress and research findings the 
        program conducted under this subsection.
          [(6) Limitation of remedies.--
                  [(A) Same remedy as if united states.--The 
                remedy against the United States provided by 
                sections 1346(b) and 2672 of title 28, United 
                States Code, for injury, loss of property, 
                personal injury, or death shall apply to any 
                claim against the National Academy of Sciences 
                for money damages for injury, loss of property, 
                personal injury, or death caused by any 
                negligent or wrongful act or omission arising 
                from activities conducted under or in 
                connection with this subsection. Any such claim 
                shall be subject to the limitations and 
                exceptions which would be applicable to such 
                claim if such claim were against the United 
                States. With respect to any such claim, the 
                Secretary shall be treated as the head of the 
                appropriate Federal agency for purposes of 
                sections 2672 and 2675 of such title.
                  [(B) Exclusiveness of remedy.--The remedy 
                referred to in subparagraph (A) shall be 
                exclusive of any other civil action or 
                proceeding for the purpose of determining 
                liability arising from any such act or omission 
                without regard to when the act or omission 
                occurred.
                  [(C) Treatment.--Employees of the National 
                Academy of Sciences and other individuals 
                appointed by the President of the National 
                Academy of Sciences and acting on its behalf in 
                connection with activities carried out under 
                this subsection shall be treated as if they are 
                employees of the Federal Government under 
                section 2671 of title 28, United States Code, 
                for purposes of a civil action or proceeding 
                with respect to a claim described in 
                subparagraph (A); and the civil action or 
                proceeding shall proceed in the same manner as 
                any proceeding under chapter 171 of such title, 
                or any proceeding under chapter 171 of such 
                title or action against the United States filed 
                pursuant to section 1346(b) of such title, and 
                shall be subject to the limitations and 
                exceptions applicable to such a proceeding or 
                action.
                  [(D) Removal.--Upon certification by the 
                Attorney General that a civil action or 
                proceeding with respect to a claim described in 
                subparagraph (A) is being brought in a State 
                court, such civil action or proceeding shall be 
                removed from the State court without bond at 
                any time before trial by the Attorney General 
                to the district court of the United States for 
                the district and division embracing the place 
                wherein it is pending and the proceeding shall 
                be deemed a tort action brought against the 
                United States under the provisions of title 28, 
                United States Code. For purposes of removal, 
                the certification of the Attorney General under 
                this subparagraph shall be conclusive.
                  [(E) Sources of payments.--Payment of any 
                award, compromise, or settlement of a civil 
                action or proceeding with respect to a claim 
                described in subparagraph (A) shall be paid 
                first out of insurance maintained by the 
                National Academy of Sciences, second from funds 
                made available to carry out this subsection, 
                and then from sums made available under section 
                1304 of title 31, United States Code. For 
                purposes of such section, such an award, 
                compromise, or settlement shall be deemed to be 
                a judgment, award, or settlement payable under 
                section 2414 or 2672 of title 28, United States 
                Code. The Secretary may establish a reserve of 
                funds made available to carry out this 
                subsection for making payments under this 
                paragraph.
  [(e) Applied Research and Technology Program.--
          [(1) Establishment.--The Secretary shall establish 
        and implement in accordance with this subsection an 
        applied research and technology program for the purpose 
        of accelerating testing, evaluation, and implementation 
        of technologies which are designed to improve the 
        durability, efficiency, environmental impact, 
        productivity, and safety of highway, transit, and 
        intermodal transportation systems.
          [(2) Guidelines.--Not later than 18 months after the 
        date of the enactment of this subsection, the Secretary 
        shall issue guidelines to carry out this subsection. 
        Such guidelines shall include:
                  [(A) Technologies.--Guidelines on the 
                selection of both foreign and domestic 
                technologies to be tested.
                  [(B) Test locations.--Guidelines on the 
                selection of locations at which tests will be 
                conducted. Such guidelines shall ensure that 
                testing is conducted in a range of climatic, 
                traffic, geographic, and environmental 
                conditions, as appropriate for the technology 
                being tested.
                  [(C) Data.--Guidelines for the scientific 
                collection, evaluation, and dissemination of 
                appropriate test data.
          [(3) Technologies.--Technologies which may be tested 
        under this subsection include, but are not limited to--
                  [(A) accelerated construction materials and 
                procedures;
                  [(B) environmentally beneficial materials and 
                procedures;
                  [(C) materials and techniques which provide 
                enhanced serviceability and longevity under 
                adverse climactic, environmental, and load 
                effects;
                  [(D) technologies which increase the 
                efficiency and productivity of vehicular 
                travel; and
                  [(E) technologies and techniques which 
                enhance the safety and accessibility of 
                vehicular transportation systems.
          [(4) Heated bridge technologies.--
                  [(A) Projects.--As part of the program under 
                this subsection, the Secretary shall carry out 
                projects to assess the state of technology with 
                respect to heating the decks of bridges and the 
                feasibility of, and costs and benefits 
                associated with, heating the decks of bridges. 
                Such projects shall be carried out by 
                installing heating equipment on the decks of 
                bridges which are being replaced or 
                rehabilitated under section 144 of this title.
                  [(B) Minimum number of bridges.--The number 
                of bridges for which heating equipment is 
                installed under this subsection in a fiscal 
                year shall not be less than 10 bridges.
          [(5) Elastomer modified asphalt.--As part of the 
        program under this subsection, the Secretary shall 
        carry out a project in the State of New Jersey to 
        demonstrate the environmental and safety benefits of 
        elastomer modified asphalt.
          [(6) High performance blended hydraulic cement.--As 
        part of the program under this subsection, the 
        Secretary shall carry out a project in the State of 
        Missouri to demonstrate the durability and construction 
        efficiency of high performance blended hydraulic 
        cement.
          [(7) Thin bonded overlay and surface lamination of 
        pavement.--As part of the program under this 
        subsection, the Secretary shall carry out projects to 
        assess the state of technology with respect to thin 
        bonded overlay (including inorganic bonding systems) 
        and surface lamination of pavement, and to assess the 
        feasibility of, and costs and benefits associated with, 
        the repair, rehabilitation, and upgrading of highways 
        and bridges with overlay. Such projects shall be 
        carried out so asto minimize overlay thickness, 
minimize initial laydown costs, minimize time out of service, and 
maximize lifecycle durability.
          [(8) All weather pavement markings.--As part of the 
        program under this subsection, the Secretary shall 
        carry out a program to demonstrate the safety and 
        durability of all weather pavement markings.
          [(9) Testing of highway technologies.--Projects 
        carried out under this subsection to test technologies 
        related to highways shall be carried out on highways on 
        the Federal-aid system.
          [(10) Technical assistance.--The Secretary shall 
        provide technical assistance to States and localities 
        in carrying out projects under this subsection.
          [(11) Annual report.--Not later than 1 year after the 
        date of the enactment of this subsection, and annually 
        thereafter, 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 on 
        the progress and research findings of the program 
        carried out under this subsection.
          [(12) Federal share.--The Federal share of the cost 
        of a project carried out under this subsection shall 
        not exceed 80 percent.
          [(13) Funding.--The Secretary shall expend from 
        administrative and research funds deducted under 
        section 104(a) of this title and funds made available 
        under section 5313(a) of title 49, $35,000,000 for 
        fiscal year 1992 and $41,000,000 per fiscal year for 
        each of fiscal years 1993, 1994, 1995, 1996, and 1997 
        to carry out this subsection. Of such amounts, in each 
        of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, 
        the Secretary shall expend not less than $4,000,000 per 
        fiscal year to carry out projects related to heated 
        bridge technologies under paragraph (4), not less than 
        $2,500,000 per fiscal year to carry out projects 
        related to thin bonded overlay and surface lamination 
        of pavements under paragraph (7), and not less than 
        $2,000,000 per fiscal year to carry out projects 
        related to all weather pavement markings under 
        paragraph (8). Amounts made available under this 
        subsection shall remain available until expended and 
        shall not be subject to any obligation limitation.]
  [(f)] (c) Seismic Research Program.--
          [(1) Establishment.--The Secretary shall establish a 
        program to study the vulnerability of highways, 
        tunnels, and bridges on the Federal-aid system to 
        earthquakes and develop and implement cost-effective 
        methods of retrofitting such highways, tunnels, and 
        bridges to reduce such vulnerability.]
          (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.
         *        *        *        *        *        *        *     
          [(4) Funding.--Of amounts deducted under section 
        104(a) of this title, the Secretary shall expend not 
        more than $2,000,000 per fiscal year in each of fiscal 
        years 1992, 1993, 1994, 1995, 1996, and 1997 to carry 
        out this subsection.
          [(5) Report.--Not later than 2 years after the date 
        of the enactment of this section, the Secretary shall 
        transmit to the Committee on Public Works and 
        Transportation of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        a report on the progress and research findings of the 
        program carried out under this section.]
          (4) Funding.--Of the amounts made available to carry 
        out this section, the Secretary shall expend not more 
        than $2,000,000 for each of fiscal years 1998 through 
        2003 to carry out this subsection, of which up to 
        $2,500,000 may be used to upgrade earthquake simulation 
        facilities as required to carry out the program.
  [(g)] (d) As used in this section the term ``safety'' 
includes, but is not limited to, highway safety systems, 
research, and development relating to vehicle, highway, and 
driver characteristics, accident investigations, 
communications, emergency medical care, and transportation of 
the injured.
  [(h) The Secretary] (e) Biennial Report.--The Secretary shall 
report to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives in January 1983, and in January 
of every second year thereafter, estimates of the future 
highway needs, as well as the backlog of current highway needs, 
of the Nation. The biennial reports required under this 
subsection shall provide the means, including all necessary 
information, to relate and compare the conditions and service 
measures used in different years when such measures are 
changed.
  (f) Recycled Materials Research Program.--
          (1) In general.--The Secretary shall conduct a 
        program of research to determine--
                  (A) the performance of asphalt pavement 
                containing tire-derived carbonous asphalt 
                modifiers under various climate and use 
                conditions; and
                  (B) the degree to which asphalt pavement 
                containing tire-derived carbonous asphalt 
                modifiers can be recycled.
          (2) Date of completion.--The Secretary shall complete 
        the research program under this subsection not later 
        than 3 years after the date of the enactment of the 
        Building Efficient Surface Transportation and Equity 
        Act of 1998.
         *        *        *        *        *        *        *     

Sec. 313. State planning and research

  (a) General Rule.--Two percent of the sums apportioned for 
each fiscal year beginning after September 30, 1997, 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 
        statewide planning under section 135.
          (3) Development and implementation of management 
        systems under section 303.
          (4) Studies of the economy, safety, and convenience 
        of highway usage and the desirable regulation and 
        equitable taxation thereof.
          (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 and study, research, and 
        training on the engineering standards and construction 
        materials for such systems, 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.--Not less than 25 percent of 
the funds which are apportioned to a State for a fiscal year 
and are subject to subsection (a) 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 
unless the State certifies to the Secretary for such fiscal 
year that total expenditures by the State for transportation 
planning under sections 134 and 135 will exceed 75 percent of 
the amount of such funds and the Secretary accepts such 
certification. Funds used for research provided under this 
subsection are not subject to an assessment under the Small 
Business Research and Development Enhancement Act of 1992 
(Public Law 102-564).
  (c) Federal Share.--The Federal share payable on account of 
any project financed with funds which are 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 which are subject to 
subsection (a) shall be combined and administered by the 
Secretary as a single fund which shall be available for 
obligation for the same period as funds apportioned under 
section 104(b)(1).
         *        *        *        *        *        *        *     

Sec. 321. National Highway Institute

  (a) * * *
         *        *        *        *        *        *        *     
  [(f) Funds.--The funds required to carry out this section may 
be from the sums deducted for administration purposes under 
section 104(a). The sums provided pursuant to this subsection 
may be combined or held separate from the fees or memberships 
collected under subsection (e) and may be administered by the 
Secretary as a fund which shall be available until expended.]
  [(g)] (f) Contracts.--The provisions of section 3709 of the 
Revised Statutes (41 U.S.C. 5) shall not be applicable to 
contracts or agreements made under the authority of this 
section.

Sec. 322. National technology deployment initiative

  (a) In General.--The Secretary shall develop and implement a 
national technology deployment initiative to expand adoption by 
the surface transportation community of innovative technologies 
to improve the safety, efficiency, reliability, service life, 
and sustainability of transportation systems and to reduce 
environmental impact.
  (b) Integration With Other Programs.--The Secretary shall 
integrate activities undertaken pursuant to this section with 
the efforts of the Department to disseminate the results of 
research sponsored by the Department and to facilitate 
technology transfer.
  (c) Leveraging of Federal Resources.--In selecting projects 
to be carried out under this section, the Secretary shall give 
preference to projects that leverage Federal funds with other 
significant public or private resources.
  (d) Grants, Contracts, and Cooperative Agreements.--The 
Secretary may carry out this section either independently or in 
cooperation with other Federal departments, agencies, and 
instrumentalities or by making grants to, or entering into 
contracts, cooperative agreements, or other transactions with 
any State or local agency, authority, association, institution, 
corporation (for-profit or nonprofit), organization, or person.
         *        *        *        *        *        *        *     

Sec. 325. International highway transportation outreach program

  (a) Activities.--The Secretary is authorized to engage in 
activities to inform the domestic highway community of 
technological innovations abroad that could significantly 
improve highway transportation in the United States, to promote 
United States highway transportation expertise, goods, and 
services internationally, and to increase transfers of United 
States highway transportation technology to foreign countries. 
Such activities may include--
          (1) * * *
         *        *        *        *        *        *        *     
          (4) offering those Federal Highway Administration 
        technical services which cannot be readily obtained 
        from the United States private sector to be 
        incorporated into the proposals of United States firms 
        undertaking foreign highway transportation projects if 
        the costs for assistance will be recovered under the 
        terms of each project; [and]
          (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 the date of 
        the enactment of this section, and in Greece and 
        Turkey[.]; and
          (6) gathering and disseminating information on 
        foreign transportation markets and industries.
         *        *        *        *        *        *        *     
  [(c) Funds.--The funds available to carry out the provisions 
of this section shall include funds deposited in a special 
account with the Secretary of the Treasury for such purposes by 
any cooperating organization or person. The funds shall be 
available for promotional materials, travel, reception and 
representation expenses necessary to carry out the activities 
authorized by this section. Reimbursements for services 
provided under this section shall be credited to the 
appropriation concerned.]
  (c) Funds.--Funds available to carry out this section shall 
include funds deposited by any cooperating organization or 
person in a special account for such purpose with the Secretary 
of the Treasury. The funds deposited in the special account and 
other funds available to carry out this section shall be 
available to cover the cost of any activity eligible under this 
section, including the cost of promotional materials, travel, 
reception and representation expenses, and salaries and 
benefits. Reimbursements for salaries and benefits of 
Department of Transportation employees providing services under 
this section shall be credited to the special account.
  (d) Eligible Use of State Planning and Research Funds.--A 
State, in coordination with the Secretary, may obligate funds 
made available to carry out section 313 for any activity 
authorized under subsection (a).

Sec. 326. Education and training [program] programs

  (a) [Authority] Local Technical Assistance Program.--The 
Secretary is authorized to carry out a [transportation 
assistance program] local technical assistance program that 
will provide highway and transportation agencies in (1) 
urbanized areas of 50,000 to 1,000,000 population, and (2) 
rural areas, access to modern highway technology.
  (b) Research Fellowships.--
          (1) General authority.--The Secretary may, acting 
        either independently or in cooperation with other 
        Federal departments, agencies, and instrumentalities, 
        make grants for research fellowships for any purpose 
        for which research is authorized by this section.
          (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. Such program shall be known as the 
        ``Dwight David Eisenhower Transportation Fellowship 
        Program''.
  [(b)] (c) Grants and Contracts.--The Secretary may make 
grants and enter into contracts for education and training, 
technical assistance, and related support service that will--
          (1) * * *
         *        *        *        *        *        *        *     
  [(c) Funds.--The funds required to carry out the provisions 
of this section shall be taken out of administrative funds 
deducted under section 104(a). The sum of $6,000,000 per fiscal 
year for each of the fiscal years 1992, 1993, 1994, 1995, 1996, 
and 1997 shall be set aside from such administrative funds for 
the purpose of providing technical and financial support for 
these centers, including up to 100 percent for services 
provided to American Indian tribal governments.]

                       Chapter 4.--HIGHWAY SAFETY

Sec.

401. Authority of the Secretary.
         *        *        *        *        *        *        *     
405. Occupant protection incentive grants.
         *        *        *        *        *        *        *     
411. State highway safety data improvements.
         *        *        *        *        *        *        *     

Sec. 402. Highway safety programs

    (a) Each State shall have a highway safety program approved 
by the Secretary, designed to reduce traffic accidents and 
deaths, injuries, and property damage resulting therefrom. Such 
programs shall be in accordance with uniform guidelines 
promulgated by the Secretary. Such uniform guidelines shall be 
expressed in terms of performance criteria. In addition, such 
uniform guidelines shall include programs (1) to reduce 
injuries and deaths resulting from motor vehicles being driven 
in excess of posted speed limits, (2) to encourage the proper 
use of occupant protection devices (including the use of safety 
belts and child restraint systems) by occupants of motor 
vehicles and to increase public awareness of the benefit of 
motor vehicles equipped with airbags, (3) to reduce deaths and 
injuries resulting from persons driving motor vehicles while 
impaired by alcohol or a controlled substance, [(4)] (4) to 
prevent accidents and to reduce deaths and injuries resulting 
from accidents involving motor vehicles and motorcycles, (5) to 
reduce injuries and deaths resulting from accidents involving 
school buses, and (6) to improve law enforcement services in 
motor vehicle accident prevention, traffic supervision, and 
post-accident procedures. The Secretary shall establish a 
highway safety program for the collection and reporting of data 
on traffic-related deaths and injuries by the States. Under 
such program, the States shall collect and report such data as 
the Secretary may require. The purposes of the program are to 
ensure national uniform data on such deaths and injuries and to 
allow the Secretary to make determinations for use in 
developing programs to reduce such deaths and injuries and 
making recommendations to Congress concerning legislation 
necessary to implement such programs. The program shall 
[include information obtained by the Secretary under section 
4007 of the Intermodal Surface Transportation Efficiency Act of 
1991 and] provide for annual reports to the Secretary on the 
efforts being made by the States in reducing deaths and 
injuries occurring at highway construction sites and the 
effectiveness and results of such efforts. The Secretary shall 
establish minimum reporting criteria for the program. Such 
criteria shall include, but not be limited to, criteria on 
deaths and injuries resulting from police pursuits, school bus 
accidents, and speeding, on traffic-related deaths and injuries 
at highway construction sites and on the configuration of 
commercial motor vehicles involved in motor vehicle accidents. 
Such uniform guidelines shall be promulgated by the Secretary 
so as to improve driver performance (including, but not limited 
to, driver education, driver testing to determine proficiency 
to operate motor vehicles, driver examinations (both physical 
and mental) and driver licensing) and to improve pedestrian 
performance, and bicycle safety. In addition such uniform 
guidelines shall include, but not be limited to provisions for 
an effective record system of accidents (including injuries and 
deaths resulting therefrom), accident investigations to 
determine the probable causes of accidents, injuries, and 
deaths, vehicle registration, operation, and inspection, 
highway design and maintenance (including lighting, markings, 
and surface treatment), traffic control, vehicle codes and 
laws, surveillance of traffic for detection and correction of 
high or potentially high accident locations, and emergency 
services. Such guidelines as are applicable to State highway 
safety programs shall, to the extent determined appropriate by 
the Secretary, be applicable to federally administered areas 
where a Federal department or agency controls the highways or 
supervises traffic operations.
    [(b)(1) The Secretary shall not approve any State highway 
safety program under this section which does not--
          [(A) provide that the Governor of the State shall be 
        responsible for the administration of the program 
        through a State highway safety agency which shall have 
        adequate powers, and be suitably equipped and organized 
        to carry out, to the satisfaction of the Secretary, 
        such program.
          [(B) authorize political subdivisions of such State 
        to carry out local highway safety programs within their 
        jurisdictions as a part of the State highway safety 
        program if such local highway safety programs are 
        approved by the Governor and are in accordance with the 
        uniform guidelines of the Secretary promulgated under 
        this section.
          [(C) provide that at least 40 per centum of all 
        Federal funds apportioned under this section to such 
        State for any fiscal year will be expended by the 
        political subdivisions of such State in carrying out 
        local highway safety programs authorized in accordance 
        with subparagraph (B) of this paragraph.
          [(D) provide adequate and reasonable access for the 
        safe and convenient movement of physically handicapped 
        persons, including those in wheelchairs, across curbs 
        constructed or replaced on or after July 1, 1976, at 
        all pedestrian crosswalks throughout the State.
          [(E) provide for programs (which may include 
        financial incentives and disincentives) to encourage 
        the use of safety belts by drivers of, and passengers 
        in, motor vehicles.
  [(2) The Secretary is authorized to waive the requirement of 
subparagraph (C) of paragraph (1) of this subsection, in whole 
or in part, for a fiscal year for any State whenever he 
determines that there is an insufficient number of local 
highway safety programs to justify the expenditure in such 
State of such percentage of Federal funds during such fiscal 
year.]
  (b) Administration of State Programs.--
          [(3)] (1) Administrative requirements.--The Secretary 
        may not approve a State highway safety program under 
        this section which does not--
                  (A) * * *
         *        *        *        *        *        *        *     
                  (C) except as provided in paragraph [(5)] 
                (3), provide that at least 40 percent of all 
                Federal funds apportionedunder this section to 
the State for any fiscal year will be expended by the political 
subdivisions of the State, including Indian tribal governments, in 
carrying out local highway safety programs authorized in accordance 
with subparagraph (B); and
         *        *        *        *        *        *        *     
          [(4)] (2) Waiver.--The Secretary may waive the 
        requirement of paragraph [(3)(C)] (1)(C), in whole or 
        in part, for a fiscal year for any State whenever the 
        Secretary determines that there is an insufficient 
        number of local highway safety programs to justify the 
        expenditure in the State of such percentage of Federal 
        funds during the fiscal year.
          [(5)] (3) Use of technology for traffic 
        enforcement.--The Secretary may encourage States to use 
        technologically advanced traffic enforcement devices 
        (including the use of automatic speed detection devices 
        such as photo-radar) by law enforcement officers.
  (c) Funds authorized to be appropriated to carry out this 
section shall be used to aid the States to conduct the highway 
safety programs approved in accordance with subsection (a), 
including development and implementation of manpower training 
programs, and of demonstration programs that the Secretary 
determines will contribute directly to the reduction of 
accidents, and deaths and injuries resulting therefrom. Such 
funds shall be subject to a deduction not to exceed 5 per 
centum for the necessary costs of administering the provisions 
of this section, and the remainder shall be apportioned among 
the several States. Such funds shall be apportioned 75 per 
centum in the ratio which the population of each State bears to 
the total population of all the States, as shown by the latest 
available Federal census, and 25 per centum in the ratio which 
the public road mileage in each State bears to the total public 
road mileage in all States. For the purposes of this 
subsection, a ``public road'' means any road under the 
jurisdiction of and maintained by a public authority and open 
to public travel. Public road mileage as used in this 
subsection shall be determined as of the end of the calendar 
year preceding the year in which the funds are apportioned and 
shall be certified to by the Governor of the State and subject 
to approval by the Secretary. The annual apportionment to each 
State shall not be less than one-half of 1 per centum of the 
total apportionment, except that the apportionment to the 
Secretary of the Interior shall not be less than three-fourths 
of 1 percent of the total apportionment and the apportionments 
to the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall not be less 
than one-quarter of 1 per centum of the total apportionment. 
The Secretary shall not apportion any funds under the 
subsection to any State which is not implementing a highway 
safety program approved by the Secretary in accordance with 
this section. For the purpose of the seventh sentence of this 
subsection, a highway safety program approved by the Secretary 
shall not include any requirement that a State implement such a 
program by adopting or enforcing any law, rule, or regulation 
based on a guideline promulgated by the Secretary under this 
section requiring any motorcycle operator eighteen years of age 
or older or passenger eighteen years of age or older to wear a 
safety helmet when operating or riding a motorcycle on the 
streets and highways of that State. Implementation of a highway 
safety program under this section shall not be construed to 
require the Secretary to require compliance with every uniform 
guideline, or with every element of every uniform guideline, in 
every State. Funds apportioned under this section to any State, 
that does not have a highway safety program approved by the 
Secretary or that is not implementing an approved program, 
shall be reduced by amounts equal to not less than 50 per 
centum of the amounts that would otherwise be apportioned to 
the State under this section, until such time as the Secretary 
approved such program or determines that the State is 
implementing an approved program, as appropriate. The Secretary 
shall consider the gravity of the State's failure to have or 
implement an approved program in determining the amount of the 
reduction. The Secretary shall promptly apportion to the State 
the funds withheld from its apportionment if he approves the 
State's highway safety program or determines that the State has 
begun implementing an approved program, as appropriate, prior 
to the end of the fiscal year for which the funds were 
withheld. If the Secretary determines that the State did not 
correct its failure within such period, the Secretary shall 
reapportion the withheld funds to the other States in 
accordance with the formula specified in this subsection not 
later than 30 days after such determination.
         *        *        *        *        *        *        *     
  [(i) For the purpose of the application of this section on 
Indian reservations, ``State'' and ``Governor of a State'' 
includes the Secretary of the Interior and ``political 
subdivision of a State'' includes an Indian tribe: Provided, 
That, notwithstanding the provisions of subparagraph (C) of 
subsection (b)(1) hereof, 95 per centum of the funds 
apportioned to the Secretary of the Interior after date of 
enactment, shall be expended by Indian tribes to carry out 
highway safety programs within their jurisdictions: And 
provided further, That the provisions of subparagraph (E) of 
subsection (b)(1) hereof shall be applicable except in those 
tribal jurisdictions in which the Secretary determines such 
programs would not be practicable.
  [(j) Rulemaking Process.--The Secretary shall, not later than 
September 1, 1987, begin a rulemaking process to determine 
those programs most effective in reducing accidents, injuries, 
and deaths. Not later than April 1, 1988, the Secretary shall 
promulgate a final rule establishing those programs determined 
to be most effective in reducing accidents, injuries, and 
deaths. If such rule is promulgated by April 1, 1988, then it 
shall take effect October 1, 1988. If such rule is not 
promulgated by April 1, 1988, it shall take effect October 1, 
1989. After a rule is promulgated in accordance with this 
subsection, the Secretary may from time to time thereafter 
revise such rule under a rulemaking process described in the 
first sentence of this subsection. Any rule under this 
subsection shall be promulgated taking into account 
consideration of the States having a major role in establishing 
programs described in the first sentence of this subsection. 
When a rule promulgated in accordance with this subsection 
takes effect, only those programs established by such rule as 
most effective in reducing accidents, injuries, and deaths 
shall be eligible to receive Federal financial assistance under 
this section.]
  (i) Application in Indian Country.--
          (1) In general.--For the purpose of application of 
        this section in Indian country, the terms ``State'' and 
        ``Governor of a State'' include the Secretary of the 
        Interior and the term ``political subdivision of a 
        State'' includes an Indian tribe. Notwithstanding 
        subsection (b)(1)(C), 95 percent of the funds 
        apportioned to the Secretary of the Interior under this 
        section shall be expended by Indian tribes to carry out 
        highway safety programs within their jurisdictions. The 
        requirements of subsection (b)(1)(D) shall be 
        applicable to Indian tribes, except to those tribes 
        with respect to which the Secretary of Transportation 
        determines that application of such provisions would 
        not be practicable.
          (2) 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.
  (j) Rulemaking Proceeding.--The Secretary may from time to 
time conduct a rulemaking process to identify highway safety 
programs that are highly effective in reducing motor vehicle 
crashes, injuries, and deaths. Any such rulemaking shall take 
into account the major role of the States in implementing such 
programs. When a rule promulgated in accordance with this 
section takes effect, States shall consider these highly 
effective programs when developing their highway safety 
programs.
         *        *        *        *        *        *        *     

Sec. 403. Highway safety research and development

  (a) Authority of the Secretary.--
          (1) In general.--The Secretary is authorized to use 
        funds appropriated to carry out this section to engage 
        in research on all phases of highway safety and traffic 
        conditions.
          (2) Additional authority.--In addition, the Secretary 
        may use the funds appropriated to carry out this 
        section, either independently or in cooperation with 
        other Federal departments or agencies, for--
                  (A) training or education of highway safety 
                personnel, including training in work zone 
                safety management,
         *        *        *        *        *        *        *     

Sec. 405. Occupant protection incentive grants

  (a) General Authority.--
          (1) Authority to make grants.--Subject to the 
        provisions of this section, the Secretary shall make 
        grants under subsections (b) and (c) 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 subsection (b) or (c) 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 Building Efficient 
        Surface Transportation and Equity Act of 1998.
          (3) Maximum period of eligibility; federal share for 
        grants.--No State may receive grants under subsection 
        (b) or (c) in more than 6 fiscal years beginning after 
        September 30, 1997. The Federal share payable for any 
        grant under this section shall not exceed--
                  (A) in the first and second fiscal years in 
                which the State receives the grant, 75 percent 
                of the cost of implementing and enforcing, as 
                appropriate, in such fiscal year a program 
                adopted by the State;
                  (B) in the third and fourth fiscal years in 
                which the State receives the grant, 50 percent 
                of the cost of implementing and enforcing, as 
                appropriate, in such fiscal year such program; 
                and
                  (C) in the fifth and sixth fiscal years in 
                which the State receives the grant, 25 percent 
                of the cost of implementing and enforcing, as 
                appropriate, in such fiscal year such program.
  (b) Grant A.--A State may establish its eligibility for a 
grant under this subsection by adopting or demonstrating to the 
satisfaction of the Secretary at least 5 of the following and, 
beginning in fiscal year 2001, at least 6 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 2000, 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 its safety belt use law.
          (3) Minimum fine or penalty points.--The State 
        imposes a minimum fine, or provides for the imposition 
        of penalty points against an individual's driver's 
        license, for a violation of its safety belt use law.
          (4) Child safety seat law.--The State has in effect a 
        child passenger protection law that makes unlawful 
        throughout the State the operation of a passenger motor 
        vehicle whenever a child up to 4 years of age in the 
        vehicle is not properly secured in a child safety seat.
          (5) Special traffic enforcement program.--The State 
        has implemented a statewide special traffic enforcement 
        program for occupant protection that emphasizes 
        publicity for the program.
          (6) Child occupant protection education program.--The 
        State has implemented a statewide comprehensive child 
        occupant protection education program that includes 
        education about proper seating positions for children 
        in air bag equipped motor vehicles and instruction on 
        how to reduce the improper use of child restraints 
        systems.
          (7) Child passenger protection law.--The State has in 
        effect a child passenger protection law that makes 
        unlawful throughout the State the operation of a 
        passenger motor vehicle whenever a child up to 10 years 
        of age (and, beginning in fiscal year 2003, a child up 
        to 16 years of age) in the vehicle is not properly 
        restrained.
  (c) Grant B.--A State may establish its eligibility for a 
grant under this subsection by adopting or demonstrating to the 
satisfaction of the Secretary each of the following:
          (1) State safety belt use rate.--The State 
        demonstrates a statewide safety belt use rate in both 
        front outboard seating positions in all passenger motor 
        vehicles of 80 percent or higher in each of the years a 
        grant under this subparagraph is received.
          (2) Survey method.--The State follows safety belt use 
        survey methods which conform to guidelines issued by 
        the Secretary ensuring that such measurements are 
        accurate and representative.
  (d) Grant Amounts.--The amount of each grant for which a 
State qualifies under subsection (b) or (c) for a fiscal year 
shall equal up to 30 percent of the amount apportioned to the 
State for fiscal year 1997 under section 402 of this title.
  (e) Definitions.--In this subsection, 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.
  (f) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  (g) Applicability of Chapter 1.--
          (1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title 
        that are applicable to National Highway System funds, 
        other than provisions relating to the apportionment 
        formula and provisions limiting the expenditure of such 
        funds to Federal-aid highways, shall apply to the funds 
        authorized to be appropriated to carry out this 
        section.
          (2) Inconsistent provisions.--If the Secretary 
        determines that a provision of chapter 1 of this title 
        is inconsistent with this section, such provision shall 
        not apply to funds authorized to be appropriated to 
        carry out this section.
          (3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal 
        year by a State and its political subdivisions 
        (exclusive of Federal funds) for carrying out the State 
        highway safety program under section 402 (other than 
        planning and administration) shall be available for the 
        purpose of crediting such State during such fiscal year 
        for the non-Federal share of the cost of any project 
        under this section (other than one for planning or 
        administration) without regard to whether such 
        expenditures were actually made in connection with such 
        project.
          (4) Increased federal share for certain indian tribe 
        programs.--In the case of an occupant protection 
        program carried out by an Indian tribe, if the 
        Secretary is satisfied that an Indian tribe does not 
        have sufficient funds available to meet the non-Federal 
        share of the cost of such program, the Secretary may 
        increase the Federal share of the cost thereof payable 
        under this title to the extent necessary.
          (5) Treatment of term ``state highway department''.--
        In applying provisions of chapter 1 in carrying out 
        this section, the term ``State highway department'' as 
        used in such provisions shall mean the Governor of a 
        State and, in the case of an Indian tribe program, the 
        Secretary of the Interior.
         *        *        *        *        *        *        *     

[Sec. 410. Alcohol-impaired driving countermeasures

  [(a) General Authority.--Subject to the provisions of this 
section, the Secretary shall make grants to those States which 
adopt and implement effective programs to reduce traffic safety 
problems resulting from persons driving while under the 
influence of alcohol or a controlled substance. Such grants may 
only be used by recipient States to implement and enforce such 
programs.
  [(b) Maintenance of Effort.--No grant may be made to a State 
under this section in any fiscal year unless such State enters 
into such agreements with the Secretary as the Secretary may 
require to ensure that such State will maintain its aggregate 
expenditures from all other sources for alcohol traffic safety 
programs at or above the average level of such expenditures in 
its 2 fiscal years preceding the date of the enactment of the 
Intermodal Surface Transportation Efficiency Act of 1991.
  [(c) Maximum Period of Eligibility; Federal Share for 
Grants.--No State may receive grants under this section in more 
than 5 fiscal years beginning after September 30, 1992. The 
Federal share payable for any grant under this section shall 
not exceed--
          [(1) in the first fiscal year the State receives a 
        grant under this section, 75 percent of the cost of 
        implementing and enforcing in such fiscal year a 
        program adopted by the State pursuant to subsection 
        (a);
          [(2) in the second fiscal year the State receives a 
        grant under this section, 50 percent of the cost of 
        implementing and enforcing in such fiscal year such 
        program; and
          [(3) in the third, fourth, and fifth fiscal years the 
        State receives a grant under this section, 25 percent 
        of the cost of implementing and enforcing in such 
        fiscal year such program.
  [(d) Basic Grant Eligibility.--A State is eligible for a 
basic grant under this section in a fiscal year only if such 
State provides for 5 or more of the following:
          [(1) Establishes an expedited driver's license 
        suspension or revocation system for persons who operate 
        motor vehicles while under the influence of alcohol 
        which requires that--
                  [(A) when a law enforcement officer has 
                probable cause under State law to believe a 
                person has committed an alcohol-related traffic 
                offense and such person is determined, on the 
                basis of a chemical test, to have been under 
                the influence of alcohol while operating the 
                motor vehicle or refuses to submit to such a 
                test as proposed by the officer, the officer 
                shall serve such person with a written notice 
                of suspension or revocation of the driver's 
                license of such person and take possession of 
                such driver's license;
                  [(B) the notice of suspension or revocation 
                referred to in subparagraph (A) shall provide 
                information on the administrative procedures 
                under which the State may suspend or revoke in 
                accordance with the objectives of this section 
                a driver's license of a person for operating a 
                motor vehicle while under the influence of 
                alcohol and shall specify any rights of the 
                operator under such procedures;
                  [(C) the State shall provide, in the 
                administrative procedures referred to in 
                subparagraph (B), for due process of law, 
                including the right to an administrative review 
                of a driver's license suspension or revocation;
                  [(D) after serving notice and taking 
                possession of a driver's license in accordance 
                with subparagraph (A), the law enforcement 
                officer immediately shall report to the State 
                entity responsible for administering drivers' 
                licenses all information relevant to the action 
                taken in accordance with this clause;
                  [(E) in the case of a person who, in any 5-
                year period beginning after December 18, 1991, 
                is determined on the basis of a chemical test 
                to have been operating a motor vehicle under 
                the influence of alcohol or is determined to 
                have refused to submit to such a test as 
                proposed by the law enforcement officer, the 
                State entity responsible for administering 
                drivers' licenses, upon receipt of the report 
                of the law enforcement officer--
                          [(i) shall suspend the driver's 
                        license of such person for a period of 
                        not less than 90 days if such person is 
                        a first offender in such 5-year period; 
                        and
                          [(ii) shall suspend the driver's 
                        license of such person for a period of 
                        not less than 1 year, or revoke such 
                        license, if such person is a repeat 
                        offender in such 5-year period; and
                  [(F) the suspension and revocation referred 
                to under subparagraph (D) shall take effect not 
                later than 30 days after the day on which the 
                person first received notice of the suspension 
                or revocation in accordance with subparagraph 
                (B).
          [(2)(A) For each of the first three fiscal years in 
        which a grant is received, any person with a blood 
        alcohol concentration of 0.10 percent or greater when 
        driving a motor vehicle shall be deemed to be driving 
        while intoxicated; and
          [(B) For each of the last two fiscal years in which a 
        grant is received, any person with a blood alcohol 
        concentration of 0.08 percent or greater when driving a 
        motor vehicle shall be deemed to be driving while 
        intoxicated.
          [(3)(A) A statewide program for stopping motor 
        vehicles on a nondiscriminatory, lawful basis for the 
        purpose of determining whether or not the operators of 
        such motor vehicles are driving while under the 
        influence of alcohol.
          [(B) A State shall be treated as having met the 
        requirement of this paragraph if--
                  [(i) the State provides to the Secretary a 
                written certification that the highest court of 
                the State has issued a decision indicating that 
                implementation of subparagraph (A) would 
                constitute a violation of the constitution of 
                the State; and
                  [(ii) the State demonstrates to the 
                satisfaction of the Secretary that--
                          [(I) the alcohol fatal crash 
                        involvement rate in the State has 
                        decreased in each of the 3 most recent 
                        calendar years for which statistics for 
                        determining such rate are available; 
                        and
                          [(II) the alcohol fatal crash 
                        involvement rate in the State has been 
                        lower than the average such rate for 
                        all States in each of such calendar 
                        years.
          [(4) 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 amotor vehicle while under the 
influence of alcohol are returned, or an equivalent amount of non-
Federal funds are provided, to those communities which have 
comprehensive programs for the prevention of such operations of motor 
vehicles.
          [(5) An effective system for preventing operators of 
        motor vehicles under age 21 from obtaining alcoholic 
        beverages. Such system may include the issuance of 
        drivers' licenses to individuals under age 21 that are 
        easily distinguishable in appearance from drivers' 
        licenses issued to individuals age 21 years of age or 
        older.
          [(6) Establishment of a mandatory sentence, which 
        shall not be subject to suspension or probation, of (A) 
        imprisonment for not less than 48 consecutive hours, or 
        (B) not less than 10 days of community service, of any 
        person convicted of driving while intoxicated more than 
        once in any 5-year period.
          [(7) Any individual under age 21 with a blood alcohol 
        concentration of 0.02 percent or greater when driving a 
        motor vehicle shall be deemed to be driving while 
        intoxicated or driving under the influence of alcohol.
  [(e) Amount of Basic Grant.--Subject to subsection (c), the 
amount of a basic grant made under this section for any fiscal 
year to any State which is eligible for such a grant under 
subsection (d) shall equal 30 percent of the amount apportioned 
to such State for fiscal year 1992 under section 402 of this 
title.
  [(f) Supplemental Grants.--
          [(1) Open container laws.--Subject to subsection (c), 
        a State shall be eligible to receive a supplemental 
        grant in a fiscal year of 5 percent of the amount 
        apportioned to the State in fiscal year 1992 under 
        section 402 of this title if the State is eligible for 
        a basic grant in the fiscal year and makes unlawful the 
        possession of any open alcoholic beverage container, or 
        the consumption of any alcoholic beverage, in the 
        passenger area of any motor vehicle located on a public 
        highway or the right-of-way of a public highway, 
        except--
                  [(A) as allowed in the passenger area, by 
                persons (other than the driver), of any motor 
                vehicle designed to transport more than 10 
                passengers (including the driver) while being 
                used to provide charter transportation of 
                passengers; or
                  [(B) as otherwise specifically allowed by 
                such State, with the approval of the Secretary, 
                but in no event may the driver of such motor 
                vehicle be allowed to possess or consume an 
                alcoholic beverage in the passenger area.
          [(2) Suspension of registration and return of license 
        plates.--Subject to subsection (c), a State shall be 
        eligible to receive a supplemental grant in a fiscal 
        year of 5 percent of the amount apportioned to the 
        State in fiscal year 1992 under section 402 of this 
        title if the State is eligible for a basic grant in the 
        fiscal year and provides for the suspension of the 
        registration of, and the return to such State of the 
        license plates for an individual who--
                  [(A) has been convicted on more than 1 
                occasion of an alcohol-related traffic offense 
                within any 5-year period beginning after the 
                date of the enactment of the Intermodal Surface 
                Transportation Efficiency Act of 1991; or
                  [(B) has been convicted of driving while his 
                or her driver's license is suspended or revoked 
                by reason of a conviction for such an offense.
        A State may provide limited exceptions to such 
        suspension of registration or return of license plates 
        on an individual basis to avoid undue hardship to any 
        individual (including any family member of the 
        convicted individual and any co-owner of the motor 
        vehicle) who is completely dependent on the motor 
        vehicle for the necessities of life. Such exceptions 
        may not result in unrestricted reinstatement of the 
        registration of the motor vehicle, unrestricted return 
        of the license plates of the motor vehicle, or 
        unrestricted return of the motor vehicle.
          [(3) Mandatory blood alcohol concentration testing 
        programs.--Subject to subsection (c), a State shall be 
        eligible to receive a supplemental grant in a fiscal 
        year of 5 percent of the amount apportioned to the 
        State in fiscal year 1992 under section 402 of this 
        title if the State is eligible for a basic grant in the 
        fiscal year and provides for mandatory blood alcohol 
        concentration testing whenever a law enforcement 
        officer has probable cause under State law to believe 
        that a driver of a motor vehicle involved in an 
        accident resulting in the loss of human life or, as 
        determined by the Secretary, serious bodily injury, has 
        committed an alcohol-related traffic offense.
          [(4) Drugged driving prevention.--Subject to 
        subsection (c), a State shall be eligible to receive a 
        supplemental grant in a fiscal year of 5 percent of the 
        amount apportioned to the State in fiscal year 1992 
        under section 402 of this title if the State is 
        eligible for a basic grant in the fiscal year and--
                  [(A) provides for laws concerning drugged 
                driving under which--
                          [(i) a person shall not drive or be 
                        in actual physical control of a motor 
                        vehicle while under the influence of 
                        alcohol, a controlled substance, a 
                        combination of controlled substances, 
                        or any combination of alcohol and 
                        controlled substances;
                          [(ii) any person who operates a motor 
                        vehicle upon the highways of the State 
                        shall be deemed to have given consent 
                        to a test or tests of his or her blood, 
                        breath, or urine for the purpose of 
                        determining the blood alcohol 
                        concentration or the presence of 
                        controlled substances in his or her 
                        body; and
                          [(iii) the driver's license of a 
                        person shall be suspended promptly, for 
                        a period of not less than 90 days in 
                        the case of a first offender and not 
                        less than 1 year in the case of any 
                        repeat offender, when a law enforcement 
                        officer has probable cause under State 
                        law to believe such person has 
                        committed a traffic offense relating to 
                        controlled substances use, and such 
                        person (I) is determined, on the basis 
                        of 1 or more chemical tests, to have 
                        been under the influence of controlled 
                        substances while operating a motor 
                        vehicle, or (II) refuses to submit to 
                        such a test as proposed by the officer;
                  [(B) has in effect a law which provides 
                that--
                          [(i) any person convicted of a first 
                        violation of driving under the 
                        influence of controlled substances or 
                        alcohol, or both, shall receive--
                                  [(I) a mandatory license 
                                suspension for a period of not 
                                less than 90 days; and
                                  [(II) either an assignment of 
                                100 hours of community service 
                                or a minimum sentence of 
                                imprisonment for 48 consecutive 
                                hours;
                          [(ii) any person convicted of a 
                        second violation of driving under the 
                        influence of controlled substances or 
                        alcohol, or both, within 5 years after 
                        a conviction for the same offense shall 
                        receive a mandatory minimum sentence of 
                        imprisonment for 10 days and license 
                        revocation for not less than 1 year;
                          [(iii) any person convicted of a 
                        third or subsequent violation of 
                        driving under the influence of 
                        controlled substances or alcohol, or 
                        both, within 5 years after a prior 
                        conviction for the same offense shall--
                                  [(I) receive a mandatory 
                                minimum sentence of 
                                imprisonment for 120 days; and
                                  [(II) have his or her license 
                                revoked for not less than 3 
                                years; and
                          [(iv) any person convicted of driving 
                        with a suspended or revoked license or 
                        in violation of a restriction imposed 
                        as a result of a conviction for driving 
                        under the influence of controlled 
                        substances or alcohol, or both, shall 
                        receive a mandatory sentence of 
                        imprisonment for at least 30 days, and 
                        shall upon release from imprisonment 
                        receive an additional period of license 
                        suspension or revocation of not less 
                        than the period of suspension or 
                        revocation remaining in effect at the 
                        time of commission of the offense of 
                        driving with a suspended or revoked 
                        license;
                  [(C) provides for an effective system, as 
                determined by the Secretary, for--
                          [(i) the detection of driving under 
                        the influence of controlled substances;
                          [(ii) the administration of a 
                        chemical test or tests to any driver 
                        who a law enforcement officer has 
                        probable cause under State law to 
                        believe has committed a traffic offense 
                        relating to controlled substances use; 
                        and
                          [(iii) in instances where such 
                        probable cause exists, the prosecution 
                        of (I) those persons who are 
                        determined, on the basis of 1 or more 
                        chemical tests, to have been operating 
                        a motor vehicle while under the 
                        influence of controlled substances and 
                        (II) those persons who refuse to submit 
                        to such a test as proposed by a law 
                        enforcement officer; and
                  [(D) has in effect 2 of the following 
                programs:
                          [(i) An effective educational 
                        program, as determined by the 
                        Secretary, for the prevention of 
                        driving under the influence of 
                        controlled substances.
                          [(ii) An effective program, as 
                        determined by the Secretary, for 
                        training law enforcement officers to 
                        detect driving under the influence of 
                        controlled substances.
                          [(iii) An effective program, as 
                        determined by the Secretary, for the 
                        rehabilitation and treatment of those 
                        convicted of driving under the 
                        influence of controlled substances.
          [(5) Blood alcohol concentration level percentage.--
        Subject to subsection (c), a State shall be eligible to 
        receive a supplemental grant in a fiscal year of 5 
        percent of the amount apportioned to the State in 
        fiscal year 1992 under section 402 of this title if the 
        State is eligible for a basic grant in the fiscal year 
        and requires that any person with a blood alcohol 
        concentration of .08 percent or greater when driving a 
        motor vehicle shall be deemed to be driving while 
        intoxicated in each of the first three fiscal years in 
        which a basic grant is received.
          [(6) Video equipment for detection of drunk and 
        drugged drivers.--Subject to subsection (c), a State 
        shall be eligible to receive a supplemental grant in a 
        fiscal year of 5 percent of the amount apportioned to 
        the State in fiscal year 1992 under section 402 of this 
        title if the State is eligible for a basic grant in the 
        fiscal year and provides a program to acquire video 
        equipment to be used in detecting persons who operate 
        motor vehicles while under the influence of alcohol or 
        a controlled substance and in effectively prosecuting 
        those persons, and to train personnel in the use of 
        that equipment.
  [(g) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  [(h) Applicability of Chapter 1.--
          [(1) In general.--Except as otherwise provided in 
        this subsection, all provisions of chapter 1 of this 
        title that are applicable to National Highway System 
        funds, other than provisions relating to the 
        apportionment formula and provisions limiting the 
        expenditure of such funds to the Federal-aid systems, 
        shall apply to the funds authorized to be appropriated 
        to carry out this section.
          [(2) Inconsistent provisions.--If the Secretary 
        determines that a provision of chapter 1 of this title 
        is inconsistent with this section, such provision shall 
        not apply to funds authorized to be appropriated to 
        carry out this section.
          [(3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal 
        year by a State and its political subdivisions 
        (exclusive of Federal funds) for carrying out the State 
        highway safety program (other than planning and 
        administration) shall be available for the purpose of 
        crediting such State during such fiscal year for the 
        non-Federal share of the cost of any project under this 
        section (other than one for planning or administration) 
        without regard to whether such expenditures were 
        actually made in connection with such project.
          [(4) Increased federal share for certain indian tribe 
        programs.--In the case of a local highway safety 
        program carried out by an Indian tribe, if the 
        Secretary is satisfied that an Indian tribe does not 
        have sufficient funds available to meet the non-Federal 
        share of the cost of such program, the Secretary may 
        increase the Federal share of the cost thereof payable 
        under this title to the extent necessary.
          [(5) Treatment of term ``state highway 
        department''.--In applying provisions of chapter 1 in 
        carrying out this section, the term ``State highway 
        department'' as used in such provisions shall mean the 
        Governor of a State and, in the case of an Indian tribe 
        program, the Secretary of the Interior.
  [(i) Definitions.--For the purposes of this section, the 
following definitions apply:
          [(1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' has the meaning such term has under section 
        158(c) of this title.
          [(2) Controlled substances.--The term ``controlled 
        substances'' has the meaning such term has under 
        section 102(6) of the Controlled Substances Act (21 
        U.S.C. 802(6)).
          [(3) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning such term has under section 154(b) of this 
        title.
          [(4) Open alcoholic beverage container.--The term 
        ``open alcoholic beverage container'' means any bottle, 
        can, or other receptacle--
                  [(A) which contains any amount of an 
                alcoholic beverage; and
                  [(B)(i) which is open or has a broken seal, 
                or
                  [(ii) the contents of which are partially 
                removed.
  [(j) Authorization of Appropriations.--For purposes of 
carrying out this section, there is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account) $25,000,000 for each of fiscal years 1994 
through 1997, and an additional $500,000 for fiscal year 1997. 
Amounts made available to carry out this section are authorized 
to remain available until expended.]

Sec. 410. Alcohol-impaired driving countermeasures

  (a) General Authority.--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.
  (b) 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 the enactment of the 
Building Efficient Surface Transportation and Equity Act of 
1998.
  (c) Maximum Period of Eligibility; Federal Share for 
Grants.--No State may receive grants under this section in more 
than 6 fiscal years beginning after September 30, 1997. The 
Federal share payable for any grant under this section shall 
not exceed--
          (1) in the first and second fiscal years in which the 
        State receives a grant under this section, 75 percent 
        of the cost of implementing and enforcing in such 
        fiscal year a program adopted by the State pursuant to 
        subsection (a);
          (2) in the third and fourth fiscal years in which the 
        State receives a grant under this section, 50 percent 
        of the cost of implementing and enforcing in such 
        fiscal year such program; and
          (3) in the fifth and sixth fiscal years in which the 
        State receives a grant under this section, 25 percent 
        of the cost of implementing and enforcing in such 
        fiscal year such program.
  (d) 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) .08 bac per se law.--A law that provides 
                that any individual with a blood alcohol 
                concentration of 0.08 percent or greater while 
                operating a motor vehicle shall be deemed to be 
                driving while intoxicated.
                  (B) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for 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 the enactment of the 
                        Building Efficient Surface 
                        Transportation and Equity Act of 1998, 
                        is determined on the basis of a 
                        chemical test to have been operating a 
                        motor vehicle under the influence of 
                        alcohol or is determined to have 
                        refused to submit to such a test as 
                        proposed by a law enforcement officer, 
                        the State agency responsible for 
                        administering drivers' licenses, upon 
                        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 State's 
                        procedures.
                  (C) Underage drinking program.--An effective 
                system, as determined by the Secretary, for 
                preventing operators ofmotor 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 a graduated licensing system, the issuance of 
drivers' licenses to individuals under age 21 that are easily 
distinguishable in appearance from drivers' licenses issued to 
individuals age 21 years of age or older, and the issuance of drivers' 
licenses that are tamper resistant.
                  (D) 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.
                  (E) Repeat offenders.--Effective sanctions 
                for repeat offenders convicted of driving under 
                the influence of alcohol. Such sanctions, as 
                determined by the Secretary, may include 
                electronic monitoring; alcohol interlocks; 
                intensive supervision of probation; vehicle 
                impoundment, confiscation, or forfeiture; 
                dedicated detention facilities; special 
                measures to reduce driving with a suspended 
                license; and assignment of treatment.
                  (F) Drivers with high bac's.--Programs to 
                target individuals with high blood alcohol 
                concentrations who operate a motor vehicle. 
                Such programs may include implementation of a 
                system of graduated penalties and assessment of 
                individuals convicted of driving under the 
                influence of alcohol.
                  (G) Young adult drinking programs.--Programs 
                to reduce driving while under the influence of 
                alcohol by individuals age 21 through 34. Such 
                programs may include awareness campaigns; 
                traffic safety partnerships with employers, 
                colleges, and the hospitality industry; 
                assessment of first time offenders; and 
                incorporation of treatment into judicial 
                sentencing.
                  (H) Testing for bac.--An effective system for 
                increasing the rate of testing for blood 
                alcohol concentration of motor vehicle drivers 
                in fatal accidents and, in fiscal year 2000 and 
                in 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 30 percent of the amount apportioned 
        to the State for fiscal year 1997 under section 402 of 
        this title.
  (e) Discretionary Grants.--
          (1) In general.--Upon receiving an application from a 
        State, the Secretary may make grants to the State for 
        carrying out innovative programs (other than the 
        programs specified in subsection (d)) to reduce traffic 
        safety problems resulting from individuals driving 
        while under the influence of alcohol or controlled 
        substances. Such programs may 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 (d) in such fiscal year.
          (3) Funding.--Of the amounts made available to carry 
        out this section, not to exceed 12 percent shall be 
        available for making grants under this subsection.
  (f) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  (g) Applicability of Chapter 1.--
          (1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title 
        that are applicable to National Highway System funds, 
        other than provisions relating to the apportionment 
        formula and provisions limiting the expenditure of such 
        funds to Federal-aid highways, shall apply to the funds 
        authorized to be appropriated to carry out this 
        section.
          (2) Inconsistent provisions.--If the Secretary 
        determines that a provision of chapter 1 of this title 
        is inconsistent with this section, such provision shall 
        not apply to funds authorized to be appropriated to 
        carry out this section.
          (3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal 
        year by a State and its political subdivisions 
        (exclusive of Federal funds) for carrying out the State 
        highway safety program under section 402 (other than 
        planning and administration) shall be available for the 
        purpose of crediting such State during such fiscal year 
        for the non-Federal share of the cost of any project 
        under this section (other than one for planning or 
        administration) without regard to whether such 
        expenditures were actually made in connection with such 
        project.
          (4) Increased federal share for certain indian tribe 
        programs.--In the case of an alcohol-impaired driving 
        countermeasures program carried out by an Indian tribe, 
        if the Secretary is satisfied that an Indian tribe does 
        not have sufficient funds available to meet the non-
        Federal share of the cost ofsuch program, the Secretary 
may increase the Federal share of the cost thereof payable under this 
title to the extent necessary.
          (5) Treatment of term ``state highway department''.--
        In applying provisions of chapter 1 in carrying out 
        this section, the term ``State highway department'' as 
        used in such provisions shall mean the Governor of a 
        State and, in the case of an Indian tribe program, the 
        Secretary of the Interior.
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' has the meaning such term has under section 
        158(c) of this title.
          (2) Controlled substances.--The term ``controlled 
        substances'' has the meaning such term has under 
        section 102(6) of the Controlled Substances Act (21 
        U.S.C. 802(6)).
          (3) 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.

Sec. 411. State highway safety data improvements

  (a) General Authority.--Subject to the provisions of this 
section, the Secretary shall make grants to States that adopt 
and implement effective programs to--
          (1) improve the timeliness, accuracy, completeness, 
        uniformity, and accessibility of the State's data 
        needed to identify priorities for national, State, and 
        local highway and traffic safety programs;
          (2) evaluate the effectiveness of efforts to make 
        such improvements;
          (3) link these State data systems, including traffic 
        records, together and with other data systems within 
        the State, such as systems that contain medical and 
        economic data; and
          (4) improve State data systems' compatibility with 
        national data systems and those of other States and 
        enhance the Secretary's ability to observe and analyze 
        national trends in crash occurrences, rates, outcomes, 
        and causation.
Such grants may be used by recipient States only to implement 
such programs.
  (b) 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 causation. A State's 
multiyear highway safety data and traffic records plan 
described in subsection (e)(1) shall demonstrate how the model 
data elements will be incorporated into the State's data 
systems for the State to be eligible for grants under this 
section.
  (c) 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 the enactment of the 
Building Efficient Surface Transportation and Equity Act of 
1998.
  (d) Maximum Period of Eligibility; Federal Share for 
Grants.--No State may receive grants under this section in more 
than 6 fiscal years beginning after September 30, 1997. The 
Federal share payable for any grant under this section shall 
not exceed--
          (1) in the first and second fiscal years in which the 
        State receives the grant, 75 percent of the cost of 
        implementing and enforcing, as appropriate, in such 
        fiscal year a program adopted by the State;
          (2) in the third and fourth fiscal years in which the 
        State receives the grant, 50 percent of the cost of 
        implementing and enforcing, as appropriate, in such 
        fiscal year such program; and
          (3) in the fifth and sixth fiscal years in which the 
        State receives the grant under this section, 25 percent 
        of the cost of implementing and enforcing, as 
        appropriate, in such fiscal year such program.
  (e) First-Year Grants.--
          (1) Eligibility.--A State shall be eligible for a 
        first-year grant under this section 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 State's highway safety data and 
                        traffic records system; and
                          (iii) initiated the development of a 
                        multiyear highway safety data and 
                        traffic records strategic plan, to be 
                        approved by the State's highway safety 
                        data and traffic records coordinating 
                        committee, that identifies and 
                        prioritizes the State's highway safety 
                        data and traffic records needs and 
                        goals, and that identifies performance-
                        based measures by which progress toward 
                        those goals will be determined; or
                  (B) provides, to the satisfaction of the 
                Secretary--
                          (i) a certification that the State 
                        has met the requirements of clauses (i) 
                        and (ii) of subparagraph (A);
                          (ii) a multiyear plan that--
                                  (I) identifies and 
                                prioritizes the State's highway 
                                safety data and traffic records 
                                needs and goals;
                                  (II) specifies how the 
                                State's incentive funds for the 
                                fiscal year will be used to 
                                address those needs and goals; 
                                and
                                  (III) identifies performance-
                                based measures by which 
                                progress toward those goals 
                                will be determined; and
                          (iii) a certification that the 
                        State's highway safety data and traffic 
                        records coordinating committee 
                        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, subject to 
                the availability of appropriations; 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 shall receive less than 
                $225,000, subject to the availability of 
                appropriations.
  (f) Succeeding Year Grants.--
          (1) Eligibility.--A State shall be eligible for a 
        grant under this subsection in any fiscal year 
        succeeding the first fiscal year in which the State 
        receives a grant under subsection (e) if the State, to 
        the satisfaction of the Secretary--
                  (A) submits or updates a multiyear plan 
                described in subsection (e)(1)(A)(iii);
                  (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 State's progress 
                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 shall receive less than $225,000, 
        subject to the availability of appropriations.
  (g) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  (h) Applicability of Chapter 1.--
          (1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title 
        that are applicable to National Highway System funds, 
        other than provisions relating to the apportionment 
        formula and provisions limiting the expenditure of such 
        funds to Federal-aid highways, shallapply to the funds 
authorized to be appropriated to carry out this section.
          (2) Inconsistent provisions.--If the Secretary 
        determines that a provision of chapter 1 of this title 
        is inconsistent with this section, such provision shall 
        not apply to funds authorized to be appropriated to 
        carry out this section.
          (3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal 
        year by a State and its political subdivisions 
        (exclusive of Federal funds) for carrying out the State 
        highway safety program under section 402 (other than 
        planning and administration) shall be available for the 
        purpose of crediting such State during such fiscal year 
        for the non-Federal share of the cost of any project 
        under this section (other than one for planning or 
        administration) without regard to whether such 
        expenditures were actually made in connection with such 
        project.
          (4) Increased federal share for certain indian tribe 
        programs.--In the case of a highway safety data 
        improvements program carried out by an Indian tribe, if 
        the Secretary is satisfied that an Indian tribe does 
        not have sufficient funds available to meet the non-
        Federal share of the cost of such program, the 
        Secretary may increase the Federal share of the cost 
        thereof payable under this title to the extent 
        necessary.
          (5) Treatment of term ``state highway department''.--
        In applying provisions of chapter 1 in carrying out 
        this section, the term ``State highway department'' as 
        used in such provisions shall mean the Governor of a 
        State and, in the case of an Indian tribe program, the 
        Secretary of the Interior.
                              ----------                              


              APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965

                 TITLE II--SPECIAL APPALACHIAN PROGRAMS

                          Part A--New Programs

                 Appalachian development highway system

  Sec. 201. (a) * * *
         *        *        *        *        *        *        *     
  (h)(1) When a participating State proceeds to construct a 
segment of a development highway without the aid of Federal 
funds, in accordance with all procedures and requirements 
applicable to the construction of segments of Appalachian 
development highways with such funds, except insofar as such 
procedures and requirements limit a State to the construction 
of projects for which Federal funds have previously been 
appropriated, the Secretary, upon application by the State and 
with the approval of the Commission, is authorized to pay to 
the State the Federal share not to exceed [70] 80 per centum of 
the costs of the construction of such segment, from any sums 
appropriated and allocated to such State to carry out this 
section.
         *        *        *        *        *        *        *     
  (i) Deduction for Administrative Expenses.--On October 1 of 
fiscal year 1998 and each fiscal year thereafter, or as soon as 
is practicable thereafter, there shall be deducted, for the 
expenses of the Appalachian Regional Commission in 
administering the funds authorized under this section for such 
year, not to exceed 3.75 percent of the funds made available 
for such year under subsection (g) of this section.
  (j) Local Participation in Dedesignation Decisions.--Before 
the State of Ohio may request the dedesignation of corridor B 
from the Ohio River in Scioto County to the Scioto-Adams County 
line, corridor B1 from the Kentucky State line to the junction 
with corridor B at Rosemount, corridor C from the junction with 
corridor B at Lucasville to State Route 159 at Chillicothe, or 
corridor D from the Adams County line to the Ohio River in 
Washington County as segments of the Appalachian development 
highway system, the State must consult about the proposed 
dedesignation with local elected officials having jurisdiction 
over the area in which the segment is located and conduct 
public hearings on the proposed dedesignation in each county in 
which any part of the segment is located.
         *        *        *        *        *        *        *     

         TITLE IV--APPROPRIATIONS AND MISCELLANEOUS PROVISIONS

         *        *        *        *        *        *        *     

                    definition of appalachian region

  Sec. 403. As used in this Act, the term ``Appalachian 
region'' or ``the region'' means that area of the eastern 
United States consisting of the following counties (including 
any political subdivision located within such area):
         *        *        *        *        *        *        *     
          In Georgia, the counties of Banks, Barrow, Bartow, 
        Carroll, Catoosa, Chattahooga, Cherokee, Dade, Dawson, 
        Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, 
        Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, 
        Hart, Heard, Jackson, Lumpkin, Madison, Murray, 
        Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, 
        Walker, White, and Whitfield;
         *        *        *        *        *        *        *     
                              ----------                              


        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

         *        *        *        *        *        *        *     

                    TITLE I--SURFACE TRANSPORTATION

                       Part A--Title 23 Programs

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SEC. 1021. FEDERAL SHARE.

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  [(b) Conforming Amendments.--Section 120 of such title is 
further amended--
          [(1) by striking subsections (j), (k), (l), and (m),
          [(2) by redesignating subsections (e), (f), (g), (h), 
        (i), and (n) as subsections (d), (e), (f), (g), (h), 
        and (i) respectively, and
          [(3) in subsection (d) as so redesignated by striking 
        ``and (c)'' and inserting ``and (b)''.]
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SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

  (a) * * *
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  (h) Public Transit Vehicles.--
          (1) Temporary exemption.--The second sentence of 
        section 127 of title 23, United States Code, relating 
        to axle weight limitations for vehicles using the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways, shall not apply, for the period beginning on 
        October 6, 1992, and ending on [the date on which 
        Federal-aid highway and transit programs are 
        reauthorized after the date of the enactment of the 
        National Highway System Designation Act of 1995] 
        September 30, 2003, to any vehicle which is regularly 
        and exclusively used as an intrastate public agency 
        transit passenger bus.
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SEC. 1040. HIGHWAY USE TAX EVASION PROJECTS.

  (a) In General.--The Secretary shall use funds made available 
[by subsection (e)] to carry out highway use tax evasion 
projects in accordance with this section. Such funds may be 
allocated to the Internal Revenue Service and the States at the 
discretion of the Secretary. The Secretary shall not impose any 
condition on the use of funds allocated to the Internal Revenue 
Service under this section.
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  [(f) Funding.--
          [(1) Highway trust fund.--There shall be available to 
        the Secretary for carrying out this section, out of the 
        Highway Trust Fund (other than the Mass Transit 
        Account), $5,000,000 for each of fiscal years 1992, 
        1993, 1994, 1995, 1996, and 1997. Such sums shall be 
        available for obligation in the same manner and to the 
        same extent as if such sums were apportioned under 
        chapter 1 of title 23, United States Code; except that 
        the Federal share for projects carried out under this 
        section shall be 100 percent and the sums shall remain 
        available until expended.
          [(2) General fund.--There are authorized to be 
        appropriated to carry out this section $2,500,000 per 
        fiscal year for each of fiscal years 1992 through 1997. 
        Such sums shall remain available until expended.]
  (f) Applicability of Title 23.--Funds made available out of 
the Highway Trust Fund (other than the Mass Transit Account) to 
carry out this section shall be available for obligation in the 
same manner and to the same extent as if such funds were 
apportionedunder chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any project carried out 
under this section shall be 100 percent and such funds shall remain 
available for obligation for a period of 1 year after the last day of 
the fiscal year for which the funds are authorized.
  (g) Automated Fuel Reporting System.--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.
  [(g)] (h) State Defined.--For purposes of this section, the 
term ``State'' means the 50 States and the District of 
Columbia.
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SEC. 1064. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

  (a) * * *
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  [(c) Funding.--There shall be available, out of the Highway 
Trust Fund (other than the Mass Transit Account), to the 
Secretary for obligation at the discretion of the Secretary 
$14,000,000 for fiscal year 1992, $17,000,000 per fiscal year 
for each of fiscal years 1993, 1994, 1995, and 1996, and 
$18,000,000 for fiscal year 1997 in carrying out this section. 
Such sums shall remain available until expended.]
  (c) Obligation of Amounts.--Amounts made available out of the 
Highway Trust Fund (other than the Mass Transit Account) to 
carry out this section may be obligated at the discretion of 
the Secretary. Such sums shall remain available until expended.
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SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) * * *
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  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) * * *
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          (5)(A) I-73/74 North-South Corridor from Charleston, 
        South Carolina, through Winston-Salem, North Carolina, 
        to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at 
        Detroit, Michigan and Sault Ste. Marie, Michigan. The 
        Sault Ste. Marie terminus shall be reached via a 
        corridor connecting Adrian, Jackson, Lansing, Mount 
        Pleasant, and Grayling, Michigan.
          (B)(i) * * *
         *        *        *        *        *        *        *     
          (iii) In the States of North Carolina and South 
        Carolina, the Corridor shall generally follow--
                  (I) in the case of I-73--
                          (aa) * * *
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                          (ff) South Carolina State line to 
                        Charleston, South Carolina including a 
                        connection to Andrews following the 
                        Route 41 Corridor; and
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          (9) United States Route 220 and the Appalachian 
        Thruway Corridor from Business 220 in Bedford, 
        Pennsylvania, to the vicinity of Corning, New York, 
        including United States Route 322 between United States 
        Route 220 and I-80.
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          (18) Corridor from Sarnia, Ontario, Canada, through 
        Port Huron, Michigan, southwesterly along I-69 and from 
        Windsor, Ontario, Canada, through Detroit, Michigan, 
        westerly along I-94 via Marshall, Michigan, thence 
        south to Indianapolis, Indiana, through Evansville, 
        Indiana, Memphis, Tennessee, Mississippi, Arkansas, 
        Shreveport/Bossier, Louisiana, to Houston, Texas, and 
        to the Lower Rio Grande Valley at the border between 
        the United States and Mexico, [and to include] as 
        follows:
                  (A) 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) run in an East/South direction 
                        to United States Route 61 and cross the 
                        Mississippi River (in the vicinity of 
                        Memphis, Tennessee) to Highway 79, and 
                        then follow Highway 79 south to 2 miles 
                        west of Altimer, Arkansas, and across 
                        the Arkansas River at Lock and Dam 
                        Number 4, Arkansas, and then proceed 
                        south in the direction of Monticello, 
                        Arkansas, and link up with the route 
                        proposed in the Corridor 18 Special 
                        Issues Study Final Report which would 
                        continue to Haynesville, Louisiana.
                  (B) 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 the Corpus Christi 
                        Northside Highway and Rail Corridor 
                        from the existing intersection of 
                        United States Route 77 and Interstate 
                        Route 37 to United States Route 181, 
                        including FM511 from United States 
                        Route 77 to the Port of Brownsville.
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          (21) United States Route 219 Corridor from Buffalo, 
        New York, to the intersection of [United States Route 
        17 in the vicinity of Salamanca, New York] Interstate 
        Route 80.
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          (23) The Interstate Route 35 Corridor from Laredo, 
        Texas, through Oklahoma City, Oklahoma, to Wichita, 
        Kansas, to Kansas City, Kansas/Missouri, to Des Moines, 
        Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota, 
        including I-29 between Kansas City and the Canadian 
        border.
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          (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.
          (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 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 Bernandino.
          (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.
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  (e) Provisions Applicable to Corridors.--
          (1) * * *
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          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), in clauses 
                (i), (ii), and (iii) of subsection (c)(5)(B), 
                in subsection (c)(9), [and] in subsections 
                (c)(18) and (c)(20), in subsection (c)(36), and 
                in subsection (c)(37) that are not a part of 
                the Interstate System are designated as future 
                parts of the Interstate System. Any segment of 
                such routes shall become a part of the 
                Interstate System at such time as the Secretary 
                determines that the segment--
                          (i) * * *
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                [The portion of the route referred to in 
                subsection (c)(9) is designated as Interstate 
                Route I-99.]
                  (B) Routes.--
                          (i) Designation.--The portion of the 
                        route referred to in subsection (c)(9) 
                        is designated as Interstate Route I-99. 
                        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.
                  [(B)] (C) Treatment of segments.--Subject to 
                subparagraph (C), segments designated as part 
                of the Interstate System by this paragraph and 
                the mileage of such segments shall be treated 
                in the manner described in the last 2 sentences 
                of section 139(a) of title 23, United States 
                Code.
                  [(C)] (D) Use of funds.--
                          (i) General rule.--Funds apportioned 
                        under section 104(b)(5)(A) of title 23, 
                        United States Code, may be used on a 
                        project to construct a portion of a 
                        route referred to in this paragraph to 
                        standards set forth in section 109(b) 
                        of such title if the State determines 
                        that the project for which the funds 
                        were originally apportioned is 
                        unreasonably delayed or no longer 
                        viable.
                          (ii) Limitation.--If funds 
                        apportioned under section 104(b)(5)(A) 
                        of title 23, United States Code, for 
                        completing a segment of the Interstate 
                        System are used on a project pursuant 
                        to this subparagraph, no interstate 
                        construction funds may be made 
                        available, after the date of the 
                        enactment of this paragraph, for 
                        construction of such segment.
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             PART B--NATIONAL RECREATIONAL TRAILS FUND ACT

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[SEC. 1302. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.

  [(a) In General.--The Secretary, in consultation with the 
Secretary of the Interior, using amounts available in the Fund, 
shall administer a program allocating moneys to the States for 
the purposes of providing and maintaining recreational trails.
  [(b) Statement of Intent.--Moneys made available under this 
part are to be used on trails and trail-related projects which 
have been planned and developed under the otherwise existing 
laws, policies and administrative procedures within each State, 
and which are identified in, or which further a specific goal 
of, a trail plan included or referenced in a Statewide 
Comprehensive Outdoor Recreation Plan required by the Land and 
Water Conservation Fund Act.
  [(c) State Eligibility.--
          [(1) Transitional provision.--Until the date that is 
        3 years after the date of enactment of this part, a 
        State shall be eligible to receive moneys under this 
        part only if such State's application proposes to use 
        the moneys as provided in subsection (e).
          [(2) Permanent provision.--On and after the date that 
        is three years after the date of the enactment of this 
        part, a State shall be eligible to receive moneys under 
        this part only if--
                  [(A) a recreational trail advisory board on 
                which both motorized and nonmotorized 
                recreational trail users are represented exists 
                within the State;
                  [(B) the Governor of the State has designated 
                the State official or officials who will be 
                responsible for administering moneys received 
                under this part; and
                  [(C) the State's application proposes to use 
                moneys received under this part as provided in 
                subsection (e).
          [(3) Federal share.--
                  [(A) Prior to fiscal year 2001.--Prior to 
                October 1, 2000, the Federal share of the cost 
                of a project under this section shall be 50 
                percent.
                  [(B) Fiscal year 2001 and thereafter.--For 
                fiscal year 2001 and each fiscal year 
                thereafter, a State shall be eligible to 
                receive moneys under this part for a fiscal 
                year only if the State agrees to expend from 
                non-Federal sources for carrying out projects 
                under this part an amount equal to 20 percent 
                of the amount received by the State under this 
                part in that fiscal year.
  [(d) Allocation of Moneys in the Fund.--
          [(1) Administrative costs.--No more than 3 percent of 
        the expenditures made annually from the Fund may be 
        used to pay the cost to the Secretary for--
                  [(A) approving applications of States for 
                moneys under this part;
                  [(B) paying expenses of the National 
                Recreational Trails Advisory Committee;
                  [(C) conducting national surveys of 
                nonhighway recreational fuel consumption by 
                State, for use in making determinations and 
                estimations pursuant to this part;
                  [(D) contracting for services with other land 
                management agencies; and
                  [(E) if any such funds remain unexpended, 
                research on methods to accommodate multiple 
                trail uses and increase the compatibility of 
                those uses, information dissemination, 
                technical assistance, and preparation of a 
                national trail plan as required by the National 
                Trails System Act (16 U.S.C. 1241 et al).
          [(2) Allocation to states.--
                  [(A) Amount.--Amounts in the Fund remaining 
                after payment of the administrative costs 
                described in paragraph (1), shall be allocated 
                and paid to the States annually in the 
                following proportions:
                          [(i) Equal amounts.--50 percent of 
                        such amounts shall be allocated equally 
                        among eligible States.
                          [(ii) Amounts proportionate to 
                        nonhighway recreational fuel use.--50 
                        percent of such amounts shall be 
                        allocated among eligible States in 
                        proportion to the amount of nonhighway 
                        recreational fuel use during the 
                        preceding year in each such State, 
                        respectively.
                  [(B) Use of data.--In determining amounts of 
                nonhighway recreational fuel use for the 
                purpose of subparagraph (A)(ii), the Secretary 
                may consider data on off-highway vehicle 
                registrations in each State.
          [(3) Limitation on obligations.--The provisions of 
        paragraphs (1) and (2) notwithstanding, the total of 
        all obligations for recreational trails under this 
        section shall not exceed--
                  [(A) $30,000,000 for fiscal year 1992;
                  [(B) $30,000,000 for fiscal year 1993;
                  [(C) $30,000,000 for fiscal year 1994;
                  [(D) $30,000,000 for fiscal year 1995;
                  [(E) $30,000,000 for fiscal year 1996; and
                  [(F) $30,000,000 for fiscal year 1997.
  [(e) Use of Allocated Moneys.--
          [(1) Permissible uses.--A State may use moneys 
        received under this part for--
                  [(A) in an amount not exceeding 7 percent of 
                the amount of moneys received by the State, 
                administrative costs of the State;
                  [(B) in an amount not exceeding 5 percent of 
                the amount of moneys received by the State, 
                operation of environmental protection and 
                safety education programs relating to the use 
                of recreational trails;
                  [(C) development of urban trail linkages near 
                homes and workplaces;
                  [(D) maintenance of existing recreational 
                trails, including the grooming and maintenance 
                of trails across snow;
                  [(E) restoration of areas damaged by usage of 
                recreational trails and back country terrain;
                  [(F) development of trail-side and trail-head 
                facilities that meet goals identified by the 
                National Recreational Trails Advisory 
                Committee;
                  [(G) provision of features which facilitate 
                the access and use of trails by persons with 
                disabilities;
                  [(H) acquisition of easements for trails, or 
                for trail corridors identified in a State trail 
                plan;
                  [(I) acquisition of fee simple title to 
                property from a willing seller, when the 
                objective of the acquisition cannot be 
                accomplished by acquisition of an easement or 
                by other means;
                  [(J) construction of new trails on State, 
                county, municipal, or private lands, where a 
                recreational need for such construction is 
                shown; and
                  [(K) only as otherwise permissible, and where 
                necessary and required by a State Comprehensive 
                Outdoor Recreation plan, construction of new 
                trails crossing Federal lands, where such 
                construction is approved by the administering 
                agency of the State, and the Federal agency or 
                agencies charged with management of all 
                impacted lands, such approval to be contingent 
                upon compliance by the Federal agency with all 
                applicable laws, including the National 
                Environmental Policy Act (42 U.S.C. 4321 et 
                seq.), the Forest and Rangeland Renewable 
                Resources Planning Act of 1974, as amended (16 
                U.S.C. 1600 et seq.), and the Federal Land 
                Policy and Management Act (43 U.S.C. 1701 et 
                seq.).
          [(2) Use not permitted.--A State may not use moneys 
        received under this part for--
                  [(A) condemnation of any kind of interest in 
                property;
                  [(B)(i) construction of any recreational 
                trail on National Forest System lands for 
                motorized uses unless such lands--
                          [(I) have been allocated for uses 
                        other than wilderness by an approved 
                        Forest land and resource management 
                        plan or have been released to uses 
                        other than wilderness by an Act of 
                        Congress, and
                          [(II) such construction is otherwise 
                        consistent with the management 
                        direction in such approved land and 
                        resource management plan; or
                  [(ii) construction of any recreational trail 
                on Bureau of Land Management lands for 
                motorized uses unless such lands--
                          [(I) have been allocated for uses 
                        other than wilderness by an approved 
                        Bureau of Land Management resource 
                        management plan or have been released 
                        to uses other than wilderness by an Act 
                        of Congress, and
                          [(II) such construction is otherwise 
                        consistent with the management 
                        direction in such approved management 
                        plans; or
                  [(C) upgrading, expanding, or otherwise 
                facilitating motorized use or access to trails 
                predominantly used by non-motorized trail users 
                and on which, as of May 1, 1991, motorized use 
                is either prohibited or has not occurred.
          [(3) Grants.--
                  [(A) In general.--A State may provide moneys 
                received under this part to make grants to 
                private individuals, organizations, city and 
                county governments, and other government 
                entities as approved by the State after 
                considering guidance from the recreational 
                trail advisory board satisfying the 
                requirements of subsection (c)(2)(A), for uses 
                consistent with this section.
                  [(B) Compliance.--A State that issues such 
                grants under subparagraph (A) shall establish 
                measures to verify that recipients comply with 
                the specified conditions for the use of grant 
                moneys.
          [(4) Assured access to funds.--Except as provided 
        under paragraphs (7) and (9)(B), not less than 30 
        percent of the moneys received annually by a State 
        under this part shall be reserved for uses relating to 
        motorized recreation, and not less than 30 percent of 
        those moneys shall be reserved for uses relating to 
        non-motorized recreation.
          [(5) Environmental mitigation.--
                  [(A) Requirement.--To the extent practicable 
                and consistent with other requirements of this 
                section, in complying with paragraph (4), a 
                State should give consideration to project 
                proposals that provide for the redesign, 
                reconstruction, nonroutine maintenance, or 
                relocation of trails in order to mitigate and 
                minimize the impact to the natural environment.
                  [(B) Guidance.--A recreational trail advisory 
                board satisfying the requirements of subsection 
                (c)(2)(A) shall issue guidance to a State for 
                the purposes of implementing subparagraph (A).
          [(6) Diversified trail use.--
                  [(A) Requirement.--To the extent practicable 
                and consistent with other requirements of this 
                section, a State shall expend moneys received 
                under this part in a manner that gives 
                preference to project proposals which--
                          [(i) provide for the greatest number 
                        of compatible recreational purposes 
                        including, but not limited to, those 
                        described under the definition of 
                        ``recreational trail'' in subsection 
                        (g)(5); or
                          [(ii) provide for innovative 
                        recreational trail corridor sharing to 
                        accommodate motorized and non-motorized 
                        recreational trail use.
                This paragraph shall remain effective until 
                such time as a State has allocated not less 
                than 40 percent of moneys received under this 
                part in the aforementioned manner.
                  [(B) Compliance.--The State shall receive 
                guidance for determining compliance with 
                subparagraph (A) from the recreational trail 
                advisory board satisfying the requirements of 
                subsection (c)(2)(A).
          [(7) Small state exclusion.--Any State with a total 
        land area of less than 3,500,000 acres, and in which 
        nonhighway recreational fuel use accounts for less than 
        1 percent of all such fuel use in the United States, 
        shall be exempted from the requirements of paragraph 
        (4) of this subsection upon application to the 
        Secretary by the State demonstrating that it meets the 
        conditions of this paragraph.
          [(8) Continuing recreational use.--At the option of 
        each State, moneys made available pursuant to this part 
        may be treated as Land and Water Conservation Fund 
        moneys for the purposes of section 6(f)(3) of the Land 
        and Water Conservation Fund Act.
          [(9) Return of moneys not expended.--
                  [(A) Except as provided in subparagraph (B), 
                moneys paid to a State that are not expended or 
                dedicated to a specific project within 4 years 
                after receipt for the purposes stated in this 
                subsection shall be returned to the Fund and 
                shall thereafter be reallocated under the 
                formula stated in subsection (d).
                  [(B) If approved by the State recreational 
                trail advisory board satisfying the 
                requirements of subsection (c)(2)(A), the State 
                may be exempted from the requirements of 
                paragraph (4).
  [(f) Coordination of Activities.--
          [(1) Cooperation by federal agencies.--Each agency of 
        the United States Government that manages land on which 
        a State proposes to construct or maintain a recreation 
        trail pursuant to this part is encouraged to cooperate 
        with the State and the Secretary in planning and 
        carrying out the activities described in subsection 
        (e). Nothing in this part diminishes or in any way 
        alters the land management responsibilities, plans and 
        policies established by such agencies pursuant to other 
        applicable laws.
          [(2) Cooperation by private persons.--
                  [(A) Written assurances.--As a condition to 
                making available moneys for work on 
                recreational trails that would affect privately 
                owned land, a State shall obtain written 
                assurances that the owner of the property will 
                cooperate with the State and participate as 
                necessary in the activities to be conducted.
                  [(B) Public access.--Any use of a State's 
                allocated moneys on private lands must be 
                accompanied by an easement or other legally 
                binding agreement that ensures public access to 
                the recreational trail improvements funded by 
                those moneys.
  [(g) Definitions.--For the purposes of this section--
          [(1) Eligible state.--The term ``eligible State'' 
        means a State that meets the requirements stated in 
        subsection (c).
          [(2) Fund.--The term ``Fund'' means the National 
        Recreational Trails Trust Fund established by section 
        9511 of the Internal Revenue Code of 1986.
          [(3) Nonhighway recreational fuel.--The term 
        ``nonhighway recreational fuel'' has the meaning stated 
        in section 9503(c)(6) of the Internal Revenue Code of 
        1986.
          [(4) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          [(5) Recreational trail.--The term ``recreational 
        trail'' means a thoroughfare or track across land or 
        snow, used for recreational purposes such as bicycling, 
        cross-country skiing, day hiking, equestrian 
        activities, jogging or similar fitness activities, 
        trail biking, overnight and long-distance backpacking, 
        snowmobiling, aquatic or water activity and vehicular 
        travel by motorcycle, four-wheel drive or all-terrain 
        off-road vehicles, without regard to whether it is a 
        ``National Recreation Trail'' designated under section 
        4 of the National Trails System Act (16 U.S.C. 1243).
          [(6) Motorized recreation.--The term ``motorized 
        recreation'' may not include motorized conveyances used 
        by persons with disabilities, such as self-propelled 
        wheelchairs, at the discretion of each State.]

SEC. 1303. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.

  (a) * * *
         *        *        *        *        *        *        *     
  (j) Termination.--The advisory committee established by this 
section shall terminate on September 30, 2000.
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           TITLE III--FEDERAL TRANSIT ACT AMENDMENTS OF 1991

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SEC. 3031. NEW JERSEY URBAN CORE PROJECT.

  (a) Contractual Commitments.--
          (1) * * *
         *        *        *        *        *        *        *     
          (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.--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).
         *        *        *        *        *        *        *     
  (c) Exemption From Certain Requirements.--The requirements 
contained in [section 3(i) of the Federal Transit Act (relating 
to criteria for new starts)] section 5309(e) of title 49, 
United States Code, shall not apply with respect to the New 
Jersey Urban Core Project[; except that an alternative analysis 
and draft environmental impact statement shall be completed 
with respect to the Hudson River Waterfront element of the 
project and the Secretary shall approve the recommended locally 
preferred alternative for such element]. No element of the 
project shall be subject to the major capital investment policy 
of the Federal Transit Administration.
  (d) Elements of Urban Core Project.--For the purposes of this 
section, the New Jersey Urban Core Project consists of the 
following elements: Secaucus Transfer (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), 
Kearny Connection, Waterfront Connection, Northeast Corridor 
Signal System, Hudson River Waterfront Transportation System[, 
Newark-Newark International Airport-Elizabeth Transit Link] 
(including a connection from the Vince Lombardi Station to 
Saddlebrook), 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), a rail connection between Penn 
Station Newark and Broad Street Station, Newark, New York Penn 
Station Concourse, 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, and the equipment needed to operate revenue 
service associated with improvements made by the project. The 
project includes elements advanced with 100 percent non-Federal 
funds.
         *        *        *        *        *        *        *     

                           TITLE VI--RESEARCH

         *        *        *        *        *        *        *     

              [PART B--INTELLIGENT TRANSPORTATION SYSTEMS

[SEC. 6051. SHORT TITLE.

  [This part may be cited as the ``Intelligent Transportation 
Systems Act of 1991''.

[SEC. 6052. ESTABLISHMENT AND SCOPE OF PROGRAM.

  [(a) Establishment.--Subject to the provisions of this part, 
the Secretary shall conduct a program to research, develop, and 
operationally test intelligent transportation systems and 
promote implementation of such systems as a component of the 
Nation's surface transportation systems.
  [(b) Goals.--The goals of the program to be carried out under 
this part shall include, but not be limited to--
          [(1) the widespread implementation of intelligent 
        transportation systems to enhance the capacity, 
        efficiency, and safety of the Federal-aid highway 
        system and to serve as an alternative to additional 
        physical capacity of the Federal-aid highway system;
          [(2) the enhancement, through more efficient use of 
        the Federal-aid highway system, of the efforts of the 
        several States to attain air quality goals established 
        pursuant to the Clean Air Act;
          [(3) the enhancement of safe and efficient operation 
        of the Nation's highway systems with a particular 
        emphasis on aspects of systems that will increase 
        safety and identification of aspects of the system that 
        may degrade safety;
          [(4) the development and promotion of intelligent 
        transportation systems and an intelligent 
        transportation systems industry in the United States, 
        using authority provided under section 307 of title 23, 
        United States Code;
          [(5) the reduction of societal, economic, and 
        environmental costs associated with traffic congestion;
          [(6) the enhancement of United States industrial and 
        economic competitiveness and productivity by improving 
        the free flow of people and commerce and by 
        establishing a significant United States presence in an 
        emerging field of technology;
          [(7) the development of a technology base for 
        intelligent transportation systems and the 
        establishment of the capability to perform 
        demonstration experiments, using existing national 
        laboratory capabilities where appropriate; and
          [(8) the facilitation of the transfer of 
        transportation technology from national laboratories to 
        the private sector.

[SEC. 6053. GENERAL AUTHORITIES AND REQUIREMENTS.

  [(a) Cooperation.--In carrying out the program under this 
part, the Secretary shall foster use of the program as a key 
component of the Nation's surface transportation systems and 
strive to transfer federally owned or patented technology to 
State and local governments and the United States private 
sector. As appropriate, in carrying out the program under this 
part, the Secretary shall consult with the Secretary of 
Commerce, the Administrator of the Environmental Protection 
Agency, the Director of the National Science Foundation, and 
the heads of other interested Federal departments and agencies 
and shall maximize the involvement of the United States private 
sector, colleges and universities, and State and local 
governments in all aspects of the program, including design, 
conduct (including operations and maintenance), evaluation, and 
financial or in-kind participation.
  [(b) Standards.--The Secretary shall develop and implement 
standards and protocols to promote the widespread use and 
evaluation of intelligent transportation systems technology as 
a component of the Nation's surface transportation systems. To 
the extent practicable, such standards and protocols shall 
promote compatibility among intelligent transportation systems 
technologies implemented throughout the States. In carrying out 
this subsection, the Secretary may use the services of such 
existing standards-setting organizations as the Secretary 
determines appropriate.
  [(c) Evaluation Guidelines.--The Secretary shall establish 
guidelines and requirements for the evaluation of field and 
related operational tests carried out pursuant to section 6055. 
Any survey, questionnaire, or interview which the Secretary 
considers necessary to carry out the evaluation of such tests 
shall not be subject to the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).
  [(d) Information Clearinghouse.--
          [(1) Establishment.--The Secretary shall establish 
        and maintain a repository for technical and safety data 
        collected as a result of federally sponsored projects 
        carried out pursuant to this part and shall make, upon 
        request, such information (except for proprietary 
        information and data) readily available to all users of 
        the repository at an appropriate cost.
          [(2) Delegation of authority.--The Secretary may 
        delegate the responsibility of the Secretary under this 
        subsection, with continuing oversight by the Secretary, 
        to an appropriate entity not within the Department of 
        Transportation. If the Secretary delegates such 
        responsibility, the entity to which such responsibility 
        is delegated shall be eligible for Federal assistance 
        under this part.
  [(e) Advisory Committees.--The Secretary may utilize one or 
more advisory committees in carrying out this part. Any 
advisory committee so utilized shall be subject to the Federal 
Advisory Committee Act. Funding provided for any such committee 
shall be available from moneys appropriated for advisory 
committees as specified in relevant appropriations Acts and 
from funds allocated for research, development, and 
implementation activities in connection with the intelligent 
transportation systems program under this part.

[SEC. 6054. STRATEGIC PLAN, IMPLEMENTATION, AND REPORT TO CONGRESS.

  [(a) Strategic Plan.--
          [(1) Development and implementation.--Not later than 
        1 year after the date of the enactment of this Act, the 
        Secretary shall develop, submit to Congress, and 
        commence implementation of a plan for the intelligent 
        transportation systems program.
          [(2) Scope.--The plan shall--
                  [(A) specify the goals, objectives, and 
                milestones of the intelligent transportation 
                systems program and how specific projects 
                relate to the goals, objectives, and 
                milestones, including consideration of the 5- 
                10- and 20-year timeframes for the goals and 
                objectives;
                  [(B) detail the status of and challenges and 
                nontechnical constraints facing the program;
                  [(C) establish a course of action necessary 
                to achieve the program's goals and objectives;
                  [(D) provide for the development of standards 
                and protocols to promote and ensure 
                compatibility in the implementation of 
                intelligent transportation systems 
                technologies; and
                  [(E) provide for the accelerated use of 
                advanced technology to reduce traffic 
                congestion along heavily populated and traveled 
                corridors.
  [(b) Intelligent Transportation Systems.--The Secretary shall 
develop an automated highway and vehicle prototype from which 
future fully automated intelligent transportation systems can 
be developed. Such development shall include research in human 
factors to ensure the success of the man-machine relationship. 
The goal of this program is to have the first fully automated 
roadway or an automated test track in operation by 1997. This 
system shall accommodate installation of equipment in new and 
existing motor vehicles.
  [(c) Implementation Reports.--
          [(1) In general.--Not later than 2 years after the 
        date of the enactment of this Act, and annually 
        thereafter, the Secretary shall submit to Congress a 
        report on implementation of the plan developed under 
        subsection (a).
          [(2) Scope of implementation reports.--In preparing 
        reports under this subsection, the Secretary shall--
                  [(A) analyze the possible and actual 
                accomplishments of intelligent transportation 
                systems projects in achieving congestion, 
                safety, environmental, and energy conservation 
                goals and objectives of the program;
                  [(B) specify cost-sharing arrangements made, 
                including the scope and nature of Federal 
                investment, in any research, development, or 
                implementation project under the program;
                  [(C) assess nontechnical problems and 
                constraints identified as a result of each such 
                implementation project; and
                  [(D) include, if appropriate, any 
                recommendations of the Secretary for 
                legislation or modification to the plan 
                developed under subsection (a).
  [(d) Nontechnical Constraints.--
          [(1) Report to congress.--In cooperation with the 
        Attorney General and the Secretary of Commerce, the 
        Secretary shall prepare and submit, not later than 2 
        years after the date of the enactment of this Act, a 
        report to Congress addressing the nontechnical 
        constraints and barriers to implementation of the 
        intelligent transportation systems program.
          [(2) Scope of report.--The report shall--
                  [(A) address antitrust, privacy, educational 
                and staffing needs, patent, liability, 
                standards, and other constraints, barriers, or 
                concerns relating to the intelligent 
                transportation systems program;
                  [(B) recommend legislative and administrative 
                actions necessary to further the program; and
                  [(C) address ways to further promote industry 
                and State and local government involvement in 
                the program.
          [(3) Update of report.--Not later than 5 years after 
        the date of the enactment of this Act, the Secretary 
        shall prepare and submit to Congress an update of the 
        report under this subsection.
  [(e) Collaborative Research and Development.--In carrying out 
this part, the Secretary may carry out collaborative research 
and development in accordance with section 307(a)(2) of title 
23, United States Code.

[SEC. 6055. TECHNICAL, PLANNING, AND OPERATIONAL TESTING PROJECT 
                    ASSISTANCE.

  [(a) Technical Assistance and Information.--The Secretary may 
provide planning and technical assistance and information to 
State and local governments seeking to use and evaluate 
intelligent transportation systems technologies. In doing so, 
the Secretary shall assist State and local officials in 
developing plans for areawide traffic management control 
centers, necessary laws pertaining to establishment and 
implementation of such systems, and plans for infrastructure 
for such systems and in conducting other activities necessary 
for the intelligent transportation systems program.
  [(b) Planning Grants.--The Secretary may make grants to State 
and local governments for feasibility and planning studies for 
development and implementation of intelligent transportation 
systems. Such grants shall be made at such time, in such 
amounts, and subject to such conditions as the Secretary may 
determine.
  [(c) Eligibility of Certain Traffic Management Entities.--Any 
interagency traffic and incident management entity, including 
independent public authorities or agencies, contracted by a 
State department of transportation for implementation of a 
traffic management system for a designated corridor is eligible 
to receiveFederal assistance under this part through the State 
department of transportation.
  [(d) Operational Testing Projects.--The Secretary may make 
grants to non-Federal entities, including State and local 
governments, universities, and other persons, for operational 
tests relating to intelligent transportation systems. In 
deciding which projects to fund under this subsection, the 
Secretary shall--
          [(1) give the highest priority to those projects 
        that--
                  [(A) will contribute to the goals and 
                objectives specified in plan developed under 
                section 6054; and
                  [(B) will minimize the relative percentage of 
                Federal contributions (excluding funds 
                apportioned under section 104 of title 23, 
                United States Code) to total project costs;
          [(2) seek to fund operational tests that advance the 
        current state of knowledge and, where appropriate, 
        build on successes achieved in previously funded work 
        involving such systems; and
          [(3) require that operational tests utilizing Federal 
        funds under this part have a written evaluation of the 
        intelligent transportation systems technologies 
        investigated and of the results of the investigation 
        which is consistent with the guidelines developed 
        pursuant to section 6053(c).
  [(e) Authority To Use Funds.--Each State and eligible local 
entity is authorized to use funds provided under this part for 
implementation purposes in connection with the intelligent 
transportation systems program.

[SEC. 6056. APPLICATIONS OF TECHNOLOGY.

  [(a) ITS Corridors Program.--The Secretary shall designate 
transportation corridors in which application of intelligent 
transportation systems will have particular benefit and, 
through financial and technical assistance under this part, 
shall assist in the development and implementation of such 
systems.
  [(b) Priorities.--In providing funding for corridors under 
this section, the Secretary shall allocate not less than 50 
percent of the funds made available to carry out this section 
to eligible State or local entities for application of 
intelligent transportation systems in not less than 3 but not 
more than 10 corridors with the following characteristics:
          [(1) Traffic density (as a measurement of vehicle 
        miles traveled per highway mile) at least 1.5 times the 
        national average for such class of highway.
          [(2) Severe or extreme nonattainment for ozone under 
        the Clean Air Act, as determined by the Administrator 
        of the Environmental Protection Agency.
          [(3) A variety of types of transportation facilities, 
        such as highways, bridges, tunnels, and toll and 
        nontoll facilities.
          [(4) Inability to significantly expand capacity of 
        existing surface transportation facilities.
          [(5) A significant mix of passenger, transit, and 
        commercial motor carrier traffic.
          [(6) Complexity of traffic patterns.
          [(7) Potential contribution to the implementation of 
        the Secretary's plan developed under section 6054.
  [(c) Other Corridors and Areas.--After the allocation 
pursuant to subsection (b), the balance of funds made available 
to carry out this section shall be allocated to eligible State 
and local entities for application of intelligent 
transportation systems in corridors and areas where the 
application of such systems and associated technologies will 
make a potential contribution to the implementation of the 
Secretary's plan for the intelligent transportation systems 
program under section 6054 and demonstrate benefits related to 
any of the following:
          [(1) Improved operational efficiency.
          [(2) Reduced regulatory burden.
          [(3) Improved commercial productivity.
          [(4) Improved safety.
          [(5) Enhanced motorist and traveler performance.
Such corridors and areas may be in both urban and rural areas 
and may be interstate and intercity corridors. Urban corridors 
shall have a significant number of the characteristics set 
forth in subsection (b).

[SEC. 6057. COMMERCIAL MOTOR VEHICLE SAFETY TECHNOLOGY.

  [(a) Study.--The Secretary shall conduct a study to evaluate 
technology which is designed for installation on a commercial 
motor vehicle to provide the individual operating the vehicle 
with a warning if a turn, lane change, or other intended 
movement of the vehicle by the operator will place the vehicle 
in the path of an adjacent object or vehicle.
  [(b) Report.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall transmit to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report containing findings and 
recommendations concerning the study conducted under this 
section.

[SEC. 6058. FUNDING.

  [(a) ITS Corridors Program.--There is authorized to be 
appropriated to the Secretary for carrying out section 6056, 
out of the Highway Trust Fund (other than the Mass Transit 
Account), $71,000,000 for fiscal year 1992 and $86,000,000 per 
fiscal year for each of fiscal years 1993 through 1997. In 
addition to amounts made available by subsection (b), any 
amounts authorized by this subsection and not allocated by the 
Secretary for carrying out section 6056 for fiscal years 1992 
and 1993 may be used by the Secretary for carrying out other 
activities authorized under this part.
  [(b) Other ITS Activities.--There is authorized to be 
appropriated to the Secretary for carrying out this part (other 
than section 6056), out of the Highway Trust Fund (other than 
the Mass Transit Account), $23,000,000 for fiscal year 1992 and 
$27,000,000 per fiscal year for each of fiscal years 1993 
through 1997.
  [(c) Reservation of Funds.--Of the funds made available 
pursuant to subsection (a), not less than 5 percent shall only 
be available for innovative, high-risk operational or 
analytical tests that do not attract substantial non-Federal 
commitments but are determined by the Secretary as having 
significant potential to help accomplish long-term goals 
established by the plan developed pursuant to section 6054.
  [(d) Federal Share Payable.--The Federal share payable on 
account of activities carried out under section 6056, as well 
as operational test activities carried out under this part 
(other than section 6056), shall not exceed 80 percent of the 
cost of such activities. The Secretary shall seek maximum 
private participation in the funding of such activities.
  [(e) Applicability of Title 23.--Funds authorized by this 
section shall be available for obligation in the same manner as 
if such funds were apportioned under chapter 1 of title 23, 
United States Code; except that the Federal share of the cost 
of any activity under this section shall be determined in 
accordance with this section and such funds shall remain 
available for obligation in accordance with this section. Such 
funds shall be subject to the obligation limitation imposed by 
section 102 of this Act.
  [(f) Obligation of Funds.--
          [(1) In general.--Funds made available pursuant to 
        subsections (a) and (b) on or after the date of the 
        enactment of this subsection and other funds made 
        available on or after that date to carry out specific 
        intelligent transportation systems projects shall be 
        obligated not later than the last day of the fiscal 
        year following the fiscal year for which the funds are 
        made available. Funds made available pursuant to 
        subsections (a) and (b) before such date of enactment 
        shall remain available until expended.
          [(2) Reallocation of funds.--If funds described in 
        paragraph (1) are not obligated by the date described 
        in the paragraph, the Secretary may make the funds 
        available to carry out any other project with respect 
        to which funds may be made available under subsection 
        (a) or (b).

[SEC. 6059. DEFINITIONS.

  [For the purposes of this part, the following definitions 
apply:
          [ITS.--The term ``intelligent transportation 
        systems'' means the development or application of 
        electronics, communications, or information processing 
        (including advanced traffic management systems, 
        commercial vehicle operations, advanced traveler 
        information systems, commercial and advanced vehicle 
        control systems, advanced public transportation 
        systems, satellite vehicle tracking systems, and 
        advanced vehicle communications systems) used singly or 
        in combination to improve the efficiency and safety of 
        surface transportation systems.
          [(2) Corridor.--The term ``corridor'' means any major 
        transportation route which includes parallel limited 
        access highways, major arterials, or transit lines; 
        and, with regard to traffic incident management, such 
        term may include more distant transportation routes 
        that can serve as viable options to each other in the 
        event of traffic incidents.
          [(3) State.--The term ``State'' has the meaning such 
        term has under section 101 of title 23, United States 
        Code.]
         *        *        *        *        *        *        *     
                              ----------                              


    SECTION 146 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982

                           [lane restrictions

  [Sec. 146. The State of California shall not restrict or 
require the restriction of the use of any lane on any Federal-
aid highway in the unincorporated areas of Alameda County, 
California, to high occupancy vehicles, exclusive of approaches 
to controlled access highways, toll roads, or bridges.]
                              ----------                              


   SECTION 407 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

SEC. 407. OWNERSHIP OF BRIDGE.

  [(a) Conveyance by Secretary.--
          [(1) In general.--After execution of the agreement 
        under subsection (c), the Secretary shall convey to the 
        Authority all right, title, and interest of the United 
        States in and to the Bridge, including such related 
        riparian rights and interests in land underneath the 
        Potomac River as are necessary to carry out the 
        Project. Except as provided in paragraph (2), upon 
        conveyance by the Secretary, the Authority shall accept 
        the right, title, and interest in and to the Bridge and 
        all duties and responsibilities associated with the 
        Bridge.]
  (a) Conveyances.--
          (1) Conveyance to states and district of columbia.--
                  (A) General authority.--Not later than 60 
                days after the date of the enactment of this 
                subparagraph, the Secretary shall convey to the 
                State of Virginia, the State of Maryland, and 
                the District of Columbia all right, title, and 
                interest of the United States in and to the 
                Bridge, including such related riparian rights 
                and interests in land underneath the Potomac 
                River as are necessary to carry out the 
                project.
                  (B) Acceptance of title.--Except as provided 
                in paragraph (3), upon conveyance by the 
                Secretary, the State of Virginia, the State of 
                Maryland, and the District of Columbia shall 
                accept the right, title, and interest in and to 
                the Bridge.
                  (C) Consolidation of jurisdiction.--For the 
                purpose of making the conveyance under this 
                paragraph, the Secretary of the Interior and 
                the head of any other Federal department or 
                agency that has jurisdiction over the land 
                adjacent to the Bridge shall transfer such 
                jurisdiction to the Secretary.
                  (D) Funds allocated.--No funds made available 
                for the high cost Interstate System 
                reconstruction and improvement program under 
                section 160 of title 23, United States Code, 
                may be allocated for the Bridge before the 
                State of Virginia, the State of Maryland, and 
                the District of Columbia accept right, title, 
                and interest in and to the Bridge under this 
                paragraph.
          (2) Conveyance to authority.--After execution of the 
        agreement under subsection (c), the State of Virginia, 
        State of Maryland, and the District of Columbia shall 
        convey to the Authority their respective rights, 
        titles, and interests in and to the Bridge, including 
        such related riparian rights and interests in land 
        underneath the Potomac River as are necessary to carry 
        out the Project. Except as provided in paragraph (3), 
        upon conveyance by the Secretary, the Authority shall 
        accept the right, title, and interest in and to the 
        Bridge and all duties and responsibilities associated 
        with the Bridge.
          [(2)] (3) Interim responsibilities.--Until such time 
        as the Project is constructed and operational, the 
        [conveyance under paragraph (1)] conveyance under this 
        subsection shall not--
                  (A) * * *
         *        *        *        *        *        *        *     
                              ----------                              


                         ACT OF APRIL 27, 1962

   AN ACT To provide for the annual audit of bridge commissions and 
authorities created by Act of Congress, for the filling of vacancies in 
             the membership thereof, and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That (a) 
each bridge commission and authority created by Act of Congress 
shall provide for an annual audit of its financial transactions 
by an independent public accountant of recognized standing in 
such manner as prescribed by the Governors of the States 
concerned and in accordance with generally accepted auditing 
standards. Each such commission and authority shall make 
available for such purposes all books, accounts, financial 
records, reports, files, and all other papers, documents, or 
property belonging to or in use by such commission or 
authority. The General Accounting Office is authorized and 
directed to make available its advice on any matter pertaining 
to an audit performed pursuant to this section.
  [(b) The commission or authority within four months following 
the close of the fiscal year for which the audit is made shall 
submit a copy of the audit report to the Governors of the 
States concerned and to the Secretary of Commerce. The report 
shall set forth the scope of the audit and shall include a 
statement of assets and liabilities, capital, and surplus or 
deficits; a statement of surplus or deficit analysis, a 
statement of income and expense; a statement of sources and 
application of funds; and such comments and information as may 
be deemed necessary to keep the Governors of the States 
concerned and the Secretary of Commerce informed of the 
operations and financial condition of the commission.
  [(c) The Governor of either State concerned or the Secretary 
of Commerce is authorized to provide for the conduct of further 
audits of any bridge commission or authority created by Act of 
Congress if the audit report submitted under subsection (b) is 
not satisfactory to said Governor or to the Secretary of 
Commerce, respectively.
  [(d) The commission or authority shall bear all expenses of 
the annual audit of its financial transactions as required by 
this section. All expenses of any additional audit required 
under this section shall be paid by the official or agency 
requesting such additional audit.
  [Sec. 2. (a) Each person who is a member, on the date of 
enactment of this Act, of a bridge commission or authority 
created by Act of Congress shall continue in office until the 
expiration of his present term except as provided under 
subsection (b) of this section.
  [(b)(1) Except as provided in paragraph (2) of this 
subsection, where provision is made in the Act creating a 
bridge commission or authority for membership thereon without 
limitation as to length of term of office, the Secretary of 
Commerce shall, on or before the expiration of ninety days 
after the date of this Act, reappoint not more than one-third 
of the persons who are members of such bridge commission or 
authority on the date of enactment of this Act as members of 
such bridge commission or authority for a term of two years 
from the date of reappointment, reappoint not more than one-
third of the members of such bridge commission or authority for 
a term of four years, and reappoint the remaining members for a 
term of six years. Thereafter, the term of each member 
appointed to such commission or authority shall be six years, 
except when an appointment is made to fill an unexpired term or 
when an incumbent member whose term has expired holds over 
until his successor is appointed, and vacancies shall be filled 
as provided under subsection (c) of this section.
  [(2) Notwithstanding any other provision of law, the term of 
office of each person who is a member of the White County 
Bridge Commission, created by the Act approved April 12, 1941 
(55 Stat. 140), on the date of enactment of this Act shall 
expire on the ninetieth day after such date of enactment. The 
Secretary of Commerce may thereupon appoint three persons as 
members of the commission, one for a term of two years, one for 
a term of four years, and one for a term of six years. Each 
person appointed as a member of the commission there after 
shall be appointed for a term of six years, except that a 
person appointed to fill a vacancy shall serve only for the 
unexpired term of his predecessor. Each person appointed under 
this subsection shall give such bond as may be fixed by the 
Secretary of Commerce, conditioned upon the faithful 
performance of all duties required by this Act. The cost of 
such bonds shall be deemed an operating expense of the 
commission. The Secretary of Commerce shall designate the 
member of the commission who shall serve as chairman and the 
member who shall serve as vice chairman. Vacancies in the 
commission shall not affect its powers, and shall be filled in 
the same manner as the original appointments were made. The 
commission shall have power to establish rules and regulations 
for the government of its business.
  [(c) A vacancy in the membership of any bridge commission or 
authority to which this Act is applicable occurring by reason 
of expiration of term, failure to qualify as a member, death, 
removal from office, resignation, or otherwise, shall be filled 
by the Secretary of Commerce. Incumbent members whose terms 
have expired shall hold over in office until their successors 
are appointed and qualified.
  [(d) Each member appointed under this Act shall qualify 
within thirty days after appointment by filing with the 
Secretary of Commerce an oath that he will faithfully perform 
the duties imposed upon him by law.
  [(e) Each member appointed under this Act shall be removable 
for cause by the Secretary of Commerce.
  [(f) This section shall not be applicable to ex officio 
members or State highway department members of such bridge 
commissions or authorities.
  [Sec. 3. Each bridge commission and authority created by Act 
of Congress shall submit an annual report, covering its 
operations and fiscal transactions during the preceding fiscal 
year, its financial condition and a statement of all receipts 
and expenditures during such period, to the Governors of the 
States concerned and to the Secretary of Commerce not later 
than four months following the close of the fiscal year for 
which the audit required under section 1 of this Act is made. 
The Secretary of Commerce shall review such annual reports and 
audit reports submitted under section 1(b) of this Act and 
shall make recommendations to the Congress based upon such 
review, or take such other action as he may consider necessary, 
to effectuate the intent of the Congress as established by this 
Act or by the Act under which the individual bridge commission 
or authority was created.
  [Sec. 4. Authority is hereby granted to transfer all 
functions, powers, duties, responsibilities, authority, assets, 
liability, obligations, books, records, property, and equipment 
of any existing bridge commission or authority created by Act 
of Congress to the highway department or other agency the State 
or States concerned, or to joint agencies established by 
interstate compact or agreement. Such transfer shall be carried 
out in a manner as may be prescribed or authorized by the laws 
of the State or States concerned. Upon such transfer, such 
bridge commission or authority shall cease to exist.
  [Sec. 5. (a) All provisions of Acts of Congress creating 
bridge commissions or authorities may be enforced or the 
violation thereof prevented by mandamus, injunction, or other 
appropriate remedy by the chief legal officer of either State 
concerned, in any court having competent jurisdiction of the 
subject matter and of the parties. The following provisions of 
law are hereby repealed:
  [Section 11 of the Act approved October 30, 1951 (65 Stat. 
699);
  [Section 15 of the Act approved July 26, 1956 (70 Stat. 676);
  [Section 12 of the Act approved April 12, 1941 (55 Stat. 
144).
  [(b) Members and employees of bridge commissions and 
authorities created by Act of Congress shall not be deemed to 
be Federal officers and employees.
  [(c) The members of such bridge commissions and authorities 
shall each be entitled to a per diem compensation for their 
services of $20 for each day actually spent in the business of 
the commission or authority, but the maximum per diem 
compensation of the chairman in any one year shall not exceed 
$3,000, and of each other member in any one year shall not 
exceed $2,000. The members of such commissions and authorities 
shall also be entitled to receive traveling expense allowance 
of 12 cents a mile for each mile actually traveled on the 
business of the commission or authority.
  [Payments under the provisions of this subsection shall be in 
lieu of any other payments for salary or expenses authorized 
for service as a member of any such commission or authority 
under the provisions of any other Federal law relating to such 
commission or authority, but nothing in this subsection shall 
affect any other Federal law with respect to the funds from 
which any such payments shall be made.
  [This subsection shall not apply to any bridge or causeway 
commission or authority created by an Act of Congress, the 
entire membership of which is ex officio.
  [Sec. 6. The provisions of this Act shall apply only to the 
following bridge commissions and authority:
          [(1) Arkansas-Mississippi Bridge Commission, created 
        by the Act approved May 17, 1939 (53 Stat. 747);
          [(2) White County Bridge Commission, created by the 
        Act approved April 12, 1941 (55 Stat. 140);
          [(3) City of Clinton Bridge Commission, created by 
        the Act approved December 21, 1944 (58 Stat. 846)
          [(4) Sabine Lake Bridge and Causeway Authority, 
        created by the Act approved October 30, 1951 (65 Stat. 
        695); and
          [(5) Muscatine Bridge Commission, created by the Act 
        approved July 26, 1956 (70 Stat. 669).
  [Sec. 7. If any provision of this Act, or the application of 
such pro vision to any person or circumstance, is held invalid, 
the remainder of the Act, or the application of such provision 
to persons or circumstances other than those as to which it is 
held invalid, shall not be thereby.]
                              ----------                              


                      TITLE 49, UNITED STATES CODE

         *        *        *        *        *        *        *     

                SUBTITLE I--DEPARTMENT OF TRANSPORTATION

         *        *        *        *        *        *        *     

                        CHAPTER 1--ORGANIZATION

         *        *        *        *        *        *        *     

Sec. 111. Bureau of Transportation Statistics

  (a) * * *
  (b) Director.--
          (1) * * *
         *        *        *        *        *        *        *     
          (4) Term.--The term of the Director shall be 4 years. 
        [The term of the first Director to be appointed shall 
        begin on the 180th day after December 18, 1991.] The 
        Director maycontinue to serve after the expiration of 
the term until a successor is appointed and confirmed.
         *        *        *        *        *        *        *     
  (c) Responsibilities.--The Director of the Bureau shall be 
responsible for carrying out the following duties:
          (1) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of 
        transportation statistics to provide timely summaries 
        and totals (including industrywide aggregates and 
        multiyear averages) of transportation-related 
        information. Such statistics shall be suitable for 
        conducting cost-benefit studies (including comparisons 
        among individual transportation modes and intermodal 
        transport systems) and shall include information on--
                  (A) * * *
         *        *        *        *        *        *        *     
                  (J) collateral damage to the human and 
                natural environment; [and]
                  (K) the condition of the transportation 
                system[.]; and
                  (L) transportation-related variables 
                influencing global competitiveness.
          (2) Implementing long-term data collection program.--
        Establishing and implementing, in cooperation with the 
        modal administrators, the States, and other Federal 
        officials a comprehensive, long-term program for the 
        collection and analysis of data relating to the 
        performance of the [national transportation system] 
        Nation's transportation systems. Such program shall--
                  [(A) be coordinated with efforts to develop 
                performance indicators for the national 
                transportation system undertaken pursuant to 
                section 307(b)(3) of title 23, United States 
                Code;]
                  (A) be coordinated with efforts to measure 
                outputs and outcomes of the Department of 
                Transportation and the Nation's transportation 
                systems under the Government Performance and 
                Results Act of 1993 (107 Stat. 285 et seq.);
                  (B) ensure that data is collected under this 
                subsection in a manner which will maximize the 
                ability to compare data from different regions 
                and for different time periods; and
                  (C) ensure that data collected under this 
                subsection is controlled for accuracy, made 
                relevant to the States and metropolitan 
                planning organizations, and disseminated to the 
                States and other interested parties.
          (3) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of 
        Transportation required for statistics to be compiled 
        under paragraph (1) in order to ensure that such 
        information is accurate, reliable, relevant, and in a 
        form that permits systematic analysis. 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 
        (107 Stat. 285 et seq.), and shall undertake such other 
        reviews as may be requested by the Secretary.
         *        *        *        *        *        *        *     
          (7) Supporting transportation decisionmaking.--
        Ensuring that the statistics compiled under paragraph 
        (1) are relevant for transportation decisions by 
        Federal, State, and local governments, transportation-
        related associations, private businesses, and 
        consumers.
  (d) Intermodal Transportation Data Base.--The Director shall 
establish and maintain an intermodal transportation data base. 
The data base shall be suitable for analyses conducted by the 
Federal Government, the States, and metropolitan planning 
organizations. The data base shall include, at a minimum--
          (1) information on the volumes and patterns of 
        movement of goods, including local, interregional, and 
        international movements, by all modes of transportation 
        and intermodal combinations, and by relevant 
        classification;
          (2) information on the volumes and patterns of 
        movement of people, including local, interregional, and 
        international movements, by all modes of transportation 
        and intermodal combinations, and by relevant 
        classification; and
          (3) information on the location and connectivity of 
        transportation facilities and services and a national 
        accounting of expenditures and capital stocks on each 
        mode of transportation and intermodal combinations.
  (e) National Transportation Library.--The Director shall 
establish and maintain a national transportation library 
containing a collection of statistical and other information 
needed for transportation decisionmaking at the Federal, State, 
and local levels.
  (f) National Transportation Atlas Data Base.--The Director 
shall develop and maintain geographic data bases depicting 
transportation networks; flows of people, goods, vehicles, and 
craft over those networks; and social, economic, and 
environmental conditions affecting or affected by those 
networks. These data bases shall be able to support intermodal 
network analysis.
  (g) Research and Development Grants.--The Secretary may make 
grants to, or enter into cooperative agreements or contracts 
with, public and nonprofit private entities to support the 
programs and activities of the Bureau.
  [(d)] (h) Limitations on Statutory Construction.--Nothing in 
this section shall be construed--
          (1) * * *
         *        *        *        *        *        *        *     
  [(e) Prohibition on Certain Disclosures.--Information 
compiled by the Bureau shall not be disclosed publicly in a 
manner that would reveal the personal identity of any 
individual, consistent with the Privacy Act of 1974 (5 U.S.C. 
552a), or to reveal trade secrets or allow commercial or 
financial information provided by any person to be identified 
with such person.]
  (i) Prohibition on Certain Disclosures.--
          (1) Information obtained under long-term data 
        collection program.--An officer or employee of the 
        Bureau may not--
                  (A) make any publication in which the data 
                furnished by an individual or organization 
                under paragraph (c)(2) can be identified;
                  (B) use the information furnished under the 
                provisions of subsection (c)(2) for a 
                nonstatistical purpose; or
                  (C) permit anyone other than the individuals 
                authorized by the Director to examine 
                individual reports furnished under subsection 
                (c)(2).
          (2) Copies of reports.--No department, bureau, 
        agency, officer, or employee of the United States, 
        except the Director in carrying out the purpose of this 
        section, shall require, for any reason, copies of 
        reports which have been filed under subsection (c)(2) 
        with the Bureau or retained by any individual 
        respondent. Copies of such reports which have been so 
        retained or filed with the Bureau or any of its 
        employees, contractors, or agents shall be immune from 
        legal process, and shall not, without the consent of 
        the individual concerned, be admitted as evidence or 
        used for any purpose in any action, suit, or other 
        judicial or administrative proceeding. This paragraph 
        shall only apply to information that permits 
        information concerning an individual or organization to 
        be reasonable inferred by direct or indirect means.
          (3) Collection of data for nonstatistical purposes.--
        In a case in which the Bureau is authorized by statute 
        to collect data or information for nonstatistical 
        purposes, the Director shall clearly distinguish the 
        collection of such data or information by rule, and on 
        the collection instrument, to inform a respondent 
        requested or required to supply the data or information 
        of the nonstatistical purposes.
  [(f)] (j) Transportation Statistics Annual Report.--On or 
before January 1, 1994, and annually thereafter, the Director 
shall transmit to the President and Congress a Transportation 
Statistics Annual Report which shall include information on 
items referred to in subsection (c)(1), documentation of 
methods used to obtain and ensure the quality of the statistics 
presented in the report, and recommendations for improving 
transportation statistical information.
  [(g) Performance of Functions of Director Pending 
Confirmation.--An individual who, on December 18, 1991, is 
performing any function required by this section to be 
performed by the Director may continue to perform such function 
until such function is undertaken by the Director.]
  (k) Data Product Sales Proceeds.--Notwithstanding section 
3302 of title 31, United States Code, funds received by the 
Bureau from the sale of data products may be credited to the 
Highway Trust Fund (other than the Mass Transit Account) and 
shall be available for the purpose of reimbursing the Bureau 
for such expenses.
  (l) Funding.--
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated out of the Highway Trust 
        Fund (other than the Mass Transit Account) $31,000,000 
        for each of fiscal years 1998 through 2003 to carry out 
        this section, except that amounts for activities under 
        subsection (g) may not exceed$500,000 in any fiscal 
year. Amounts made available under this subsection shall remain 
available for a period of 3 fiscal years.
          (2) 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.
         *        *        *        *        *        *        *     

                      CHAPTER 5--SPECIAL AUTHORITY

         *        *        *        *        *        *        *     

                    SUBCHAPTER I--DUTIES AND POWERS

         *        *        *        *        *        *        *     

Sec. 504. Reports and records

  (a) * * *
         *        *        *        *        *        *        *     
  (c) The Secretary, or an employee designated by the Secretary 
(and, in the case of a motor carrier, a contractor), may on 
demand and display of proper credentials--
          (1) * * *
         *        *        *        *        *        *        *     

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

         *        *        *        *        *        *        *     

            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

         *        *        *        *        *        *        *     

Sec. 5113. Unsatisfactory safety rating

  [(a) Prohibited Transportation.--A motor carrier receiving an 
unsatisfactory safety rating from the Secretary of 
Transportation has 45 days to improve the rating to conditional 
or satisfactory. Beginning on the 46th day and until the motor 
carrier receives a conditional or satisfactory rating, a motor 
carrier not having received a conditional or satisfactory 
rating during the 45-day period may not operate a commercial 
motor vehicle (as defined in section 31132 of this title)--
          [(1) to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under this chapter; or
          [(2) to transport more than 15 individuals.
  [(b) Rating Review.--The Secretary shall review the factors 
that resulted in a motor carrier receiving an unsatisfactory 
rating not later than 30 days after the motor carrier requests 
a review.
  [(c) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use a 
motor carrier that has an unsatisfactory rating from the 
Secretary--
          [(1) to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under this chapter; or
          [(2) to transport more than 15 individuals.
  [(d) Public Availability and Updating of Ratings.--The 
Secretary, in consultation with the Interstate Commerce 
Commission, shall prescribe regulations amending the motor 
carrier safety regulations in subchapter B of chapter III of 
title 49, Code of Federal Regulations, to establish a system to 
make readily available to the public, and update periodically, 
the safety ratings of motor carriers that have unsatisfactory 
ratings from the Secretary.]
  See section 31144.
         *        *        *        *        *        *        *     

Sec. 5117. Exemptions and exclusions

  (a) * * *
         *        *        *        *        *        *        *     
  (d) Exclusions.--(1) * * *
  (2) This chapter and regulations prescribed under this 
chapter [do not prohibit]--
          (A) do not prohibit or regulate transportation of a 
        firearm (as defined in section 232 of title 18), or 
        ammunition for a firearm, by an individual for personal 
        use; [or]
          (B) do not prohibit transportation of a firearm or 
        ammunition in commerce[.]; or
          (C) do not prohibit a State 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 from a source of 
        supply to a farm, from a farm to another farm, from a 
        field to another field on a farm, or from the farm back 
        to the source of supply.
In granting any exception under subparagraph (C), a State must 
certify to the Secretary that such exception is in the public 
interest, the need for such exception, and that the State shall 
monitor the exception and take such measures necessary to 
ensure that safety is not compromised.
         *        *        *        *        *        *        *     
  (f) Agricultural Production Material Defined.--In this 
section, the term ``agricultural production material'' means--
          (1) ammonium nitrate fertilizer in a quantity that 
        does not exceed 16,094 pounds;
          (2) a pesticide in a quantity that does not exceed 
        502 gallons for liquids and 5,070 pounds for solids; 
        and
          (3) a diluted solution of water and pesticides or 
        fertilizer in a quantity that does not exceed 3,500 
        gallons.

                    CHAPTER 53--MASS TRANSPORTATION

Sec.
5301.  Policies, findings, and purposes.
         *        *        *        *        *        *        *     
[5307.  Block grants.
[5308.  Mass Transit Account block grants.]
5307.  Urbanized area formula grants.
5309.  [Discretionary] Capital program grants and loans.
5310.  [Grants] Formula grants and loans for special needs of elderly 
          individuals and individuals with disabilities.
5311.  [Financial assistance] Formula grant for other than urbanized 
          areas.
         *        *        *        *        *        *        *     
5315.  National [mass transportation] transit institute.
[5316.  University research institutes.
[5317.  Transportation centers.]
         *        *        *        *        *        *        *     
5334.  Administrative provisions.
         *        *        *        *        *        *        *     

[Sec. 5302. Definitions

  [(a) General.--In this chapter--
          [(1) ``capital project'' means a project for--
                  [(A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in 
                mass transportation, expenses incidental to the 
                acquisition or construction (including 
                designing, engineering, location surveying, 
                mapping, and acquiring rights of way), payments 
                for the capital portions of rail trackage 
                rights agreements, payments for the capital 
                portions of rail trackage rights agreements, 
                relocation assistance, acquiring replacement 
                housing sites, and acquiring, constructing, 
                relocating, and rehabilitating replacement 
                housing;
                  [(B) rehabilitating a bus that extends the 
                economic life of a bus for at least 5 years;
                  [(C) remanufacturing a bus that extends the 
                economic life of a bus for at least 8 years; or
                  [(D) overhauling rail rolling stock.
          [(2) ``chief executive officer of a State'' includes 
        the designee of the chief executive officer.
          [(3) ``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) of this title; and
                  [(B) prescribed by the Secretary of 
                Transportation 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'' 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'' 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 capability), 
        cannot use effectively, without special facilities, 
        planning, or design, mass transportation service or a 
        mass transportation facility.
          [(6) ``local governmental authority'' includes--
                  [(A) a political subdivision of a State;
                  [(B) an authority of at least one 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'' means transportation by 
        a conveyance that provides regular and continuing 
        general or special transportation to the public, but 
        does not include schoolbus, charter, or sightseeing 
        transportation.
          [(8) ``net project cost'' means the part of a project 
        that reasonably cannot be financed from revenues.
          [(9) ``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) ``regulation'' means any part of a statement of 
        general or particular applicability of the Secretary of 
        Transportation designed to carry out, interpret, or 
        prescribe law or policy in carrying out this chapter.
          [(11) ``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.
          [(12) ``urban area'' means an area that includes a 
        municipality or other built-up place that the Secretary 
        of Transportation, after considering local patterns and 
        trends of urban growth, decides is appropriate for a 
        local mass transportation system to serve individuals 
        in the locality.
          [(13) ``urbanized area'' means an area--
                  [(A) encompassing at least an urbanized area 
                within a State that the Secretary of Commerce 
                designates; and
                  [(B) designated an urbanized area within 
                boundaries fixed by State and local officials 
                and approved by the Secretary of 
                Transportation.
  [(b) Authority To Modify ``Handicapped Individual''.--The 
Secretary of Transportation by regulation may modify the 
definition of subsection (a)(5) of this section as it applies 
to section 5307(d)(1)(D) of this title.]

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 
                the Secretary prescribes limiting the leasing 
                arrangements to those that are more cost-
                effective than acquisition or construction; or
                  (G) a mass transportation improvement that 
                enhances economic development or incorporates 
                private investment (including commercial and 
                residential development and pedestrian and 
                bicycle access to a mass transportation 
                facility) because the improvement--
                          (i) enhances the effectiveness of a 
                        mass transportation project and is 
                        related physically or functionally to 
                        that mass transportation project or 
                        establishes new or enhanced 
                        coordination between mass 
                        transportation and other 
                        transportation; and
                          (ii) provides a fair share of revenue 
                        for mass transportation that will be 
                        used for mass transportation.
          (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) of this title; and
                  (B) prescribed by the Secretary of 
                Transportation 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 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 one 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) Preventive maintenance.--The term ``preventive 
        maintenance'' means a major activity intended to 
        improve or upgrade a transit vehicle or facility or 
        repair or replace a damaged, malfunctioning, overaged, 
        or outmoded transit vehicle or facility system, 
        subsystem, element, or component. Such term does not 
        include any activity of a routine or servicing nature, 
        such as checking and replenishing fluid levels, 
        adjusting settings on otherwise properly operating 
        components, washing and cleaning a transit vehicle or 
        facility, changing tires and wheels, or repairing 
        damage to a vehicle or facility caused by an accident.
          (11) Public transportation.--The term ``public 
        transportation'' means mass transportation.
          (12) Regulation.--The term ``regulation'' means any 
        part of a statement of general or particular 
        applicability of the Secretary of Transportation 
        designed to carry out, interpret, or prescribe law or 
        policy in carrying out this chapter.
          (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 the project, historic 
        preservation, rehabilitation, and operation of historic 
        mass transportation buildings, structures, and 
        facilities (including historic bus and railroad 
        facilities and canals); projects that enhance transit 
        safety and security; landscaping and other scenic 
        beautification and art in and around mass 
        transportation stations, facilities, bus shelters, 
        bridges, and buses; bicycle and pedestrian access to 
        mass transportation, including bicycle storage 
        facilities and installing equipment for transporting 
        bicycles on mass transportation vehicles; projects that 
        enhance access for the disabled to mass transportation; 
        and archaeological planning and research related to 
        mass transportation projects.
          (16) Urban area.--The term ``urban area'' means an 
        area that includes a municipality or other built-up 
        place that the Secretary of Transportation, 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 of 
                Transportation.
  (b) Authority To Modify ``Handicapped Individual''.--The 
Secretary of Transportation by regulation may modify the 
definition of subsection (a)(5) as it applies to section 
5307(d)(1)(D) of this title.

Sec. 5303. Metropolitan planning

  (a) * * *
  [(b) Plan and Program Factors.--In developing plans and 
programs under this section and sections 5304-5306 of this 
title, each metropolitan planning organization at least shall 
consider the following factors:
          [(1) preserving existing transportation facilities 
        and, where practical, ways to meet transportation needs 
        by using existing transportation facilities more 
        efficiently.
          [(2) the consistency of transportation planning with 
        United States Government, State, and local energy 
        conservation programs, goals, and objectives.
          [(3) the need to relieve congestion and prevent 
        congestion from occurring.
          [(4) the likely effect of transportation policy 
        decisions on land use and development and the 
        consistency of transportation plans and programs with 
        short- and long-term land use and development plans.
          [(5) programming expenditures on transportation 
        enhancement activities, as required under section 133 
        of title 23.
          [(6) the effects of all transportation projects to be 
        undertaken in the metropolitan area, without regard to 
        whether the projects are publicly financed.
          [(7) international border crossings and access to 
        ports, airports, intermodal transportation facilities, 
        major freight distribution routes, national parks, 
        recreation areas, monuments and historic sites, and 
        military installations.
          [(8) the need for connecting roads in the 
        metropolitan area with roads outside the area.
          [(9) the transportation needs identified by using the 
        management systems required by section 303 of title 23.
          [(10) preserving rights of way for constructing 
        future transportation projects, including identifying--
                  [(A) unused rights of way that may be needed 
                for future transportation corridors; and
                  [(B) corridors where action is needed most to 
                prevent destruction or loss.
          [(11) ways to enhance the efficient movement of 
        freight.
          [(12) using life-cycle costs in designing and 
        engineering bridges, tunnels, and pavement.
          [(13) the overall social, economic, energy, and 
        environmental effects of transportation decisions.
          [(14) ways to expand and enhance mass transportation 
        services and to increase usage of those services.
          [(15) capital investments that will result in 
        increased security in mass transportation systems.]
  (b) Goals and Objectives of Planning Process.--
          (1) Consideration.--To the extent that the 
        metropolitan planning organization determines 
        appropriate, the metropolitan transportation planning 
        process may include consideration of goals and 
        objectives that--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety and security of the 
                transportation system for all users;
                  (C) increase the accessibility and mobility 
                for people and freight;
                  (D) protect and enhance the environment, 
                conserve energy, and enhance 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 utilization and 
                operation; and
                  (G) preserve and optimize the existing 
                transportation system.
        This paragraph shall apply to the development of long-
        range transportation plans and transportation 
        improvement programs.
          (2) Conversion to goals and objectives.--The 
        metropolitan planning organization shall cooperatively 
        determinewith the State and mass transportation 
operators how the considerations listed in paragraph (1) are translated 
into metropolitan goals and objectives and how they are factored into 
decisionmaking.
         *        *        *        *        *        *        *     
  (e) Coordination.--(1) * * *
         *        *        *        *        *        *        *     
          (4) Project located in multiple mpos.--If a project 
        is located within the boundaries of more than one 
        metropolitan planning organization, the metropolitan 
        planning organizations shall coordinate plans regarding 
        the project.
  (f) Developing Long-Range Plans.--(1) Each metropolitan 
planning organization shall prepare and update periodically, 
according to a schedule the Secretary of Transportation decides 
is appropriate, a long-range transportation plan for its 
metropolitan area under the requirements of this section. The 
plan shall be in the form the Secretary considers appropriate 
and [at least shall--] shall contain, at a minimum, the 
following:
          (A) [identify] An identification of transportation 
        facilities (including major roadways, mass 
        transportation, and multimodal and intermodal 
        facilities) that should function as an integrated 
        metropolitan transportation system, emphasizing 
        transportation facilities that serve important United 
        States and regional transportation functions[;].
          [(B) include a financial plan that--
                  [(i) demonstrates how the long-range plan can 
                be carried out;
                  [(ii) indicates resources from public and 
                private sources reasonably expected to be made 
                available to carry out the plan; and
                  [(iii) recommends innovative financing 
                techniques, including value capture, tolls, and 
                congestion pricing, to finance needed projects 
                and programs;]
          (B) A financial plan that demonstrates how the 
        adopted transportation plan can be implemented, 
        indicates resources from public and private sources 
        that are reasonably expected to be made available to 
        carry out the plan and recommends any additional 
        financing strategies for needed projects and programs. 
        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. For the purpose of 
        developing the transportation plan, the metropolitan 
        planning organization and State shall cooperatively 
        develop estimates of funds that will be available to 
        support plan implementation.
          (C) [assess] An assessment of capital investment and 
        other measures necessary--
                  (i) to ensure the preservation of the 
                existing metropolitan transportation system, 
                including requirements for operational 
                improvements, resurfacing, restoration, and 
                rehabilitation of existing and future major 
                roadways, and operations, maintenance, 
                modernization, and rehabilitation of existing 
                and future mass transportation facilities; and
                  (ii) to use existing transportation 
                facilities most efficiently to relieve 
                vehicular congestion and maximize the mobility 
                of individuals and goods[; and].
          (D) [indicate] Indicate appropriate proposed 
        transportation enhancement activities.
         *        *        *        *        *        *        *     
  (4) Before approving a long-range plan, each metropolitan 
planning organization shall provide citizens, affected public 
agencies, representatives of mass transportation authority 
employees, freight shippers and providers of freight 
transportation services, private providers of transportation, 
and other interested parties with a reasonable opportunity to 
comment on the plan in a way the Secretary of Transportation 
considers appropriate.
  (5) A long-range transportation plan shall be--
          (A) made readily available for public review; and
          (B) submitted for information purposes to the chief 
        executive officer of the State at the time and in the 
        way the Secretary of Transportation establishes.
         *        *        *        *        *        *        *     
  (h) Balanced and Comprehensive Planning.--(1) To the extent 
practicable, the Secretary of Transportation shall ensure that 
amounts made available under section [5338(g)(1)] 5338(c)(3)(A) 
of this title to carry out this section and sections 5304[-
5306] and 5305 of this title are used to support balanced and 
comprehensive transportation planning that considers the 
relationships among land use and all transportation modes, 
without regard to the programmatic source of the planning 
amounts.
  (2)(A) The Secretary of Transportation shall apportion 80 
percent of the amount made available under section [5338(g)(1)] 
5338(c)(3)(A) of this title to States in a ratio equal to the 
population in urbanized areas in each State divided by the 
total population in urbanized areas in all States, as shown by 
the latest available decennial census. A State may not receive 
less than .5 percent of the amount apportioned under this 
subparagraph.
  (3)(A) The Secretary of Transportation shall apportion 20 
percent of the amount made available under section [5338(g)(1)] 
5338(c)(3)(A) of this title to States to supplement allocations 
made under paragraph (2)(B) of this subsection for metropolitan 
planning organizations.
         *        *        *        *        *        *        *     
  (4) To the maximum extent practicable, the Secretary of 
Transportation shall ensure that no metropolitan planning 
organization is allocated less than the amount it received by 
administrative formula under this section in the fiscal year 
that ended September 30, 1991. To carry out this subsection, 
the Secretary may make a proportionate reduction in other 
amounts made available to carry out section [5338(g)] 
5338(c)(3)(A) of this title.
         *        *        *        *        *        *        *     

Sec. 5304. Transportation improvement program

  (a) Development and Update.--In cooperation with the State 
and affected mass transportation operators, a metropolitan 
planning organization designated for a metropolitan area shall 
develop a transportation improvement program for the area. In 
developing the program, the organization shall provide 
citizens, affected public agencies, representatives of 
transportation authority employees, other affected employee 
representatives, private providers of transportation, and other 
interested parties with a reasonable opportunity to comment on 
the proposed program. The program shall be updated at least 
once every [2] 3 years and shall be approved by the 
organization and the chief executive officer of the State.
  (b) Contents.--A transportation improvement program for a 
metropolitan area shall include--
          (1) * * *
          (2) a financial plan that--
                  (A) demonstrates how the program can be 
                carried out;
                  (B) indicates resources from public and 
                private sources that reasonably are expected to 
                be made available to carry out the plan; [and]
                  (C) recommends innovative financing 
                techniques, including value capture, tolls, and 
                congestion pricing, to finance needed 
                projects[.]; and
                  (D) 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.
         *        *        *        *        *        *        *     

Sec. 5305. Transportation management areas

  (a) * * *
         *        *        *        *        *        *        *     
  (d) Project Selection.--(1)(A) In consultation with the 
State, the metropolitan planning organization designated for a 
transportation management area shall select the projects to be 
carried out in the area with United States Government 
participation under this chapter or title 23, except projects 
[of the National Highway System] under the National Highway 
System and high risk road safety programs, or under the Bridge 
and Interstate Maintenance programs.
  (B) In cooperation with the metropolitan planning 
organization designated for a transportation management area, 
the State shall select the projects to be carried out in the 
area [of the National Highway System] under the National 
Highway System and high risk road safety programs, or under the 
Bridge and Interstate Maintenance programs.
         *        *        *        *        *        *        *     

[Sec. 5307. Block grants]

Sec. 5307. Urbanized area formula grants

  (a) Definitions.--[In this section--] In this section, the 
following definitions apply:
          (1) Associated capital maintenance items.--The term 
        ``associated capital maintenance items'' means 
        equipment, tires, tubes, and material, each costing at 
        least .5 percent of the current fair market value of 
        rolling stock comparable to the rolling stock for which 
        the equipment, tires, tubes, and material are to be 
        used.
          (2) Designated recipient.--The term ``designated 
        recipient'' means--
                  (A) * * *
         *        *        *        *        *        *        *     
  (b) General Authority.--(1) The Secretary of Transportation 
may make grants under this section for capital projects and to 
finance the planning[, improvement, and operating costs] and 
improvement costs of equipment, facilities, and associated 
capital maintenance items for use in mass transportation, 
including the renovation and improvement of historic 
transportation facilities with related private investment. In 
an urbanized area with a population of less than 200,000, the 
Secretary may also make grants under this section to finance 
the operating cost of equipment and facilities for use in mass 
transportation.
         *        *        *        *        *        *        *     
  [(3) A grant for a capital project under this section also is 
available to finance the leasing of equipment and facilities 
for use in mass transportation, subject to regulations the 
Secretary prescribes limiting the grant to leasing arrangements 
that are more cost effective than acquisition or construction.]
  [(4)] (3) A project for the reconstruction of equipment and 
material, each of which after reconstruction will have a fair 
market value of at least .5 percent of the current fair market 
value of rolling stock comparable to the rolling stock for 
which the equipment and material will be used, is a capital 
project for an associated capital maintenance item under this 
section.
  [(5) Amounts under this section are available for a highway 
project under title 23 only if amounts used for the State or 
local share of the project are eligible to finance either a 
highway or mass transportation project.]
         *        *        *        *        *        *        *     
  (g) Undertaking Projects in Advance.--(1) * * *
         *        *        *        *        *        *        *     
  (3) The cost of carrying out that part of a project includes 
the amount of interest earned and payable on bonds issued by 
the recipient to the extent proceeds of the bonds are expended 
in carrying out the part. However, the amount of interest 
allowed under this paragraph may not be more than [the amount 
by which the estimated cost of carrying out the part (if it 
would be carried out at the time the part is converted to a 
regularly financed project) exceeds the actual cost (except 
interest) of carrying out the part.] 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.
         *        *        *        *        *        *        *     
  (i) Reviews, Audits, and Evaluations.--(1) * * *
  (2) At least once every 3 years, the Secretary shall review 
and evaluate completely the performance of a recipient in 
carrying out the recipient's program, specifically referring to 
compliance with statutory and administrative requirements and 
the extent to which actual program activities are consistent 
with the activities proposed under subsection (d) of this 
section and the planning process required under sections 5303-
5306 of this title. To the extent practicable, the Secretary 
shall coordinate such reviews with any related State or local 
reviews.
         *        *        *        *        *        *        *     
  [(k) Submission of Certifications.--A certification under 
subsection (d) of this section and any additional certification 
required by law to be submitted to the Secretary may be 
consolidated into a single document to be submitted annually as 
part of the grant application under this section. The Secretary 
shall publish annually a list of all certifications required 
under this chapter with the publication required under section 
5336(e)(2) of this title.]
  (k) Transit Enhancement Activities.--2 percent of the funds 
apportioned to urbanized areas of at least 200,000 population 
under section 5336 for a fiscal year shall only be available 
for transit enhancement activities.
         *        *        *        *        *        *        *     
  (n) Relationship to Other Laws.--[(1) Section 1001 of title 
18 applies to a certificate or submission under this section. 
The Secretary may end a grant under this section and seek 
reimbursement, directly or by offsetting amounts available 
under section 5336 of this title, when a false or fraudulent 
statement or related act within the meaning of section 1001 is 
made in connection with a certification or submission.]
  [(2)] Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 
5332, and 5333 of this title apply to this section and to a 
grant made under this section. Except as provided in this 
section, no other provision of this chapter applies to this 
section or to a grant made under this section.
         *        *        *        *        *        *        *     

[Sec. 5308. Mass Transit Account block grants

  [(a) General Authority.--The Secretary of Transportation may 
make grants under this section to be used only for capital 
projects (including capital maintenance items).
  [(b) Application of Other Sections.--(1) Sections 5307(a)-
(d), (h)-(l), and (n) and 5336(a)-(c), (f), (g), and (j) of 
this title apply to amounts made available under section 
5338(a) of this title to carry out this section.
  [(2) Sections 5307(e) and 5336(d) of this title apply to 
grants under this section.]

Sec. 5309. [Discretionary] Capital program grants and loans

  (a) General Authority.--(1) The Secretary of Transportation 
may make grants and loans under this section to assist State 
and local governmental authorities in financing--
          (A) * * *
         *        *        *        *        *        *        *     
          [(E) transportation projects that enhance urban 
        economic development or incorporate private investment, 
        including commercial and residential development, 
        because the projects--
                  [(i) enhance the effectiveness of a mass 
                transportation project and are related 
                physically or functionally to that mass 
                transportation project; or
                  [(ii) establish new or enhanced coordination 
                between mass transportation and other 
                transportation;]
          (E) capital projects to modernize existing fixed 
        guideway systems;
          (F) mass transportation projects planned, designed, 
        and carried out to meet the special needs of elderly 
        individuals and individuals with disabilities; [and]
          (G) the development of corridors to support fixed 
        guideway systems, including protecting rights of way 
        through acquisition, construction of dedicated bus and 
        high occupancy vehicle lanes and park and ride lots, 
        and other nonvehicular capital improvements that the 
        Secretary may decide would result in increased mass 
        transportation usage in the corridor[.]; and
          (H) capital projects to replace, rehabilitate, and 
        purchase buses and related equipment and to construct 
        bus-related facilities.
         *        *        *        *        *        *        *     
  [(c) Consideration of Decreased Commuter Rail 
Transportation.--The Secretary of Transportation shall consider 
the adverse effect of decreased commuter rail transportation 
when deciding whether to approve a grant or loan under this 
section to acquire a rail line and all related facilities--
          [(1) owned by a rail carrier subject to 
        reorganization under title 11; and
          [(2) used to provide commuter rail transportation.]
         *        *        *        *        *        *        *     
  [(e) Criteria for Grants and Loans for Fixed Guideway 
Systems.--(1) This subsection applies to a project--
          [(A) for which a letter of intent or contract for the 
        complete amount is issued under subsection (g) of this 
        section after April 1, 1987; or
          [(B) not in the preliminary engineering, final 
        design, or construction stage on January 1, 1987.
  [(2) The Secretary of Transportation may approve a grant or 
loan under this section for a capital project for a new fixed 
guideway system or extension of an existing fixed guideway 
system only if the Secretary decides that the proposed project 
is--
          [(A) based on the results of an alternatives analysis 
        and preliminary engineering;
          [(B) justified based on a comprehensive review of its 
        mobility improvements, environmental benefits, cost 
        effectiveness, and operating efficiencies; and
          [(C) supported by an acceptable degree of local 
        financial commitment, including evidence of stable and 
        dependable financing sources to construct, maintain, 
        and operate the system or extension.
  [(3) In making a decision under paragraph (2) of this 
subsection, the Secretary of Transportation shall--
          [(A) consider the direct and indirect costs of 
        relevant alternatives;
          [(B) account for costs related to factors such as 
        congestion relief, improved mobility, air pollution, 
        noise pollution, congestion, energy consumption, and 
        all associated ancillary and mitigation costs necessary 
        to carry out each alternative analyzed;
          [(C) identify and consider mass transportation 
        supportive existing land use policies and future 
        patterns;
          [(D) consider the degree to which the project 
        increases the mobility of the mass transportation 
        dependent population or promotes economic development; 
        and
          [(E) consider other factors the Secretary considers 
        appropriate to carry out this chapter.
  [(4)(A) The Secretary of Transportation shall issue 
guidelines on how the Secretary will evaluate results of 
alternatives analysis, project justification, and the degree of 
local financial commitment.
  [(B) The project justification under paragraph (2) of this 
subsection shall be adjusted to reflect differences in local 
land, construction, and operating costs.
  [(C) The degree of local financial commitment is acceptable 
only if--
          [(i) the proposed project plan provides for the 
        availability of contingency amounts the Secretary of 
        Transportation determines to be reasonable to cover 
        unanticipated cost overruns;
          [(ii) each proposed local source of capital and 
        operating financing is stable, reliable, and available 
        within the proposed project timetable; and
          [(iii) local resources are available to operate the 
        overall proposed mass transportation system (including 
        essential feeder bus and other services necessary to 
        achieve the projected ridership levels) without 
        requiring a reduction in existing mass transportation 
        services to operate the proposed project.
  [(D) In assessing the stability, reliability, and 
availability of proposed sources of local financing, the 
Secretary of Transportation shall consider--
          [(i) existing grant commitments;
          [(ii) the degree to which financing sources are 
        dedicated to the purposes proposed; and
          [(iii) any debt obligation that exists or is proposed 
        by the recipient for the proposed project or other mass 
        transportation purpose.
  [(5) A proposed project may advance from alternatives 
analysis to preliminary engineering only if the Secretary of 
Transportation finds that the project meets the requirements of 
this section and there is a reasonable chance that the project 
will continue to meet the requirements at the end of 
preliminary engineering.
  [(6)(A) 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--
          [(i) the project is located in an extreme or severe 
        nonattainment area and is a transportation control 
        measure (as defined by the Clean Air Act (42 U.S.C. 
        7401 et seq.)) required to carry out an approved State 
        Implementation Plan; or
          [(ii) assistance provided under this section is less 
        than $25,000,000 or one-third of the total cost of the 
        project or an appropriate program of projects as 
        decided by the Secretary of Transportation.
  [(B) The simultaneous evaluation of projects in at least 2 
corridors in a metropolitan area may not be limited and the 
Secretary of Transportation shall make decisions under this 
subsection with expedited procedures that will promote carrying 
out an approved State Implementation Plan in a timely way if a 
project is--
          [(i) located in a nonattainment area that is not an 
        extreme or severe 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) This subsection does not apply to a part of a project 
(including a commuter rail transportation project on an 
existing right of way) financed completely with amounts for 
highways made available under part A of title I of the 
Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240, 105 Stat. 1915).
  [(7) A project financed under this subsection shall be 
carried out through a full financing grant agreement.
  [(f) Required Payments and Eligible Costs of Projects That 
Enhance Urban Economic Development or Incorporate Private 
Investment.--(1) Each grant or loan under subsection (a)(5) of 
this section shall require that a person making an agreement to 
occupy space in a facility pay a reasonable share of the costs 
of the facility through rental payments and other means.
  [(2) Eligible costs for a project under subsection (a)(5) of 
this section--
          [(A) include property acquisition, demolition of 
        existing structures, site preparation, utilities, 
        building foundations, walkways, open space, and a 
        capital project for, and improving, equipment or a 
        facility for an intermodal transfer facility or 
        transportation mall; but
          [(B) do not include construction of a commercial 
        revenue-producing facility or a part of a public 
        facility not related to mass transportation.]
  (e) Criteria for Grants and Loans for Fixed Guideway 
Systems.--
          (1) In general.--The Secretary of Transportation may 
        approve a grant or loan under this section for a 
        capital project for a new fixed guideway system or 
        extension of an existing fixed guideway system only if 
        the Secretary 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;
                  (C) identify and consider existing mass 
                transportation supportive land use policies and 
                future land use patterns and the costs 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, current 
                transit ridership in the corridor, and cost per 
                new rider;
                  (F) consider the technical capability of the 
                grant recipient to construct the project;
                  (G) adjust the project justification to 
                reflect differences in local land, 
                construction, and operating costs; and
                  (H) consider other factors the Secretary 
                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 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) Stability, reliability, and availability 
                of local financing.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of local financing for the 
                project, 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.--No later than 120 days after the 
        date of the enactment of the Building Efficient Surface 
        Transportation and Equity Act of 1998, the Secretary 
        shall issue regulations on how 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 either highly recommended, recommended, or 
        not recommended based on the results of alternatives 
        analysis, the project justification criteria, and the 
        degree of local financial commitment as required under 
        this subsection. 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 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 the enactment of this 
                subparagraph.
  [(g)] (f) Letters of Intent, Full [Financing] Funding Grant 
Agreements, and Early Systems Work Agreements.--(1)(A) The 
Secretary of Transportation may issue a letter of intent to an 
applicant announcing an intention to obligate, for a project 
under this section, an amount from future available budget 
authority specified in law that is not more than the amount 
stipulated as the financial participation of the Secretary in 
the project. The amount shall be sufficient to complete at 
least an operable segment when a letter is issued for a fixed 
guideway project.
  (B) At least [30] 60 days before issuing a letter under 
subparagraph (A) of this paragraph or entering into a full 
funding grant agreement, the Secretary of Transportation shall 
notify in writing the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate 
of the proposed [issuance of the letter.] 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.
  (C) The issuance of a letter is deemed not to be an 
obligation under sections 1108(c) and (d), 1501, and 1502(a) of 
title 31 or an administrative commitment.
  (D) An obligation or administrative commitment may be made 
only when amounts are appropriated.
  (2)(A) The Secretary of Transportation may make a [full 
financing] full funding grant agreement with an applicant. The 
agreement shall--
          (i) * * *
         *        *        *        *        *        *        *     
  (B) An agreement under this paragraph obligates an amount of 
available budget authority specified in law and may include a 
commitment, contingent on amounts to be specified in law in 
advance for commitments under this paragraph, to obligate an 
additional amount from future available budget authority 
specified in law. The agreement shall state that the contingent 
commitment is not an obligation of the Government. Interest and 
other financing costs of efficiently carrying out a part of the 
project within a reasonable time are a cost of carrying out the 
project under a [full financing] full funding grant agreement, 
except that eligible costs may not be more than the cost of the 
most favorable financing terms reasonably available for the 
project at the time of borrowing. The applicant shall certify, 
in a way satisfactory to the Secretary of Transportation, that 
the applicant has shown reasonable diligence in seeking the 
most favorable financing terms. The amount stipulated in an 
agreement under this paragraph for a fixed guideway project 
shall be sufficient to complete at least an operable segment.
         *        *        *        *        *        *        *     
  (4) The total estimated amount of future obligations of the 
Government and contingent commitments to incur obligations 
covered by all outstanding letters of intent, [full financing] 
full funding grant agreements, and early systems work 
agreements may be not more than the greater of the amount 
authorized under section [5338(a)] 5338(b) of this title to 
carry out this section or 50 percent of the uncommitted cash 
balance remaining in the Mass Transit Account of the Highway 
Trust Fund (including amounts received from taxes and interest 
earned that are more than amounts previously obligated), less 
an amount the Secretary of Transportation reasonably estimates 
is necessary for grants under this section not covered by a 
letter. The total amount covered by new letters and contingent 
commitments included in [full financing] full funding grant 
agreements and early systems work agreements may be not more 
than a limitation specified in law.
  [(h)] (g) Government's Share of Net Project Cost.--Based on 
engineering studies, studies of economic feasibility, and 
information on the expected use of equipment or facilities, the 
Secretary of Transportation shall estimate the net project 
cost. A grant for the project is for 80 percent of the net 
project cost, unless the grant recipient requests a lower grant 
percentage. The remainder shall be provided in cash from a 
source other than amounts of the Government. Transit system 
amounts that make up the remainder must be from an 
undistributed cash surplus, a replacement or depreciation cash 
fund or reserve, or new capital. The remainder for a planned 
extension to a fixed guideway system may include the cost of 
rolling stock previously purchased if the applicant satisfies 
the Secretary that only amounts other than amounts of the 
Government were used and that the purchase was made for use on 
the extension. A refund or reduction of the remainder may be 
made only if a refund of a proportional amount of the grant of 
the Government is made at the same time.
  [(i)] (h) Loan Term Requirements.--Except for a loan under 
subsection (b) of this section, a loan, including a renewal or 
extension of the loan, may be made, and a security or 
obligation may be bought, only if it has a maturity date of not 
more than 40 years. Interest on a loan may not be less than--
          (1) * * *
         *        *        *        *        *        *        *     
  [(j)] (i) Loan Payment Forgiveness.--A grant agreement for a 
capital project may forgive repaying the loan and interest in 
place of a cash grant for the amount forgiven. The amount is 
partof the grant and part of the contribution of the Government 
to the cost of the project.
  [(k)] (j) Limitation on Making Loans and Grants for 
Projects.--The Secretary of Transportation may not make a loan 
under this section for a project for which a grant (except a 
relocation payment grant) is made under this section. However, 
the Secretary may make a project grant even though real 
property for the project has been or will be acquired through a 
loan under subsection (b) of this section.
  [(l)] (k) Fiscal Capacity Considerations.--If the Secretary 
of Transportation gives priority consideration to financing 
projects that include more than the non-Government share 
required under subsection (h) of this section, the Secretary 
shall give equal consideration to differences in the fiscal 
capacity of State and local governments.
  [(m) Allocating Amounts.--(1) Of the amounts available for 
grants and loans under this section for each of the fiscal 
years ending September 30, 1993-1997--
          [(A) 40 percent is available for rail fixed guideway 
        modernization;
          [(B) 40 percent is available for capital projects for 
        new fixed guideway systems and extensions to existing 
        fixed guideway systems; and
          [(C) 20 percent is available to replace, 
        rehabilitate, and buy buses and related equipment and 
        to construct bus-related facilities.
  [(2) At least 5.5 percent of the amounts available in each 
fiscal year under paragraph (1)(C) of this subsection is 
available for areas other than urbanized areas.
  [(3) Not later than January 20 of each year, the Secretary of 
Transportation 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 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.
  [(4) A person applying for, or receiving, assistance for a 
project described in clause (A), (B), or (C) of paragraph (1) 
of this subsection may receive assistance for a project 
described in another of those clauses.]
  (l) Allocating Amounts.--
          (1) In general.--Of the amounts made available by 
        section 5338(b) 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 buy 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 by paragraph (1)(C), 
                $3,000,000 shall be available in each of fiscal 
                years 1998 through 2003 to carry out section 
                5318.
                  (C) Funding for bus technology pilot 
                program.--Of the funds made available by 
                paragraph (1)(C), 10 percent shall be available 
                in each of fiscal years 1998 through 2003 to 
                carry out the bus technology pilot program 
                under subsection (o).
                  (D) Other than urbanized areas.--Of amounts 
                made available by paragraph (1)(C), not less 
                than 5.5 percent shall be available in each 
                fiscal year for other than urbanized areas.
          (4) Eligibility for assistance for multiple 
        projects.--A person applying for, or receiving, 
        assistance for a project described in clause (A), (B), 
        or (C) of paragraph (1) may receive assistance for a 
        project described in another of those clauses.
  [(n)] (m) Undertaking Projects in Advance.--(1) * * *
  (2) The cost of carrying out part of a project includes the 
amount of interest earned and payable on bonds issued by the 
State or local governmental authority to the extent proceeds of 
the bonds are expended in carrying out the part. However, the 
amount of interest under this paragraph may not be more than 
the most favorable interest terms reasonably available for the 
project at the time of borrowing. The applicant shall certify, 
[in a way] in a manner satisfactory to the Secretary of 
Transportation, that the applicant has shown reasonable 
diligence in seeking the most favorable financial terms.
         *        *        *        *        *        *        *
  [(o)] (n) Use of Deobligated Amounts.--An amount available 
under this section that is deobligated may be used for any 
purpose under this section.
  (o) Bus Technology Pilot Program.--
          (1) Establishment.--The Secretary shall establish a 
        pilot program for the testing and deployment of new bus 
        technology, including clean fuel and alternative fuel 
        technology.
          (2) Projects.--Under the pilot program, the Secretary 
        shall carry out projects for testing and deployment of 
        new bus technology, including clean fuel and 
        alternative fuel technology. The Secretary shall select 
        projects for funding under the pilot program that will 
        employ a variety of technologies and will be performed 
        in a variety of geographic areas of the country with 
        populations under 50,000, between 50,000 and 200,000, 
        and over 200,000.
          (3) Report.--Not later than April 30, 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 pilot program, including a description of the 
        projects carried out, the amounts obligated, and the 
        status of the test and deployment activities 
        undertaken.
  (p) Reports.--
          (1) Funding levels and allocations of funds for fixed 
        guideway systems.--
                  (A) Annual report.--Not later than the first 
                Monday in February of each year, the Secretary 
                shall submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate a 
                report that includes a proposal on the 
                allocation of amounts to be made available to 
                finance grants and loans for capital projects 
                for new fixed guideway systems and extensions 
                to existing fixed guideway systems among 
                applicants for those amounts.
                  (B) Recommendations on funding.--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 the enactment of this 
                Act 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.
  (q) 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. 5310. [Grants] Formula grants and loans for special needs of 
                    elderly individuals and individuals with 
                    disabilities

  (a) * * *
  (b) Apportioning and Transferring Amounts.--The Secretary 
shall apportion amounts made available under section [5338(a)] 
5338(a)(3)(A) of this title under a formula the Secretary 
administers that considers the number of elderly individuals 
and individuals with disabilities in each State. Any State's 
apportionment remaining available for obligation at the 
beginning of the 90-day period before the end of the period of 
availability of the apportionment is available to the chief 
executive officer of the State for transfer to supplement 
amounts apportioned to the State under section 5311(c) or 
5336(a)(1) of this title.
         *        *        *        *        *        *        *

Sec. 5311. [Financial assistance] Formula grants for other than 
                    urbanized areas

  (a) * * *
         *        *        *        *        *        *        *
  (c) Apportioning Amounts.--The Secretary of Transportation 
shall apportion amounts made available under section [5338(a)] 
5338(a)(3)(B) of this title so that the chief executive officer 
of each State receives an amount equal to the total amount 
apportioned multiplied by a ratio equal to the population of 
areas other than urbanized areas in a State divided by the 
population of all areas other than urbanized areas in the 
United States, as shown by the most recent of the following: 
the latest Government census, the population estimate the 
Secretary of Commerce prepares after the 4th year after the 
date the latest census is published, or the population estimate 
the Secretary of Commerce prepares after the 8th year after the 
date the latest census is published. The amount may be 
obligated by the chief executive officer for 2 years after the 
fiscal year in which the amount is apportioned. An amount that 
is not obligated at the end of that period shall be 
reapportioned among the States for the next fiscal year.
         *        *        *        *        *        *        *
  (f) Intercity Bus Transportation.--(1) A State shall expend 
at least [10 percent of the amount made available in the fiscal 
year ending September 30, 1993, and] 15 percent of the amount 
made available in each fiscal year after September 30, 1993, to 
carry out a program to develop and support intercity bus 
transportation. Eligible activities under the program include--
          (A) * * *
         *        *        *        *        *        *        *

Sec. 5312. Research, development, demonstration, and training projects

  (a) Research, Development, and Demonstration Projects.--The 
Secretary of Transportation [(or the Secretary of Housing and 
Urban Development when required by section 5334(i) of this 
title)] may undertake, or make grants or contracts (including 
agreements with departments, agencies, and instrumentalities of 
the United States Government) for, research, development, and 
demonstration projects related to urban mass transportation 
that the Secretary decides will help reduce urban 
transportation needs, improve mass transportation service, or 
help mass transportation service meet the total urban 
transportation needs at a minimum cost. The Secretary may 
request and receive appropriate information from any source. 
This subsection does not limit the authority of the Secretary 
under another law.
  (b) Research, Investigations, and Training.--(1) The 
Secretary of Transportation [(or the Secretary of Housing and 
Urban Development when required by section 5334(i) of this 
title)] may make grants to nonprofit institutions of higher 
learning--
          (A) * * *
         *        *        *        *        *        *        *
  (d) Joint Partnerships for Deployment of Innovation.--
          (1) Consortium defined.--In this subsection, the term 
        ``consortium'' means one or more public or private 
        organizations located in the United States which 
        provide mass transportation service to the public and 
        one or more businesses, including small and medium 
        sized businesses, incorporated in a State, offering 
        goods or services or willing to offer goods or services 
        to mass transportation operators. It may include as 
        additional members public or private research 
        organizations located in the United States, or State or 
        local governmental authorities.
          (2) Grants and agreements.--The Secretary may make 
        grants and enter into contracts, cooperative 
        agreements, and other agreements with consortia 
        selected competitively from among public and private 
        partnerships to promote the early deployment of 
        innovation in mass transportation technology, services, 
        management, or operational practices. Any such grant, 
        contract, or agreement shall provide for the sharing of 
        costs, risks, and rewards of early deployment of 
        innovation. Such grants, contracts, and agreements 
        shall be subject to such terms and conditions as the 
        Secretary prescribes.
          (3) Consultation requirement.--This subsection shall 
        be carried out in consultation with the transit 
        industry.
          (4) Cost sharing.--Any consortium that receives a 
        grant or enters into a contract or agreement under this 
        subsection shall provide at least 50 percent of the 
        cost of any joint partnership project. Any business, 
        organization, person, or governmental body may 
        contribute funds to such project.
          (5) Public notice.--The Secretary shall periodically 
        give public notice of--
                  (A) the technical areas for which joint 
                partnerships are solicited under this 
                subsection;
                  (B) required qualifications of consortia 
                desiring to participate in such partnerships;
                  (C) the method of selection and evaluation 
                criteria to be used in selecting participating 
                consortia and projects under this subsection; 
                and
                  (D) the process by which projects will be 
                awarded under this subsection.
          (6) Acceptance of revenues.--The Secretary may accept 
        a portion of the revenues resulting from sales of an 
        innovation supported under this subsection and deposit 
        any revenues accepted into a special account of the 
        Treasury of the United States to be established for 
        purposes of carrying out this subsection.
  (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. These 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 funds paid to the Secretary by 
        any cooperating organization or person and shall be 
        deposited by the Secretary in a special account in the 
        Treasury of the United States to be established for 
        purposes of carrying out this subsection. The funds 
        shall be available for promotional materials, travel, 
        reception, and representation expenses necessary to 
        carry out the activities authorized by this subsection. 
        Reimbursement for services provided under this 
        subsection shall be credited to the appropriation 
        account concerned.

Sec. 5313. State planning and research programs

  (a) Cooperative Research Program.--(1) Fifty percent of the 
amounts made available under [section 5338(g)(3)] sections 
5338(d)(3)(B) and 5338(d)(3)(D) of this title are available for 
a masstransportation cooperative research program. The 
Secretary of Transportation shall establish an independent governing 
board for the program. The board shall recommend mass transportation 
research, development, and technology transfer activities the Secretary 
considers appropriate.
         *        *        *        *        *        *        *
  (b) State Planning and Research.--(1) Fifty percent of the 
amounts made available under section [5338(g)(3)] 5338(c)(3)(B) 
of this title shall be apportioned to States for grants and 
contracts consistent with the purposes of sections 5303-5306, 
5312, 5315, 5317, and 5322 of this title. The amounts shall be 
apportioned so that each State receives an amount equal to the 
population in urbanized areas in the State, divided by the 
population in urbanized areas in all States, as shown by the 
latest available decennial census. However, a State must 
receive at least .5 percent of the amount apportioned under 
this subsection.
         *        *        *        *        *        *        *

Sec. 5314. National planning and research programs

  (a) Program.--(1) The amounts made available under section 
[5338(g)(4)] 5338(d)(3)(D) of this title are available to the 
Secretary of Transportation for grants and contracts for the 
purposes of sections 5303-5306, 5312, 5315, 5317, and 5322 of 
this title, as the Secretary considers appropriate.
  (2) Of the amounts made available under paragraph (1) of this 
subsection, the Secretary shall make available at least 
[$2,000,000] $3,000,000 to provide mass transportation-related 
technical assistance, demonstration programs, research, public 
education, and other activities the Secretary considers 
appropriate to help mass transportation providers comply with 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). To the extent practicable, the Secretary shall carry out 
this paragraph through a contract with a national nonprofit 
organization serving individuals with disabilities that has a 
demonstrated capacity to carry out the activities.
         *        *        *        *        *        *        *

Sec. 5315. National [mass transportation] transit institute

  (a) Establishment and Duties.--The Secretary of 
Transportation shall make grants to Rutgers University to 
establish a national [mass transportation] transit institute. 
In cooperation with the Federal Transit Administration, State 
transportation departments, public mass transportation 
authorities, and national and international entities, the 
institute shall develop and conduct training programs of 
instruction for United States Government, State, and local 
transportation employees, United States citizens, and foreign 
nationals engaged or to be engaged in Government-aid mass 
transportation work. The programs may include courses in recent 
developments, techniques, and procedures related to--
          (1) * * *
         *        *        *        *        *        *        *
          (5) engineering and architectural design;
          (6) procurement strategies for mass transportation 
        systems;
          (7) turnkey approaches to [carrying out] delivering 
        mass transportation systems;
         *        *        *        *        *        *        *
          (11) construction, construction management, 
        insurance, and risk management;
          (12) maintenance;
          (13) contract administration; [and]
          (14) inspection[.]; and
          (15) innovative finance.
         *        *        *        *        *        *        *

[Sec. 5316. University research institutes

  [(a) Institute for National Surface Transportation Policy.--
The Secretary of Transportation shall make grants to San Jose 
State University to establish and operate an institute for 
national surface transportation policy studies. The institute 
shall--
          [(1) include male and female students of diverse 
        socioeconomic and ethnic backgrounds who are seeking 
        careers in developing and operating surface 
        transportation programs; and
          [(2) conduct research and development activities to 
        analyze ways of improving aspects of developing and 
        operating surface transportation programs of the United 
        States.
  [(b) Infrastructure Technology Institute.--The Secretary 
shall make grants to Northwestern University to establish and 
operate an institute to study techniques--
          [(1) to evaluate and monitor infrastructure 
        conditions;
          [(2) to improve information systems for 
        infrastructure construction and management; and
          [(3) to study advanced materials and automated 
        processes for constructing and rehabilitating public 
        works facilities.
  [(c) Urban Transit Institute.--The Secretary shall make 
grants to North Carolina A. and T. State University through the 
Institute for Transportation Research and Education, the 
University of South Florida, and a consortium of Florida A. and 
M., Florida State University, and Florida International 
University to establish and operate an interdisciplinary 
institute to study and disseminate techniques on the diverse 
transportation problems of urban areas experiencing significant 
and rapid growth.
  [(d) Institute for Intelligent Transportation Concepts.--The 
Secretary shall make grants to the University of Minnesota, 
Center for Transportation Studies, to establish and operate a 
national institute for intelligent transportation concepts. The 
institute shall conduct research and recommend development 
activities that focus on methods to increase roadway capacity, 
enhance safety, and reduce negative environmental effects of 
transportation facilities by using intelligent transportation 
systems technologies.
  [(e) Institute for Transportation Research and Education.--
The Secretary shall make grants to the University of North 
Carolina to conduct research and development and to direct 
technology transfer and training for State and local 
transportation authorities to improve the overall surface 
transportation infrastructure.
  [(f) Applicability of Title 23.--Amounts authorized by 
section 5338(d) of this title may be obligated in the same way 
as amounts are apportioned under chapter 1 of title 23.

[Sec. 5317. Transportation centers

  [(a) Grants for Regional Transportation Centers.--(1) The 
Secretary of Transportation shall make grants to nonprofit 
institutions of higher learning to establish and operate 
regional transportation centers in each of the 10 United States 
Government regions that comprise the Standard Federal Regional 
Boundary System.
  [(2) A nonprofit institution of higher learning interested in 
receiving a grant under this subsection shall submit an 
application to the Secretary in the way and containing the 
information the Secretary prescribes. The Secretary shall 
select each recipient on the basis of the following:
          [(A) the regional transportation center is located in 
        a State that is representative of the needs of the 
        Government region for improved transportation and 
        facilities.
          [(B) the demonstrated research and extension 
        resources available to the recipient to carry out this 
        subsection.
          [(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 has an established transportation 
        program encompassing several modes of transportation.
          [(E) the recipient has a demonstrated commitment of 
        at least $200,000 in regularly budgeted institutional 
        amounts each year to support ongoing transportation 
        research programs.
          [(F) the recipient has a demonstrated ability to 
        disseminate results of transportation research and 
        educational programs through a statewide or regionwide 
        continuing educational program.
          [(G) the projects the recipient proposes to carry out 
        under the grant.
  [(3)(A) At each regional transportation center, the following 
shall be carried out:
          [(i) infrastructure research on transportation.
          [(ii) research and training on transportation safety 
        and the transportation of passengers and property and 
        the interpretation, publication, and dissemination of 
        the results of the research.
  [(B) Each transportation center--
          [(i) should carry out research on more than one mode 
        of transportation; and
          [(ii) should consider the proportion of amounts for 
        this subsection from amounts available to carry out 
        urban mass transportation projects under this chapter 
        and from the Highway Trust Fund.
  [(C) At one of the transportation centers, research may be 
carried out on the testing of new bus models.
  [(4) Before making a grant under this subsection, the 
Secretary may require the recipient to make an agreement with 
the Secretary to ensure that the recipient will maintain total 
expenditures from all other sources to establish and operate a 
regional transportation center and related research activities 
at a level at least equal to the average level of those 
expenditures in its 2 fiscal years prior to April 2, 1987.
  [(5) A grant under this subsection is for 50 percent of the 
cost of establishing and operating the regional transportation 
center and related research activities the recipient carries 
out.
  [(b) Grants for University Transportation Centers.--(1) To 
accelerate the involvement and participation of minority 
individuals and women in transportation-related professions, 
particularly in the science, technology, and engineering 
disciplines, the Secretary shall make grants to Morgan State 
University to establish a national center for transportation 
management, research, and development. The center shall give 
special attention to designing, developing, and carrying out 
research, training, and technology transfer activities to 
increase the number of highly skilled minority individuals and 
women entering the transportation workforce.
  [(2) The Secretary shall make grants to the New Jersey 
Institute of Technology to establish and operate a center for 
transportation and industrial productivity. The center shall 
conduct research and development activities that focus on ways 
to increase surface transportation capacity, reduce congestion, 
and reduce costs for transportation system users and providers 
through the use of transportation management systems.
  [(3) The Secretary shall make a grant to Monmouth College, 
West Long Branch, New Jersey, to modify and rebuild Building 
Number 500 at Monmouth College. Before making the grant, the 
Secretary shall receive assurances from Monmouth College that 
the building will be known and designated as the James and 
Marlene Howard Transportation Information Center and that 
transportation-related instruction and research in computer 
science, electronic engineering, mathematics, and software 
engineering conducted at the building will be coordinated with 
the Center for Transportation and Industrial Productivity at 
the New Jersey Institute of Technology.
  [(4) The Secretary shall make grants to the University of 
Arkansas to establish a national rural transportation center. 
The center shall conduct research, training, and technology 
transfer activities in the development, management, and 
operation of intermodal transportation systems in rural areas.
  [(5)(A) The Secretary shall make grants to the University of 
Idaho to establish a National Center for Advanced 
Transportation Technology. The Center shall be established and 
operated in partnership with private industry and shall conduct 
industry-driven research and development activities that focus 
on transportation-related manufacturing and engineering 
processes, materials, and equipment.
  [(B) The Secretary shall make grants to the University of 
Idaho to plan, design, and construct a building in which to 
conduct the research and development activities of the Center.
  [(C) Amounts authorized by section 5338(e)(2) of this title 
may be obligated in the same way as amounts apportioned under 
chapter 1 of title 23 (except that the Government share of the 
cost of the activities conducted under subparagraph (B) of this 
paragraph is 80 percent and the amounts remain available until 
expended) and are not subject to an obligational limitation.
  [(D) A grant made under this paragraph is not subject to the 
requirements of this section.
  [(c) Program Coordination.--The Secretary shall provide for 
coordinating research, education, training, and technology 
transfer activities that grant recipients carry out under this 
section, the dissemination of the results of the research, and 
the establishment and operation of a clearinghouse between the 
centers and the transportation industry. At least annually, the 
Secretary shall review and evaluate programs the grant 
recipients carry out. The Secretary may use not more than one 
percent of amounts made available from Government sources to 
carry out this section to carry out this subsection.
  [(d) Obligation Ceiling.--Amounts authorized to carry out 
this section (except subsection (b)(3)) are subject to 
obligational limitations established under section 1002 of the 
Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240, 105 Stat. 1916).
  [(e) Amounts Available for Technology Transfer Activities.--
At least 5 percent of the amounts made available to carry out 
this section in a fiscal year are available to carry out 
technology transfer activities.
  [(f) Allocation Among Government Regions.--The Secretary 
shall allocate amounts available to carry out this section 
equitably among the Government regions.]

Sec. 5318. Bus testing facility

  (a) * * *
  (b) Operation and Maintenance.--The Secretary shall [make a 
contract with] enter into a contract or cooperative agreement 
with, or make a grant to, a qualified person or organization to 
operate and maintain the facility. The contract, cooperative 
agreement, or grant may provide for the testing of rail cars 
and other mass transportation vehicles at the facility.
         *        *        *        *        *        *        *
  (d) Availability of Amounts To Pay for Testing.--The 
Secretary shall [make a contract with] enter into a contract or 
cooperative agreement with, or make a grant to, the operator of 
the facility under which the Secretary shall pay 80 percent of 
the cost of testing a vehicle at the facility from amounts 
available under section [5338(j)(5)] 5309(m)(3)(B) of this 
title. The entity having the vehicle tested shall pay 20 
percent of the cost.
  (e) Revolving Loan Fund.--The Secretary has a bus testing 
revolving loan fund consisting of amounts authorized for the 
fund under section 317(b)(5) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987. The Secretary shall 
make available as repayable advances from the fund to the 
person operating and maintaining the facility amounts to 
operate and maintain the facility.

Sec. 5319. Bicycle facilities

  A project to provide access for bicycles to mass 
transportation facilities, to provide shelters and parking 
facilities for bicycles in or around mass transportation 
facilities, or to install equipment for transporting bicycles 
on mass transportation vehicles is a capital project eligible 
for assistance under sections 5307, 5309, and 5311 of this 
title. Notwithstanding sections 5307(e), [5309(h)] 5309(g), and 
5311(g) of this title, a grant of the United States Government 
under this chapter for a project [under this section is for 90 
percent of the cost of the project] 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. 5320. Suspended light rail system technology pilot project

  (a) * * *
         *        *        *        *        *        *        *
  (c) Competition.--(1) The Secretary of Transportation shall 
conduct a national competition to select a public entity with 
which to make a full [financing] funding grant agreement to 
construct the project. Not later than April 16, 1992, the 
Secretary shall select 3 public entities to be finalists in the 
competition. In conducting the competition and selecting public 
entities, the Secretary shall consider--
          (A) * * *
         *        *        *        *        *        *        *
  (3) Not later than July 15, 1992, the Secretary shall select 
from among the 3 finalists a public entity with which to make a 
full [financing] funding grant agreement.
         *        *        *        *        *        *        *
  (e) Full [Financing] Funding Grant Agreement.--Not later than 
60 days after carrying out the requirements of subsection (d) 
of this section, the Secretary shall make a full [financing] 
funding grant agreement under section 5309 of this title with 
the public entity selected under subsection (c) of this section 
to construct the project. The agreement shall provide that the 
system vendor for the project shall finance--
          (1) * * *
         *        *        *        *        *        *        *
  (f) Notice To Proceed.--Not later than 30 days after making 
the full [financing] funding grant agreement, the Secretary 
shall issue a notice to proceed with construction.
  (g) Option Not To Construct and Reawarding the Grant.--(1) 
Not later than 30 days after completing preliminary engineering 
and design, the selected public entity shall decide whether to 
proceed to constructing the project. If the entity decides not 
to proceed--
          (A) the Secretary shall not make the full [financing] 
        funding grant agreement;
         *        *        *        *        *        *        *

Sec. 5323. General provisions on assistance

  (a) * * *
         *        *        *        *        *        *        *
  (d) [Buying and Operating Buses.--] Condition on Charter Bus 
Transportation Service.--(1) * * *
         *        *        *        *        *        *        *
  [(i) Government's Share of Costs for Certain Projects.--A 
Government grant for a project to be assisted under this 
chapter that involves acquiring vehicle-related equipment 
required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.) is for 90 percent of the net project cost of the 
equipment that is attributable to complying with those Acts. 
The Secretary of Transportation, through practicable 
administrative procedures, may determine the costs attributable 
to that equipment.]
  (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 such Acts. The Secretary shall have 
discretion to determine, through practicable administrative 
procedures, the costs of such equipment attributable to 
compliance with such Acts.
  (j) Buy America.--(1) * * *
         *        *        *        *        *        *        *
  [(7) Not later than January 1, 1995, the Secretary of 
Transportation shall submit to Congress a report on purchases 
from foreign entities waived under paragraph (2) of this 
subsection in the fiscal years ending September 30, 1992, and 
September 30, 1993. The report shall indicate the dollar value 
of items for which waivers were granted.]
          (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 made under this subsection if 
        the Secretary is satisfied that the manufacturer or 
        supplier submitted an incorrect certification as a 
        result of an inadvertent or clerical error.
  (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 
shall participate and coordinate with recipients of assistance 
under this chapter in the design and delivery of transportation 
services and shall be included in the planning for such 
services.
  [(k)] (l) Application of Section 135 of Title 23.--The 
planning and programming requirements of section 135 of title 
23 apply to a grant made under sections 5307-5311 of this 
title.
  [(l)] (m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary of Transportation shall prescribe 
regulations requiring a preaward and postdelivery review of a 
grant under this chapter to buy rolling stock to ensure 
compliance with Government motor vehicle safety requirements, 
subsection (j) of this section, and bid specifications 
requirements of grant recipients under this chapter. Under this 
subsection, independent inspections and review are required, 
and a manufacturer certification is not sufficient.
  (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).
  (o) Required Payments and Eligible Costs of Projects That 
Enhance Economic Development or Incorporate Private 
Investment.--
          (1) Required payments.--Each grant or loan under this 
        chapter for a capital project described in section 
        5302(a)(1)(G) shall require that a person making an 
        agreement to occupy space in a facility funded under 
        this chapter pay a reasonable share of the costs of the 
        facility through rental payments and other means.
          (2) Eligible costs.--Eligible costs for a capital 
        project described in section 5302(a)(1)(G)--
                  (A) include property acquisition, demolition 
                of existing structures, site preparation, 
                utilities, building foundations, walkways, open 
                space, and a capital project for, and 
                improving, equipment or a facility for an 
                intermodal transfer facility or transportation 
                mall; but
                  (B) do not include construction of a 
                commercial revenue producing facility or a part 
                of a public facility not related to mass 
                transportation.
         *        *        *        *        *        *        *

Sec. 5325. Contract requirements

  (a) * * *
  [(b) Acquiring Rolling Stock.--A recipient of financial 
assistance of the United States Government under this chapter 
may make a contract to expend that assistance to acquire 
rolling stock--
          [(1) based on--
                  [(A) initial capital costs; or
                  [(B) performance, standardization, life cycle 
                costs, and other factors; or
          [(2) with a party selected through a competitive 
        procurement process.
  [(c) Procuring Associated Capital Maintenance Items.--A 
recipient of a grant under section 5307 of this title procuring 
an associated capital maintenance item under section 5307(b) 
may make a contract directly with the original manufacturer or 
supplier of the item to be replaced, without receiving prior 
approval of the Secretary, if the recipient first certifies in 
writing to the Secretary that--
          [(1) the manufacturer or supplier is the only source 
        for the item; and
          [(2) the price of the item is no more than the price 
        similar customers pay for the item.]
  [(d)] (b) Architectural, Engineering, and Design Contracts.--
A contract or requirement for program management, construction 
management, a feasibility study, and preliminary engineering, 
design, architectural, engineering, surveying, mapping, or 
related services for a project for which a grant or loan is 
made under this chapter shall be awarded in the same way as a 
contract for architectural and engineering services is 
negotiated under title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.) or 
an equivalent qualifications-based requirement of a State. When 
awarding such contracts, recipients of assistance under this 
chapter shall maximize efficiencies of administration by 
accepting nondisputed audits conducted by other government 
agencies, as provided in subparagraphs (C) through (F) of 
section 112(b)(2) of title 23. This subsection does not apply 
to the extent a State has adopted or adopts by law a formal 
procedure for procuring those services.
  (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. 5326. Special procurements

  (a) Turnkey System Projects.--[(1) In this subsection, 
``turnkey system project'' means a project under which a 
recipient makes a contract with a seller, firm, or consortium 
of firms to construct a mass transportation system that meets 
specific performance criteria and that the seller operates for 
a period of time.]
          (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) Selection of turnkey projects.--To advance new 
        technologies and lower the cost of a capital project 
        for a new mass transportation system or an operable 
        segment of a mass transportation system, the Secretary 
        of Transportation shall allow solicitation for a 
        turnkey system project to be financed under this 
        chapter to be awarded conditionally before United 
        States Government requirements have been met on the 
        project if the award is made without prejudice to 
        carrying out thoserequirements. Government financial 
assistance under this chapter may be made available for the project 
after the recipient complies with Government requirements.
          (3) Demonstrations.--To develop guidelines applying 
        generally to turnkey system projects, the Secretary may 
        approve at least 2 projects for an initial 
        demonstration phase. The results of the demonstration 
        projects (and other projects using this procurement 
        method on December 18, 1991) shall be considered in 
        developing guidelines to carry out this subsection.
         *        *        *        *        *        *        *
  [(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. Not later than 
March 17, 1992, the Secretary shall--
          [(1) make appropriate changes in existing procedures 
        to make the policy stated in this subsection readily 
        practicable for all mass transportation authorities; 
        and
          [(2) prescribe guidance that clarifies and carries 
        out the policy.]
  (c) Acquiring Rolling Stock.--A recipient of financial 
assistance of the United States Government 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 a grant under section 5307 of this title 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 
        similar customers pay for the item.

Sec. 5327. Project management oversight

  (a) * * *
         *        *        *        *        *        *        *
  (c) Limitations on Use of Available Amounts.--(1) * * *
  (2) The Secretary may use amounts available under paragraph 
(1) of this subsection to [make] enter into contracts for 
safety, procurement, management, and financial compliance 
reviews and audits of a recipient of amounts under paragraph 
(1) and to provide technical assistance to correct deficiencies 
identified in compliance reviews and audits carried out under 
this section. Subsections (a), (b), and (e) of this section do 
not apply to contracts under this paragraph.
         *        *        *        *        *        *        *

Sec. 5328. Project review

  (a) Schedule.--(1) * * *
  (2) After the draft is circulated and not later than 30 days 
after the applicant selects a locally preferred alternative, 
the Secretary shall allow the project to advance to the 
preliminary engineering stage if the Secretary finds the 
project is consistent with section [5309(e)(1)-(6) of this 
title] 5309(e).
         *        *        *        *        *        *        *
  (4) The Secretary shall make a full [financing] funding grant 
agreement under section 5309 of this title for a project not 
later than 120 days after the project enters the final design 
stage of construction. The agreement shall provide for a United 
States Government share of the construction cost at least equal 
to the Government share estimated in the Secretary's most 
recent report required under section [5309(m)(2) of this title] 
5309(o)(1) or an update of the report unless the applicant 
requests otherwise.
         *        *        *        *        *        *        *

Sec. 5333. Labor standards

  (a) * * *
  (b) Employee Protective Arrangements.--(1) As a condition of 
financial assistance under sections 5307-5312, 5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and [5338(j)(5)] 
5338(b) of this title, the interests of employees affected by 
the assistance shall be protected under arrangements the 
Secretary of Labor concludes are fair and equitable. The 
agreement granting the assistance under sections 5307-5312, 
5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 
[5338(j)(5)] 5338(b) shall specify the arrangements.
         *        *        *        *        *        *        *

Sec. 5334. Administrative provisions

  (a) General Authority.--In carrying out this chapter, the 
Secretary of Transportation may--
          (1) * * *
         *        *        *        *        *        *        *
          (8) consent to a modification in an agreement under 
        this chapter; [and]
          (9) include in an agreement or instrument under this 
        chapter a covenant or term the Secretary of 
        Transportation considers necessary to carry out this 
        chapter[.]; and
          (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) Procedures for Prescribing Regulations.--(1) * * *
         *        *        *        *        *        *        *
  (4) The Secretary of Transportation shall comply with this 
section (except subsections (h) and (i)) and sections 
[5323(a)(2), (c) and (e), 5324(c), and 5325 of this title] 
5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 
5326(c), and 5326(d) when proposing or carrying out a 
regulation governing an activity under this chapter, except for 
a routine matter or a matter with no significant impact.
         *        *        *        *        *        *        *
  [(i) Authority of Secretary of Housing and Urban 
Development.--The Secretary of Housing and Urban Development 
shall--
          [(1) carry out section 5312(a) and (b)(1) of this 
        title related to--
                  [(A) urban transportation systems and planned 
                development of urban areas; and
                  [(B) the role of transportation planning in 
                overall urban planning; and
          [(2) advise and assist the Secretary of 
        Transportation in making findings under section 
        5323(a)(1)(A) of this title.]
  (i) Flexibility for Areas With Populations Under 200,000.--
Not later than 180 days after the date of the enactment of the 
Building Efficient Surface Transportation and Equity Act of 
1998, the Secretary shall seek public comment on ways to 
simplify and streamline the administration of the formula 
program for urbanized areas with populations of less than 
200,000 and shall make, to the extent feasible and consistent 
with statutory requirements, every effort to ease any 
administrative burdens thereby identified.
         *        *        *        *        *        *        *

Sec. 5335. Reports and audits

  (a) [Reporting System and Uniform System of Accounts and 
Records] National Transit Database.--(1) To help meet the needs 
of individual mass transportation systems, the United States 
Government, State and local governments, and the public for 
information on which to base mass transportation service 
planning, the Secretary of Transportation shall maintain a 
reporting system, [by uniform categories,] using uniform 
categories to accumulate mass transportation financial and 
operating information [and a uniform system of accounts and 
records] and using a uniform system of accounts. The reporting 
and uniform systems shall contain appropriate information to 
help any level of government make a public sector investment 
decision. The Secretary may request and receive appropriate 
information from any source.
  [(b) Quarterly Reports.--Not later than 30 days after the 
last day of each calendar quarter, the Secretary shall submit 
to the Committees on Transportation and Infrastructure and 
Appropriations of the House of Representatives and the 
Committees on Banking, Housing, and Urban Affairs and 
Appropriations of the Senate a report on--
          [(1) obligations by State, designated recipient, and 
        applicant made under this chapter during the quarter;
          [(2) the balance of unobligated apportionments under 
        this chapter on the last day of the quarter;
          [(3) the balance of unobligated amounts under this 
        chapter on the last day of the quarter that the 
        Secretary may expend;
          [(4) letters of intent issued during the quarter;
          [(5) letters of intent outstanding on the last day of 
        the quarter; and
          [(6) grant contracts executed and reimbursement 
        authority established for amounts obligated for each 
        State, designated recipient, and applicant.
  [(c) Biennial Needs Report.--In January 1993, the Comptroller 
General 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 containing an evaluation of the extent to which 
current mass transportation needs are addressed adequately and 
an estimate of the future mass transportation needs of the 
United States, including mass transportation needs in rural 
areas (particularly access to health care facilities). The 
report shall include--
          [(1) an assessment of needs related to rail 
        modernization, guideway modernization, replacing, 
        rehabilitating, and buying buses and related equipment, 
        constructing bus related facilities, and constructing 
        new fixed guideway systems and extensions to existing 
        fixed guideway systems;
          [(2) a 5-year projection of maintenance and 
        modernization needs resulting from aging of existing 
        equipment and facilities, including the need to 
        overhaul or replace existing bus fleets and rolling 
        stock used on fixed guideway systems;
          [(3) a 5-year projection of the need to invest in the 
        expansion of existing mass transportation systems to 
        meet changing economic, commuter, and residential 
        patterns;
          [(4) an estimate of the level of expenditure needed 
        to satisfy the needs identified in clauses (1)-(3) of 
        this paragraph;
          [(5) an examination of existing Government, State, 
        local, and private resources that are or reasonably can 
        be expected to be made available to support public mass 
        transportation; and
          [(6) the gap between the level of expenditure 
        estimated under clause (4) of this paragraph and the 
        level of resources identified under clause (5) of this 
        paragraph that are available to meet the needs.]
  [(d)] (b) Biennial Transferability Report.--In January 1993, 
the Comptroller General 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 carrying out section 
5307(b)(5) of this title. The report shall--
          (1) identify, by State, the amount of mass 
        transportation money transferred for non-mass 
        transportation purposes under section 5307(b)(5) of 
        this title during the prior fiscal year;
         *        *        *        *        *        *        *

Sec. 5336. Apportionment of appropriations for [block grants] formula 
                    grants

  (a) Based on Urbanized Area Population.--Of the amount made 
available or appropriated under section [5338(f)] 5338(a)(3)(C) 
of this title--
          (1) * * *
         *        *        *        *        *        *        *
  [(d) Operating Assistance.--(1) The total amount apportioned 
under this section that may be used for operating assistance 
may not be more than--
          [(A) 80 percent of the total amount apportioned in 
        the fiscal year ending September 30, 1982, under 
        section 5(a)(1)(A), (2)(A), and (3)(A) of the Urban 
        Mass Transportation Act of 1964 to urbanized areas with 
        populations of at least 1,000,000;
          [(B) 90 percent of the total amount apportioned in 
        that year under section 5(a)(1)(A), (2)(A), and (3)(A) 
        to urbanized areas with populations of at least 200,000 
        but not more than 999,999;
          [(C) 95 percent of the total amount apportioned in 
        that year under section 5(a)(1)(A), (2)(A), and (3)(A) 
        to urbanized areas with populations of less than 
        200,000; or
          [(D) two-thirds of the total amount apportioned under 
        this section during the first complete year an 
        urbanized area received amounts under this section if 
        the area first became an urbanized area under the 1980 
        Government census or later.
  [(2) Amounts apportioned under paragraph (1) of this 
subsection shall be increased on October 1 of each year by an 
amount equal to the amount applicable to each urbanized area 
under paragraph (1) (except increases under this paragraph), 
multiplied by the percentage increase in the Consumer Price 
Index for all-urban consumers published by the Secretary of 
Labor during the most recent calendar year. However, the 
increase may not be more than the percentage increase of 
amounts made available under section 5338(f) of this title in 
the current fiscal year and amounts made available under 
section 5338(f) in the prior fiscal year.]
  (d) Limitation on Operating Assistance and Preventive 
Maintenance.--Of the funds apportioned under this section for 
urbanized areas, such sums as may be necessary shall be 
available for operating assistance for urbanized areas with 
populations under 200,000, except that the total amount of such 
funds made available for such operating assistance and for 
urbanized areas for preventive maintenance activities that 
become eligible for capital assistance under section 5307 on 
the date of the enactment of the Building Efficient Surface 
Transportation and Equity Act of 1998 may not exceed 
$400,000,000 for any fiscal year.
  (e) Date of Apportionment.--The Secretary of Transportation 
shall--
          (1) apportion amounts appropriated under section 
        [5338(f)] 5338(a)(3)(C) of this title to carry out 
        section 5307 of this title not later than the 10th day 
        after the date the amounts are appropriated or October 
        1 of the fiscal year for which the amounts are 
        appropriated, whichever is later; and
         *        *        *        *        *        *        *

Sec. 5337. Apportionment of appropriations for fixed guideway 
                    modernization

  [(a) Percentage Distribution.--The Secretary of 
Transportation shall apportion amounts made available for fixed 
guideway modernization under section 5309 of this title for 
each of the fiscal years ending September 30, 1993-1997, as 
follows:
          [(1) The first $455,000,000 shall be apportioned in 
        the following urbanized areas as follows:
                  [(A) Baltimore, 1.84 percent.
                  [(B) Boston, 8.56 percent.
                  [(C) Chicago/Northwestern Indiana, 17.18 
                percent.
                  [(D) Cleveland, 2.09 percent.
                  [(E) New York, 35.57 percent.
                  [(F) Northeastern New Jersey, 9.04 percent.
                  [(G) Philadelphia/Southern New Jersey, 12.41 
                percent.
                  [(H) San Francisco, 7.21 percent.
                  [(I) Southwestern Connecticut, 6.10 percent.
          [(2) The next $42,700,000 shall be apportioned in the 
        following urbanized areas as follows:
                  [(A) New York, 33.2341 percent.
                  [(B) Northeastern New Jersey, 22.1842 
                percent.
                  [(C) Philadelphia/Southern New Jersey, 5.7594 
                percent.
                  [(D) San Francisco, 2.7730 percent.
                  [(E) Pittsburgh, 31.9964 percent.
                  [(F) New Orleans, 4.0529 percent.
          [(3) The next $70,000,000 shall be apportioned as 
        follows:
                  [(A) 50 percent in the urbanized areas listed 
                in paragraphs (1) and (2) as provided in 
                section 5336(b)(2)(A) of this title.
                  [(B) 50 percent in other urbanized areas 
                eligible for assistance under section 
                5336(b)(2)(A) of this title if the areas 
                contain fixed guideway systems placed in 
                revenue service at least 7 years before the 
                fiscal year in which amounts are made available 
                and in any other urbanized area if, before the 
                first day of the fiscal year, the area 
                satisfies the Secretary that the area has 
                modernization needs that cannot be met 
                adequately with amounts received as provided in 
                section 5336(b)(2)(A).
          [(4) Remaining amounts shall be apportioned in each 
        urbanized area eligible for assistance under paragraphs 
        (1)-(3) of this subsection as provided in section 
        5336(b)(2)(A) of this title.]
  (a) Distribution.--The Secretary of Transportation 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 $74,849,950 shall be apportioned as 
        follows:
                  (A) $4,849,950 to the Alaska Railroad for 
                improvements to its passenger operations.
                  (B) Of the remaining $70,000,000--
                          (i) 50 percent in the urbanized areas 
                        listed in paragraph (1) as provided in 
                        section 5336(b)(2)(A); and
                          (ii) 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 $140,000,000 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) of this title if the areas 
                contain fixed guideway systems placed in 
                revenue service at least 7 years before the 
                fiscal year in which amounts are made available 
                and in any 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 $100,000,000 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.
         *        *        *        *        *        *        *
  (e) Route Segments To Be Included in Apportionment 
Formulas.--(1) Amounts apportioned under paragraphs (2)(B), 
(3), and (4) of subsection (a) shall have attributable to each 
urbanized area only the number of fixed guideway revenue miles 
of service and number of fixed guideway route miles for 
segments of fixed guideway systems used to determine 
apportionments for fiscal year 1997.
  (2) Amounts apportioned under paragraphs (5) through (7) of 
subsection (a) shall have attributable to each urbanized area 
only the number of fixed guideway revenue miles of service and 
number of fixed guideway route-miles for segments of fixed 
guideway systems placed in revenue service at least 7 years 
before the fiscal year in which amounts are made available.

[Sec. 5338. Authorizations

  [(a) For Sections 5303-5306, 5308, 5310, 5311, 5313, 5314, 
5317, 5320, 5327, and 5334(a) and (c) and Section 103(e)(4) of 
Title 23.--(1) Not more than the following amounts are 
available from the Mass Transit Account of the Highway Trust 
Fund for the Secretary of Transportation to carry out sections 
5303-5306, 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 
5334(a) and (c) of this title:
          [(A) $1,150,000,000 for the fiscal year ending 
        September 30, 1993.
          [(B) $1,190,000,000 for the fiscal year ending 
        September 30, 1994.
          [(C) $1,150,000,000 for the fiscal year ending 
        September 30, 1995.
          [(D) $1,110,000,000 for the fiscal year ending 
        September 30, 1996.
          [(E) $1,920,000,000 for the fiscal year ending 
        September 30, 1997.
  [(2) In addition to amounts made available under paragraph 
(1) of this subsection, not more than the following amounts may 
be appropriated to the Secretary to carry out sections 5303-
5306, 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 
5334(a) and (c) of this title and substitute transit projects 
under section 103(e)(4) of title 23:
          [(A) $2,055,000,000 for the fiscal year ending 
        September 30, 1993.
          [(B) $1,885,000,000 for the fiscal year ending 
        September 30, 1994.
          [(C) $1,925,000,000 for the fiscal year ending 
        September 30, 1995.
          [(D) $1,965,000,000 for the fiscal year ending 
        September 30, 1996.
          [(E) $2,430,000,000 for the fiscal year ending 
        September 30, 1997.
  [(b) Section 5309.--(1) Not more than the following amounts 
are available from the Account for the Secretary to carry out 
section 5309 of this title:
          [(A) $1,725,000,000 for the fiscal year ending 
        September 30, 1993.
          [(B) $1,785,000,000 for the fiscal year ending 
        September 30, 1994.
          [(C) $1,725,000,000 for the fiscal year ending 
        September 30, 1995.
          [(D) $1,665,000,000 for the fiscal year ending 
        September 30, 1996.
          [(E) $2,880,000,000 for the fiscal year ending 
        September 30, 1997.
  [(2) In addition to amounts made available under paragraph 
(1) of this subsection, not more than the following amounts may 
be appropriated to the Secretary to carry out section 5309 of 
this title:
          [(A) $305,000,000 for the fiscal year ending 
        September 30, 1993.
          [(B) $265,000,000 for the fiscal year ending 
        September 30, 1994.
          [(C) $325,000,000 for the fiscal year ending 
        September 30, 1995.
          [(D) $385,000,000 for the fiscal year ending 
        September 30, 1996.
          [(E) $20,000,000 for the fiscal year ending September 
        30, 1997.
  [(c) Section 5315.--The Secretary shall make available in 
equal amounts from amounts provided under subsections (f) and 
(g) of this section not more than $3,000,000 for each of the 
fiscal years ending September 30, 1993-1997, to carry out 
section 5315 of this title.
  [(d) Section 5316.--Not more than the following amounts may 
be appropriated to the Secretary from the Fund (except the 
Account) for each of the fiscal years ending September 30, 
1993-1997:
          [(1) $250,000 to carry out section 5316(a) of this 
        title.
          [(2) $3,000,000 to carry out section 5316(b) of this 
        title.
          [(3) $1,000,000 to carry out section 5316(c) of this 
        title.
          [(4) $1,000,000 to carry out section 5316(d) of this 
        title.
          [(5) $1,000,000 to carry out section 5316(e) of this 
        title.
  [(e) Section 5317.--(1) Not more than $6,000,000 is available 
from the Fund (except the Account) for the Secretary for each 
of the fiscal years ending September 30, 1993-1997, to carry 
out section 5317 of this title.
  [(2) Not more than the following amounts may be appropriated 
to the Secretary from the Fund (except the Account) for making 
grants under section 5317(b)(5)(B) of this title:
          [(A) $3,000,000 for the fiscal year ending September 
        30, 1993.
          [(B) $2,500,000 for the fiscal year ending September 
        30, 1994.
  [(f) Section 5307.--Amounts remaining available each fiscal 
year under subsection (a)(1) of this section, after allocation 
under subsections (g)-(i) and (j)(4) of this section, are 
available under section 5307 of this title.
  [(g) Planning, Programming, and Research.--Before 
apportioning in each fiscal year amounts made available or 
appropriated under subsection (a) of this section, an amount 
equal to 3 percent of amounts made available or appropriated 
under subsections (a) and (b) of this section is available as 
follows:
          [(1) 45 percent for metropolitan planning activities 
        under section 5303(g) of this title.
          [(2) 5 percent to carry out section 5311(b)(2) of 
        this title.
          [(3) 20 percent to carry out State programs under 
        section 5313 of this title.
          [(4) 30 percent to carry out the national program 
        under section 5314 of this title.
  [(h) Other Set-Asides.--Before apportioning in each fiscal 
year amounts made available or appropriated under subsection 
(a) of this section, of amounts made available or appropriated 
under subsections (a) and (b) of this section--
          [(1) not more than .96 percent is available for 
        administrative expenses to carry out section 5334(a) 
        and (c)-(f) of this title;
          [(2) not more than 1.34 percent is available for 
        transportation services to elderly individuals and 
        individuals with disabilities under the formula under 
        section 5310(a) of this title; and
          [(3) $7,000,000 is available for section 5317 for 
        each of the fiscal years ending September 30, 1993-
        1997.
  [(i) Completing Interstate Transfer Transit Projects.--Of the 
amounts remaining available each year under subsections (a) and 
(b) of this section, after allocation under subsections (g) and 
(h) of this section, not more than $164,843,000 for the fiscal 
year ending September 30, 1993, is available for substitute 
transit projects under section 103(e)(4) of title 23.
  [(j) Limitations.--Of the amounts available--
          [(1) under subsection (a)(2) of this section, 3.5 
        percent is available to finance programs and 
        activities, including administrative costs, under 
        section 5310 of this title;
          [(2) 1.5 percent of the amounts available to finance 
        research, development, and demonstration projects under 
        section 5312(a) of this title is available to increase 
        the information and technology available to provide 
        improved mass transportation service and facilities 
        planned and designed to meet the special needs of 
        elderly individuals and individuals with disabilities;
          [(3) not more than 12.5 percent is available for 
        grants to any one State under section 5312(c)(2) of 
        this title;
          [(4) 5.5 percent of the amount remaining available 
        each year under subsection (a)(1) of this section, 
        after allocation under subsections (g)-(i) of this 
        section, is available under the formula under section 
        5311 of this title; and
          [(5) under section 5309(m)(1)(C) of this title--
                  [(A) $2,000,000 is available for the fiscal 
                year ending September 30, 1993;
                  [(B) the lesser of $2,000,000 or an amount 
                the Secretary determines is necessary for each 
                fiscal year is available for each of the fiscal 
                years ending September 30, 1994-1996; and
                  [(C) the lesser of $3,000,000 or an amount 
                the Secretary determines is necessary is 
                available for the fiscal year ending September 
                30, 1997.
  [(k) Grants as Contractual Obligations.--(1) A grant or 
contract approved by the Secretary, that is financed with 
amounts made available under subsection (a)(1), (b)(1), (c), or 
(e) of this section, is a contractual obligation of the United 
States Government to pay the Government's share of the cost of 
the project.
  [(2) A grant or contract, approved by the Secretary, that is 
financed with amounts made available under subsection (a)(2) or 
(b)(2) of this section, is a contractual obligation of the 
Government to pay the Government's share of the cost of the 
project only to the extent amounts are provided in advance in 
an appropriations law.
  [(l) Early Appropriations and Availability of Amounts.--(1) 
Amounts appropriated under subsection (a)(2) of this section to 
carry out section 5311 of this title may be appropriated in the 
fiscal year before the fiscal year in which the appropriation 
is available for obligation.
  [(2) Amounts made available or appropriated under subsections 
(a), (b), (g), (h)(1) and (2), and (j)(4) of this section 
remain available until expended.
  [(3) An amount apportioned under section 5308 of this title--
          [(A) remains available for 3 years after the fiscal 
        year in which the amount is apportioned; and
          [(B) that is unobligated at the end of the 3-year 
        period shall be added to the amount available for 
        apportionment for the next fiscal year not later than 
        30 days after the end of the 3-year period.]

Sec. 5338. Authorizations

  (a) Formula Grants.--
          (1) 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--
                  (A) $2,697,600,000 for fiscal year 1998;
                  (B) $3,213,000,000 for fiscal year 1999; and
                  (C) $3,553,000,000 for each of fiscal years 
                2000 through 2003.
          (2) From the general fund.--In addition to amounts 
        made available under paragraph (1), there are 
        authorized to be appropriated to carry out sections 
        5307 and 5311--
                  (A) $290,000,000 for fiscal year 1998; and
                  (B) $68,000,000 for fiscal year 1999.
          (3) Allocation of funds.--Of the aggregate of amounts 
        made available by and appropriated under this 
        subsection for a fiscal year--
                  (A) 2.4 percent shall be available to provide 
                transportation services to elderly individuals 
                and individuals with disabilities under section 
                5310;
                  (B) 5.37 percent shall be available to 
                provide financial assistance for other than 
                urbanized areas under section 5311; and
                  (C) 92.23 percent shall be available to 
                provide financial assistance for urbanized 
                areas under section 5307.
  (b) Capital Program Grants and Loans.--There shall be 
available from the Mass Transit Account of the Highway Trust 
Fund to carry out section 5309:
          (1) $2,197,000,000 for fiscal year 1998.
          (2) $2,412,000,000 for fiscal year 1999.
          (3) $2,613,000,000 for each of fiscal years 2000 
        through 2003.
  (c) Planning.--
          (1) 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) 
        $54,000,000 for each of fiscal years 2000 through 2003.
          (2) From the general fund.--There are authorized to 
        be appropriated to carry out sections 5303, 5304, 5305, 
        and 5313(b)--
                  (A) $48,000,000 for fiscal year 1998; and
                  (B) $52,000,000 for fiscal year 1999.
          (3) Allocation of funds.--Of the funds made available 
        by or appropriated under this subsection for a fiscal 
        year--
                  (A) 82.72 percent shall be available for 
                metropolitan planning under sections 5303, 
                5304, and 5305; and
                  (B) 17.28 percent shall be available for 
                State planning under section 5313(b).
  (d) Research.--
          (1) 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 $38,000,000 for each of fiscal years 
        2000 through 2003.
          (2) From the general fund.--There are authorized to 
        be appropriated to carry out sections 5311(b)(2), 5312, 
        5313(a), 5314, 5315, and 5322 $38,000,000 for each of 
        fiscal years 1998 and 1999.
          (3) Allocation of funds.--Of the funds made available 
        by or appropriated under this subsection for a fiscal 
        year--
                  (A) not less than $5,250,000 shall be 
                available for providing rural transportation 
                assistance under section 5311(b)(2);
                  (B) not less than $8,250,000 shall be 
                available for carrying out transit cooperative 
                research programs under section 5313(a);
                  (C) not less than $3,000,000 shall be 
                available to carry out programs under the 
                National Transit Institute under section 5315; 
                and
                  (D) 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) From the trust fund.--There shall be available 
        from the Mass Transit Account of the Highway Trust Fund 
        to carry out section 5505 $6,000,000 for each of fiscal 
        years 2000 through 2003.
          (2) From the general fund.--There is authorized to be 
        appropriated to carry out section 5505 $6,000,000 per 
        fiscal year for fiscal years 1998 and 1999.
  (f) Administration.--
          (1) From the trust fund.--There shall be available 
        from the Mass Transit Account of the Highway Trust Fund 
        for administrative expenses to carry out section 5334 
        $52,000,000 for each of fiscal years 2000 through 2003.
          (2) From the general fund.--There is authorized to be 
        appropriated for administrative expenses to carry out 
        section 5334--
                  (A) $46,000,000 for fiscal year 1998; and
                  (B) $50,000,000 for fiscal year 1999.
  (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), (b), (c)(1), (d)(1), (e)(1), or (f)(1) 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 available under subsection (a)(2), 
        (c)(2), (d)(2), (e)(2), or (f)(2) is a contractual 
        obligation of the Government to pay the Government's 
        share of the cost of the project only to the extent 
        amounts are provided in advance in an appropriations 
        law.
  (h) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (e) shall remain 
available until expended.

                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
5501.  National Intermodal Transportation System policy.
         *        *        *        *        *        *        *
5505.  University transportation research.
         *        *        *        *        *        *        *

                         SUBCHAPTER I--GENERAL

         *        *        *        *        *        *        *

Sec. 5503. Office of Intermodalism

  (a) * * *
         *        *        *        *        *        *        *
  [(d) Intermodal Transportation Data Base.--(1) The Director 
shall develop, maintain, and disseminate intermodal 
transportation data through the Bureau of Transportation 
Statistics. The Director shall coordinate the collection of 
data for the data base with the States and metropolitan 
planning organizations. The data base shall include information 
on--
          [(A) the volume of property and number of individuals 
        carried in intermodal transportation by relevant 
        classification;
          [(B) patterns of movement of property and individuals 
        in intermodal transportation by relevant classification 
        by origin and destination; and
          [(C) public and private investment in intermodal 
        transportation facilities and services.
  [(2) The Director shall make information from the data base 
available to the public.]
  [(e)] (d) Research.--The Director shall--
          (1) coordinate United States Government research on 
        intermodal transportation as provided in the plan 
        developed under section 6009(b) of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (Public 
        Law 102-240, 105 Stat. 2177); and
          (2) carry out additional research needs identified by 
        the Director.
  [(f)] (e) Technical Assistance.--The Director shall provide 
technical assistance to States and to metropolitan planning 
organizations for urban areas having a population of at least 
1,000,000 in collecting data related to intermodal 
transportation to facilitate the collection of the data by 
States and metropolitan planning organizations.
  [(g)] (f) Administrative and Clerical Support.--The Director 
shall provide administrative and clerical support to the 
Intermodal Transportation Advisory Board.
         *        *        *        *        *        *        *

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 10 university transportation centers, in addition to 
the centers receiving grants under subsection (a), to address 
transportation management and research and development, with 
special attention to increasing the number of highly skilled 
individuals entering the field of transportation.
  (c) Selection of Grant Recipients.--
          (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.--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 5307 or 5311 of this 
title or section 313, 322, or 326(a) 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, 
        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) Special Rule for Fiscal Years 1998 and 1999.--
          (1) In general.--In carrying out subsections (a) and 
        (b) in fiscal years 1998 and 1999, the Secretary shall 
        make grants to each university transportation center 
        and university research institute that received a grant 
        in fiscal year 1997 under section 5316 or 5317 of this 
        title, as in effect on the day before the date of the 
        enactment of this section.
          (2) Terms and conditions.--Notwithstanding any other 
        provision of this section, grants made pursuant to 
        paragraph (1) in fiscal years 1998 and 1999 shall be 
        subject to the same terms and conditions as the fiscal 
        year 1997 grants referred to in paragraph (1); except 
        that the university research institutes at San Jose 
        State University, North Carolina A&T State University, 
        and the University of South Florida shall each receive 
        $1,000,000 in grants under paragraph (1) in each of 
        fiscal years 1998 and 1999.
  (j) University Research Institutes.--Any university research 
institute that received a grant under section 5316 of this 
title, as in effect on the day before the date of the enactment 
of this section, shall be eligible to receive grants made 
available to university transportation centers under this 
section.
  (k) Applications That May Be Considered.--In selecting grant 
recipients under subsection (b), the Secretary shall consider 
at a minimum applications submitted by the following:
          (1) Any university transportation center or 
        university research institute described in subsection 
        (i)(1).
          (2) The University of Denver and Mississippi State 
        University.
          (3) The University of Arizona.
          (4) The University of Central Florida.
          (5) Carnegie Mellon and Lehigh Universities.
          (6) University of Southern California and California 
        State University at Long Beach.
          (7) Pace University.
          (8) A consortium of historically black colleges in 
        Alabama.
          (9) Lawson State Community College.
          (10) A consortium consisting of the University of 
        Wisconsin, the University of Illinois, and Purdue 
        University.
          (11) The University of New Hampshire.
          (12) A consortium consisting of George Mason 
        University, along with the University of Virginia and 
        Virginia Tech University.
          (13) The University of Tennessee.
          (14) The Alabama Transportation Institute.
          (15) A consortium consisting of Columbia University, 
        City University of New York, Manhattan College, and New 
        Jersey Institute of Technology.
          (16) Maritime College of the State University of New 
        York.
          (17) University of New Orleans.
         *        *        *        *        *        *        *

                       SUBTITLE V--RAIL PROGRAMS

                             PART A--SAFETY

Chapter                                                             Sec.
      GENERAL......................................................20101
         *        *        *        *        *        *        *

                           PART B--ASSISTANCE

      LOCAL RAIL FREIGHT ASSISTANCE................................22101
      LIGHT DENSITY RAIL LINE PILOT PROJECTS.......................22301
         *        *        *        *        *        *        *

                           PART B--ASSISTANCE

         *        *        *        *        *        *        *

          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 
$25,000,000 for each of the fiscal years 1998, 1999, 2000, 
2001, 2002, and 2003. Such funds shall remain available until 
expended.
         *        *        *        *        *        *        *

                        PART D--HIGH-SPEED RAIL

                CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE

         *        *        *        *        *        *        *

Sec. 26104. Authorization of appropriations

  (a) * * *
         *        *        *        *        *        *        *
  (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).
  [(d)] (h) Funds to Remain Available.--Funds made available 
under this section shall remain available until expended.

Sec. 26105. Definitions

  For purposes of this chapter--
          (1) the term ``financial assistance'' includes 
        grants, contracts, and cooperative agreements;
          [(2) the term ``high-speed rail'' has the meaning 
        given such term under section 511(n) of the Railroad 
        Revitalization and Regulatory Reform Act of 1976;]
          (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;
         *        *        *        *        *        *        *

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

         *        *        *        *        *        *        *

                            PART A--GENERAL

         *        *        *        *        *        *        *

                 CHAPTER 303--NATIONAL DRIVER REGISTER

         *        *        *        *        *        *        *

Sec. 30302. National Driver Register

  (a) * * *
         *        *        *        *        *        *        *
  (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.
         *        *        *        *        *        *        *

Sec. 30305. Access to Register information

  (a) * * *
  (b) Requests To Obtain Information.--(1) * * *
  (2) An individual who is employed, or is seeking employment, 
as a driver of a motor vehicle may request the chief driver 
licensing official of the State in which the individual is 
employed or seeks employment to provide information about the 
individual under subsection (a) of this section to the 
individual's employer or prospective employer. An employer or 
prospective employer may receive the information and shall make 
the information available to the individual. Information may 
not be obtained from the National Driver Register under this 
paragraph if the information was entered in the Register more 
than 3 years before the request, unless the information is 
about a revocation or suspension still in effect on the date of 
the request.
         *        *        *        *        *        *        *
  (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).
         *        *        *        *        *        *        *
  (8) An individual who is seeking employment by an air carrier 
as a pilot may request the chief driver licensing official of a 
State to provide information about the individual under 
[paragraph (2)] subsection (a) of this section to the 
prospective employer of the individual or to the Secretary of 
Transportation. Information may not be obtained from the 
National Driver Register under this subsection if the 
information was entered in the Register more than 5 years 
before the request unless the information is about a revocation 
or suspension still in effect on the date of the request.
  [(8)] (9) A request under this subsection shall be made in 
the form way the Secretary of Transportation prescribes by 
regulation.
  [(6)] (10) An individual may request the chief driver 
licensing official of a State to obtain information about the 
individual under subsection (a) of this section--
          (A) * * *
         *        *        *        *        *        *        *
  (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.
         *        *        *        *        *        *        *

                           PART B--COMMERCIAL

              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

                      [SUBCHAPTER I--STATE GRANTS]

 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS

Sec.
[31101.  Definitions.]
31101.  Objective and definitions.
         *        *        *        *        *        *        *
[31106.  Commercial motor vehicle information system program.
[31107.  Truck and bus accident grant program.]
31106.  Information systems.
31107.  Authorization of appropriations for information systems.

                    SUBCHAPTER III--SAFETY REGULATION

31131.  Purposes and findings.
         *        *        *        *        *        *        *
[31134.  Commercial Motor Vehicle Safety Regulatory Review Panel.]
         *        *        *        *        *        *        *
[31140.  Submission of State laws and regulations for review.]
         *        *        *        *        *        *        *

                      [SUBCHAPTER IV--MISCELLANEOUS

[31161.  Procedures to ensure timely correction of safety violations.
[31162.  Compliance review priority.]

 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS

[Sec. 31101. Definitions]

Sec. 31101. Objective and definitions

  (a) Objective.--The objective of this subchapter is to ensure 
that the Secretary, States, and other political jurisdictions 
establish programs to improve motor carrier, commercial motor 
vehicle, and driver safety to support a safe and efficient 
transportation system by--
          (1) promoting safe for-hire and private 
        transportation, including transportation of passengers 
        and hazardous materials, to reduce the number and 
        severity of commercial motor vehicle crashes;
          (2) developing and enforcing effective, compatible, 
        and cost-beneficial motor carrier, commercial motor 
        vehicle, and driver safety regulations and practices, 
        including 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 
        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
          (5) advancing promising technologies and encouraging 
        adoption of safe operational practices.
  [In this subchapter--]
  (b) Definitions.--In this subchapter the following 
definitions apply:
          (1) ``commercial motor vehicle'' means (except in 
        section 31106) a self-propelled or towed vehicle used 
        on the highways in commerce principally to transport 
        passengers or cargo, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least [10,000 
                pounds] 10,001 pounds, whichever is greater;
                  (B) is designed to transport more than 10 
                passengers including the driver; or
                  (C) is used in transporting material found by 
                the Secretary of Transportation to be hazardous 
                under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.
         *        *        *        *        *        *        *

Sec. 31102. Grants to States

  (a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
material transportation safety, and compatible State 
regulations, standards, and orders.
  (b) State Plan Procedures and Contents.--(1) The Secretary 
shall prescribe procedures for a State to submit a plan under 
which the State agrees to [adopt and assume responsibility for 
enforcing] assume responsibility for improving motor carrier 
safety and to adopt and enforce regulations, standards, and 
orders of the Government on commercial motor vehicle safety, 
hazardous material transportation safety, or compatible State 
regulations, standards, and orders. The Secretary shall approve 
the plan if the Secretary decides the plan is adequate to 
promote the objectives of this section and the plan--
          (A) * * *
         *        *        *        *        *        *        *
          (J) ensures that activities described in subsection 
        (c)(1) of this section, if financed with grants under 
        subsection (a) of this section, will not diminish the 
        effectiveness of the development and implementation of 
        commercial motor vehicle safety programs described in 
        subsection (a);
          [(K) ensures that fines imposed and collected by the 
        State for violations of commercial motor vehicle safety 
        regulations will be reasonable and appropriate and 
        that, to the maximum extent practicable, the State will 
        attempt to implement the recommended fine schedule 
        published by the Commercial Vehicle Safety Alliance;
          [(L) ensures that the State agency will coordinate 
        the plan prepared under this section with the State 
        highway safety plan under section 402 of title 23;
          [(M) ensures participation by the 48 contiguous 
        States in SAFETYNET not later than January 1, 1994;
          [(N) provides satisfactory assurances that the State 
        will undertake efforts that will emphasize and improve 
        enforcement of State and local traffic safety laws and 
        regulations related to commercial motor vehicle 
        safety;]
          (K) ensures consistent, effective, and reasonable 
        sanctions;
          (L) ensures that the State agency will coordinate the 
        plan, data collection, and information systems with 
        State highway safety programs under title 23;
          (M) ensures participation in motor carrier, 
        commercial motor vehicle, and driver information 
        systems by all appropriate jurisdictions receiving 
        funding under this section;
          (N) implements performance-based activities by fiscal 
        year 2003;
          (O) provides satisfactory assurances that the State 
        will promote activities in support of national 
        priorities and performance goals, including--
                  (i) [to remove] activities aimed at removing 
                impaired commercial motor vehicle drivers from 
                the highways of the United States through 
                adequate enforcement of regulations on the use 
                of alcohol and controlled substances and by 
                ensuring ready roadside access to alcohol 
                detection and measuring equipment;
                  (ii) [to provide] activities aimed at 
                removing an appropriate level of training to 
                State motor carrier safety assistance program 
                officers and employees on recognizing drivers 
                impaired by alcohol or controlled substances; 
                and
                  [(iii) to promote enforcement of the 
                requirements related to the licensing of 
                commercial motor vehicle drivers, including 
                checking the status of commercial drivers' 
                licenses; and
                  [(iv) to improve enforcement of hazardous 
                material transportation regulations by 
                encouraging more inspections of shipper 
                facilities affecting highway transportation and 
                more comprehensive inspection of the loads of 
                commercial motor vehicles transporting 
                hazardous material;]
                  (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;
          [(P) provides satisfactory assurances that the State 
        will promote effective--
                  [(i) interdiction activities affecting the 
                transportation of controlled substances by 
                commercial motor vehicle drivers and training 
                on appropriate strategies for carrying out 
                those interdiction activities; and
                  [(ii) use of trained and qualified officers 
                and employees of political subdivisions and 
                local governments, under the supervision and 
                direction of the State motor vehicle safety 
                agency, in the enforcement of regulations 
                affecting commercial motor vehicle safety and 
                hazardous material transportation safety; and]
          (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;
          (Q) ensures that the State will cooperate in the 
        enforcement of registration and financial 
        responsibility requirements under sections 31140 and 
        31146, or regulations issued thereunder[.]; and
          (R) ensures that roadside inspections will be 
        conducted only at a distance that is adequate to 
        protect the safety of drivers and enforcement 
        personnel.
         *        *        *        *        *        *        *

Sec. 31103. United States Government's share of costs

  The Secretary of Transportation shall reimburse a State, from 
a grant made under this subchapter, an amount that is not more 
than 80 percent of the costs incurred by the State in a fiscal 
year in developing and implementing programs to improve 
commercial motor vehicle safety and enforce commercial motor 
vehicle regulations, standards, or orders adopted under this 
subchapter or subchapter II of this chapter. In determining 
those costs, the Secretary shall include in-kind contributions 
by the State. Amounts of the State and its political 
subdivisions required to be expended under section 
31102(b)(1)(D) of this title may not be included as part of the 
share not provided by the United States Government. The 
Secretary may allocate among the States whose applications for 
grants have been approved those amounts appropriated for grants 
to support those programs, under criteria that may be 
established.

Sec. 31104. Availability of amounts

  [(a) General.--Subject to section 9503(c)(1) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), the following 
amounts are available from the Highway Trust Fund (except the 
Mass Transit Account) for the Secretary of Transportation to 
incur obligations to carry out section 31102 of this title:
          [(1) not more than $76,000,000 for the fiscal year 
        ending September 30, 1993.
          [(2) not more than $80,000,000 for the fiscal year 
        ending September 30, 1994.
          [(3) not more than $83,000,000 for the fiscal year 
        ending September 30, 1995.
          [(4) not more than $85,000,000 for the fiscal year 
        ending September 30, 1996.
          [(5) not more than $90,000,000 for the fiscal year 
        ending September 30, 1997.]
  (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 $78,000,000 for fiscal year 1998.
          (2) Not more than $110,000,000 for fiscal year 1999.
          (3) Not more than $130,000,000 for each of fiscal 
        years 2000 through 2003.
  (b) Availability and Reallocation of Amounts.--[(1)] Amounts 
made available under subsection (a) of this section remain 
available until expended. Allocations to a State remain 
available for expenditure in the State for the fiscal year in 
which they are allocated and for the next fiscal year. Amounts 
not expended by a State during those 2 fiscal years are 
released to the Secretary for reallocation.
  [(2) Amounts made available under section 404(a)(2) of the 
Surface Transportation Assistance Act of 1982 before October 1, 
1991, that are not obligated on October 1, 1992, are available 
for reallocation and obligation under paragraph (1) of this 
subsection.]
         *        *        *        *        *        *        *
  [(f) Allocation Criteria.--On October 1 of each fiscal year 
or as soon after that date as practicable, the Secretary, after 
making the deduction described in subsection (e) of this 
section, shall allocate under criteria the Secretary 
establishes the amounts available for that fiscal year among 
the States with plans approved under section 31102 of this 
title. However, the Secretary may designate specific eligible 
States among which to allocate those amounts in allocating 
amounts available--
          [(1) for research, development, and demonstration 
        under subsection (g)(1)(F) of this section; and
          [(2) for public education under subsection (g)(1)(G) 
        of this section.
  [(g) Specific Allocations.--(1) Of amounts made available 
under subsection (a) of this section--
          [(A) for each fiscal year beginning after September 
        30, 1992, the Secretary shall obligate at least 
        $1,500,000 to make grants to States for training 
        inspectors to enforce regulations prescribed by the 
        Secretary related to the transportation of hazardous 
        material by commercial motor vehicles;
          [(B) for each of the fiscal years ending September 
        30, 1993-1997, the Secretary may obligate not more than 
        $2,000,000 to carry out section 31106 of this title;
          [(C) for each of the fiscal years ending September 
        30, 1993-1997, the Secretary may obligate not more than 
        $2,000,000 to carry out section 31107 of this title;
          [(D) for each of the fiscal years ending September 
        30, 1993-1995, the Secretary shall obligate at least 
        $4,250,000, and for each of the fiscal years ending 
        September 30, 1996, and 1997, the Secretary shall 
        obligate at least $5,000,000, for traffic enforcement 
        activities related to commercial motor vehicle drivers 
        that are carried out in conjunction with an appropriate 
        inspection of a commercial motor vehicle for compliance 
        with Government or State commercial motor vehicle 
        safety regulations;
          [(E) for each of the fiscal years ending September 
        30, 1993-1995, the Secretary shall obligate at least 
        $1,000,000 to increase enforcement of the licensing 
        requirements of chapter 313 of this title by motor 
        carrier safety assistance program officers and 
        employees, including the cost of purchasing equipment 
        for, and conducting, inspections to check the current 
        status of licenses issued under chapter 313;
          [(F) for each fiscal year, the Secretary shall 
        obligate at least $500,000 for research, development, 
        and demonstration of technologies, methodologies, 
        analyses, or information systems designed to carry out 
        section 31102 of this title and that are beneficial to 
        all jurisdictions; and
          [(G) for each fiscal year, the Secretary shall 
        obligate at least $350,000 to educate the motoring 
        public on how to share the road safely with commercial 
        motor vehicles.
  [(2) The Secretary shall announce publicly amounts obligated 
under paragraph (1)(F) of this subsection and award those 
amounts competitively, when practicable, to any eligible State 
for up to 100 percent of the State costs or to other persons as 
the Secretary decides.
  [(3) In carrying out educational activities referred to in 
paragraph (1)(G) of this subsection, the Secretary shall 
consult with appropriate industry representatives.]
  (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 activities and projects.--The 
        Secretary may designate up to 5 percent of amounts 
        available for allocation under paragraph (1) to 
        reimburse--
                  (A) States 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; 
                and
                  (B) local governments and other persons that 
                use trained and qualified officers and 
                employees, for carrying out activities and 
                projects described in subparagraph (A) in 
                coordination with State motor vehicle safety 
                agencies.
  [(h)] (g) Payment to States for Costs.--Each State shall 
submit vouchers for costs the State incurs under this section 
and section 31102 of this title. The Secretary shall pay the 
State an amount not more than the Government share of costs 
incurred as of the date of the vouchers.
  [(i) Improved Allocation Formula.--The Secretary shall 
prescribe regulations to develop an improved formula and 
process for allocating amounts made available for grants under 
section 31102(a) of this title among States eligible for those 
amounts. In prescribing those regulations, the Secretary 
shall--
          [(1) consider ways to provide incentives to States 
        that demonstrate innovative, successful, cost-
        efficient, or cost-effective programs to promote 
        commercial motor vehicle safety and hazardous material 
        transportation safety;
          [(2) place special emphasis on incentives to States 
        that conduct traffic safety enforcement activities that 
        are coupled with motor carrier safety inspections; and
          [(3) consider ways to provide incentives to States 
        that increase compatibility of State commercial motor 
        vehicle safety and hazardous material transportation 
        regulations with Government safety regulations and 
        promote other factors intended to promote effectiveness 
        and efficiency the Secretary decides are appropriate.]
  [(j)] (h) Intrastate Compatibility.--The Secretary shall 
prescribe regulations specifying [tolerance] guidelines and 
standards for ensuring compatibility of intrastate commercial 
motor vehicle safety laws and regulations with Government motor 
carrier safety regulations to be enforced under section 
31102(a) of this title. To the extent practicable, the 
guidelines and standards shall allow for maximum flexibility 
while ensuring the degree of uniformity that will not diminish 
transportation safety. In reviewing State plans and allocating 
amounts or making grants under section 153 of title 23, the 
Secretary shall ensure that the guidelines and standards are 
applied uniformly.
         *        *        *        *        *        *        *

[Sec. 31106. Commercial motor vehicle information system program

  [(a) Definition.--In this section, ``commercial motor 
vehicle'' means a self-propelled or towed vehicle used on 
highways in intrastate or interstate commerce to transport 
passengers or property, if the vehicle--
          [(1) has a gross vehicle weight rating of at least 
        10,001 pounds;
          [(2) is designed to transport more than 15 
        passengers, including the driver; or
          [(3) is used in transporting material found by the 
        Secretary of Transportation to be hazardous under 
        section 5103 of this title and that material is 
        transported in a quantity requiring placarding under 
        regulations the Secretary prescribes under section 
        5103.
  [(b) Information System.--(1) In cooperation with the States, 
the Secretary may establish as part of the motor carrier safety 
information network system of the Department of Transportation 
and similar State systems, an information system to serve as a 
clearinghouse and depository of information related to State 
registration and licensing of commercial motor vehicles and the 
safety fitness of the commercial motor vehicle registrants. The 
Secretary shall include in the system information on the safety 
fitness of each of the registrants and other information the 
Secretary considers appropriate, including information on 
vehicle inspections and out-of-service orders.
  [(2) The operation of the information system established 
under paragraph (1) of this subsection shall be paid for by a 
schedule of user fees. The Secretary may authorize the 
operation of the information system by contract, through an 
agreement with one or more States, or by designating, after 
consulting with the States, a third party that represents the 
interests of the States.
  [(3) The Secretary shall prescribe standards to ensure--
          [(A) uniform information collection and reporting by 
        the States necessary to carry out this section; and
          [(B) the availability and reliability of the 
        information to the States and the Secretary from the 
        information system.
  [(c) Demonstration Project.--The Secretary shall make grants 
to States to carry out a project to demonstrate ways of 
establishing an information system that will link the motor 
carrier safety information network system of the Department and 
similar State systems with the motor vehicle registration and 
licensing systems of the States. The project shall be 
designed--
          [(1) to allow a State when issuing license plates for 
        a commercial motor vehicle to establish through use of 
        the information system the safety fitness of the person 
        seeking to register the vehicle; and
          [(2) to decide on types of sanctions that may be 
        imposed on the registrant, or the types of conditions 
        or limitations that may be imposed on the operations of 
        the registrant, to ensure the safety fitness of the 
        registrant.
  [(d) Review of State Systems.--Not later than December 18, 
1992, the Secretary, in cooperation with the States, shall 
review State motor vehicle registration systems related to 
license tags for commercial motor vehicles to decide whether 
those systems can be used in carrying out this section.
  [(e) Regulations.--The Secretary shall prescribe regulations 
to carry out this section.
  [(f) Report to Congress.--Not later than January 1, 1995, the 
Secretary shall submit a report to Congress on the cost, 
benefits, and feasibility of the information system established 
under subsection (b) of this section. If the Secretary decides 
that the system would be beneficial on a nationwide basis, the 
Secretary shall include in the report recommendations on 
legislation to implement a nationwide system.
  [(g) Authorization of Appropriations.--Amounts necessary to 
carry out this section may be made available to the Secretary 
under section 31104(g)(1)(B) of this title.

[Sec. 31107. Truck and bus accident grant program

  [(a) State Grants.--The Secretary of Transportation shall 
make grants to States that agree to adopt or have adopted the 
recommendations of the National Governors' Association related 
to police accident reports for truck and bus accidents. The 
Secretary may make a grant under this section only to assist a 
State in carrying out those recommendations, including--
          [(1) assisting the State in designing appropriate 
        forms;
          [(2) drafting instruction manuals;
          [(3) training appropriate State and local officers on 
        matters, including training on accident investigation 
        techniques to decide on the probable cause of truck and 
        bus accidents;
          [(4) analyzing and evaluating safety information to 
        develop recommended changes to existing safety programs 
        necessary to address more effectively the causes of 
        truck and bus accidents; and
          [(5) other activities the Secretary decides are 
        appropriate to carry out this section.
  [(b) Coordination With Other Programs.--The Secretary shall 
coordinate grants made under this section with highway safety 
programs under section 402 of title 23. The Secretary may 
require that the information from police reports for truck and 
bus accidents be included in reports made to the Secretary 
under the uniform information collection and reporting program 
under section 402.
  [(c) Authorization of Appropriations.--Amounts necessary to 
carry out this section may be made available to the Secretary 
under section 31104(g)(1)(C) of this title.]

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 activities required under this title.
          (2) Coordination into network.--In cooperation with 
        the States, the information systems under this section 
        shall be coordinated into a network providing 
        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, commercial motor vehicles, and 
                drivers;
                  (C) develop strategies to mitigate safety 
                problems and to measure the effectiveness of 
                such strategies and related programs;
                  (D) determine the cost-effectiveness of 
                Federal and State safety 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 may prescribe technical and operational 
        standards to ensure--
                  (A) uniform, timely, and accurate information 
                collection and reporting by the States and 
                other entities;
                  (B) uniform Federal, State, and local 
                policies and procedures; and
                  (C) the reliability and availability of the 
                information to the Secretary, States, and 
                others as the Secretary determines appropriate.
  (b) Performance and Registration Information Program.--
          (1) Information clearinghouse.--The Secretary shall 
        include, as part of the information systems 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 and the motor carriers operating the vehicles. 
        The clearinghouse and repository shall include 
        information on the safety fitness of each motor carrier 
        and registrant 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 safety 
        information systems with State 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 motor carrier or commercial 
                motor vehicle 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.
          (3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  (A) comply with the 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 
                or operating limitations on the basis of a 
                Federal safety fitness determination.
          (4) Funding.--Of the amounts made available under 
        section 31107, not more than $6,000,000 in each of 
        fiscal years 1998 through 2003 may be used to carry out 
        this subsection.
  (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 and 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.--
          (1) Availability of information.--The Secretary shall 
        make data collected in systems and through programs 
        under this section available to the public to the 
        maximum extent permissible under the Privacy Act of 
        1974 (5 U.S.C. 552a) and the Freedom of Information Act 
        (5 U.S.C. 552).
          (2) Review of data.--The Secretary shall allow 
        individuals and motor carriers to whom the data 
        pertains to review periodically such data and to 
        request corrections or clarifications.
          (3) State and local officials.--State and local 
        safety and enforcement officials shall have access to 
        data made available under this subsection to the same 
        extent as Federal safety and enforcement officials.

Sec. 31107. Authorization of appropriations for information systems

  (a) In General.--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) $7,000,000 for fiscal year 1998;
          (2) $15,000,000 for fiscal year 1999; and
          (3) $20,000,000 for each of fiscal years 2000 through 
        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.
         *        *        *        *        *        *        *

              SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

  (a) Definitions.--In this [section--] section, the following 
definitions apply:
          (1) Automobile transporter.--The term ``automobile 
        transporter'' means any vehicle combination designed 
        and used specifically for the transport of assembled 
        highway vehicles.
          [(1)] (2) Maxi-cube vehicle.--The term ``maxi-cube 
        vehicle'' means a truck tractor combined with a 
        semitrailer and a separable property-carrying unit 
        designed to be loaded and unloaded through the 
        semitrailer, with the length of the separable property-
        carrying unit being not more than 34 feet and the 
        length of the vehicle combination being not more than 
        65 feet.
          [(2)] (3) Truck tractor.--The term ``truck tractor'' 
        means--
                  (A) * * *
         *        *        *        *        *        *        *

                   SUBCHAPTER III--SAFETY REGULATION

         *        *        *        *        *        *        *

Sec. 31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  (B) is designed or used to transport 
                passengers for compensation, but excluding 
                vehicles providing taxicab or livery service 
                and having a capacity of not more than [6 
                passengers] 8 passengers, including the driver, 
                and not operated on a regular route or between 
                specified places;
         *        *        *        *        *        *        *

Sec. 31133. General powers of the Secretary of Transportation

  (a) General.--In carrying out this subchapter and regulations 
prescribed under section 31102 of this title, the Secretary of 
Transportation may--
          (1) conduct and make contracts for inspections and 
        investigations;
         *        *        *        *        *        *        *

[Sec. 31134. Commercial Motor Vehicle Safety Regulatory Review Panel

  [(a) Establishment and General Duty.--The Secretary of 
Transportation shall establish the Commercial Motor Vehicle 
Safety Regulatory Review Panel. The Panel shall analyze and 
review State laws and regulations under sections 31140 and 
31141 of this title.
  [(b) Specific Duties.--The Panel shall--
          [(1) carry out those duties and powers designated to 
        be carried out by the Panel under sections 31140 and 
        31141 of this title;
          [(2) conduct a study to--
                  [(A) evaluate the need, if any, for 
                additional assistance from the United States 
                Government to the States to enable them to 
                enforce the regulations prescribed by the 
                Secretary under section 31136 of this title; 
                and
                  [(B) decide on other methods of furthering 
                the purposes of this subchapter; and
          [(3) make recommendations to the Secretary based on 
        the results of the study conducted under clause (2) of 
        this subsection.
  [(c) Composition, Appointment, and Terms.--(1) The Panel 
shall be composed of 15 members as follows:
          [(A) the Secretary or the Secretary's delegate.
          [(B) 7 individuals appointed by the Secretary from 
        among individuals who represent the interests of States 
        and political subdivisions of States and whose names 
        have been submitted to the Secretary by the Committee 
        on Commerce, Science, and Transportation of the Senate 
        or the Committee on Transportation and Infrastructure 
        of the House of Representatives.
          [(C) 7 individuals appointed by the Secretary from 
        among individuals who represent the interests of 
        business, consumer, labor, and safety groups and whose 
        names have been submitted to the Secretary by the 
        Committee on Commerce, Science, and Transportation of 
        the Senate or the Committee on Transportation and 
        Infrastructure of the House of Representatives.
  [(2) The Secretary shall select the individuals to be 
appointed under this subsection on the basis of their 
knowledge, expertise, or experience related to commercial motor 
vehicle safety. Half of the appointments shall be made from 
names submitted by the Committee on Commerce, Science, and 
Transportation of the Senate, and the other half from names 
submitted by the Committee on Transportation and Infrastructure 
of the House of Representatives. Each of these committees shall 
submit to the Secretary the names of 20 individuals qualified 
to serve on the Panel.
  [(3) The term of each member of the Panel appointed under 
paragraph (1)(B) and (C) of this subsection is 7 years.
  [(4) A vacancy on the Panel shall be filled in the way the 
original appointment was made. The vacancy does not affect the 
Panel's powers.
  [(d) Chairman, Quorum, Meetings, and Pay.--(1) The Secretary 
is the Chairman of the Panel.
  [(2) Eight members of the Panel are a quorum, but the Panel 
may establish a lesser number as a quorum to hold hearings, 
take testimony, and receive evidence.
  [(3) The Panel shall meet at the call of the Chairman or a 
majority of its members.
  [(4) Members of the Panel shall serve without pay, except 
that they shall receive expenses under section 5703 of title 5.
  [(e) Personnel, Office Space, and Support Services.--On 
request of the Panel, the Secretary shall--
          [(1) detail personnel of the Department of 
        Transportation to the Panel as necessary to assist the 
        Panel in carrying out its duties and powers; and
          [(2) provide office space, supplies, equipment, and 
        other support services to the Panel as necessary for 
        the Panel to carry out its duties and powers.
  [(f) Hearings and Other Actions.--To carry out the duties and 
powers of the Panel under this subchapter, the Panel or any 
member authorized by the Panel may hold hearings, sit and act 
at times and places, take testimony, and take other actions the 
Panel or the member considers advisable. A member of the Panel 
may administer oaths to witnesses appearing before the Panel or 
the member.
  [(g) Temporary and Intermittent Services.--Subject to 
regulations the Panel may prescribe, the Chairman may procure 
the temporary or intermittent services of experts or 
consultants under section 3109 of title 5.]
         *        *        *        *        *        *        *

Sec. 31136. United States Government regulations

  (a) * * *
         *        *        *        *        *        *        *
  [(e) Waivers.--
          [(1) In general.--After notice and an opportunity for 
        comment, the Secretary may waive any part of a 
        regulation prescribed under this section as it applies 
        to a person or class of persons, if the Secretary 
        decides that the waiver is consistent with the public 
        interest and the safe operation of commercial motor 
        vehicles. Under this subsection, the Secretary shall 
        waive the regulations prescribed under this section as 
        they apply to schoolbuses (as defined in section 
        30125(a) of this title) unless the Secretary decides 
        that making the regulations applicable to schoolbuses 
        is necessary for public safety, considering all laws of 
        the United States and States applicable to schoolbuses. 
        A waiver under this subsection shall be published in 
        the Federal Register, with the reasons for the waiver.
          [(2) Commercial motor vehicle safety pilot program.--
                  [(A) In general.--Not later than the 270th 
                day following November 28, 1995, the Secretary 
                shall implement a commercial motor vehicle 
                regulatory relief and safety pilot program 
                (hereinafter in this paragraph referred to as 
                the ``program'') to grant and to monitor 
                exemptions from the provisions of this section 
                and sections 504 and 31502. The program shall 
                provide that the Secretary, within 120 days 
                after receiving an application for 
                participation in the program from an employer, 
                shall determine whether to exempt some or all 
                of the eligible vehicles operated by the 
                applicant, and some or all of the drivers of 
                such vehicles employed by the applicant, from 
                some or all of the regulations prescribed under 
                this section and sections 504 and 31502--
                          [(i) if the applicant has a 
                        satisfactory safety rating issued by 
                        the Secretary or meets criteria 
                        established by the Secretary pursuant 
                        to subparagraph (J) instead of such 
                        rating; and
                          [(ii) if the applicant and the 
                        Secretary enter into an agreement that 
                        provides that the applicant while 
                        participating in the program--
                                  [(I) shall operate safely;
                                  [(II) shall provide the 
                                Secretary with accident and 
                                nonconfidential insurance-
                                related information relevant to 
                                the safety performance of the 
                                applicant and vehicles and 
                                drivers of the applicant 
                                subject to the program;
                                  [(III) shall use in the 
                                program only drivers with good 
                                safety records in the preceding 
                                36 months and who maintain such 
                                good safety records while in 
                                the program; and
                                  [(IV) shall implement such 
                                safety management controls as 
                                the Secretary (in cooperation 
                                with the applicant) determines 
                                are necessary to carry out the 
                                objectives of this subsection.
                  [(B) Safety management controls.--Safety 
                management controls implemented by participants 
                in the program shall be designed to achieve a 
                level of operational safety equal to or greater 
                than that resulting from compliance with the 
                regulations prescribed under this section and 
                sections 504 and 31502.
                  [(C) Paperwork burden to be minimized.--The 
                Secretary shall ensure that participants in the 
                program are subject to a minimum of paperwork 
                and regulatory burdens necessary to ensure 
                compliance with the requirements of the 
                program.
                  [(D) Encouragement of advanced technology.--
                The Secretary shall encourage participants in 
                the program to use such advanced technologies 
                as may be necessary to ensure compliance with 
                the requirements of the program.
                  [(E) Approval factors.--In approving 
                applicants for participation in the program, 
                the Secretary shall--
                          [(i) ensure that the participants 
                        represent a broad cross-section of 
                        fleet size and drivers of eligible 
                        vehicles; and
                          [(ii) ensure participation by 
                        qualified applicants, except to the 
                        extent limited by resources of the 
                        Secretary that are necessary to permit 
                        effective monitoring under subparagraph 
                        (G).
                  [(F) Modifications to reflect changes in 
                regulations.--If there is a material change in 
                the regulations prescribed under this section 
                or section 504 or 31502, the Secretary shall 
                require each participant in the program to 
                modify the safety management controls 
                applicable to such participant, and the 
                agreement provided for in subparagraph (A)(ii), 
                to the extent necessary to reflect the material 
                change.
                  [(G) Monitoring.--The Secretary and 
                participants in the program shall monitor 
                periodically the safety of vehicles and drivers 
                subject to the program.
                  [(H) Termination of participation.--A 
                participant shall participate in the program 
                until--
                          [(i) the Secretary finds that--
                                  [(I) the participant has 
                                exceeded the average ratio of 
                                preventable accidents to 
                                vehicle miles traveled for a 
                                period of 12 months for 
                                eligible vehicles;
                                  [(II) the participant has 
                                failed to comply with the 
                                requirements established by the 
                                Secretary for participation in 
                                the program (including 
                                applicable safety management 
                                controls); or
                                  [(III) continued 
                                participation in the program is 
                                not in the public interest; or
                          [(ii) the participant voluntarily 
                        withdraws from the program.
                  [(I) Emergencies.--The Secretary may suspend 
                or modify participation in the program in case 
                of emergency.
                  [(J) Guidelines.--
                          [(i) In general.--Not later than the 
                        270th day following November 28, 1995, 
                        the Secretary, after notice and 
                        opportunity for comment, shall 
                        establish criteria and define any terms 
                        necessary for implementing the program 
                        consistent with this section. In 
                        establishing the criteria, the 
                        Secretary may consider to what extent 
                        and under what conditions safety 
                        management controls may substitute, in 
                        whole or in part, for compliance with 
                        some or all of the regulations 
                        prescribed under this section and 
                        sections 504 and 31502.
                          [(ii) Limitation.--Notwithstanding 
                        clause (i), the program shall take 
                        effect on or before the 270th day 
                        following November 28, 1995. If the 
                        rulemaking described in clause (i) is 
                        not completed on or before such 270th 
                        day, the Secretary shall issue interim 
                        criteria, consistent with this section, 
                        pending the completion of the 
                        rulemaking described in this 
                        subsection.
                  [(K) Eligible vehicles.--For purposes of this 
                subsection, the term ``eligible vehicle'' means 
                a commercial motor vehicle with a gross vehicle 
                weight rating of at least 10,001 pounds, but 
                not more than 26,000 pounds, other than a 
                vehicle--
                          [(i) designed to transport more than 
                        15 passengers, including the driver; or
                          [(ii) used in transporting material 
                        found by the Secretary to be hazardous 
                        under section 5103 and transported in a 
                        quantity requiring placarding under the 
                        regulations issued under such section.
          [(3) Review of regulations.--Based in part on the 
        information and experience obtained from the program, 
        the Secretary shall conduct a zero-based review of the 
        need for, and the costs and benefits of, all 
        regulations prescribed under this section and sections 
        504 and 31502 to determine whether and to what extent 
        such regulations should apply to eligible vehicles. The 
        review shall focus on the appropriate level of safety 
        that is in the public interest and the paperwork and 
        regulatory burdens of such regulations as the 
        regulations apply to employers and employees that use 
        such vehicles. The Secretary shall complete the review 
        by the last day of the 3-year period beginning on 
        November 28, 1995. Upon completion of the review, the 
        Secretary shall, after notice and an opportunity for 
        public comment, grant such exemptions or modify or 
        repeal existing regulations to the extent appropriate.]
  (e) Exemptions.--The Secretary may grant exemptions from any 
regulation prescribed under this section in accordance with 
section 31315.
         *        *        *        *        *        *        *
  (g) Applicability to School Transportation Operations of 
Local Education Agencies.--Not later than 6 months after the 
date of the enactment of this subsection, the Secretary shall 
issue regulations making the relevant commercial motor carrier 
safety regulations issued under subsection (a) applicable 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. 31140. Submission of State laws and regulations for review

  [(a) General.--A State 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 of 
Transportation and the Commercial Motor Vehicle Safety 
Regulatory Review Panel immediately after the enactment or 
issuance.
  [(b) Additional Information.--As soon as practicable but not 
later than a date the Panel may establish, a State that submits 
a State law or regulation under this section to the Panel 
shall--
          [(1) indicate in writing to the Panel whether the law 
        or regulation--
                  [(A) has the same effect as a regulation 
                prescribed by the Secretary under section 31136 
                of this title;
                  [(B) is less stringent than that regulation; 
                or
                  [(C) is additional to or more stringent than 
                that regulation; and
          [(2) submit to the Panel other information the Panel 
        or the Secretary may require to carry out this 
        subchapter.]

Sec. 31141. Review and preemption of State laws and regulations

  (a) * * *
  [(b) Analysis and Decisions by the Panel.--(1) The Commercial 
Motor Vehicle Safety Regulatory Review Panel annually shall 
analyze State laws and regulations and decide which of those 
laws and regulations are related to commercial motor vehicle 
safety.
  [(2) Not later than one year after the date the Secretary 
prescribes a regulation under section 31136 of this title or 
one year after the date the Panel decides under paragraph (1) 
of this subsection that a State law or regulation is related to 
commercial motor vehicle safety, whichever is later, the Panel 
shall--
          [(A) decide whether the State law or regulation--
                  [(i) has the same effect as the regulation 
                prescribed by the Secretary;
                  [(ii) is less stringent than that regulation; 
                or
                  [(iii) is additional to or more stringent 
                than that regulation;
          [(B) decide, for each State law or regulation that 
        the Panel decides is additional to or more stringent 
        than the regulation prescribed by the Secretary, 
        whether--
                  [(i) the State law or regulation has no 
                safety benefit;
                  [(ii) the State law or regulation is 
                incompatible with the regulation prescribed by 
                the Secretary; or
                  [(iii) enforcement of the State law or 
                regulation would cause an unreasonable burden 
                on interstate commerce; and
          [(C) notify the Secretary of the Panel's decisions 
        under this subsection.
  [(c) Review and Decisions by Secretary.--(1) The Secretary 
shall review each State law and regulation on commercial motor 
vehicle safety. Not later than 18 months after the date the 
Panel notifies the Secretary of a decision under subsection (b) 
of this section, the Secretary shall--
          [(A) conduct a regulatory proceeding to decide under 
        this subsection whether the State law or regulation may 
        be enforced; and
          [(B) prescribe a final regulation.
  [(2) 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) 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) 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)(A) In deciding about a State law or regulation under 
this subsection, the Secretary shall give great weight to the 
corresponding decision made by the Panel about that law or 
regulation under subsection (b) of this section.
  [(B) In deciding under paragraph (4) of this subsection 
whether a State law or regulation will cause an unreasonable 
burden on interstate commerce, the Secretary may consider the 
effect on interstate commerce of implementation of that law or 
regulation with the implementation of all similar laws and 
regulations of other States.
  (b) Submission of Regulation.--A State 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 
of Transportation 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.
         *        *        *        *        *        *        *
  [(e) Consolidating Proceedings.--The Secretary may 
consolidate regulatory proceedings under this section if the 
Secretary decides that the consolidation will not adversely 
affect a party to a proceeding.]
  [(f)] (e) Written Notice of Decisions.--Not later than 10 
days after making a decision under subsection (c) of this 
section that a State law or regulation may not be enforced, the 
Secretary shall give written notice to the State of that 
decision.
  [(g)] (f) Judicial Review and Venue.--(1) Not later than 60 
days after the Secretary makes a decision under subsection (c) 
of this section, or grants or denies a petition for a waiver 
under subsection (d) of this section, a person (including a 
State) adversely affected by the decision, grant, or denial may 
file a petition for judicial review. The petition may be filed 
in the court of appeals of the United States for the District 
of Columbia Circuit or in the court of appeals of the United 
States for the circuit in which the person resides or has its 
principal place of business.
         *        *        *        *        *        *        *
  [(h)] (g) Initiating Review Proceedings.--To review a State 
law or regulation on commercial motor vehicle safety under this 
section, the Secretary may initiate a regulatory proceeding on 
the Secretary's own initiative or on petition of an interested 
person (including a State).

Sec. 31142. Inspection of vehicles

  (a) Inspection of Safety Equipment.--On the instruction of an 
authorized enforcement official of a State or of the United 
States Government, a commercial motor vehicle is required to 
pass an inspection of all safety equipment required under [part 
393 of title 49, Code of Federal Regulations] the regulations 
issued under section 31136.
         *        *        *        *        *        *        *
  (c) Preemption.--(1) Except as provided in paragraph (2) of 
this subsection, this subchapter and section 31102 of this 
title do not--
          (A) * * *
         *        *        *        *        *        *        *
          (C) prevent a State from participating in the 
        activities of a voluntary group of States enforcing a 
        program for inspection of commercial motor vehicles 
        [that meets the requirements for membership in the 
        Commercial Vehicle Safety Alliance, as those 
        requirements were in effect on October 30, 1984]; or
         *        *        *        *        *        *        *

[Sec. 31144. Safety fitness of owners and operators

  [(a) Procedure.--(1) The Secretary of Transportation shall 
prescribe regulations establishing a procedure to decide on the 
safety fitness of owners and operators of commercial motor 
vehicles, including persons seeking new or additional operating 
authority as motor carriers under section 13902 of this title. 
The procedure shall include--
          [(A) specific initial and continuing requirements to 
        be met by the owners, operators, and persons to prove 
        safety fitness;
          [(B) a means of deciding whether the owners, 
        operators, and persons meet the safety fitness 
        requirements under clause (A) of this paragraph; and
          [(C) specific time deadlines for action by the 
        Secretary in making fitness decisions.
  [(2) Regulations prescribed under this subsection supersede 
all regulations of the United States Government on safety 
fitness and safety rating of motor carriers in effect on 
October 30, 1984.
  [(b) Findings and Action on Registrations.--The Secretary 
shall find that a person seeking to register as a motor carrier 
is unfit if such person does not meet the safety fitness 
requirements established under subsection (a) and shall not 
register such person.]

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 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 whether an owner or operator is fit 
to operate safely commercial motor vehicles. 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 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.
         *        *        *        *        *        *        *

                     [SUBCHAPTER IV--MISCELLANEOUS

[Sec. 31161. Procedures to ensure timely correction of safety 
                    violations

  [(a) Definition.--Section 31132(1) of this title applies to 
this section.
  [(b) General.--Not later than August 3, 1991, the Secretary 
of Transportation shall prescribe regulations establishing 
procedures to ensure the proper and timely correction of 
commercial motor vehicle safety violations noted during an 
inspection carried out with money authorized under section 
31104 of this title.
  [(c) Verification Program.--The regulations shall establish a 
verification program for United States Government inspectors 
and States participating under section 31102 of this title to 
ensure that commercial motor vehicles and their operators found 
in violation of safety requirements have been brought into 
compliance with those requirements. The regulations shall 
include--
          [(1) a nationwide system for random reinspection of 
        the commercial motor vehicles and their operators that 
        have been declared out-of-service because of those 
        safety violations, with the main purpose of the system 
        being to verify that the violations have been corrected 
        on a timely basis;
          [(2) a program of accountability for correcting all 
        safety violations that shall provide that--
                  [(A) the operator of a commercial motor 
                vehicle for which a safety violation has been 
                noted shall be issued a form prescribed by the 
                Secretary;
                  [(B) the person making the repairs necessary 
                to correct the violation shall certify on the 
                form the making of repairs and the date, 
                location, and time of the repairs;
                  [(C) the motor carrier responsible for the 
                commercial motor vehicle or operator shall 
                certify on the form that, based on the 
                carrier's knowledge, the repairs necessary to 
                correct the violation have been made; and
                  [(D) appropriate State penalties shall be 
                imposed for a false statement on the form or a 
                failure to return the form to the appropriate 
                State entity; and
          [(3) a system for ensuring that appropriate State 
        penalties are imposed for failure to correct any of 
        those safety violations.

[Sec. 31162. Compliance review priority

  [If the Secretary of Transportation identifies a pattern of 
violations of State or local traffic safety laws or regulations 
or commercial motor vehicle safety regulations, standards, or 
orders among drivers of commercial motor vehicles employed by a 
particular motor carrier, the Secretary or a State 
representative shall ensure that the motor carrier receives a 
high priority for review of that carrier's compliance with 
applicable United States Government and State commercial motor 
vehicle safety regulations.]

            CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec.
31301.  Definitions.
[31302.  Limitation on the number of driver's licenses.]
31302.  Driver's license requirement.
         *        *        *        *        *        *        *
[31312.  Grants for testing and ensuring the fitness of operators of 
          commercial motor vehicles.
[31313.  Grants for issuing commercial drivers' licenses and complying 
          with State participation requirements.]
         *        *        *        *        *        *        *
[31315.  Waiver authority.]
31315.  Exemptions and pilot programs.
         *        *        *        *        *        *        *

Sec. 31301. Definitions

  In this chapter--
          (1) * * *
         *        *        *        *        *        *        *
          (4) ``commercial motor vehicle'' means a motor 
        vehicle used in commerce to transport passengers or 
        property that--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 26,001 pounds, 
                whichever is greater, or a lesser gross vehicle 
                weight rating or gross vehicle weight the 
                Secretary of Transportation prescribes by 
                regulation, but not less than a gross vehicle 
                weight rating of 10,001 pounds;
                  (C) is used to transport material found by 
                the Secretary to be hazardous under section 
                5103 of this title, except that a vehicle shall 
                not be included as a commercial motor vehicle 
                under this subclause if--
                          (i) the vehicle does not satisfy the 
                        weight requirements of subclause (A) of 
                        this clause;
                          (ii) the vehicle is transporting 
                        material listed as hazardous under 
                        section 306(a) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980 (42 U.S.C. 
                        9656(a)) and not otherwise regulated by 
                        the Secretary or is transporting a 
                        consumer commodity or limited quantity 
                        of hazardous materialas defined in 
section 171.8 of title 49, Code of Federal Regulations; and
         *        *        *        *        *        *        *

[Sec. 31302. Limitation on the number of driver's licenses

  [An individual operating a commercial motor vehicle may have 
only one driver's license at any time, except during the 10-day 
period beginning on the date the individual is issued a 
driver's license.]

Sec. 31302. Driver's license requirement

  An individual may operate a commercial motor vehicle only if 
the individual has a valid commercial driver's license. An 
individual operating a commercial motor vehicle may have only 
one driver's license at any time.
         *        *        *        *        *        *        *

Sec. 31308. Commercial driver's license

  After consultation with the States, the Secretary of 
Transportation shall prescribe regulations on minimum uniform 
standards for the issuance of commercial drivers' licenses by 
the States and for information to be contained on each of the 
licenses. The standards shall require at a minimum that--
          (1) * * *
          (2) the license be tamperproof to the maximum extent 
        practicable and each license issued after January 1, 
        2000, include unique identifiers to minimize fraud and 
        duplication; and
         *        *        *        *        *        *        *

Sec. 31309. Commercial driver's license information system

  (a) General Requirement.--The Secretary of Transportation 
shall [make an agreement under subsection (b) of this section 
for the operation of, or establish under subsection (c) of this 
section,] maintain an information system that will serve as a 
clearinghouse and depository of information about the 
licensing, identification, and disqualification of operators of 
commercial motor vehicles. The system shall be coordinated with 
activities carried out under section 31106. The Secretary shall 
consult with the States in carrying out this section.
  [(b) State Agreements.--If the Secretary decides that an 
information system used by a State or States about the driving 
status of operators of motor vehicles or another State-operated 
information system could be used to carry out this section, and 
the State or States agree to the use of the system for carrying 
out this section, the Secretary may make an agreement with the 
State or States to use the system as provided in this section 
and section 31311(c) of this title. An agreement made under 
this subsection shall contain terms the Secretary considers 
necessary to carry out this chapter.
  [(c) Establishment by Secretary.--If the Secretary does not 
make an agreement under subsection (b) of this section, the 
Secretary shall establish an information system about the 
driving status and licensing of operators of commercial motor 
vehicles as provided in this section.]
  [(d)] (b) Contents.--(1) At a minimum, the information system 
under this section shall include for each operator of a 
commercial motor vehicle--
          (A) * * *
         *        *        *        *        *        *        *
          (E) the dates between which the license is valid; 
        [and]
          (F) whether the operator had a commercial motor 
        vehicle driver's license revoked, suspended, or 
        canceled by a State, lost the right to operate a 
        commercial motor vehicle in a State for any period, or 
        has been disqualified from operating a commercial motor 
        vehicle[.]; and
          (G) information on all fines, penalties, convictions, 
        and failure to appear for a hearing or trial incurred 
        by the operator with respect to operation of a motor 
        vehicle for a period of not less than 3 years beginning 
        on the date of the imposition of such a fine or penalty 
        or the date of such a conviction or failure to appear.
  [(2) Not later than December 31, 1990, the Secretary shall 
prescribe regulations on minimum uniform standards for a 
biometric identification system to ensure the identification of 
operators of commercial motor vehicles.]
  (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).
  [(e) Availability of Information.--(1) On request of a State, 
the Secretary or the operator of the information system, as the 
case may be, may make available to the State information in the 
information system under this section.
  [(2) On request of an employee, the Secretary or the operator 
of the information system, as the case may be, may make 
available to the employee information in the information system 
about the employee.
  [(3) On request of an employer or prospective employer of an 
employee and after notification to the employee, the Secretary 
or the operator of the information system, as the case may be, 
may make available to the employer or prospective employer 
information in the information system about the employee.
  [(4) On the request of the Secretary, the operator of the 
information system shall make available to the Secretary 
information about the driving status and licensing of operators 
of commercial motor vehicles (including information required by 
subsection (d)(1) of this section).]
  (c) Availability of Information.--Information in the 
information system shall be made available and subject to 
review and correction in accordance with section 31106(e).
  [(f)] (d) Fee System.--[If the Secretary establishes an 
information system under this section, the] The Secretary 
[shall] may establish a fee system for using the information 
system. Fees collected under this subsection in a fiscal year 
shall equal as nearly as possible the costs of operating the 
information system in that fiscal year. The Secretary shall 
deposit fees collected under this subsection in the Highway 
Trust Fund (except the Mass Transit Account).
         *        *        *        *        *        *        *

[Sec. 31312. Grants for testing and ensuring the fitness of operators 
                    of commercial motor vehicles

  [(a) Basic Grants.--(1) The Secretary of Transportation may 
make a grant to a State under this subsection if the State--
          [(A) makes an agreement with the Secretary--
                  [(i) to adopt and carry out in the fiscal 
                year in which the grant is made a program for 
                testing and ensuring the fitness of individuals 
                who operate commercial motor vehicles under the 
                minimum standards prescribed by the Secretary 
                under section 31305(a) of this title; and
                  [(ii) to require that operators of commercial 
                motor vehicles have passed written and driving 
                tests that meet the minimum standards; and
          [(B) has in effect and enforces in that fiscal year a 
        law providing that an individual with a blood alcohol 
        concentration of at least .10 percent when operating a 
        commercial motor vehicle is deemed to be driving under 
        the influence of alcohol.
  [(2) A State may--
          [(A) administer driving tests referred to in 
        paragraph (1) of this subsection and section 31311(a) 
        of this title; or
          [(B) make an agreement, approved by the Secretary, 
        for the tests to be administered by a person (including 
        a department, agency, or instrumentality of a local 
        government) that meets minimum standards the Secretary 
        prescribes by regulation if--
                  [(i) the agreement allows the Secretary and 
                the State each to conduct random examinations, 
                inspections, and audits of the testing without 
                prior notification; and
                  [(ii) the State annually conducts at least 
                one onsite inspection of the testing.
  [(3) The Secretary shall decide on the amount of a grant in a 
fiscal year to be made under this subsection to a State 
eligible to receive the grant in the fiscal year. However--
          [(A) a grant to a State under this subsection shall 
        be at least $100,000 in a fiscal year; and
          [(B) to the extent each State grant under this 
        subsection is more than $100,000 in a fiscal year, the 
        Secretary shall ensure that those States are treated 
        equitably.
  [(4) A State receiving a grant under this subsection may use 
the amounts provided under the grant only to test operators of 
commercial motor vehicles.
  [(5) There is available to the Secretary to carry out this 
subsection $__________ from amounts made available under 
section 31104 of this title for the fiscal year ending 
September 30, 19__.
  [(b) Supplemental Grants.--(1) The Secretary may make a grant 
under this subsection in a fiscal year to a State eligible to 
receive a grant under subsection (a) of this section in that 
fiscal year. A grant made under this subsection shall be used 
for testing operators of commercial motor vehicles.
  [(2) Amounts of grants under this subsection shall be 
distributed among the States eligible to receive grants under 
subsection (a) of this section in the fiscal year on the basis 
of the number of written and driving tests administered, and 
the number of drivers' licenses for the operation of commercial 
motor vehicles issued, in the prior fiscal year.
  [(3) There is available to the Secretary to carry out this 
subsection $__________ from amounts made available under 
section 31104 of this title for the fiscal year ending 
September 30, 19__.
  [(c) Maintenance of Expenditures.--The Secretary may make a 
grant to a State under this section only if the State agrees 
that the total expenditure of amounts of the State and 
political subdivisions of the State, exclusive of United States 
Government amounts, for testing operators of commercial motor 
vehicles will be maintained at a level at least equal to the 
average level of that expenditure for its last 2 fiscal years 
before October 27, 1986.
  [(d) Availability of Amounts.--(1) Amounts made available to 
a State under this section remain available for obligation by 
the State for the fiscal year for which the amounts are made 
available. Any of those amounts not obligated before the last 
day of that fiscal year are no longer available for obligation 
by the State and are available to the Secretary to carry out 
this chapter.
  [(2) Amounts made available to the Secretary under this 
section remain available until expended.
  [(e) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under this section is a 
contractual obligation of the Government for payment of the 
amount of the grant.
  [(f) Testing and Fitness Program Studies.--In this section, 
development of a program for testing and ensuring the fitness 
of individuals who operate commercial motor vehicles includes 
studies of--
          [(1) the number of vehicles that will need to be 
        tested under the program in a calendar year;
          [(2) facilities at which testing of those individuals 
        could be conducted; and
          [(3) additional resources (including personnel) that 
        will be necessary to conduct the testing.

[Sec. 31313. Grants for issuing commercial drivers' licenses and 
                    complying with State participation requirements

  [(a) General Authority.--The Secretary of Transportation may 
make a grant under this section to a State in a fiscal year if 
the State makes an agreement with the Secretary to participate 
in that fiscal year in the commercial driver's license program 
established by this chapter and the information system required 
by section 31309 of this title and to comply with the 
requirements of section 31311(a) of this title.
  [(b) Amounts of Grants.--The Secretary shall decide on the 
amount of a grant in a fiscal year to be made under this 
section to a State eligible to receive the grant in the fiscal 
year. However--
          [(1) a grant to a State under this section shall be 
        at least $100,000 in a fiscal year; and
          [(2) to the extent each State grant under this 
        section is more than $100,000 in a fiscal year, the 
        Secretary shall ensure that those States are treated 
        equitably.
  [(c) Limitation on Use.--A State receiving a grant under this 
section may use the amounts provided under the grant only for 
issuing commercial drivers' licenses and complying with the 
requirements of section 31311(a) of this title.
  [(d) Availability of Amounts.--(1) Amounts made available to 
a State under this section remain available for obligation by 
the State for the fiscal year for which the amounts are made 
available. Any of those amounts not obligated before the last 
day of that fiscal year are no longer available for obligation 
by the State and are available to the Secretary to carry out 
this chapter.
  [(2) Amounts made available to the Secretary under this 
section remain available until expended.
  [(e) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under this section is a 
contractual obligation of the United States Government for 
payment of the amount of the grant.
  [(f) Authorization.--There is available to the Secretary to 
carry out this section $__________ from amounts made available 
under section 31104 of this title for the fiscal year ending 
September 30, 19__.]

Sec. 31314. Withholding amounts for State noncompliance

  (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold 5 percent of the amount required to be apportioned to 
a State under section 104(b)(1), [(2), (5), and (6)] (3), and 
(5) of title 23 on the first day of the fiscal year after the 
first fiscal year beginning after September 30, 1992, 
throughout which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
  (b) Second Fiscal Year.--The Secretary shall withhold 10 
percent of the amount required to be apportioned to a State 
under section 104(b)(1), [(2), (5), and (6)] (3), and (5) of 
title 23 on the first day of each fiscal year after the 2d 
fiscal year beginning after September 30, 1992, throughout 
which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
  (c) Availability for Apportionment.--[(1) Amounts withheld 
under this section from apportionment to a State before October 
1, 1995, remain available for apportionment to the State as 
follows:
          [(A) If the amounts would have been apportioned under 
        section 104(b)(5)(B) of title 23 but for this section, 
        the amounts remain available until the end of the 2d 
        fiscal year following the fiscal year for which the 
        amounts are authorized to be appropriated.
          [(B) If the amounts would have been apportioned under 
        section 104(b)(1), (2), or (6) of title 23 but for this 
        section, the amounts remain available until the end of 
        the 3d fiscal year following the fiscal year for which 
        the amounts are authorized to be appropriated.
  [(2) Amounts] Amounts withheld under this section from 
apportionment to a State after September 30, 1995, are not 
available for apportionment to the State.
  [(d) Apportionment After Compliance.--(1) If, before the last 
day of the period for which amounts withheld under this section 
from apportionment are to remain available for apportionment to 
a State under subsection (c)(1) of this section, the State 
substantially complies with all of the requirements of section 
31311(a) of this title for a period of 365 days, the Secretary, 
on the day following the last day of that period, shall 
apportion to the State the withheld amounts remaining available 
for apportionment to that State.
  [(2) Amounts apportioned under paragraph (1) of this 
subsection remain available for expenditure until the end of 
the 3d fiscal year following the fiscal year in which the 
amounts are apportioned. Amounts not obligated at the end of 
that period lapse or, for amounts apportioned under section 
104(b)(5) of title 23, lapse and are available for projects 
under section 118(b) of title 23.]
  [(e)] (d) Lapse.--If, at the end of the period for which 
amounts withheld under this section from apportionment are 
available for apportionment to a State under subsection (c)(1) 
of this section, the State has not substantially complied with 
all of the requirements of section 31311(a) of this title for a 
365-day period, the amounts lapse or, for amounts withheld from 
apportionment under section 104(b)(5) of title 23, the amounts 
lapse and are available for projects under section 118(b) of 
title 23.

[Sec. 31315. Waiver authority

  [After notice and an opportunity for comment, the Secretary 
of Transportation may waive any part of this chapter or a 
regulation prescribed under this chapter as it applies to a 
class of individuals or commercial motor vehicles if the 
Secretary decides the waiver is not contrary to the public 
interest and does not diminish the safe operation of commercial 
motor vehicles. A waiver under this section shall be published 
in the Federal Register with reasons for the waiver.]

Sec. 31315. Exemptions and pilot programs

  (a) 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 equal 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 the person 
        fails to comply with the terms and conditions of such 
        exemption or if 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 the enactment of this section and 
        after notice and an opportunity for public comment, the 
        Secretary shallspecify 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 
                exemption would apply.
                  (C) An analysis of the safety impacts the 
                exemption may cause.
                  (D) The specific countermeasures the person 
                would undertake, if the exemption were granted, 
                to ensure an equal or greater level of safety 
                than would be achieved absent the 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) Upon denying a request.--Upon 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.
          (5) Applications to be dealt with promptly.--The 
        Secretary shall grant or deny an exemption request 
        after a through review of its safety implications, but 
        in no case later than 180 days after the filing date of 
        such request, or the Secretary shall publish in the 
        Federal Register the reason for the delay in decision 
        and an estimate of when the decision will be made.
          (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 
        equal 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.
  (b) Pilot Programs.--
          (1) In general.--The Secretary may conduct pilot 
        programs to evaluate innovative approaches to motor 
        carrier, 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 the 
        program and the exemptions to be considered and provide 
        notice and an opportunity for public comment before the 
        effective date of any exemptions.
          (2) Program elements.--In proposing a pilot program 
        and before granting exemptions for purposes of a pilot 
        program, the Secretary shall include, at a minimum, the 
        following elements in each pilot program plan:
                  (A) A program scheduled life of not more than 
                3 years.
                  (B) A scientifically valid methodology and 
                study design, including a specific data 
                collection and analysis plan, that identifies 
                appropriate control groups for comparison.
                  (C) The fewest participants necessary to 
                yield statistically valid findings.
                  (D) Observance of appropriate ethical 
                protocols for the use of human subjects in 
                field experiments.
                  (E) An oversight plan to ensure that 
                participants comply with the terms and 
                conditions of participation.
                  (F) Adequate countermeasures to protect the 
                health and safety of study participants and the 
                general public.
                  (G) 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, 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 promptly report to 
        Congress the findings, conclusions, and recommendations 
        of the program, including suggested amendments to law 
        or regulation that would enhance motor carrier, 
        vehicle, and driver safety and improve compliance with 
        national safety standards.
  (c) Preemption of State Rules.--During the time period that 
an exemption or pilot program is in effect under this section, 
no State shall enforce any 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.
         *        *        *        *        *        *        *

   CHAPTER 317--PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND 
                    INTERNATIONAL FUEL TAX AGREEMENT

Sec.
31701.  Definitions.
[31702.  Working group.
[31703.  Grants.]
         *        *        *        *        *        *        *
[31708.  Authorization of appropriations.]
         *        *        *        *        *        *        *

[Sec. 31702. Working group

  [(a) Establishment.--The Secretary of Transportation shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the American Association of Motor Vehicle 
Administrators, the National Conference of State Legislatures, 
the Federation of Tax Administrators, and the Board of 
Directors for the International Fuel Tax Agreement, and a 
representative of the Regional Fuel Tax Agreement.
  [(b) Purposes.--The purposes of the working group are--
          [(1) to propose procedures to resolve disputes among 
        States participating in the International Registration 
        Plan and among States participating in the 
        International Fuel Tax Agreement, including designating 
        the Secretary or any other person to resolve the 
        disputes; and
          [(2) to provide technical assistance to States 
        participating or seeking to participate in the Plan or 
        Agreement.
  [(c) Consultation Requirement.--In carrying out subsection 
(b) of this section, the working group shall consult with 
members of the motor carrier industry.
  [(d) Report.--(1) Not later than December 18, 1993, the 
working group shall submit a report to--
          [(A) the Secretary;
          [(B) the Committee on Commerce, Science, and 
        Transportation of the Senate;
          [(C) the Committee on Public Works and Transportation 
        of the House of Representatives;
          [(D) the Committee on the Judiciary of the House of 
        Representatives;
          [(E) the States participating in the International 
        Registration Plan; and
          [(F) the States participating in the International 
        Fuel Tax Agreement.
  [(2) The report shall contain a detailed statement of the 
working group's findings and conclusions and its joint 
recommendations about the matters referred to in subsection (b) 
of this section. After submitting the report, the working group 
periodically may review and modify the findings and conclusions 
and the joint recommendations as appropriate and submit a 
report containing the modifications to the Secretary and the 
committees specified in paragraph (1) of this subsection.
  [(e) Relationship to Other Laws.--The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group.

[Sec. 31703. Grants

  [(a) General Authority.--The Secretary of Transportation may 
make grants to States and appropriate persons to facilitate 
participation in the International Registration Plan and the 
International Fuel Tax Agreement and to make administrative 
improvements in any other base State fuel use tax agreement in 
existence as of January 1, 1991. A grant may include amounts 
for technical assistance, personnel training, travel costs, and 
technology and equipment associated with the participation.
  [(b) Contractual Obligation.--Approval by the Secretary of a 
grant with amounts made available under this section is a 
contractual obligation of the United States Government for 
payment of the Government's share of the grant.]
         *        *        *        *        *        *        *

[Sec. 31708. Authorization of appropriations

  [(a) General.--From amounts made available under section 
31104 of this title, the Secretary of Transportation shall 
provide the following amounts for each of the fiscal years 
ending September 30, 1993-1997:
          [(1) $1,000,000 for activities of the working group 
        under section 31702 of this title.
          [(2) $5,000,000 for grants under section 31703 of 
        this title.
  [(b) Availability of Amounts.--Amounts appropriated under 
this section remain available until expended.]
         *        *        *        *        *        *        *

                    SUBTITLE VII--AVIATION PROGRAMS

         *        *        *        *        *        *        *

                 PART B--AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471--AIRPORT DEVELOPMENT

         *        *        *        *        *        *        *

                   SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec. 47102. Definitions

  In this subchapter--
          (1) * * *
         *        *        *        *        *        *        *
          (3) ``airport development'' means the following 
        activities, if undertaken by the sponsor, owner, or 
        operator of a public-use airport:
                  (A) * * *
         *        *        *        *        *        *        *
                  (H) Developing, in coordination with State 
                and local transportation agencies, intermodal 
                transportation plans necessary for Olympic-
                related projects at an airport.
         *        *        *        *        *        *        *

Sec. 47115. Discretionary fund

  (a) * * *
         *        *        *        *        *        *        *
  (d) Considerations.--In selecting a project for a grant to 
preserve and enhance capacity as described in subsection (c)(1) 
of this section, the Secretary shall consider--
          (1) * * *
         *        *        *        *        *        *        *
          (5) the projected growth in the number of passengers 
        that will be using the airport at which the project 
        will be carried out; [and]
          (6) any increase in the number of passenger boardings 
        in the preceding 12-month period at the airport at 
        which the project will be carried out, with priority 
        consideration to be given to projects at airports at 
        which the number of passenger boardings increased by at 
        least 20 percent as compared to the number of passenger 
        boardings in the 12-month period preceding such 
        period[.]; and
          (7) the need for the project in order to meet the 
        unique demands of hosting international quadrennial 
        Olympic events.
         *        *        *        *        *        *        *
                              ----------                              


                      TITLE 46, UNITED STATES CODE

         *        *        *        *        *        *        *

                    Subtitle II--Vessels and Seamen

         *        *        *        *        *        *        *

                 Part I--State Boating Safety Programs

         *        *        *        *        *        *        *

Sec. 13103. Allocations

  (a) * * *
         *        *        *        *        *        *        *
  (c)(1) The Secretary may allocate not more than 5 percent of 
the amounts available for allocation and distribution in a 
fiscal year for national boating safety activities of national 
nonprofit public service organizations.
  (2) The Secretary shall use amounts allocated under this 
subsection to conduct and report to the 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. The amount expended for each survey may not 
exceed 50 percent of the amounts allocated under this 
subsection for the fiscal year in which the survey is 
conducted.
         *        *        *        *        *        *        *

Sec. 13106. Authorization of contract spending

  (a)[(1) Subject to paragraph (2), the Secretary may expend in 
each fiscal year, subject to amounts as are provided in 
appropriations laws for liquidation of contract authority, an 
amount equal to \1/2\ of the amount transferred for such fiscal 
year to the Boat Safety Account under section 9503(c)(4) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)).] Except 
as provided in subsection (c) and subject to such amounts as 
are provided in appropriations laws, the Secretary may expend 
for each fiscal year the amount transferred for such fiscal 
year to the Boat Safety Account under section 9503(c)(4) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)). The 
amount shall be allocated as provided under section 13103 of 
this title and shall be available for State recreational 
boating safety programs as provided under the guidelines 
established under subsection (b) of this section. Amounts 
authorized to be expended for State recreational boating safety 
programs shall remain available until expended and are deemed 
to have been expended only if an amount equal to the total 
amounts authorized to be expended under this section for the 
fiscal year in question and all prior fiscal years have been 
obligated. Amounts previously obligated but released by payment 
of a final voucher or modification of a program acceptance 
shall be credited to the balance of unobligated amounts and are 
immediately available for expenditure.
  [(2) The Secretary shall use not less than one percent and 
not more than two percent of the amount appropriated each 
fiscal year for State recreational boating safety programs 
under this chapter to pay the costs of investigations, 
personnel, and activities related to administering those 
programs.]
         *        *        *        *        *        *        *
  [(c) An amount equal to one-half of the amount transferred 
for each fiscal year to the Boat Safety Account under section 
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
9503(c)(4)) is available to the Secretary for expenditures out 
of the operating expenses account of the Coast Guard for 
services provided by the Coast Guard for recreational boating 
safety, including services provided by the Coast Guard 
Auxiliary. Expenditures for a fiscal year under this subsection 
shall not exceed expenditures for the fiscal year under 
subsection (a). Amounts made available by this subsection shall 
remain available until expended.]
  (c)(1) Of the amount transferred for each fiscal year to the 
Boat Safety Account under section 9503(c)(4) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9503(c)(4))--
          (A) up to two percent is available to the Secretary 
        to pay the costs of investigations, personnel, and 
        activities related to administering State recreational 
        boating safety programs;
          (B) up to two percent is available to the Secretary 
        to ensure compliance with chapter 43 of this title; and
          (C) up to three percent is available to the Secretary 
        to establish, operate, and maintain aids to navigation 
        that promote primarily recreational boating safety.
  (2) Amounts made available by this subsection shall remain 
available until expended.
  (d)(1) The Secretary shall require that of the amount 
appropriated for a fiscal year to which this subsection applies 
that is allocated and distributed under this chapter for State 
recreational boating safety programs, the amount described in 
paragraph (2) shall be available only for use pursuant to 
subsection (b)(4) for public access facilities for transient 
nontrailerable recreational vessels.
  (2) The amount referred to in paragraph (1) is equal to five 
percent of the portion of sums appropriated for the fiscal year 
to carry out this chapter that is in excess of $35,000,000.
  (3) This subsection applies to any fiscal year for which the 
total amount appropriated to carry out this chapter exceeds 
$35,000,000.
         *        *        *        *        *        *        *
                              ----------                              


       RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976

         *        *        *        *        *        *        *     

                            TABLE OF CONTENTS

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Declaration of policy.
         *        *        *        *        *        *        *     

       TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

Sec. 501. Definitions.
[Sec. 502. The Rail Fund.
[Sec. 503. Classification and designation of rail lines.
[Sec. 504. Capital needs study.
[Sec. 505. Rehabilitation and improvement financing.
[Sec. 506. Redeemable preference shares.
[Sec. 507. Fund anticipation notes.
[Sec. 508. Fund bonds.
[Sec. 509. Authorizations.
[Sec. 510. Exemption.
[Sec. 511. Guarantee of obligations.
[Sec. 512. Issuance of notes or obligations.
[Sec. 513. Default on guaranteed obligations.
[Sec. 514. Audit of transactions.
[Sec. 516. Employee protection.
[Sec. 517. Intercity rail passenger service.
[Sec. 518. Columbus and Greenville Railway.]
Sec. 502. Direct loans and loan guarantees.
Sec. 503. Administration of direct loans and loan guarantees.
Sec. 504. Employee protection.
         *        *        *        *        *        *        *

       TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

                              [definitions

  [Sec. 501. As used in this title, the term--
          [(1) ``applicant'' means any railroad, or other 
        person (including a governmental entity) which submits 
        an application to the Secretary for the guarantee of an 
        obligation under which it is an obligor or for a 
        commitment to guarantee such an obligation;
          [(2) ``equipment'' includes any type of new or 
        rebuilt standard gauge locomotive, caboose, or general 
        service railroad freight car the use of which is not 
        limited to any specialized purpose by particular 
        equipment, design, or other features (except as 
        provided in section 803 (a) and (b) of the Powerplant 
        and Industrial Fuel Use Act of 1978). General service 
        railroad freight car includes a boxcar, gondola, open-
        top or covered hopper car, and flatcar. The Secretary 
        may designate other types of cars as equipment upon a 
        written finding, with reasons therefor, that such 
        designation is consistent with the purposes of this 
        Act;
          [(3) ``facilities'' means--
                  [(A) track, roadbed, and related structures, 
                including rail, ties, ballast, other track 
                materials, grading, tunnels, bridges, trestles, 
                culverts, elevated structures, stations, office 
                buildings used for operating purposes only, 
                repair shops, enginehouses, and public 
                improvements used or usable for rail service 
                operations;
                  [(B) communication and power transmission 
                systems, including electronic, microwave, 
                wireless, communication, and automatic data 
                processing systems, electrical transmission 
                systems, powerplants, power transmission 
                systems, powerplant machinery and equipment, 
                structures, and facilities for the transmission 
                of electricity for use by railroads;
                  [(C) signals, including signals and 
                interlockers;
                  [(D) terminal or yard facilities, including 
                trailer-on-flat-car and container-on-flat-car 
                terminals, express or railroad terminal and 
                switching facilities, and services to express 
                companies and railroads and their shippers, 
                including ferries, tugs, carfloats, and related 
                shoreside facilities designed for the 
                transportation of equipment by water; or
                  [(E) shop or repaid facilities or any other 
                property used or capable of being used in rail 
                freight transportation services or in 
                connection with such services or for 
                originating, terminating, improving, and 
                expediting the movement of equipment;
          [(4) ``Fund'' means the Railroad Rehabilitation and 
        Improvement Fund established under section 502 of this 
        title;
          [(5) ``holder'' means the obligee or creditor under 
        an obligation, except that when a bank or trust company 
        is acting as agent or trustee for such an obligee or 
        creditor, the term refers to such bank or trust 
        company;
          [(6) ``obligation'' means a bond, note, conditional 
        sale agreement, equipment trust certificate, security 
        agreement, or other obligation issued or granted to 
        finance or refinance equipment or facilities 
        acquisition, construction, rehabilitation, or 
        improvement;
          [(7) ``obligor'' means the debtor under an 
        obligation, including the original obligor and any 
        successor or assignee of such obligor who is approved 
        by the Secretary;
          [(8) ``restructuring'' means any activity (including 
        a consolidation, coordination, merger, or abandonment) 
        which (i) involves rehabilitation, or improvement of a 
        facility or the transfer of a facility, (ii) improves 
        the long-term profitability of any railroad freight 
        system through the achievement of higher average 
        traffic densities or improved asset utilization;
          [(9) ``consolidation'' means the combination of 
        separate rail facilities and the abandonment of the 
        excess facilities, except that such term does not 
        include the combination by a single railroad of 
        multiple tracks into fewer tracks where the tracks do 
        not constitute separate physical and operating lines of 
        railroad; and
          [(10) ``coordination'' means the combination of rail 
        freight traffic flows through the use of joint 
        facilities arrangements or internally that result in a 
        reduction of service on at least one facility and 
        includes arrangements for joint use of tracks or other 
        facilities and the acquisition or sale of assets.

                             [the rail fund

  [Sec. 502. (a) Establishment.--There is hereby established in 
the Treasury of the United States the Railroad Rehabilitation 
and Improvement Fund. The Fund shall be administered by the 
Secretary, without the requirement of annual authorizations, in 
order (1) to secure the payment, when due, of the principal of, 
any redemption premium on, and any interest on, all Fund 
anticipation notes and Fund bonds, by a first pledge of and a 
lien on all revenues payable to and assets held in the Fund, 
and (2) to carry out the purposes, functions, and powers 
authorized in this title.
  [(b) Purpose.--The purpose of the Fund is to provide capital 
which is necessary to furnish financial assistance to 
railroads, to the extend of appropriated funds, for facilities 
maintenance, rehabilitation, improvements, and acquisitions, 
and such other financial needs as the Secretary approves, in 
accordance with this title. Money appropriated to the Fund 
under section 803 (a) and (b) of the Powerplant and Industrial 
Fuel Use Act of 1978 shall be used to provide financial 
assistance to railroads for maintenance, rehabilitation, 
improvement, and acquisition of equipment and facilities which 
will be used for the rail transportation of coal to regions or 
States which can use coal in greater quantities as a substitute 
for imported petroleum.
  [(c) General Powers.--In order to achieve the objectives and 
to carry out the purposes of this title, the Secretary may--
          [(1) issue and sell securities, including Fund 
        anticipation notes and Fund bonds, as provided for in 
        sections 507 and 508 of this title;
          [(2) make and enforce such rules and regulations, and 
        make and perform such contracts, agreements, and 
        commitments, as may be necessary to appropriate to 
        carry out the purposes or provisions of this title;
          [(3) prescribe and impose fees and charges for 
        services by the Secretary, pursuant to this title;
          [(4) settle, adjust, and compromise, and, with or 
        without consideration or benefit to the Fund, release 
        or waive, in whole or in part, in advance or otherwise, 
        any claim, demand, or right of, by, or against the 
        Secretary or the Fund;
          [(5) sue and be sued, complain, and defend, in any 
        State, Federal, or other court;
          [(6) acquire, take, hold, own, deal with, and dispose 
        of, any property, including carrier redeemable 
        preference shares as provided for in section 505(d) of 
        this title; and
          [(7) determine, in accordance with appropriations, 
        the amounts to be withdrawn from the Fund and the 
        manner in which such withdrawals shall be effected.
  [(d) Assistance From Other Agencies.--The Secretary, with the 
consent of any department, establishment, or corporate or other 
instrumentality of the Federal Government, may utilize and act 
through any such department, establishment, or instrumentality. 
The Secretary may, with such consent, utilize the information, 
services, facilities, and personnel of any such department, 
establishment, or instrumentality, on a reimbursable basis. 
Each such department, establishment, and instrumentality is 
authorized to furnish any such assistance to the Secretary upon 
written request from the Secretary.
  [(e) Jurisdiction.--Whenever the Secretary or the Fund is a 
party to any civil action under this title, such action shall 
be deemed to arise under the laws of the United States. The 
district courts of the United States shall have original and 
removal jurisdiction of any action in which the Secretary or 
the Fund is a party, without regard to the amount in 
controversy. No attachment or execution may be issued against 
the Secretary, the Fund, or any property thereof prior to the 
entry of final judgment to such effect in any State, Federal, 
or other court.
  [(f) Contents of Fund.--There shall be deposited in the Fund, 
subject to utilization pursuant to subsection (i) of this 
section--
          [(1) funds received by the Secretary for deposit in 
        the Fund, representing the proceeds from the issuance 
        and sale by the Secretary to the Secretary of the 
        Treasury of Fund anticipation notes, as provided in 
        section 507 of this title;
          [(2) funds as may be hereafter appropriated to the 
        Fund following the submission to the Congress of the 
        Secretary's report, under section 504 of this title, 
        with respect to the perceived needs of the rail 
        industry for facilities rehabilitation and improvement, 
        projected cash shortfalls within the rail industry, and 
        the scope and sources of long-term public sector 
        funding for the Fund;
          [(3) funds received by the Secretary for deposit in 
        the Fund, representing the proceeds from the issuance 
        and sale of Fund bonds, as provided in section 508 of 
        this title;
          [(4) redeemable preference shares issued by a 
        railroad and purchased by the Secretary on behalf of 
        the Fund and funds received by the Fund representing 
        dividends and redemption payments on such shares, as 
        provided in sections 505(d) and 506 (a) and (b) of this 
        title;
          [(5) income and gains realized by the Fund from any 
        investment of excess funds, pursuant to subsection (g) 
        of this section, and the obligations or securities 
        comprising such investments;
          [(6) funds as may hereafter be appropriated to the 
        Fund as authorized under section 803 (a) and (b) of the 
        Powerplant and Industrial Fuel Use Act of 1978; and
          [(7) any other receipts of the Fund.
  [(g) Excess Funds Investments.--If the Secretary determines 
that the amount of money in the Fund exceeds the amount 
required for current needs, the Secretary may, subject to 
sections 508 (g) and (h) of this title, direct the Secretary of 
the Treasury to invest such amounts as the Secretary deems 
advisable, for such periods as the Secretary directs, in 
obligations of, or obligations guaranteed by, the Government of 
the United States, or in such other governmental or agency 
obligations or other securities of the United States as the 
Secretary of the Treasury deems appropriate.
  [(h) Depository.--The Secretary may deposit moneys of the 
Fund with any Federal Reserve bank, any depository for public 
funds, or in such other places and in such manner as the 
Secretary of the Treasury deems appropriate.
  [(i) Uses.--Moneys in the Fund shall be utilized--
          [(1) to provide financial assistance to railroads for 
        facilities maintenance, rehabilitation, improvement, 
        and acquisition projects, and for such other financial 
        needs as may be approved by the Secretary pursuant to 
        section 505 of this title,
          [(2) to effect the payment, when due, of the 
        principal of, and any interest on, Fund anticipation 
        notes and Fund bonds issued by the Secretary pursuant 
        to sections 507 and 508 of this title,
          [(3) to redeem, as contemplated by section 507(c) and 
        section 508(g) of this title, Fund anticipation notes 
        and Fund bonds,
          [(4) in such amounts as are provided in appropriation 
        acts, to make payment of all expenses incurred by the 
        Secretary in carrying out his duties with respect to 
        the Fund,
          [(5) to make transfers to the general fund of the 
        Treasury, and
          [(6) to carry out the purposes of section 803 (a) and 
        (b) of the Powerplant and Industrial Fuel Use Act of 
        1978.

             [classification and designation of rail lines

  [Sec. 503. (a) Traffic Density Analysis.--Within 90 days 
after the date of enactment of this Act, each railroad 
designated by the Commission as a class I railroad shall 
prepare and submit to the Secretary a full and complete 
analysis of the rail system operated by it. Such analysis shall 
indicate the traffic density for the preceding 5 calendar years 
on each of the main and branch rail lines of the railroad 
submitting such analysis. The requirements of the two preceding 
sentences shall not apply to any railroad subject to 
reorganization pursuant to the Regional Rail Reorganization Act 
of 1973.
  [(b) Preliminary Standards and Designations.--Within 180 days 
after the date of enactment of this Act, the Secretary shall 
develop and publish--
          [(1) the preliminary standards for classification, in 
        at least 3 categories, of main and branch rail lines 
        according to the degree to which they are essential to 
        the rail transportation system; and
          [(2) the preliminary designations with respect to 
        each main and branch rail line, in accordance with such 
        standards for classification.
The classification of rail lines for the purposes of this 
subsection shall be based on the level of usage measured in 
gross-ton-miles, the contribution to the economic viability of 
the railroad which controls such lines, and the contribution of 
such lines to the probable economic viability of any other 
railroads which participate in the traffic originating on such 
lines. In determining ``level of usage'' and ``probable 
economic viability'', for purposes of such classification, the 
Secretary shall take into account operational service and other 
appropriate factors, and he may make reasonable allowance for 
differences in operation among individual railroads or groups 
of railroads.
  [(c) Public Hearings.--Commencing 30 days after the date of 
publication of the standards and designations required under 
subsection (b) of this section, the Office shall conduct public 
hearings, at representative locations, to solicit comments and 
receive views on the preliminary standards for classification 
and on the preliminary designations. The Office shall give 
notice of the date, time, and place of each such hearing, and 
such notices shall be designed and placed in such manner that 
all interested parties will have a full and fair opportunity to 
be heard.
  [(d) Report by Office.--Within 120 days after the date of 
publication of the standards and designations required under 
subsection (b) of this section, the Office shall submit a 
report to the Secretary containing its conclusions and 
recommendations with respect to such preliminary standards for 
classification and such preliminary designations. This report 
shall be based on the record which was developed by the Office 
during the hearings under subsection (c) of this section, as 
supplemented by such studies as may be undertaken by the 
Office.
  [(e) Final Standard and Designations.--Within 150 days after 
the date of receipt of the report required under subsection (d) 
of this section, the Secretary, with the cooperation and 
assistance of the Office, shall, after giving due consideration 
to such report, prepare and publish--
          [(1) the final standards for classification of main 
        and branch rail lines; and
          [(2) the final designations with respect to each main 
        and branch rail line, in accordance with such standards 
        for classification, including findings to support any 
        material change which is made in a final designation 
        from the corresponding preliminary designation.

                          [capital needs study

  [Sec. 504. (a) Deferred Maintenance Statement.--Within 180 
days after the date of enactment of this Act, each railroad 
designated by the Commission as a class I railroad (other than 
a railroad subject to reorganization pursuant to the Regional 
Rail Reorganization Act of 1973) shall prepare and submit to 
the Secretary a full and complete statement (1) of such 
railroad's deferred maintenance and delayed capital 
expenditures, as of December 31, 1975, and (2) of the projected 
amounts of appropriate maintenance to be performed and capital 
expenditures to be made for such railroad's facilities and 
equipment, during each of the years from 1976 through 1985. 
Each railroad shall submit such additional information as may 
be required from it by the Secretary, in connection with his 
duties under section 503 of this title or under this section, 
prior to July 1, 1977, including the projected sources of and 
uses for the funds required by such railroad for such projected 
program.
  [(b) Preliminary Financing Recommendations.--Within 540 days 
after the date of enactment of this Act, the Secretary, after 
giving due consideration to (1) the final designations under 
section 503(e) of this title, (2) the information furnished 
under subsection (a) of this section, and (3) any other 
relevant information, shall develop, publish, and transmit--
          [(A) to the Congress, preliminary recommendations as 
        to the amount and type of carrier equity and other 
        financing to be effected through the Fund, or through 
        any other funding mechanism, recommended by the 
        Secretary, based upon his view of the rail industry's 
        facilities rehabilitation and improvement needs, the 
        projected gross national product, the potential demand 
        for rail service and the types of service capable of 
        meeting that potential demand, the potential revenues 
        and costs (including capital costs associated with 
        those revenues), the demand for rail services for which 
        the railroads could compete on an economic basis, the 
        probable sources of funding for the capital costs of 
        providing those services, and which of those costs must 
        be provided by public financing, as projected through 
        December 31, 1985; and
          [(B) to the Congress and to the Secretary of the 
        Treasury, preliminary recommendations as to the means 
        by which the Federal share, if any, of such equity and 
        other financing should be provided.
In preparing such recommendations, the Secretary shall 
specifically consider and evaluate the public benefits and 
costs which would result from public ownership of railroad 
rights-of-way.
  [(c) Evaluation.--Within 90 days after the date of 
publication of the Secretary's preliminary recommendations 
under subsection (b) of this section, the Secretary of the 
Treasury shall publish and transmit to the Secretary and to the 
Congress his evaluation thereof and any recommendations with 
respect to the matters referred to in subsection (b)(3)(B) of 
this section.
  [(d) Final Recommendations.--Within 90 days after the date of 
receipt of the evaluation, transmitted under subsection (c) of 
this section, the Secretary shall, after giving due 
consideration to such recommendations, prepare and transmit to 
the Congress his final recommendations with respect to the 
matters referred to in subsection (b) of this section.

               [rehabilitation and improvement financing

  [Sec. 505. (a) In General.--(1) Any railroad may apply to the 
Secretary, following the date of enactment of this Act and in 
accordance with regulations promulgated by the Secretary, for 
financial assistance for facilities rehabilitation and 
improvement financing and for such other financial assistance 
as may be approved by the Secretary. Any regulations 
promulgated by the Secretary pursuant to this section shall 
include specific and detailed standards in accordance with 
which the Secretary shall conduct the evaluations and make the 
determinations required in subsection (b)(2) of this section.
  [(2) An employee or employee-shipper group may apply to the 
Secretary for financial assistance pursuant to subsection 
(b)(3) of this section.
  [(3)(A) A financially responsible person may apply to the 
Secretary for financial assistance from funds made available 
pursuant to section 509(b)(2) of this title.
  [(B) For purposes of this paragraph, the term ``financially 
responsible person'' means a person who (i) is capable of 
paying the constitutional minimum value of the railroad line 
proposed to be acquired, and (ii) is able to assure that 
adequate transportation will be provided over such line for a 
period of not less than 3 years. Such term includes a 
governmental authority but does not include a class I or class 
II rail carrier.
  [(b) Application and Determination.--(1) Each application for 
facilities rehabilitation and improvement financing shall set 
forth--
          [(A) a description of the proposed facilities 
        rehabilitation and improvement project for which such 
        railroad is seeking financial assistance, and of the 
        current physical condition of such facilities;
          [(B) the classification of each main and branch rail 
        line included in such project, as determined in 
        accordance with the final standards and designations 
        under section 503(e) of this title;
          [(C) the track standard under which each such line 
        has been and is being operated and the reasons 
        therefor, and the safety standards and signal 
        requirements necessary under such a standard to prevent 
        loss of life and serious accident or injury at grade 
        crossings;
          [(D) the track standard necessary, in the judgment of 
        such railroad, to provide reliable and competitive 
        freight service (and passenger service, where 
        applicable) over each such line, together with such 
        railroad's recommendations as to (i) the most 
        economical method of improving the physical condition 
        of each such line to meet such track standard, (ii) the 
        cost of providing adequate safety standards and 
        signals, and (iii) an economic analysis of the cost of 
        such improvements in condition and in safety standards 
        and signals;
          [(E) such railroad's estimate as to the cost of labor 
        and materials, and the date of completion, and its 
        opinion as to the priority to be accorded such portions 
        of the proposed project as are reasonably divisible;
          [(F) the amount and kind of Federal financial 
        assistance required by such railroad in order to 
        complete the proposed project; and
          [(G) such other information as the Secretary shall by 
        regulation require to assist him in evaluating such 
        application in accordance with this section or for 
        carrying out the purposes of this title.
  [(2) The Secretary shall act upon each such application 
within 6 months after the date on which all required 
information is received, except as otherwise provided in 
subsection (a)(2) of this section. The Secretary may approve 
any such application if he determines that providing the 
requested financial assistance is in the public interest. When 
making such a determination, the Secretary shall evaluate and 
consider in the following order of priority (A) the 
availability of funds from other sources at a cost which is 
reasonable under principles of prudent railroad financial 
management in light of the railroad's projected rate of return 
for the project to be financed and the railroad's rate of 
return on total capital (represented by the ratio which such 
carrier's net income, including interest on a long-term debt, 
bore to the sum of average shareholder's equity, long-term 
debt, and accumulated deferred income tax for fiscal year 1975) 
as determined in accordance with the uniform system of accounts 
promulgated by the Commission, (B) the interest of the public 
in supplementing such other funds as may be available in order 
to increase the total amount of funds available for railroad 
financing, and (C) the public benefits, including any 
significant railroad restructuring, to be realized from the 
project to be financed in relation to the public costs of such 
financing and whether the proposed project will return public 
benefits sufficient to justify such public costs. Except as 
provided in the last sentence of this paragraph, the Secretary, 
in determining the extent to which a project will provide 
public benefits, shall give the highest priority to projects 
which will enhance the ability of the applicant carrier or 
other carriers to provide essential freight services. With 
respect to funds appropriated for financial assistance under 
this section which were authorized pursuant to section 803 (a) 
and (b) of the Powerplant and Industrial Fuel Use Act of 1978, 
applications for such funds for the purpose of coal 
transportation shall be deemed to be for the provision of 
essential freight services. The Secretary, in granting 
financial assistance to any applicant, shall assign the highest 
priority, among applications for assistance which would return 
equal public benefits, to applications for assistance for 
providing safety improvements and signals, including 
underpasses or overpasses at railroad crossings at which injury 
or loss of life has frequently occurred or is likely to occur. 
The Secretary shall assign the highest priorities (i) to those 
meritorious applications of carriers operating under section 77 
of the Bankruptcy Act unable to generate such funds in the 
private sector and (ii) to those meritorious applications for 
funds to provide for the restructuring of rail freight 
facilities and systems which handle more than two million rail 
cars annually, which are located in more than one State, and 
which are separated by the Mississippi River.
  [(3) The Secretary may approve applications to provide 
financial assistance to any employee or employee-shipper 
ownership group formed pursuant to a plan for the purchase or 
rehabilitation of a line or lines of railroad or of rail 
facilities which are considered to be in the public interest. 
The Secretary shall not use more than 20 percent of the total 
funds available under this section for such financial 
assistance. In considering the allocation of available funds 
and priority of eligible projects under this subsection, the 
Secretary shall consider the availability of viable 
alternatives to the ownership or rehabilitation by the eligible 
employee-shipper group for the continuation of rail service. 
Projects with no such alternative shall receive highest 
priority.
  [(c) Financing Agreement.--Upon the approval of an 
application for financial assistance under this section, the 
Secretary shall promptly enter into an agreement with such 
railroad to provide financing in such amounts and at such times 
as is sufficient, in the judgment of the Secretary, to meet the 
reasonable cost, in whole or in part, of the facilities 
rehabilitation and improvement project which has been approved, 
in whole or in part. Each such agreement shall include such 
terms and conditions as are necessary or appropriate, in the 
judgment of the Secretary, to assure that the financing will be 
used only in the manner, and for the purposes, approved by the 
Secretary.
  [(d) Authorization.--(1) In the case of a railroad other than 
a railroad in reorganization under section 77 of the Bankruptcy 
Act, financing pursuant to this section shall be in the form of 
purchase by the Secretary of redeemable preference shares at 
par. Such shares shall be specifically issued for such purpose 
in accordance with the terms and conditions set forth in 
section 506 of this title.
  [(2)(A) In the case of a railroad in reorganization under 
section 77 of the Bankruptcy Act, the Secretary, in order to 
provide financing pursuant to this section, may agree to 
purchase redeemable preference shares of such railroad at par 
as part of a plan of reorganization of such railroad approved 
by the court having jurisdiction over the reorganization of 
such railroad. Such shares shall be specifically issued in 
accordance with the terms and conditions set forth in section 
506 of this title.
  [(B) The Secretary, in order to provide financing pursuant to 
this section, may also purchase certificates issued under 
section 77(c)(3) of the Bankruptcy Act by a trustee of a 
railroad in reorganization and approved by the reorganization 
court, under such terms and conditions as may be approved by 
the Secretary and the reorganization court. In purchasing such 
trustee certificates or at any time thereafter, the Secretary 
may agree with the trustee of such railroad in reorganization, 
subject to the approval of the reorganization court, to 
exchange such certificates for redeemable preference shares 
issued, in accordance with the terms and conditions set forth 
in section 506 of this title, in connection with a plan of 
reorganization approved by the reorganization court. Except as 
provided in subparagraph (C) of this paragraph, no certificate 
shall be purchased under this section unless and until the 
Secretary makes a finding in writing that--
          [(i) such certificates cannot otherwise be sold at a 
        reasonable rate of interest;
          [(ii) the project to be financed can reasonably be 
        expected to be maintained as part of a financially 
        self-sustaining railroad system; and
          [(iii) the probable value of the assets of the 
        railroad in the event of liquidation provides 
        reasonable protection to the United States.
  [(C) The Secretary may purchase certificates under this 
section without making the finding referred to in clause (iii) 
of subparagraph (B) only if such certificates are senior in 
rights to all outstanding capital stock, common and preferred, 
of the debtor corporation, and all unsecured debt incurred 
before the date of commencement of railroad reorganization 
proceedings pursuant to section 77 of the Bankruptcy Act, but 
subordinate to all senior debt of the debtor corporation 
whenever such senior debt is incurred. As used in this 
subparagraph, the term ``senior debt'' means--
          [(i) all costs of administration, incurred or to be 
        incurred by a trustee, and secured debts assumed by a 
        trustee, in connection with the reorganization 
        proceedings and the operation of a debtor's business by 
        a trustee during the pendency of such proceedings; and
          [(ii) all secured debt incurred before the date of 
        commencement of railroad reorganization proceedings 
        pursuant to section 77 of the Bankruptcy Act and 
        determined by the court to be a proper claim against 
        the estate and an obligation of the debtor corporation.
  [(3) In the case of a Government authority that applies for 
financial assistance from funds made available pursuant to 
section 509(b)(2) for the purchase or rehabilitation of 
railroad lines purchased under section 10910 of title 49, 
United States Code, financing pursuant to this section shall be 
in the form of purchase by the Secretary of bonds or other debt 
obligations issued for such purpose by such Government 
authority.
  [(4) The total par value of the redeemable preference shares 
and the amount of trustee certificates, bonds, and other debt 
obligations which the Secretary may purchase from the proceeds 
received from the issuance and sale of Fund anticipation notes 
shall not exceed $1,400,000,000.
  [(e) Future Purchases of Redeemable Preference Shares.--The 
total par value of the redeemable preference shares which the 
Secretary may, after September 30, 1985, make commitments to 
purchase under this title shall be determined by the Congress 
following the receipt by the Congress of the Secretary's 
recommendations as to the scope and sources of funding of the 
Fund or any recommended alternative financing mechanism, as 
submitted pursuant to section 504 of this title, except that--
          [(1) the amount of the Secretary's investment in 
        redeemable preference shares in any fiscal year (out of 
        proceeds other than those derived through the issuance 
        and sale of Fund anticipation notes) shall not, when 
        added to the amount of his prior investment in such 
        shares, exceed 200 percent of the aggregate principal 
        amount of the Fund bonds which (A) have been issued by 
        the Secretary prior to such fiscal year, and (B) are 
        projected to be issued by the Secretary through the end 
        of such fiscal year; and
          [(2) neither redemptions of Fund bonds nor their 
        payment at scheduled maturity shall have any bearing on 
        the limitation in paragraph (1) of this subsection.
  [(f) Rehabilitation for Common Carrier Service.--(1) 
Notwithstanding subsections (a) through (e) of this section 
(other than subsection (d)(3)), the Secretary shall immediately 
purchase redeemable preference shares or trustee certificates 
convertible to redeemable preference shares under this section 
as necessary to facilitate the rehabilitation and improvement 
of Milwaukee Railroad property that has been sold or 
transferred to another person or retained by the restructured 
Milwaukee Railroad and that will be used for common carrier 
rail service.
  [(2) The Secretary may not take any action under this 
subsection--
          [(A) prior to (i) the occurrence of an event 
        described in section 22(b) of the Milwaukee Railroad 
        Restructuring Act, or (ii) April 1, 1980, whichever 
        first occurs; or
          [(B) after April 1, 1981.
  [(3) Funds received from purchases by the Secretary pursuant 
to this subsection may not be used for the rehabilitation and 
improvement of any line of railroad which carried less than an 
average of 3,000,000 gross tons of freight per mile per year 
during the previous three-year period.
  [(g) Limitation.--Not more than 50 percent of the funds made 
available at any time for the purchase of redeemable preference 
shares and trustee certificates under this section may be used 
for the rehabilitation and improvement of the facilities of any 
single railroad undergoing restructuring.
          [(h) Purchase of Essential Properties for Common 
        Carrier Service.--(1) Notwithstanding subsections (a) 
        through (g) of this section (other than subsections 
        (b)(2) and (d)(3)), the Secretary shall, upon 
        application of a noncarrier entity--
          [(A) purchase, from funds available on May 1, 1980, 
        not less than $38,000,000 in redeemable preference 
        shares, bonds, or trustee certificates convertible to 
        redeemable preference shares under this section as 
        necessary for the purchase, lease, or rehabilitation of 
        properties of the Rock Island Railroad by responsible 
        noncarrier entities to be used for common carrier rail 
        service; and
          [(B) purchase not more than $27,000,000 in redeemable 
        preference shares or trustee certificates convertible 
        to redeemable preference shares under this section as 
        necessary for the purchase of properties of the 
        Milwaukee Railroad by responsible noncarrier entities 
        to be used for common carrier rail service, to the 
        extent that the Secretary determines that funds are 
        available.
  [(2) Preference shares, bonds, and trustee certificates 
purchased under this subsection shall be purchased under terms 
and conditions that insure that the applicant will be 
financially capable of making the requisite dividend or 
interest and redemption or principal payments without impairing 
its financial resources, andthe Secretary shall insure that all 
assistance provided under this subsection is likely to be repaid or can 
be secured.
  [(3)(A)(i) For purposes of this subsection, a responsible 
noncarrier entity may include an association composed of 
representatives of national railway labor organizations, 
employee coalitions, shippers, or any combination thereof, and 
States or State organizations, which wish to acquire, lease, or 
rehabilitate properties of the Rock Island Railroad or the 
Milwaukee Railroad pursuant to a feasible employee, employee-
shipper, or State ownership plan. A responsible noncarrier 
entity may also include any railroad that wishes to contribute 
any of its properties under common ownership with the property 
being acquired by the association.
  [(ii) Any ownership plan described in clause (i) of this 
subparagraph shall be submitted to the Secretary no later than 
August 20, 1980, or such later date as the Secretary considers 
appropriate.
  [(B) For purposes of this subsection, the return on 
redeemable preference shares shall be the minimum established 
pursuant to section 506(a)(3) of this title.
  [(4) This subsection shall apply to (A) purchase offers 
submitted to the Trustee of the Rock Island Railroad Estate and 
filed with the Commission prior to September 15, 1980 (or such 
other time as the Secretary considers appropriate), and (B) 
purchase applications filed with the Commission prior to 
September 15, 1980 (or such other time as the Secretary 
considers appropriate) and approved by the court having 
jurisdiction over the reorganization of the Rock Island 
Railroad or the Milwaukee Railroad, as the case may be, and by 
the Commission.
  [(5) Financial assistance made available under paragraph 
(1)(B) of this subsection may be used to purchase, for purposes 
of rail banking, properties of the Milwaukee Railroad located 
in the State of Montana with respect to which an interest in 
future rail common carrier operations has been evidenced.
  [(6) Applications for rail banking shall be treated equally 
with other applications for transaction assistance.

                     [redeemable preference shares

  [Sec. 506. (a) Characteristics.--The redeemable preference 
shares acquired by the Secretary pursuant to section 505(d) of 
this title are securities which are issued by a railroad 
employee or employer-shipper group for the purpose of obtaining 
financing under this title. Each such redeemable preference 
share--
          [(1) shall be nonvoting and shall have a par value of 
        $10,000;
          [(2) shall be senior in right (i) to all common stock 
        of the issuing railroad employee or employee-shipper 
        group, whenever issued, except that the Secretary may 
        make any such redeemable preference share subordinate 
        to any common stock which was issued as a result of an 
        exchange for securities which were senior in right to 
        common stock, if (I) such exchange took place pursuant 
        to a court-approved reorganization plan under section 
        77 of the Bankruptcy Act (11 U.S.C. 205), and (II) the 
        railroad employee or employer-shipper group subject to 
        such reorganization plan was in reorganization under 
        such section 77 prior to the date of enactment of this 
        Act, (ii)to any previously issued preferred stock where 
such seniority does not mitigate any rights of the holders of such 
stock accorded by the terms and conditions of such stock, and (iii) to 
any subsequently issued preferred stock, with respect to dividend and 
redemption payments and in case of liquidation or dissolution of such 
railroad employee or employer-shipper group, but shall be otherwise 
subordinate in such matters to any of such railroad's employee or 
employee-shipper group's previously issued and outstanding securities 
which rank ahead of its common stock and shall be subordinate to all 
securities other than common stock (except in those cases in which the 
Secretary has provided for subordination pursuant to clause (i) of this 
paragraph) which is received in exchange as a part of a court approved 
reorganization plan under section 77 of the Bankruptcy Act (11 U.S.C. 
205) approved after the date of enactment of this sentence for 
previously incurred senior debt or previously issued and outstanding 
securities which ranked ahead of its common stock;
          [(3) shall accrue dividends, commencing on the 10th 
        anniversary date of the date of its original issuance, 
        at such rate as shall be fixed by the Secretary for 
        each issuance prior to the issuance thereof and which, 
        when added to the amount of the mandatory redemption 
        payments under subparagraph (4) of this paragraph shall 
        return to the Fund not less than 150 percent of the 
        aggregate par value thereof, over the scheduled life of 
        the issue and in annual payments which shall be as 
        nearly equal as practicable; and
          [(4) shall be subject to mandatory redemption, at 
        par, commencing not earlier than the 6th and not later 
        than the 11th (as determined by the Secretary for each 
        issuance) anniversary date of the date of its original 
        issuance, in annual amounts which shall, over the 
        period ending (as determined by the Secretary for each 
        issuance) not later than the 30th anniversary date of 
        the date of its original issuance, aggregate the total 
        par value of such share and, except to permit the 
        railroad employee or employer-shipper group to prepay 
        its redemption payments, the number of such annual 
        redemption payments shall in no event be less than 15; 
        and
          [(5) the proceeds from the issuance of which are to 
        be expended solely to reduce the deferred maintenance 
        on facilities, shall in no event yield (A) less than 
        the minimum permissible yield determinable in 
        accordance with paragraphs (3) and (4) of this 
        subsection, nor (B) more than such railroad's employee 
        or employee-shipper group's rate of return on total 
        capital (represented by the ratio which such carrier's 
        net income, including interest on long-term debt, bore 
        to the sum of the average shareholder's equity, long-
        term debt, and accumulated deferred income tax credits 
        for the three fiscal years preceding the date of 
        submission of the application) as determined in 
        accordance with the uniform system of accounts 
        promulgated by the Commission in those cases in which 
        such rate of return exceeded such minimum permissible 
        yield.
  [(b) Deposit.--All redeemable preference shares which are 
acquired by the Secretary pursuant to section 505(d) of this 
title shall, upon such acquisition, be deposited in the Fund.
  [(c) Overdue Payments.--Whenever any dividend or redemption 
payment which is due on redeemable preference shares issued by 
any railroad employee or employer-shipper group remains unpaid 
for a period of 4 months, the Secretary shall be entitled to 
appoint two members to the Board of Directors of such railroad 
employee or employer-shipper group. The term of office of such 
members shall not extend beyond the period during which such 
dividend or redemption payments remains unpaid.

                        [fund anticipation notes

  [Sec. 507. (a) General.--The Secretary shall, until September 
30, 1985, issue and sell, and the Secretary of the Treasury 
until such date shall, to the extent of appropriated funds, 
purchase Fund anticipation notes in an aggregate principal 
amount of not more than $1,400,000,000, in order to provide 
financial assistance to railroads, employee or employee-shipper 
groups for such financing needs as the Secretary approves.
  [(b) Terms of Issue.--Fund anticipation notes shall be issued 
in denominations of $100,000 (or any integral multiple 
thereof), upon such terms and conditions, with such maturities, 
such rates of interest, if any, and such redemption premiums, 
if any, as the Secretary in his sole discretion may determine. 
The date of maturity of each Fund anticipation note may not 
exceed 7 years from the date of its issuance.
  [(c) Redemption.--If the Congress, following its receipt of 
the recommendations of the Secretary pursuant to section 504(d) 
of this title (with respect to the amount of facilities 
rehabilitation and improvement financing which should be 
effected through the Fund and the method of long-term public 
sector funding therefor) authorizes the issuance of Fund bonds, 
the Secretary shall redeem the Fund anticipation notes then 
outstanding, in such manner, and over such period of time, as 
the Secretary shall determine, from the proceeds of the sale of 
such Fund bonds and from such other public sector moneys as 
have been appropriated to the Fund.
  [(d) Remittance and Termination.--If the Congress does not, 
on or before September 30, 1985, enact legislation of the type 
referred to in subsection (c) of this section, the Secretary 
shall hold in trust all redeemable preference shares issued by 
railroads employee or employee-shipper groups which are held in 
the Fund, and the Fund shall thereupon terminate.

                              [fund bonds

  [Sec. 508. (a) Issuance.--The Secretary may, following 
enactment of the legislation referred to in section 507(c) of 
this title, issue Fund bonds in denominations of $100,000 (or 
any integral multiple thereof) in such total amounts as may be 
authorized by the Congress. No Fund bonds--
          [(1) shall be issued which mature in less than 8, or 
        more than 15, years from the date of original issuance 
        thereof;
          [(2) shall be issued later than the 10th anniversary 
        of the date of publication of the final standards and 
        designations under section 503(e) of this title; and
          [(3) shall, except as otherwise provided pursuant to 
        subsections (d)(6) and (g) of this section, be subject 
        to redemption (at the option of the Secretary) (A) at 
        any time prior to the 10th anniversary of the date of 
        original issuance thereof, and (B) at any time 
        thereafter.
  [(b) Pledge and Lien.--The Secretary, subject to sections 
502(g) and 508(g) of this title, shall impose a first pledge 
of, and a first lien on, all revenues payable to, and assets 
held in, the Fund, and appropriated for the use of the 
Secretary pursuant to this title. The Secretary may impose such 
a pledge of and lien on all other revenues or property of the 
Fund. The purpose of any such pledge and lien shall be to 
secure the payment, when due, of the principal of, any 
redemption premiums on, and any interest on, all Fund 
anticipation notes and Fund bonds, and for other purposes 
incidental thereto. Such incidental purposes may include the 
creation of reserve and other funds which may be similarly 
pledged and used, to such extent and in such manner as the 
Secretary deems necessary or desirable. Any pledge made by the 
Secretary shall be valid and binding from the time it is made. 
The revenues and assets held in the Fund, and the revenues or 
property of the Fund which are so pledged and which are 
subsequently received by the Fund, shall immediately be subject 
to the lien of such pledge without any physical delivery 
thereof or any further act. The lien of any such pledge shall 
be valid and binding as against all parties having claims of 
any kind, in tort, contract, or otherwise, against the 
Secretary or the Fund, without regard to whether such parties 
have notice thereof. No instrument by which a pledge is created 
need be recorded or filed to protect such pledge.
  [(c) Enhancement of Marketability.--The Secretary may enter 
into binding covenants with the holders of Fund bonds, and with 
the trustee, if any, under any agreement entered into in 
connection with the issuance of such bonds with respect to (1) 
the establishment of reserves, and other funds; (2) 
stipulations concerning the subsequent issuance of obligations; 
and (3) such other matters as the Secretary deems necessary or 
desirable to enhance the marketability of Fund bonds.
  [(d) Specific Determinations.--Subject to subsection (a) of 
this section, the Secretary may determine, with respect to Fund 
bonds--
          [(1) the form and denominations in which they shall 
        be issued;
          [(2) the time when they shall be sold, and in what 
        amounts;
          [(3) the time when they shall mature;
          [(4) the price thereof at sale;
          [(5) the rate of interest thereon;
          [(6) whether, and in what manner, they may be 
        redeemed prior to the date when they mature; and
          [(7) whether they shall be negotiable or 
        nonnegotiable and whether they shall be bearer or 
        registered instruments, and any indentures or covenants 
        relating thereto.
  [(e) Characteristics.--Fund bonds issued by the Secretary 
under this section shall--
          [(1) contain a recital that they are used under this 
        section, which shall be conclusive evidence as to the 
        validity and regularity of issuance and sale of such 
        Fund bonds;
          [(2) be subject to such other terms and conditions as 
        the Secretary may, by the resolution authorizing their 
        issuance, determine;
          [(3) be lawful investments and may be accepted as 
        security for all fiduciary, trust, and public funds, 
        the investment or deposit of which shall be under the 
        authority or control of any officer or agency of the 
        United States;
          [(4) not be exempted from Federal, State, and local 
        taxation; and
          [(5) not be debts or enforceable general obligations 
        of, nor shall payment of the principal thereof or 
        interest thereon be guaranteed by, the United States. 
        Neither the full faith and credit, nor the general 
        taxing power, of the Federal Government shall be 
        pledged to the payment of the principal of, any premium 
        on, or interest on, such Fund bonds.
  [(f) No Personal Liability.--Neither the Secretary, nor any 
other individual, who executes any Fund anticipation notes or 
fund bonds, shall be subject to any personal liability or 
accountability by reason of the issuance of any such notes or 
bonds.
  [(g) Redemption and Transfer.--If, after the 10th anniversary 
date of the original issuance of the initial series of Fund 
bonds, the amount in the Fund, exclusive of the value of any 
redeemable preference shares held by the Fund, exceeds 250 
percent of the amount required to satisfy amounts due in the 
succeeding fiscal year on account of Fund bonds, the Secretary 
may use such excess to redeem Fund bonds in accordance with 
their terms or may withdraw all or part of such excess from the 
Fund and transfer it to the general fund of the United States. 
When all Fund bonds have been redeemed, all amounts remaining 
in the Fund or thereafter accruing to it shall be transferred 
to the general fund of the United States, except to the extent 
necessary to cover such expenses of the Fund as may be required 
to carry on and complete any remaining responsibilities.
  [(h) Purchase by Secretary.--The Secretary, subject to such 
agreements with holders of Fund bonds as may then exist, is 
authorized (out of any funds available) to purchase Fund 
anticipation notes or Fund bonds. Upon any such purchase, such 
bonds and notes shall be canceled.

                            [authorizations

  [Sec. 509. (a) There is authorized to be appropriated to the 
Secretary of the Treasury for the purposes of the Fund not to 
exceed $1,400,000,000 and the Secretary of the Treasury is 
authorized and directed to purchase, from time to time, prior 
to September 30, 1985, from the Secretary, out of such moneys 
in the Treasury as are appropriated under this sentence, Fund 
anticipation notes in such aggregate principal amounts, subject 
to the foregoing limitation, as the Secretary may so offer for 
sale. No money in the Fund, regardless of source, shall be 
obligated, expended, or otherwise committed to any purpose from 
the Fund prior to or after September 30, 1985, without prior 
approval thereof in an annual appropriations Act. The Fund 
shall not qualify as one of the exceptions provided in section 
401(d) of the Congressional Budget and Impoundment Control Act 
of 1974 (31 U.S.C. 1351(d)).
  [(b)
  [(3) Of the funds authorized to be appropriated under this 
section (other than funds described in paragraphs (1) and (2) 
of this subsection) not more than $180,000,000 are authorized 
to be appropriated in fiscal year 1981, and not more than 
$55,000,000 are authorized to be appropriated for fiscal years 
1983, 1984 and 1985.
  [(4) $40,000,000 of the funds received by the Secretary of 
the Treasury from amounts appropriated under subsection (a) of 
this section shall be reserved and made available for 
meritorious applications regarding that restructuring of rail 
freight facilities and systems specified in section 
505(b)(2)(ii) of this title.
  [(5) $15,000,000 of the funds appropriated under subsection 
(a) of this section shall be available for the purchase, or for 
the refinancing of the purchase, of the rail line of the 
Chicago, Rock Island and Pacific Railroad Company between Fort 
Worth and Dallas, Texas, or of interests in such rail line, by 
a State or one or more political subdivisions thereof. To the 
extent that funds are made available for such purposes through 
appropriations for any Administration of the Department of 
Transportation, other than the Federal Railroad Administration, 
the amount of funds authorized under this section shall be 
reduced accordingly.

                               [exemption

  [Sec. 510. Neither the registration and prospectus delivery 
requirements of the Securities Act of 1933, nor the provisions 
of the securities laws of any State, shall be applicable to the 
issuance and sale of redeemable preference shares by railroads 
under this title.

                       [guarantee of obligations

  [Sec. 511. (a) General.--The Secretary may, in accordance 
with the provisions of this section, guarantee and make 
commitments to guarantee the payment of the principal balance 
of, and any interest on, an obligation of an applicant prior 
to, on, or after the date of execution or the date of 
disbursement of such obligation, if the proceeds of such 
obligation shall be or have been used (1) to acquire or to 
rehabilitate and improve facilities or equipment (which 
includes but is not limited to computerized car management 
systems), (2) to develop or establish new railroad facilities, 
or (3) to acquire, rehabilitate, improve, develop, or establish 
high-speed rail facilities or equipment. Each guarantee of such 
an obligation shall be made in accordance with the provisions 
of sections 511 through 513 of this title and such rules as the 
Secretary may prescribe to protect reasonably the interest of 
the United States. Each application for the guarantee of such 
an obligation or for a commitment to guarantee such an 
obligation shall be made in writing to the Secretary in such 
form and with such content as the Secretary prescribes. Such 
application shall be granted, in whole or in part, if the 
Secretary determines that the proposed, negotiated, or executed 
obligation is eligible for such guarantee. Each such guarantee 
or commitment to guarantee shall be extended in such form, 
under such terms and conditions, and pursuant to such 
regulations as the Secretary deems appropriate, consistent with 
the purposes of this title. Such a guarantee or commitment to 
guarantee shall inure to the benefit of the holder of the 
obligation to which such guarantee or commitment to guarantee 
applies.
  [(b) Fund.--An obligation guarantee fund shall be established 
and administered by the Secretary as a revolving fund to carry 
out the provisions of sections 511 through 513 of this title. 
Moneys in the obligation guarantee fund shall be deposited in 
the Treasury of the United States to the credit of such fund or 
invested in bonds or other obligations of the United States 
approved by the Secretary of the Treasury.
  [(c) Full Faith and Credit.--All guarantees entered into by 
the Secretary under this section shall constitute general 
obligations of the United States of America backed by the full 
faith and credit of the United States of America.
  [(d) Modifications.--The Secretary may approve any 
modification of any provision of a guarantee, or of a 
commitment to guarantee an obligation, including the rate of 
interest, time of payment of interest or principal, security, 
or any other terms and conditions, if the Secretary makes a 
finding in writing that such modification is equitable and is 
in the overall best interests of the United States under this 
title, and that the holder of such obligation consents to such 
modification.
  [(e) Extent of Authority.--The aggregate unpaid principal 
amounts of obligations which may be guaranteed by the Secretary 
under this section shall not exceed $1,000,000,000 at any one 
time.
  [(f) Rate of Interest.--The rate of interest (exclusive of 
premium charges for a guarantee and service fees) which shall 
be paid on the unpaid principal balance of each obligation 
guaranteed by the Secretary under this section, shall not 
exceed an annual percentage rate which the Secretary determines 
to be reasonable, taking into consideration the prevailing 
interest rates for similar obligations in the private market.
  [(g) Prerequisites for Guarantees.--No obligation shall be 
guaranteed and no commitment shall be made to guarantee any 
obligation under this section, unless and until the Secretary 
makes a finding in writing that--
          [(1) an obligation for equipment acquisition, 
        rehabilitation, or improvement is secured (A) by the 
        particular equipment which is to be financed or 
        refinanced by such obligation, or (B) in the case of 
        the rehabilitation or improvement of leased equipment, 
        by the lease;
          [(2) payment of the obligation is required by its 
        terms to be made within 25 years from the date of its 
        execution;
          [(3) the financing or refinancing is justified by the 
        present and probable future demand for rail services or 
        high-speed rail services to be rendered by the 
        applicant and will serve to meet demonstrable needs for 
        rail services or high-speed rail services and to 
        provide shippers or passengers with improved service;
          [(4) 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;
          [(5) the prospective earning power of the applicant, 
        or the value or prospective earning power of any 
        equipment or facilities to be acquired, rehabilitated, 
        improved, developed, or established (or any combination 
        of the foregoing), together with any other security 
        offered by the applicant, is sufficient to provide the 
        United States with reasonable security and protection, 
        except that if the value or prospective earning power 
        of such equipment or facilities is equal to or greater 
        than the amount of the obligation to be guaranteed, the 
        Secretary may not, on the basis of the lack of 
        prospective earning power of the applicant, find that 
        the United States will not be provided with the 
        reasonable security and protection referred to in this 
        paragraph;
          [(6) the transaction will result in an improvement in 
        the ability of any affected railroad or high-speed rail 
        carrier to transport passengers or freight; and
          [(7) in the case of high-speed rail facilities and 
        equipment, at least 85 percent of such facilities and 
        equipment are mined, produced, or manufactured in the 
        United States, unless the Secretary finds in writing 
        that--
                  [(A) such requirement would be inconsistent 
                with the public interest;
                  [(B) such facilities and equipment could not 
                be mined, produced, or manufactured in the 
                United States in sufficient and reasonably 
                available quantities of a satisfactory quality;
                  [(C) such a requirement would increase the 
                cost of the facilities and equipment by more 
                than 25 percent; or
                  [(D) such a requirement would result in a 
                violation of obligations of the United States 
                under international trade agreements.
  [(h) General Requirement.--The recipients of any guarantees 
of, or of any commitments to guarantee, an obligation under 
this section, shall, consistent with their capital resources, 
maintain their facilities, on a continuing basis, in accordance 
with standards promulgated under this subsection. The Secretary 
shall assure compliance with this requirement by regular 
periodic inspection.
  [(i) Conditions of Guarantees.--(1) The Secretary shall, 
before making, approving, or extending any guarantee or 
commitment to guarantee any obligation under this section, 
require the obligor to agree to such terms and conditions as 
are sufficient, in the judgment of the Secretary, to assure 
that, as long as any principal or interest is due and payable 
on such obligation, such obligor--
          [(A) will not make any discretionary dividend 
        payments, except as provided in paragraph (2) of this 
        subsection; and
          [(B)(i) will not use any funds or assets from 
        railroad operations for nonrail purposes; and
          [(ii) will not use any funds or assets from high-
        speed rail operations for purposes other than high-
        speed rail purposes,
if such payments or use will impair the ability of such obligor 
to provide rail services or high-speed rail services in an 
efficient and economic manner or will adversely effect that 
ability of such obligor to perform any obligation guaranteed by 
the Secretary.
  [(2) An obligor shall not be restricted with respect to 
making dividend payments from its net income for any fiscal 
year, if such payments do not exceed--
          [(A) when compared to the net income of such obligor 
        for such fiscal year, the ratio which aggregate 
        dividends paid by such obligor, during the 5 fiscal 
        years prior to the granting of the earliest loan 
        guarantee then outstanding under this section bore to 
        aggregate net income of such obligor for such period; 
        or
          [(B) 50 per centum of the total addition to the 
        retained income of such obligor (computed on a 
        cumulative basis and giving cognizance to dividends 
        paid) during the period commencing with the fiscal year 
        prior to the granting of the earliest loan guarantee 
        then outstanding under this section,
whichever is greater.
  [(3) The restriction set forth in paragraphs (1) of this 
subsection shall not apply with respect to an obligation 
guaranteed under this section if, in the event of a default by 
the obligor, the Secretary would be subrogated to the rights of 
the lender under section 77(j) of the Bankruptcy Act.
  [(j) Breach of Conditions.--The Attorney General shall 
commence a civil action in any appropriate district court of 
the United States to enjoin any activity which the Secretary 
finds is in violation of any requirement or condition specified 
in subsection (i) or (j) of this section, and to secure any 
other appropriate relief, including termination, suspension, 
and punitive damages.
  [(k) Investigation Charge.--The Secretary shall charge and 
collect from each applicant such amounts as he deems reasonable 
for the investigation of any application submitted under this 
section, for appraisal of the value of the equipment or 
facilities involved, and for making the necessary 
determinations and findings. Such charges shall not aggregate 
more than one-half of 1 percent of the principal amount of the 
obligation with respect to which the applicant seeks a 
guarantee or commitment to guarantee.
  [(l) Premium Charge.--The Secretary shall assess and collect 
from the obligor an annual premium charge on each obligation 
guaranteed under this section. The amount of such premium may 
not exceed an annual rate of 1 percent on the unpaid principal 
balance of such obligation at the time payment is due. Payment 
is due initially when the obligation is guaranteed by the 
Secretary, and, thereafter, on the anniversary date of such 
guarantee.
  [(m) Administrative Cost.--All moneys received by the 
Secretary under this section shall be deposited in the 
obligation guarantee fund, and to the extent provided in 
appropriation acts, may be used by the Secretary to pay 
administrative costs and expenses incurred by him pursuant to 
this section.
  [(n) Definitions.--As used in this section, the term ``high-
speed rail'' means all forms of nonhighway ground 
transportation that run on rails providing transportation 
service which is--
          [(1) reasonably expected to reach sustained speeds of 
        more than 125 miles per hour; and
          [(2) made available to members of the general public 
        as passengers.
Such term does not include rapid transit operations within an 
urban area that are not connected to the general rail system of 
transportation.

                   [issuance of notes or obligations

  [Sec. 512. (a). Authorization.--The Secretary may issue, in 
such amounts as are provided in appropriation acts, notes or 
other obligations to the Secretary of the Treasury, in such 
forms and denominations, bearing such maturities, and subject 
to such terms and conditions as the Secretary may prescribe. 
Such obligations may be issued whenever the moneys in the 
obligation guarantee fund are not sufficient to pay any amount 
which the Secretary is required to pay under section 513 of 
this title. Such obligations shall bear interest at a rate to 
be determined by the Secretary of the Treasury on the basis of 
the current average market yield on outstanding marketable 
obligations of the United States on comparable maturities 
during the month preceding the issuance of such obligations. 
The Secretary of the Treasury shall purchase any such 
obligations, and for such purpose he may use as a public debt 
transaction the proceeds from the sale of any securities issued 
under the Second Liberty Bond Act, as now or hereafter in 
force. The purposes for which securities may be issued under 
such Act are extended to include any purchase of notes or other 
obligations issued under this subsection. The Secretary of the 
Treasury may sell any such obligations at such times and price 
and upon such terms and conditions as he shall determine in his 
discretion. All purchases, redemptions, and sales of such 
obligations by such Secretary shall be treated as public debt 
transactions of the United States. Moneys obtained under this 
subsection shall be deposited in the obligation guarantee fund, 
and redemptions of any such obligations shall be made by the 
Secretary from such fund.
  [(b) Validity.--No guarantee or commitment to guarantee under 
section 511 of this title may be terminated, suspended, 
canceled, or otherwise revoked, except in accordance with 
lawful terms and conditions prescribed by the Secretary. Such a 
guarantee or commitment shall be conclusive evidence that the 
underlying obligation is in compliance with the provisions of 
such sections 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 to guarantee shall be 
valid and incontestable in the hands of the holder thereof, as 
of the date when the Secretary granted the application 
therefor, except as to fraud or material misrepresentation by 
such holder.
  [(c) Definition.--As used in this section, the term 
``Secretary of the Treasury'' includes any designated 
representative of such Secretary.

                   [default on guaranteed obligations

  [Sec. 513. (a) General.--If there is a default by the obligor 
in any payment of principal or interest due under an obligation 
guaranteed under section 511 of this title, and if such default 
continues for 30 days, the holder of such obligation or his 
agent has the right to demand payment by the Secretary of the 
unpaid interest on, and the unpaid principal of such obligation 
consistent with the terms of the guarantee of such obligation. 
Such payment may be demanded after or before the expiration of 
such period as may be specified in the guarantee or related 
agreements, but not later than 90 days from the date of such 
default. Within such specified period, but not later than 60 
days from the date of such demand, the Secretary shall pay to 
such holder the unpaid interest on, and the unpaid principal 
of, such obligation, consistent with the terms of the guarantee 
of such obligation, except that (1) the Secretary shall not be 
required to make any such payment if he finds, prior to the 
expiration of such period, that there was no default by the 
obligor in the payment of interest or principal or that such 
default has been remedied, and (2) no such holder shall receive 
payment or be entitled to retain payment in a total amount 
which, together with another recovery (including any recovery 
based upon a security interest in equipment or facilities) 
exceeds the actual loss of such holder.
  [(b) Rights of the Secretary.--(1) If the Secretary makes 
payment to a holder under subsection (a) of this section, the 
Secretary shall thereupon--
          [(A) have all of the rights granted to him by law or 
        agreement with the obligor; and
          [(B) be subrogated to all of the rights which were 
        granted such holder, by law, assignment, or security 
        agreement between such holder and the obligor.
  [(2) The Secretary may, in his discretion, complete, 
recondition, reconstruct, renovate, repair, maintain, operate, 
charter, rent, sell, or otherwise dispose of any property or 
other interests obtained by him pursuant to this section. The 
terms of any such sale or other disposition shall be as 
approved by the Secretary.
  [(c) Form of Payment.--Any amount required to be paid by the 
Secretary pursuant to subsection (a) of this section shall be 
paid in cash.
  [(d) Action Against Obligor.--If there is a default by the 
obligor in any payment due under an obligation guaranteed under 
section 511 of this title, the Secretary shall take such action 
against such obligor or any other person as is, in his 
discretion, necessary or appropriate to protect the interests 
of the United States. Such an action may be brought in the name 
of the United States or in the name of the holder of such 
obligation. Such holder shall make available to the Secretary 
all records and evidence necessary to prosecute any such suit. 
The Secretary may, in his discretion, accept a conveyance of 
property in full or partial satisfaction of any sums owed to 
him. If the Secretary receives, through the sale of property, 
an amount greater than his cost and the amount paid to the 
holder under subsection (a) of this section, he shall pay such 
excess to the obligor.

                         [audit of transactions

  [Sec. 514. (a) General.--The Comptroller General of the 
United States is authorized to audit the operations of the Fund 
and of the obligation guarantee fund in accordance with such 
rules and regulations as he may prescribe. Any such audit shall 
be conducted at the place or places where accounts of the Fund 
or of the obligation guarantee fund are normally kept. The 
representatives of the Comptroller General shall have access to 
all books, accounts, records, reports, files, and other papers, 
things, or property belonging to, or in use by or in connection 
with the Fund, the obligation guarantee fund, or the Secretary 
which pertain to the financial transactions of the Fund or the 
obligation guarantee fund and which are necessary to facilitate 
an audit. Such representatives shall be afforded full 
facilities for verifying transactions with the balances or 
securities held by depositories, fiscal agents, and custodians. 
All such books, accounts, records, reports, files, papers, 
things, and property shall remain in the possession and custody 
of the Fund, the obligation guarantee fund, or the Secretary, 
as the case may be.
  [(b) Access to Information.--The representatives of the 
Comptroller General shall have access to all books, accounts, 
records, reports, files, and other papers, things, or property 
belonging to or in use by any person or entity which has 
entered into a financial transaction with or involving the 
Fund, the obligation guarantee fund, or the Secretary, under 
this title, to the extent deemed necessary by the Comptroller 
General to facilitate any audit of financial transactions 
pursuant to subsection (a) of this section. Such 
representatives shall be afforded full facilities for verifying 
transactions with the balances or securities held by 
depositories, fiscal agents, and custodians. All such property 
of such person or entity shall, to the extent practicable, 
remain in the possession and custody of such person or entity.
  [(c) Report.--The Comptroller General shall make a report of 
each such audit to the Congress. Such report shall contain all 
comments and information which the Comptroller General deems 
necessary to inform Congress of the financial operations and 
condition of the Fund and of the obligation guarantee fund and 
any recommendations which he deems advisible. Such report shall 
indicate specifically and describe in detail any program, 
expenditure, or other financial transaction or undertaking 
observed in the course of such audit which the Comptroller 
General deems to have been carried on or made without lawful 
authority or which is inconsistent with the purposes and 
provisions of this title. A copy of such report shall be 
furnished to the President, the Secretary, and the Commission, 
at the time it is submitted to the Congress.]

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, 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 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 forestimated defaults, 
prepayments, fees, penalties, and other recoveries.
          (C) The cost of a loan guarantee shall be the net 
        present value when a guaranteed loan is disbursed, of 
        the following cash flows:
                  (i) Estimated payments by the Government to 
                cover defaults and delinquencies, interest 
                subsidies, or other payments.
                  (ii) Estimated payments to the Government, 
                including origination and other fees, 
                penalties, and recoveries.
          (D) Any Government action that alters the estimated 
        net present value of an outstanding direct loan or loan 
        guarantee (except modifications within the terms of 
        existing contracts or through other existing 
        authorities) shall be counted as a change in the cost 
        of that direct loan or loan guarantee. The calculation 
        of such changes shall be based on the estimated present 
        value of the direct loan or loan guarantee at the time 
        of modification.
          (E) In estimating net present values, the discount 
        rate shall be the average interest rate on marketable 
        Treasury securities of similar maturity to the direct 
        loan or loan guarantee for which the estimate is being 
        made.
          (2) 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. The term does not 
        include the acquisition of a federally guaranteed loan 
        in satisfaction of default claims.
          (3) 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.
          (4) 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.
          (5) 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.
          (6) 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.

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 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 $5,000,000,000 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.
  (b) Full Faith and Credit.--All guarantees entered into by 
the Secretary under section 502 shall constitute general 
obligations of the United States of America backed by the full 
faith and credit of the United States of America.
  (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.
  (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.

                          employee protection

  Sec. [516] 504. (a) General.--Fair and equitable arrangements 
shall be provided, in accordance with this section, to protect 
the interests of any employees not otherwise protected under 
title V of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 771 et seq.), who may be affected by actions taken 
pursuant to authorizations or approval obtained under this 
title. Such arrangements shall be determined by the execution 
of an agreement between the representatives of the railroads 
and the representatives of their employees, within 120 days 
after the date of enactment of this title. In the absence of 
such an executed agreement, the Secretary of Labor shall 
prescribe the applicable protective arrangements, within 150 
days after the date of enactment of this title.
  (b) * * *
         *        *        *        *        *        *        *

                   [intercity rail passenger service

  [Sec. 517. The Secretary is authorized, pursuant to the 
provisions of, and within the authorizations contained in, this 
title, to provide financial assistance, in the aggregate sum of 
up to $200,000,000, to any railroad or railroads for the 
purpose of improving intercity rail passenger service on any 
lines of such railroad or railroads which are located outside 
of the Northeast Corridor (as defined in section 701(c) of this 
Act).

[SEC. 518. COLUMBUS AND GREENVILLE RAILWAY.

  [(a) Limitation of United States Interest.--Notwithstanding 
any other provision of this title, the Secretary shall limit 
the interest of the United States in any debt of the Columbus 
and Greenville Railway under sections 505 and 511 of this title 
to an interest which attaches to such debt in the event of (1) 
bankruptcy, or (2) substantial sale or liquidation of the 
assets of the railroad, the proceeds of which are not 
reinvested in the operations of the railroad. The Secretary may 
substitute for the evidence of such debt contingency notes 
payable solely from the railroad operating assets then securing 
such debt, including reinvestments thereof, or such other 
contingency notes as the Secretary deems appropriate and which 
conform to the terms in this section.
  [(b) Higher Priority for New Debt.--If the interest of the 
United States is limited under subsection (a) of this section, 
any new debt issued by such railroad subsequent to the issuance 
of the debt described in such subsection may have such higher 
priority in the event of bankruptcy, liquidation, or 
abandonment of the assets of such a railroad than the debt 
described in such subsection as the Secretary and railroad may 
agree.]
         *        *        *        *        *        *        *
                              ----------                              


      SECTION 211 OF THE REGIONAL RAIL REORGANIZATION ACT OF 1973

                                 loans

  Sec. 211. (a) * * *
         *        *        *        *        *        *        *
  [(i) Electrification.--Upon application by the Corporation or 
any other railroad, the Secretary shall, pursuant to the 
provisions of and within the obligational limitations contained 
in sections 511 through 513 of the Railroad Revitalization and 
Regulatory Reform Act of 1976, guarantee obligations of the 
Corporation or such railroad for the purpose of electrifying 
high-density mainline routes if the Secretary finds that such 
electrification will return operating and financial benefits to 
the Corporation or such railroad and will facilitate 
compatibility with existing or renewed electrification systems. 
Upon application by the Corporation or by any railroad in 
reorganization in the region which receives a loan under 
section 211(a) of this Act, the Secretary shall, pursuant to 
the provisions of and within the obligational limitations 
contained in sections 511 through 513 of such Act, guarantee 
obligations of the Corporation or such railroad for purposes of 
making capital improvements to coal export facilities. The 
aggregate unpaid principal amount of obligations which may be 
guaranteed by the Secretary under this paragraph shall not 
exceed $200,000,000 at any one time.]

                            ADDITIONAL VIEWS

    While we strongly support H.R. 2400, and believe that the 
Committee has done an excellent job in crafting this bipartisan 
measure, we believe it is important to raise concerns about 
perpetuating the Disadvantaged Business Enterprise (DBE) 
program.
    We commend the Committee for including a provision in the 
bill that will protect states and localities who are forced by 
a court order to withdraw from the DBE Program. We also applaud 
the Committee's decision to ask for an independent audit of the 
program. However, we are compelled to voice our opposition to 
the reauthorization of the program in its current form.
    The bill approved by the Committee renews Section 1003(b) 
of the Intermodal Surface Transportation Efficiency Act of 1991 
(ISTEA; 105 Stat. 1914) without fundamental changes. This 
section, entitled ``Disadvantaged Business Enterprises'' 
requires that ``not less than 10 percent of the amounts 
authorized'' for highway, transit, motor carrier and 
transportation research spending be ``expended with small 
business concerns owned and controlled by socially and 
economically disadvantaged individuals.''

                       History of the DBE Program

    First enacted in Section 105(f) of the Surface 
Transportation Assistance Act of 1982 (96 Stat. 2097), the DBE 
program requires that ``not less than 10 percent of the amounts 
authorized'' for highway, transit, motor carrier and 
transportation research spending be expended on contracts with 
firms owned or operated by economically and socially 
disadvantaged individuals.
    Current law (15 U.S.C. 637[d]) presumes that ``Black 
Americans, Hispanic Americans, Native Americans, Asian Pacific 
Americans, and other minorities, or any other individual found 
to be disadvantaged by the Administration'' are economically 
and socially disadvantaged. The Small Business Administration 
takes this authority seriously and has, through regulations, 
expanded eligibility to Eskimos; Aleuts; Native Hawaiians; 
persons with origins in Asia Pacific including Burma, Thailand, 
Malaysia, Indonesia, Singapore, Brunei, Japan, China, Hong 
Kong, Taiwan, Laos, Cambodia, Vietnam, Korea, the Philippines, 
Republic of Palau, Republic of the Marshall Islands, Federated 
States of Micronesia, Commonwealth of the Northern Mariana 
Islands, Guam, Samoa, Macao, Fiji, Tonga, Kiribati, Tuvalu, and 
Naura; and persons with origins in Subcontinent Asia including 
Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, 
and Nepal (13 CFR Part 124.105). For those who do not fit these 
racial or ethnic profiles, social disadvantage can be invoked 
through (1) ``long-term residence in an environment isolated 
from the mainstream of American society, or other similar 
causes not common to individuals who are not socially 
disadvantaged'' and (2) ``personal experiences of social 
disadvantage [that] have been substantial, chronic and long-
standing'' (13 CFR Part 124.105). In a recent editorial, a 
leading journalist suggested that Members of Congress might 
even qualify under this definition (``Victims, Victims 
Everywhere,'' Washington Post, September 14, 1997, page C7). 
Regulations issued in August 1997, which purport to bring these 
programs into compliance with recent court decisions, 
unfortunately continue these broad definitions (62 Fed. Reg. 
43600).
    In 1987, through a provision in the Surface Transportation 
and Uniform Relocation Assistance Act (STURRA; 101 Stat. 132), 
the DBE program was amended to include business concerns owned 
and controlled by women, regardless of their economic status. 
Section 1003(b) of ISTEA continued this presumption.

                 Effect of the Adarand Court Decisions

    Two cases, decided on behalf of Adarand Constructors, make 
it crystal clear that race- and gender-based preference 
programs administered by the federal government must be 
restructured to provide targeted remedies to only those who 
have been the victims of specific discrimination.

          challenge to the subcontracting compensation clause

    Federal agencies have adopted a number of different 
approaches to meet the requirements of the DBE program. The 
Federal Lands Highway Division, a component of the Federal 
Highway Administration within the U.S. Department of 
Transportation (USDOT), developed its own race-conscious 
program to comply with the DBE program. Created through 
internal contract clauses written pursuant to the Federal 
Acquisition Regulations (48 CFR 52.219), the Subcontracting 
Compensation Clause (SCC) provides ``incentive payments'' to 
prime contractors who subcontract with DBEs. Payments vary from 
1.5 percent to 2 percent of the contract amount if the value of 
the subcontracts exceeds 10 percent of the total contract 
value.
    The SCC program was challenged by Adarand Constructors, 
Inc., a construction firm in Colorado whose low bid on a 
subcontract for highway guard rails was rejected in favor of a 
higher-bidding DBE. While the federal trial court and the Tenth 
Circuit upheld the SCC program, arguing that federal set-asides 
should be evaluated under lenient judicial review, the Supreme 
Court rejected these rulings, arguing that to pass 
constitutional muster, all federal race-conscious programs must 
be judged by the standard of strict scrutiny (Adarand 
Constructors, Inc. v. Pena, 515 U.S. 200).

              application of the strict scrutiny standard

    As defined by case law, strict scrutiny requires the 
government to prove that race-based programs serve a 
``compelling governmental interest'' and are ``narrowly 
tailored'' to satisfy that interest. In applying this test to 
federal race preference programs for the first time, the high 
court remanded the Adarand case back to the district court for 
reconsideration.
    In June 1997, the United States District Court for the 
District of Colorado ruled that the Subcontractor Compensation 
Clause is not narrowly tailored and is therefore 
unconstitutional (Adarand Constructors, Inc. v. Pena, 965 F. 
Supp. 1556 [D. Colo. 1997]). However, the court went a step 
further and stipulated that this ruling ``effectively precludes 
the implementation of [all] statutes or regulations that grant 
presumptive eligibility for government preference in 
contracting on the basis of race, i.e., the use of presumptions 
of social and economic disadvantage in Section 8(d) of the 
Small Business Act''--the very authority cited in the statutes 
authorizing the DBE program.
    Case law stipulates that the only compelling governmental 
interest for race preferences in the remedying of past 
discrimination. To determine whether a race-based program is 
``narrowly tailored,'' the following factors are to be 
considered: (1) the efficacy of alternative remedies; (2) the 
planned duration of the remedy; (3) the relationship between 
the percentage of minority group members in the relevant 
population or workforce; (4) the availability of waiver 
provisions if the hiring plan could not be met; and (5) the 
effect of the remedy on innocent third parties (United States 
v. Paradise, 107 S.Ct. 1053).
    In finding that these programs and the regulations 
promulgated to implement them are not narrowly tailored, Judge 
Kane wrote:

          * * * the presumptions of disadvantage set out in 
        federal statutes and regulations are not narrowly 
        tailored to those who have suffered the effects of 
        prior discrimination in that they allow implementation 
        in such a way as to permit an absolute preference to 
        certain business entities based solely on their race.

    This passage is footnoted to read, ``Indeed, under these 
standards, the Sultan of Brunei would qualify'' (Footnote 17). 
If one of the world's wealthiest men qualifies by virtue of his 
ethnic heritage, claims that these programs are narrowly 
constructed are indeed absurd.
    Judge Kane expanded on this point later in the opinion 
stating that the definition of socially and economically 
disadvantaged individuals relied upon in the DBE authorizing 
legislation ``grants the presumption of both social and 
economic disadvantage * * * to members of the listed minority 
groups without reference to their economic status [emphasis 
added] * * *''.

        Specific Ruling that the DBE Program in Unconstitutional

    In its final order, the court leaves no doubt of its 
intentions, ordering that ``Section 106(c) of the Surface 
Transportation and Uniform Relocation Assistance Act (STURRA), 
Section 1003(b) of the Intermodal Surface Transportation 
Efficiency Act (ISTEA), Section 8(d) of the Small Business Act 
(codified at 15 USC 637[d]) * * * and the regulations 
promulgated thereunder * * * are unconstitutional * * *''. A 
quick review of these statutes reveal that Section 106(c) of 
STURRA and Section 1003(b) of ISTEA authorize the Disadvantaged 
Business Enterprise Program. These laws specifically cite 
Section 8(d) of the Small Business Act for purposes of defining 
eligibility in the DBE program. Those who argue that the DBE 
program is not at issue in the Adarand case are seriously 
mistaken.

                        Other Recent Court Cases

    While the Supreme Court and district court rulings in 
Adarand have received considerable attention, a number of other 
cases deserve congressional review.

                Croson Test for State and Local Programs

    The first case to apply the strict scrutiny test to 
programs involving racial classifications dealt only with state 
and local preference programs. Decided by the Supreme Court in 
1989, this landmark decision Richmond v. J.A. Croson Co. (488 
U.S. 469), applied strict scrutiny review to state and local 
minority set-aside programs. The court found that for a racial 
classification to survive strict scrutiny it must be a narrowly 
tailored remedy for past discrimination. The court continued 
that ``[f]indings of societal discrimination will not suffice; 
the findings must concern prior discrimination by the 
government unit involved.'' In citing the Croson case, the 
remanded Adarand district court decision found that ``[t]here 
appears to be only one compelling interest recognized by the 
Supreme Court to justify racial classifications, namely the 
remedying of past wrongs.'' The Adarand decision, which applied 
strict scrutiny to federal preference programs, was a logical 
extension of Croson.

                             Houston METRO

    In April 1996, the United States District Court for the 
Southern District of Texas questioned the constitutionality of 
the Houston transit authority's DBE program, and blocked use of 
the program by Houston METRO pending final disposition of the 
case (Houston Contractors Association v. Metropolitan Transit 
authority, et al, United States District Court for the Southern 
District of Texas, Houston Division, Civil Action No. H-93-
3651). The court's temporary restraining order prohibits METRO 
from utilizing race- or gender-based preferences in the 
selection or award of construction contracts--making it 
impossible for METRO to comply with the federally-approved DBE 
program. In response to the court's ruling, METRO designed a 
race-neutral program to provide assistance to economically-
disadvantaged small businesses. The United States Department of 
Transportation (USDOT) refused to recognize this alternative 
program and withheld federal funding from METRO for nearly 
seventeen months.
    It is interesting to note, however, that the Supreme 
Court's 1987 ruling in South Dakota v. Dole (483 U.S. 203) held 
that Congress may not use its spending power to induce states 
to engage in unconstitutional activities. Although the case did 
not focus on the executive branch, it is not difficult to 
imagine that the same prohibition should hold true for the 
various departments and agencies of the federal government.
    In September 1997, the USDOT reconsidered its decision and 
granted Houston Metro a seven-month exemption from the 
requirements of the DBE program. This temporary waiver is 
conditioned upon certification by the USDOT that Houston's 
race-neutral small business program is in ``substantial 
compliance with 49 CFR Part 23 by achieving acceptable DBE 
participation levels.'' If the Federal Transit Administration 
concludes that Houston's small business program does not 
substantially comply with the regulations governing the DBE 
program, the waiver will expire at the end of the six-month 
period. during this trial period, Houston must also continue 
certifying applicants as DBEs. (September 19, 1997, letter from 
Mr. Gordon Linton, Administrator of the Federal Transit 
Administration to Mr. Robert MacLennan, General Manager, 
Metropolitan Transit Authority.)

                          Monterey Mechanical

    On September 3, 1997, the Ninth Circuit Court of Appeals 
declared unconstitutional a California law requiring 
contractors on state projects to subcontract work to firms 
owned by minorities an women (Monterey Mechanical Co. v. 
Wilson, No. 96-16729, United States Court of Appeals for the 
Ninth Circuit, 1997). The state statute set goals of not less 
than 15 percent participation byminority business enterprises 
and not less than five percent participation by women-owned firms. 
Reversing the lower court ruling, the court of appeals found that 
``[t]he state has not even attempted to show that the statute is 
narrowly tailored to remedy past discrimination'' and that racial and 
gender classifications will survive strict scrutiny only if they are 
narrowly tailored measures furthering compelling governmental 
interests.
    On March 9, 1998--just a few weeks ago--the court denied a 
request for a rehearing of the case and issued a final mandate 
(1998 U.S. App. LEXIS 4151). In response, Governor Pete Wilson 
issued an executive order directing every state agency to cease 
enforcement of the minority and women business enterprise 
participation goals previously required under state law 
(Executive Order W-172-98).

                         additional challenges

    Based on existing case law, the DBE program raises 
significant constitutional questions. No evidence has been 
presented to this Committee that actual discrimination has 
occurred within the transportation construction industry. No 
evidence has been presented that race-neutral remedies were 
attempted and found deficient. No evidence has been presented 
justifying the use of the program on a nation-wide basis. No 
statistical evaluations have been presented justifying the use 
of the program in any given market. No evidence has been 
presented justifying the fact that the program does not include 
a procedure for individualized inquiries into whether a 
particular DBE has suffered from past discrimination.
    In fact, the only hearing this Congress that touched on the 
issue of set-asides in the transportation industry was in the 
House Judiciary Committee on February 25, 1998. Testimony 
during the hearing focused on the dramatic success of minority- 
and women-owned business enterprises. Between 1982 and 1992, 
the percentage of minority- and women-owned business 
enterprises in the construction industry increased from 6.3 
percent to 16.7 percent. The number of African American firms 
increased by 112 percent. The number of Hispanic firms 
increased by 292 percent. The number of Asian and Native 
American firms increased by 225 percent. And the number of 
women-owned businesses increased by 380 percent. These 
significant gains call into question the continued need for 
race and gender preference programs.
    Based on these and other reasons, minority set-aside 
programs have been successfully challenged in San Diego, 
California; Dade County, Florida; Atlanta, Georgia; Columbus, 
Ohio; Philadelphia, Pennsylvania; Washington, DC; Louisiana; 
Michigan; and Wisconsin. Within the last two years, suits 
challenging state- and local-run DBE programs have been filed 
against Connecticut, Florida, Maryland, Minnesota, Mississippi, 
New Mexico, Utah, the City of Albuquerque, the Los Angeles 
County Metropolitan Transportation Authority, and the San 
Francisco Bay Area Rapid Transit District.
    These cases are not aberrations; in fact, they are just the 
tip of the iceberg. We strongly believe that such challenges 
will continue to be filed in states and localities around the 
country.

   Additional Concerns Regarding Presumption of Economic Disadvantage

    One issue that must be addressed in any review of the DBE 
program is the presumption that certain racial and ethnic 
classes and women, regardless of their economic status, are 
disadvantaged. The regulations issued by USDOT to implement 
this program specifically prohibit states from verifying the 
economic status of the applicant:

          * * * the basic meaning of a presumption of social 
        and economic disadvantage is that the recipient assumes 
        that a member of the designated groups is socially and 
        economically disadvantaged. In making certification 
        decisions, the recipient relies on this presumption, 
        and does not investigate the social and economic status 
        of individuals who fall into one of the presumptive 
        groups. (49 CFR Pt. 23, Subpt. D, App. A)

    Proposed regulations promulgated as recently as May 30, 
1997, state, ``Recipients would be prohibited from requiring 
owners to prove their social and economic disadvantage as part 
of the application process. The applicant would not be required 
to submit actual personal financial data (e.g., personal income 
tax returns or a detailed financial statement) * * *'' (Federal 
Register Vol. 62, No. 104, May 30, 1997, page 29565).
    Because the DBE program is not economically targeted, the 
very wealthy benefit at taxpayers' expense. If Leona Helmsley 
or Ivana Trump established small construction companies they 
would qualify for the minority set-aside at an increased cost 
to the federal government. And as the district court found in 
the Adarand case, an extremely wealthy Asian sultan would also 
qualify. In addition to our concerns about the 
constitutionality of these classifications, we do not believe 
that this is an appropriate use of tax dollars.

                               Conclusion

    We strongly believe that the current DBE program is 
unconstitutional. The DBE program can be a useful tool for 
remedying past discrimination. However, it must be amended to 
comply with recent court cases requiring minority set-aside 
programs to be narrowly targeted to remedy specific instances 
of past discrimination.
    Despite the Clinton Administration's claims that it is in 
the process of reviewing all government preference programs in 
light of the Adarand case, no significant changes have been 
made in the administration of these programs. This Committee 
should work closely with the USDOT to ensure that set-aside 
programs within the transportation arena meet the strict 
scrutiny test.
    In light of recent court decisions, and given the 
likelihood that the filing of challenges will only increase, 
this Committee and the Congress as a whole would be remiss to 
not conduct a comprehensive review of preference programs.
    We call on the Committee to address these issues and look 
forward to working together to ensure that federal programs do 
not violate the constitutional rights of any American.

                                   Asa Hutchinson.
                                   Frank Riggs.
                                   Howard Coble.
                                   Jo Ann Emerson.
                                   Roy Blunt.
                                   Joseph R. Pitts.
                                   Herbert H. Bateman.
                                   Tillie K. Fowler.
                                   John Thune.

                             SEPARATE VIEWS

    We offer these views to rebut those submitted by seven of 
our Colleagues criticizing the disadvantaged business 
enterprise (DBE) program in the reported bill.
    The reported bill extends ISTEA programs, subject to all 
requirements of existing law, including the DBE program. The 
DBE program ensures that small business concerns which are 
owned and controlled by socially and economically disadvantaged 
individuals will have a fair opportunity to compete for 
federally-funded highway and transit contracts.
    We strongly support continuation of the DBE program. The 
DBE program furthers one of our highest national goals; an 
equal opportunity for all citizens to participate fully in the 
national economy.
    Although we have made considerable progress in encouraging 
participation by minority-owned businesses in the Federal-Aid 
highway and transit programs, we still need a legislative 
mechanism to preserve our gains and encourage further advances.
    During the late 1970s, prior to the implementation of the 
DBE program for Federal-Aid highway contracting, minority-owned 
firms participated in only about 2 percent of all contracts in 
the Federal-Aid Highway Program. Minority participation 
increased sharply in the 1980s after enactment of the program. 
By 1995, participation by minority businesses in federally-
funded highway contracts reached about 9 percent.
    There is good reason for concern that without a federal 
program in place, minority participation will decline 
substantially. When DBE programs end, many prime contractors 
return to the same exclusionary practices that denied 
minorities and women the change to compete for business before 
the DBE program was created. To cite just a few examples, in 
the City of Richmond, Virginia, after a local DBE program was 
ended, minority contracting declined from 30 percent of total 
contracts to 3 percent. In Michigan, within 9 months of ending 
the State DBE program, minority and women-owned businesses were 
completely shut out of State highway construction projects, 
getting no contracts at all. In Tampa, when a DBE program was 
ended, minority participation in government contracts declined 
from 22 percent to 5 percent.
    These unfortunate examples are confirmed by trends in the 
construction industry generally. Minority-owned businesses 
represent 9 percent of all construction firms, yet they receive 
only about 5 percent of all business receipts. Women own one-
third of all firms, yet get only 19 percent of business 
receipts.
    Discrimination in both contracting and access to capital in 
financial markets continues to limit the ability of minority 
and women-owned firms to reach their full potential. For 
instance, white-owned construction firms receive 50 times more 
loan dollars than black-owned firms with identical equity. 
Studies have concluded that, other factors being equal, 
minorities are 15-20 percent less likely to receive venture 
capital or business loans than white-owned firms.
    It should be clearly understood that the DBE program in 
ISTEA is not a quota program. The ten percent goal is a 
national target for DOT; state and local recipients of DOT 
funding set their own goals for DOT participation in 
construction projects based on the availability of 
disadvantaged businesses in their markets. There is never an 
absolute requirement that a particular goal be met.
    Contrary to arguments which have been made, there is no 
legal or constitutional reason to end or modify the DBE program 
at this time. The Adarand decision by the United States Supreme 
Court did not find that the DBE program was unconstitutional. 
Rather, Adarand merely heightened the standard under which 
federal affirmative action programs are to be reviewed. Under 
Adarand, affirmative action programs must satisfy a ``strict 
scrutiny standard'' requiring that the program be based on a 
``compelling government interest'' and ``narrowly tailored'' to 
serve that interest.
    To date, the only lower court to apply the strict scrutiny 
standard to DOT's DBE program found that Congress had a 
compelling interest in adopting the DBE program. The court 
found that numerous hearings, reports, studies and other 
information presented to Congress over the years provided a 
``strong basis in evidence'' to support Congress' determination 
that discriminatory barriers existed in federal contracting.
    However, this one district court judge also found that the 
statues supporting the DBE program are to be unconstitutional. 
DOT and the Justice Department disagree with the district court 
judge on this point for several reasons. Perhaps most 
importantly, the Supreme Court's opinion in Adarand did not 
examine the DBE program in any detail. The Court's opinion in 
Adarand addressed only DOT's subcontracting compensation 
program, not the ISTEA DBE program. The Supreme Court's remand 
in Adarand makes this clear--it states that the courts below 
were to determine only ``whether any of the ways in which the 
Government uses subcontractor compensation clauses can survive 
strict scrutiny.'' 515 U.S. at 238. Despite this clear 
indication of the scope of the Supreme Court's remand, the 
district court judge ruled the DBE program unconstitutional 
even though the ISTEA DBE programs in federal-aid to highways 
and transit do not use the subcontractor compensation clause 
and therefore the constitutionality of DBE program was not 
properly before the court. The Justice Department has argued on 
appeal to the Tenth Circuit that the district court improperly 
addressed the constitutionality of DBE program and, in any 
event, erroneously concluded that DBE program was 
unconstitutional.
    In addition, DOT has initiated rulemaking to address the 
concerns raised by the Court.
    DOT's rulemaking is designed to ensure that the DBE program 
remains narrowly tailored by fine tuning the annual goal 
setting process, expanding local flexibility and emphasizing 
race-neutral measures and good faith efforts waiver of 
contracts goals. Under the proposed rules, recipients of DOT 
funding would base their goals on a careful analysis of the 
availability of DBEs in their local market, ensuring that the 
goal closely matches the qualified pool of contractors. The 
program's flexibility will be enhanced by the expanded 
opportunities for recipients to apply for a waiver from part of 
all of the program requirements. Prime contractors will also 
benefit from the proposed rule's emphasis on good faith efforts 
waiver of contract goals, which will ensure that every 
primecontractor that makes a good faith effort to find qualified DBEs 
will be rewarded for that effort regardless of whether it meets the 
contract goal. Finally, the proposed rules place heavy emphasis on 
achieving as much of the goal as possible through race-neutral 
measures, such as outreach, technical assistance, and lending and 
bonding programs. Recipients would implement race and gender-conscious 
measures, like contract goals, only in cases where race-neutral means 
are insufficient to accomplish a truly level playing field.
    Thus, because the courts have not spoken definitively on 
this issue and because DOT is taking affirmative steps to 
address concerns, we believe it is premature at this time to 
make any drastic, possibly regrettable, changes in existing 
law. We should allow the judicial and administrative processes 
to be completed before changing a long-standing program which 
has given many small, disadvantaged businesses an opportunity 
to move into the mainstream of our economy.
    The DBE program is a laudable program and, for many of us, 
our support of ISTEA reauthorization is premised on its 
continuation without change.
                                   James L. Oberstar.
                                   Jim Clyburn.
                                   Robert Menendez.
                                   Elijah E. Cummings.
                                   Earl Blumenauer.
                                   Bob Filner.
                                   Corrine Brown.
                                   Juanita Millender-McDonald.
                                   Max Sandlin.
                                   Robert A. Borski.
                                   Bob Clement.
                                   Jerry F. Costello.
                                   Bob Wise, Jr.
                                   Eddie Bernice Johnson.
                                   Nick Rahall.
                                   Eleanor H. Norton.
                                   Nick Lampson.
                                   Bill Pascrell, Jr.
                                   Jerrold Nadler.
                                   Ellen Tauscher.
                                   Jim Barcia.
                                   Jim McGovern.
                                   Glenn Poshard.
                                   Frank Mascara.

                                
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