[Senate Report 106-226]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 425
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-226

======================================================================





 
                   SURFACE TRANSPORTATION ACT OF 1999

                                _______
                                

                January 7, 2000.--Ordered to be printed

 Filed, under authority of the order of the Senate of November 19, 1999

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1144]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1144) to provide increased flexibility in 
use of highway funding, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                    General Statement and Background

Transportation Equity Act for the 21st Century
    The Transportation Equity Act for the 21st Century (TEA-21) 
was signed into law on June 9, 1998. TEA-21 authorized a record 
amount of funding for surface transportation--almost $218 
billion for highways and transit programs over 6 years.
    In total, the funds provided in TEA-21 represent a 40 
percent increase in funding over the previous authorization for 
surface transportation programs provided by the Intermodal 
Surface Transportation Efficiency Act (ISTEA).
Surface Transportation Act of 1999
    The Surface Transportation Act of 1999 provides additional 
flexibility to States and localities in implementing the 
Federal transportation program and makes other improvements to 
transportation law. The bill does not affect the funding 
formula agreed to in TEA-21 or modify the overall level of 
funding for any program.
    Some of the provisions included in the bill were identified 
during committee oversight hearings on TEA-21. Several of the 
other provisions were identified as issues during Senate 
consideration of the fiscal year 2000 appropriations 
legislation for the Department of Transportation and related 
agencies.

                      Section-by-Section Analysis

Section 1. Short Title
    This section designates the title of the bill as the 
``Surface Transportation Act of 1999''.
Sec. 2. High Priority Project Flexibility

                                SUMMARY

    This section allows States the flexibility to advance High 
Priority Projects (i.e., those projects authorized as High 
Priority Projects by section 1601 of TEA-21) faster than is 
allowed by current law, which provides the funding for High 
Priority Projects spread over the six-year life of TEA-21. This 
provision would allow States to accelerate the construction of 
High Priority Projects by borrowing funds from other highway 
funding categories (e.g., Surface Transportation Program and 
National Highway System program funds).
    This subsection also eliminates paragraph (h) of Section 
117 of title 23, U.S.C.

                               DISCUSSION

    This flexibility provided by this section is important for 
States and localities who are ready to construct some of their 
High Priority Projects in the first few years of TEA-21, and 
without this provision, may need to defer completion until the 
later years of TEA-21.
    The removal of paragraph 117(h) is intended to remove any 
Federal guidance or direction on how a State should factor 
funding provided for High Priority Projects into a State's 
internal allocation process a State may choose to exclude or 
include such projects in such a process or formula.
Sec. 3. Funding Flexibility and High Speed Rail Corridors

                                SUMMARY

    This section gives States the option to use National 
Highway System, Congestion Mitigation and Air Quality program, 
and Surface Transportation Program funds to fund capital 
expenses associated with intercity passenger rail service, 
including high-speed rail service.
    Specifically, acquisition, construction, reconstruction, 
and rehabilitation of, and preventive maintenance for intercity 
passenger rail facilities and rolling stock are included as 
eligible activities. Such eligibility is made available to 
vehicles and facilities that are publicly or privately owned.
    Funds used for intercity rail projects shall be 
administered in accordance with subtitle V of title 49, except 
that the non-Federal share required of such projects will be 
consistent with the requirements of title 23.
    The term ``intercity passenger rail'' is clarified to 
remove any ambiguity as to whether transportation systems using 
magnetic levitation would be included in the eligibility 
changes made by this section.

                               DISCUSSION

    This section provides States and localities the flexibility 
to use TEA-21 funds for passenger rail projects. Currently, 
States are precluded from using their Federal transportation 
funding for rail, even when it is the preferred transportation 
solution for their region.
    For example, a State may wish to provide new or improved 
rail service in a transportation corridor rather than expanding 
a highway in a congested corridor. Another area may choose to 
use such flexibility to fund passenger rail service as part of 
a State or regional plan to improve air quality in Clean Air 
Act non-attainment areas or in the State overall. TEA-21's 
prohibition on funding passenger rail as an eligible activity 
precludes both of these options.
    The flexibility provided by this section is supported by 
the National Governors Association, the U.S. Conference of 
Mayors, the National League of Cities, the National Conference 
of State Legislatures, and many other organizations.
    Inclusion of passenger rail as an eligible use of TEA-21 
funds does not change any Federal transportation formulas, and 
does not mandate that a State spend any of its funds on rail 
service.
    This flexibility for passenger rail is similar to the 
flexibility allowed for States and localities to expend Federal 
funds for vehicles and facilities associated with intercity 
passenger bus service, whether publicly or privately owned.
Sec. 4. Historic Bridges

                                SUMMARY

    This section modifies current law to increase the amount of 
Federal funding that is eligible for the preservation of 
historic bridges.

                               DISCUSSION

    Current law restricts the use of Federal bridge program 
funds that a State may use to preserve a historic bridge that 
would be closed to motorized vehicular traffic to the cost of 
demolition of the bridge. This section would allow States to 
use bridge program funds up to an amount not to exceed 200 
percent of the cost of demolishing the historic bridge.
    When a State highway agency transfers ownership of a 
historic bridge to another State agency, locality, or 
responsible private entity, current law limits the amount of 
Federal-aid highway funds that can be used to the cost of 
demolition of the bridge. This section would increase the 
amount eligible to 200 percent of the cost of demolishing the 
historic bridge.
    This section also provides that, if a State, at its sole 
discretion, determines that a reasonable alternative to 
demolishing the bridge is to relocate it and use it for a 
pedestrian or bicycle bridge, the State may choose to use 
Federal funds up to an amount equal to the cost of erecting at 
the proposed site a bicycle or pedestrian bridge functionally 
equivalent to the historic bridge. This flexibility does not 
create an obligation on the State to fund preservation or 
relocation of a historic bridge.
    The section also repeals the prohibition on the use of 
Federal-aid highway funds in the future for projects associated 
with such bridges after the bridge has been donated.
Sec. 5. Accounting Simplification

                                SUMMARY

    This section modifies the distribution of the obligation 
limitation for Federal-aid highways to increase State 
flexibility and to simplify accounting for Federal-aid highway 
funds for the States.

                               DISCUSSION

    Currently, a very small amount of the obligation authority 
directed to the minimum guarantee program is made available for 
a one-year period, and if not used, such authority will expire. 
In contrast, the overwhelming majority of the same authority is 
made available for a multi-year period, allowing the States 
more flexibility as to the timing of the use of such authority.
    This section would make all obligation authority for the 
minimum guarantee program available as multi-year funding.
Sec. 6. Commercial Motor Vehicle Registration Information Clearinghouse

                                SUMMARY

    The 48 contiguous U.S. States, the District of Columbia, 
and three Canadian Provinces, Alberta, British Columbia, and 
Saskatchewan, currently share commercial motor vehicle 
registration information through the International Registration 
Plan (IRP). The IRP, Inc. currently administers and operates a 
clearinghouse which shares such information electronically. 
This section would facilitate the further development of this 
information clearinghouse for the exchange of commercial motor 
vehicle registration information among the IRP member 
jurisdictions.
    This section would allocate $2 million annually for fiscal 
years 2000-2002 from funds made available from the Commercial 
Vehicle Intelligent Transportation System Infrastructure 
Development program for the development of the electronic 
clearinghouse.
    Additional funds are authorized to assist States with 
State-specific expenses necessary to use the clearinghouse and 
to adapt State-specific processes and databases for electronic 
registration. Individual States receiving State-specific 
assistance under this section must enter into an agreement with 
the Secretary to provide commercial motor vehicle registration 
information to the Department of Treasury that will be used to 
improve taxpayer compliance with the Federal Heavy Vehicle Use 
Tax, deposited into the Highway Trust Fund.
    This section also directs the Secretary to work with 
representatives of the governments of Canada and Mexico to 
encourage their participation in the electronic clearinghouse.

                               DISCUSSION

    The International Registration Plan is a registration 
reciprocity agreement among jurisdictions in the United States 
and Canada, which provides for payment of license fees on the 
basis of commercial motor vehicle fleet miles operated in 
various jurisdictions.
    Currently, member jurisdictions of the IRP exchange fee 
information manually, requiring each jurisdiction to produce, 
track, and store vast number of paper records. The IRP 
electronic clearinghouse streamlines this information exchange 
process by enabling jurisdictions to electronically exchange 
motor carrier and fee information between jurisdictions. The 
clearinghouse will also establish an electronic remittance 
netting functions with concurrent Electronic Funds Transfer 
(EFT) capabilities through a central bank. The system will 
track and report on all amounts due to/from a base jurisdiction 
(including all foreign jurisdictions).
    This section provides financial incentives to encourage 
States to send interstate and intrastate commercial motor 
vehicle registration information to the Secretary of Treasury. 
There is no requirement of any jurisdiction that chooses to 
send interstate or intrastate registration information to the 
Secretary of Treasury to use the IRP clearinghouse to transmit 
such data.
    In addition, this section does not require the IRP 
clearinghouse to store intrastate registration information, 
since the purpose of the IRP is to facilitate the exchange of 
interstate registration information. However, a State may 
choose to use the clearinghouse to transmit this information to 
the Secretary of Treasury, if it is determined that the 
clearinghouse is an efficient means of collecting and 
transmitting this information for an individual State.
Sec. 7. Transfer Flexibility for Multi State Projects

                                SUMMARY

    This section allows a State to request a transfer of its 
apportioned funds to another State or to the Federal Highway 
Administration.

                               DISCUSSION

    A transfer would simplify the process for administering a 
project which is jointly funded by two or more States, or in 
the case of a State which is participating in the funding of a 
project located in another State.
    The funds may also be transferred to the Federal Highway 
Administration which would simplify the process for funding 
research activities financed by two or more States or by 
providing funds to another Federal agency to administer the 
projects as requested by the States.
Sec. 8. Noise Barriers

                                SUMMARY

    This section repeals a current restriction on a State's 
ability to voluntarily use its funds for noise barriers along 
highway facilities.

                               DISCUSSION

    Current law restricts the eligibility of noise barriers 
when a highway preceded the development of surrounding housing 
or commercial development. Current law does not allow a State 
to take into account changed circumstances, such as, increased 
traffic loads or increased truck traffic that may have 
significantly changed the level and pattern of noise caused by 
the highway. This modification would not mandate that a State 
place noise barriers in any particular situation, but would 
allow a State to make those decisions based on individual 
circumstances.
Sec. 9. Transportation and Emergency Communications

                                SUMMARY

    The purpose of this section is to facilitate the deployment 
of integrated emergency response and transportation systems. 
This section authorizes the U.S. DOT to expand its research on 
crash notification technologies and directs that a portion of 
the Intelligent Transportation System Integration Program is 
made available to States to plan the deployment of integrated 
emergency and transportation communications systems.
            Automatic Crash Notification Research
    Under this section, the Secretary of Transportation is 
directed to develop a program to fund investments in research 
and development of: (1) an automatic crash notification system 
that, in the case of a motor vehicle crash, would automatically 
transmit crash information to emergency personnel and (2) an 
interface in motor vehicles that permits all models of wireless 
telephones to transmit crash data and to be voice-activated, 
allowing hands-free use.
    The Secretary is required to consult with the public safety 
and medical communities, the wireless industry, and the motor 
vehicle manufacturing industry in planning these investments. 
The section provides that the trauma centers that are selected 
to assist with this research shall be geographically diverse 
and be representative of the population characteristics of the 
country. The research effort on automatic crash notification 
shall be conducted within the Intelligent Transportation 
Systems Research and Development Program of TEA-21.
            Support for State Deployment
    The Secretary is directed to encourage and support efforts 
by States to deploy comprehensive emergency communications 
infrastructure and programs, based on coordinated statewide 
integration plans, including the coordination and integration 
of emergency communications with traffic control and management 
systems.
    This section provides multi-year grants to the States to 
create a statewide planning task force to develop integrated 
State deployment plans. The statewide planning task force shall 
include representatives of: public safety, fire service, 
transportation, and law enforcement officials; emergency 
medical service providers, emergency dispatch providers; the 
emergency services database management industry; wireless 
carriers; automobile manufacturers; the intelligent 
transportation systems industry, highway safety officials; and 
the public.
    Grants will be distributed for each of the fiscal years 
2001 to 2003. At the discretion of States, funds may be used 
for planning, intelligent transportation system software or 
equipment components of the communications system. States may 
join together in grant applications. Five million is reserved 
annually for these State deployment grants from funds 
authorized for the Intelligent Transportation Systems 
Integration System Program of TEA-21.

                               DISCUSSION

    Improving the response time and quality of emergency 
response personnel to motor vehicle crashes can reduce 
fatalities and lifelong injuries. Effectively linking advanced 
medical treatment systems, advanced communications 
technologies, thousands of 9-1-1 dispatch centers, and advanced 
traffic control and information technology can shorten the 
amount of time for emergency response personnel to reach the 
scene of an accident, provide emergency dispatchers with better 
information as to the level of emergency response resources 
required for a given accident, and decrease the amount of time 
for the critically injured to be transported to advanced trauma 
care facilities.
    Efforts focused on achieving near term benefits should be 
concentrated on the coordination and integration of existing 
technology such as wireless communications technology and 
location-technology for wireless phones. In too many situations 
today, emergency dispatchers do not know the location of a 
wireless phone user that has dialed 9-1-1 for help. A caller 
unfamiliar with an area may not be able to accurately describe 
his/her location so that help can be dispatched quickly and 
accurately to the scene. Location-technology for wireless 
phones that allows an emergency dispatcher to pinpoint the 
location of a wireless call similar to the result when 
emergency dispatchers pinpoint the location of an emergency 
call from a home or office can fill this critical gap. The 
technologies are available, but leadership is needed at the 
State and local level to coordinate planning efforts and 
encourage its deployment. The way to more rapidly deploy 
wireless 9-1-1 service, given the large size of wireless 
carriers' service areas, is for State leaders to bring together 
all of the relevant parties and discuss the development of 
coordinated plans, deployment funding, and other related 
issues.
    Rapid deployment of these technologies is most likely to 
come if it serves multiple governmental and commercial 
purposes. The very nature of integrated systems that this 
legislation seeks to encourage is that they can serve 
emergency, traffic management, and vehicle management purposes. 
Traffic managers and emergency dispatch providers can each 
perform their functions better if they have--available in real 
time--detailed information about the other's area of 
responsibility.
    Research efforts for improved emergency response that are 
focused on the longer term need to be directed to technologies 
that can provide dispatchers and emergency personnel even 
higher quality information that can further cut back on 
response time and improve the quality of the response to an 
emergency situation. This should include research on automatic 
crash notification (ACN) technologies that can provide such 
critical life saving information as the precise location of a 
crash, the point of impact, the speed of the car, whether 
airbags had deployed or whether seatbelts had been used. This 
information can be analyzed by trauma experts to determine the 
appropriate level of care and emergency response required. Such 
technology can also allow crash victims to speak, if able, with 
emergency personnel as they travel to the scene of a crash, 
possibly providing lifesaving or injury-preventing information 
to victims while en route to the crash scene.
    The Department of Transportation has undertaken limited ACN 
research. Its effects, however, to date have been limited to a 
small field test with several hundred vehicles. This bill 
encourages ACN to be a higher research priority. A broader 
research effort is necessary and should include tests in 
several geographic areas with more vehicles.
    Automobile companies are already providing ``mayday'' 
systems that provide automatic notification of an airbag 
deployment. The bill encourages research on more sophisticated 
systems which can, through the provision of more data on the 
crash, predict the likelihood and nature of injuries. The 
latter is only possible after extensive field testing, which 
the legislation encourages. The automobile industry is already 
installing and linking advanced sensor technology and internal 
communications systems in vehicles today which will enable 
automatic crash notification capabilities.
    For both major crashes, involving serious injuries, and 
more minor crashes, improved response time by police, fire, and 
other public safety personnel can also have significant 
transportation benefits by reducing the amount of time that 
such accidents are in the roadway, blocking traffic, and 
thereby resulting in significant traffic congestion. A crash 
blocking one or two lanes on a major thoroughfare can reduce 
capacity on such facilities by 25-50% depending on the number 
of lanes that are eliminated from use. Improved incident 
management that would be facilitated by improving the response 
time of safety personnel can help significantly reduce 
congestion facing many States and metropolitan areas.
    By providing information about potential crashes or 
incidents to traffic control personnel, such information can 
provide an opportunity for transportation and traffic-related 
personnel to immediately take actions to adjust the 
transportation system to this incident. This can include 
options such as: immediately rerouting traffic around an 
accident scene before the backup of traffic reaches a gridlock 
situation or causes a secondary accident, adjusting the timing 
of traffic control equipment such as traffic signals and on-
ramp metering to improve traffic flow, and providing an 
opportunity for transportation officials to communicate such 
information to drivers in time to avoid the situation. Too 
often drivers receive information about a traffic problem after 
they are already in the middle of it and/or have no opportunity 
to make adjustments to avoid such a traffic problem.
    In addition, some of the technologies that provide wireless 
9-1-1 capabilities can also provide real time traffic data that 
can supplement traffic monitoring devices embedded in the 
pavement or alongside the roadway giving more detailed data for 
traffic management purposes. Exploring such options is another 
important reason for integrated State planning.
Sec. 10. Railroad Highway Grade Crossings

                                SUMMARY

    This section would require the Secretary to issue a 
rulemaking that would modify the Manual on Uniform Traffic 
Control Devices for Streets and Highways to include additional 
signage for so-called passive crossings (i.e., those crossings 
that are not protected with automatic protection such as gates 
and signals).

                               DISCUSSION

    According to a 1998 study by the National Transportation 
Safety Board, entitled, ``Safety at Passive Grade Crossings,'' 
there were more than 4,000 accidents in 1996 that involved 
highway vehicles at grade crossings with more than half of 
those occurring at passive grade crossings. The same study 
found that about 60 percent of the fatalities from all grade 
crossing accidents in 1996 (247 of 415 fatalities) were at 
passive grade crossings. Although some of these passive 
crossings do include signs that distinguish these crossings as 
passive crossings (i.e., without automatic warning systems), 
the overwhelming majority do not.
    Current railroad crossing sign requirements do not 
distinguish between signs required at passive crossings and 
crossings with automatic protection or warnings (such as gates) 
even though the responsibilities of the driver to check for an 
oncoming train are dramatically different under these two 
situations.
    The signage required by this section should alert drivers 
that there is not an automatic warning at a crossing and that 
the driver is responsible for checking for an oncoming train 
rather than relying on the automatic gate or signal for whether 
it is safe to cross.
    It is expected that the signage required by this section 
may be accomplished through the use of traditional highway 
yield or stop signs, or through the development and use of a 
new sign design, although the design and use of any such signs 
must be distinguishable from signs at a highway-rail grade 
crossing with automatic warning devices.
    The installation of signs at highway-rail grade crossings 
to meet the requirements of this section shall be scheduled or 
phased-in over a suitable period of time which shall be 
specified in the regulations promulgated by the Secretary of 
Transportation under this section.
Sec. 11. Transportation and Community and System Preservation (TCSP) 
        Pilot Program

                                SUMMARY

    This section modifies the TCSP program to require that not 
less than 50 percent of the funds made available for this 
program be reserved for planning purposes. This section also 
reiterates that all projects funded by this program must have 
applied for the program by the deadline specified by the 
Secretary and must meet the criteria for funding under this 
section.

                               DISCUSSION

    The 50 percent minimum requirement added by this section is 
designed to ensure that planning is a key component of this 
program. The remainder of the funding available in any year 
will be available for model deployments that meet the goals of 
this program.
    The other provisions of this section are intended to ensure 
that only projects that meet the goals of this program and have 
applied by the deadline specified by the Secretary are funded 
under this program.
    According to the Federal Highway Administration, the TCSP 
program is one of the most competitive discretionary grant 
programs. In fiscal years 1999 and 2000, the program received 
funding requests for 816 projects from 48 States and the 
District of Columbia totaling over $545 million. TEA-21 
authorized the TCSP program for $20 million in fiscal year 
1999, and $25 million for each fiscal year 2000 to 2003.
Sec. 12. Technical Corrections and Clarifications

                                SUMMARY

    Subsection (a) allows any unused loan limitation for the 
credit program authorized in subchapter II of title 23 to be 
carried forward and be available in future years. To facilitate 
administration of credit programs administered by the staff of 
the Federal Highway Administration, the administrative 
deduction for this program is expanded to fund administration 
of similar, but pre-existing Federal highway credit programs.
    Subsection (b) makes technical changes to section 322 of 
title 23 (Maglev Deployment Program). This includes striking 
unnecessary language and allowing Maglev funds authorized for 
this section to pay for program administrative costs.
    Subsection (c) splits the Intelligent Transportation System 
Development authorization into two separate programs rather 
than one program with minimum spending requirements. This will 
improve the focus of the separate purposes of these programs.
    Subsection (d) allows funding authorized for the value 
pricing program to be used for administrative expenses and to 
support the Commuter Choice initiative included in Section 1072 
of the Taxpayer Relief Act of 1997 and Section 9010 of TEA-21. 
The Commuter Choice initiative allows employers to offer tax-
free commuting benefits such as transit passes and vanpools 
which are intended to provide a financial incentive to 
employees to avoid driving in single-occupant vehicles during 
peak driving periods such as the morning rush hour.
    Subsection (e) would replace the term ``apportion'' with 
the term ``allocate'' in two places in section 163 of title 23 
(the .08 BAC incentive grant program). This will make the 
operation of this program consistent with similar safety grant 
incentive programs in title 23 and facilitate administration of 
this program.

                                Hearings

    The bill was introduced by Senator Voinovich on May 27, 
1999. No hearings were held on the introduced bill, although 
issues included in the bill were discussed during general 
oversight hearings held by the Subcommittee on Transportation 
and Infrastructure.
    The first TEA-21 oversight hearing was held on April 15, 
1999 to review the Department of Transportation's 
implementation of the Transportation Equity Act for the 21st 
century, receiving testimony from Kenneth R. Wykle, 
Administrator, Federal Highway Administration; Gordon J. 
Linton, Administrator, Federal Transit Administration; Ricardo 
Martinez, Administrator, National Highway Traffic Safety 
Administration; Missouri State Representative Joan Bray, St. 
Louis, Missouri, on behalf of the National Conference of State 
Legislatures; Jean Jacobson, Racine County, Wisconsin, on 
behalf of the National Association of Counties; Mayor Kenneth 
L. Barr, Fort Worth, TX, on behalf of the U.S. Conference of 
Mayors; Mayor Robert T. Bartlett, Monrovia, CA, on behalf of 
the National League of Cities; Taylor R. Bowlden, American 
Highway Users Alliance; and Roy Kienitz, Surface Transportation 
Policy Project.
    The second hearing held on April 29, 1999, also reviewed 
the Department of Transportation's implementation of the 
Transportation Equity Act for the 21st century, receiving 
testimony from Delaware Governor Thomas R. Carper, Dover, on 
behalf of the National Governors' Association; Charles 
Thompson, Wisconsin Department of Transportation, Madison, on 
behalf of the American Association of State Highway and 
Transportation Officials; Brian A. Mills, Cass County, 
Missouri, on behalf of the Association of Metropolitan Planning 
Organizations; Jerry W. Alb, Washington State Department of 
Transportation, Olympia; Tim Stowe, Anderson and Associates, 
Inc., Blacksburg, Virginia, on behalf of the American 
Consulting Engineers Council; Roy Kienitz, Surface 
Transportation Policy Project; Brian R. Holmes, Connecticut 
Road Builders Association, Wethersfield, on behalf of the 
American Road and Transportation Builders Association; and 
Mitch Leslie, Montana Contractors' Association, Billings, on 
behalf of the Associated General Contractors.
    The third hearing held on June 9, 1999, reviewed the 
project delivery and streamlining provisions of the 
Transportation Equity Act for the 21st Century, receiving 
testimony from George T. Frampton, Jr., Acting Chairman, 
Council on Environmental Quality; and Eugene A. Conti, Jr., 
Assistant Secretary of Transportation for Transportation 
Policy.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during the 
committee's consideration of a bill be noted in the report.
    The committee met to consider S. 1144 on September 29, 
1999, and conducted the following votes. An amendment offered 
by Senators Baucus and Voinovich to strike bill language 
relative to the State Infrastructure Bank Program was agreed to 
by voice vote. A manager's amendment offered by Senator Chafee 
was agreed to by voice vote. An amendment offered by Senator 
Bond to strike bill language on funding flexibility and high 
speed rail corridors was rejected by 6 ayes to 12 nays. Voting 
in favor were Senators Bennett, Baucus, Bond, Inhofe, Smith, 
and Thomas. Voting against were Senators Boxer, Chafee, Crapo, 
Graham, Hutchison, Lautenberg, Lieberman, Moynihan, Reid, 
Voinovich, Warner, and Wyden. The bill was ordered reported, as 
amended, by voice vote.

                           Regulatory Impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
regulatory impact of the reported bill is expected to be 
minimal. This bill will not have any effect on the personal 
privacy of individuals.
    S. 1144 would require the Secretary to issue a rulemaking 
that would modify the Manual on Uniform Traffic Control Devices 
for Streets and Highways to include additional signage for so-
called passive highway-rail crossings (i.e., those crossings 
that are not protected with automatic protection such as gates 
and signals). The installation of signs at highway-rail grade 
crossings to meet the requirements of this section shall be 
scheduled or phased-in over a suitable period of time which 
shall be specified in the regulations promulgated by the 
Secretary of Transportation.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 1144 imposes no Federal intergovernmental unfunded 
mandates on State, local, or tribal governments. In general, 
the bill would provide State and local governments more 
flexibility in their use of Federal transportation funds. S. 
1144 would change the standard design for railroad highway 
grade crossings, but any cost imposed on State and local 
government would be a condition of receiving grant funds. All 
of the bill's governmental directives are imposed on Federal 
agencies. In addition, this bill does not impose any Federal 
private sector mandates. Finally, the reported bill will have 
no discernable effect on the competitive balance between the 
public and private sectors.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires that a statement of the cost of a reported bill, 
prepared by the Congressional Budget Office, be included in the 
report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 18, 1999.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has prepared the enclosed cost estimate for S. 1144, the 
Surface Transportation Act of 1999.
    If you wish farther details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are James 
O'Keeffe (for Federal costs), who can be reached at 226-2860, 
and Lisa Cash Driskill (for the State and local impact), who 
can be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1144, Surface Transportation Act of 1999, as ordered reported by the 
        Senate Committee on Environment and Public Works on September 
        29, 1999
Summary
    The Surface Transportation Act of 1999 would make a number 
of changes to the Federal-Aid Highways program to allow States 
greater flexibility in how they use certain funds. The bill 
would extend the time period that some of the minimum guarantee 
program funds would remain available for obligation. S. 1144 
also would decrease contract authority (a mandatory form of 
budget authority) for certain research and deployment programs 
by approximately $6 million over the 2000-2004 period. CBO 
estimates that implementing S. 1144 would result in 
discretionary savings of $71 million over the 2001-2004 period, 
assuming appropriation of amounts specified in the 
Transportation Equity Act of the 21st Century (TEA-21, Public 
Law 105-178) for Federal-Aid Highways. This savings would be 
offset by an equivalent amount of additional spending in 2005 
and later years.
    Because S. 1144 would affect both direct spending and 
receipts, pay-as-you-go procedures would apply. CBO estimates 
S. 1144 would delay the obligation and spending of some of the 
funds already made available in the Department of 
Transportation appropriation act for 2000 (Public Law 106-69). 
We estimate that the delay would reduce outlays by $34 million 
over the 2000-2001 period, but increase outlays by $34 million 
over the 2002-2007 period. In addition, the Joint Committee on 
Taxation (JCT) expects that enacting S. 1144 could result in 
greater enforcement of the heavy vehicle use tax by the 
Internal Revenue Service (IRS), but that any revenue effect 
would be negligible in each year and have no significant impact 
over 10 years.
    S. 1144 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by State, local, or tribal governments would 
result from complying with conditions of receiving Federal aid.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 1144 is shown in the 
following table. The costs of this legislation fall within 
budget function 400 (transportation).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                     CHANGE IN DIRECT SPENDING
Budget Authority...................................................       -3       -2       -1        0        0
Estimated Outlays..................................................      -17      -17       10       12        7
                 SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
    Authorization Level............................................        0        0        0        0        0
    Estimated Outlaysa.............................................   24,884   26,700   26,994   27,550   20,346

Proposed Changes:
    Authorization Level............................................        0        0        0        0        0
    Estimated Outlays..............................................        0      -17      -34      -25        5

Total Spending Under S. 1144:
    Authorization Level............................................        0        0        0        0        0
    Estimated Outlaysa.............................................   24,884   26,683   26,960   27,525   20,351
                        CHANGES IN REVENUES
Estimated Revenuesb................................................        c        c        c        c        c
----------------------------------------------------------------------------------------------------------------
a Outlay estimates are based on the obligation limitations set in Public Law 106-69 for 2000, and specified in
  TEA-21 for 2001 through 2003. (The budget authority for such spending was provided as contract authority in
  TEA-21, but the outlays are controlled by obligation limitations contained in annual appropriation acts.)
b Revenue estimate provided by the Joint Committee on Taxation.
c Less than $500,000.

Basis of Estimate
    For purposes of this estimate, CBO assumes that S. 1144 
would be enacted early in fiscal year 2000 and amounts 
authorized in TEA-21 would be appropriated for each fiscal 
year.
    Estimates are based on historical rates of spending for 
Federal-Aid Highways.
            Delay in Obligations of Highway Spending
    S. 1144 would extend the period of time that some of the 
minimum guarantee program's funds would be available for 
obligation. CBO expects that implementing this bill would shift 
some obligations to later years but would have no net budgetary 
impact over the 2000-2010 period. This provision would result 
in changes to both direct and discretionary spending. Because 
the change in the timing of obligations would affect some of 
the funds already appropriated for 2000, pay-as-you-go 
procedures would apply. CBO estimates this provision would 
reduce spending from funds appropriated in 2000 by $17 million 
in each of fiscal years 2000 and 2001. This direct spending 
savings would be offset by an equivalent amount of spending 
over the 2002-2007 period.
    The bill's provision regarding obligation of minimum 
guarantee funds would have an effect on the funds for future 
years as well. CBO estimates that implementing this bill would 
decrease Federal discretionary expenditures by $71 million over 
the 2001-2004 period, relative to the operation of the program 
under current law. These near-term savings would be offset by 
equivalent increases in expenditures as the funds are obligated 
and spent in 2005 and subsequent years.
            Contract Authority
    Enacting S. 1144 would decrease contract authority, a 
mandatory form of budget authority, by approximately $6 million 
over the 2000-2003 period. Because spending of this contract 
authority is governed by annual obligation limitations in 
appropriation acts, any change in outlays from this provision 
would be discretionary. CBO estimates there would be no change 
in outlays due to this provision because it would not amend the 
obligation limitations established in Public Law 106-69 and 
TEA-21.
            Revenues
    JCT assumes that any additional information concerning 
interstate commercial motor vehicle registrations provided to 
the IRS because of the provisions in this bill would not 
necessarily result in greater collections of the Federal heavy 
vehicle use tax. JCT estimates that any such changes would be 
negligible over 10 years and negligible in each year.
Pay-As-You-Go Considerations
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. CBO's estimate of the bill's impact on 
outlays from direct spending is summarized in the following 
table. In addition, the Joint Committee on Taxation estimates 
that enacting S. 1144 would have a negligible effect on 
revenues. For the purposes of enforcing pay-as-you-go 
procedures, only the effects in the budget year and the 
succeeding four years are counted. Also, only direct spending 
outlays are subject to pay-as-you-go requirements; the 
discretionary outlays from contract authority subject to 
obligation limitations are not included as pay-as-you-go 
effects because those outlays are controlled by appropriation 
acts.


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                   2000    2001    2002    2003    2004    2005    2006    2007    2008    2009
----------------------------------------------------------------------------------------------------------------
Changes in outlays..............     -17     -17      10      12       7       3       1       1       0       0
Changes in receipts.............       0       0       0       0       0       0       0       0       0       0
----------------------------------------------------------------------------------------------------------------

Estimated Impact on State, Local, and Tribal Governments
    S. 1144 contains no intergovernmental mandates as defined 
in UMRA. Overall, it would provide State and local governments 
more flexibility in their use of Federal transportation funds. 
In addition, it would earmark a small amount of previously 
authorized funds for emergency planning grants and grants to 
States that participate in a national network of information on 
commercial motor vehicle registration. S. 1144 also would 
change the standard design for railroad highway grade 
crossings, but any cost imposed on State and local governments 
by this change would be a condition of receiving grant funds.
Estimated Impact on the Private Sector
    This bill contains no new private-sector mandates as 
defined in UMRA.

Estimate prepared by: Federal Costs: James O'Keeffe (226-2860); 
Impact on State, Local, and Tribal Governments: Lisa Cash 
Driskill (225-3220).

Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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

                                HIGHWAYS

           *       *       *       *       *       *       *


Sec. 103. Federal-aid systems

    (a) In General.--For the purposes of this title, the 
Federal-aid systems are the Interstate System and the National 
Highway System.
    (b) National Highway System.--
            (1) Description.-- * * *

           *       *       *       *       *       *       *

            (6) Eligible projects for nhs.--Subject to approval 
        by the Secretary, funds apportioned to a State under 
        section 104(b)(1) for the National Highway System may 
        be obligated for any of the following:
                    (A) * * *

           *       *       *       *       *       *       *

                    (Q) Acquisition, construction, 
                reconstruction, and rehabilitation of, and 
                preventative maintenance for, intercity rail 
                passenger facilities and rolling stock 
                (including passenger facilities and rolling 
                stock for transportation systems using magnetic 
                levitation).

           *       *       *       *       *       *       *


Sec. 104. Apportionment

    (a) Administrative Expenses.--

           *       *       *       *       *       *       *

    (k) Transfer of Highway and Transit Funds.--
            (1) Transfer of highway funds.--Funds made 
        available under this title and transferred for transit 
        projects of a type described in section 133(b)(2) shall 
        be administered by the Secretary in accordance with 
        chapter 53 of title 49, except that the provisions of 
        this title relating to the non-Federal share shall 
        apply to the transferred funds.
            (2) Transfer of transit funds.--Funds made 
        available under chapter 53 of title 49 and transferred 
        for highway projects shall be administered by the 
        Secretary in accordance with this title, except that 
        the provisions of such chapter relating to the non-
        Federal share shall apply to the transferred funds.
            (3) Transfer to amtrak and other publicly-owned 
        intercity passenger rail lines.--Funds made available 
        under this title and transferred to the National 
        Railroad Passenger Corporation or to any other 
        publicly-owned intercity passenger rail line (including 
        any rail line for a transportation system using 
        magnetic levitation) shall be administered by the 
        Secretary in accordance with subtitle V of title 49, 
        except that the provisions of this title relating to 
        the non-Federal share shall apply to the transferred 
        funds.
            [(3)](4) Transfer of obligation authority.--
        Obligation authority provided for projects described in 
        [paragraphs (1) and (2)] paragraphs (1) through (3) 
        shall be transferred in the same manner and amount as 
        the funds for the projects are transferred.

           *       *       *       *       *       *       *


Sec. 110. Uniform transferability of Federal-aid highway funds \1\

    (a) General Rule.-- * * *
---------------------------------------------------------------------------
    \1\ So in law. This section 110, relating to uniform 
transferability, was added after section 109 by section 1310(a) of the 
Transportation Equity Act for the 21st Century (P.L. 105-178; 112 Stat. 
234). Section 1105(a) of such Act (112 Stat. 130) repealed section 110 
and inserted a new section 110, relating to revenue aligned budget 
authority.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (d) Multistate Projects.--
            (1) In general.--Notwithstanding any other 
        provision of this section, at the request of a State, 
        the Secretary may transfer apportioned funds and 
        obligation authority from funds made available to the 
        State to another State or to the Federal Highway 
        Administration for the purpose of funding 1 or more 
        specific projects.
            (2) Use of funds.--The funds transferred shall be 
        used for the same purpose and in the same manner as 
        that for which the funds were authorized.
            (3) No effect on apportionments.--A transfer under 
        paragraph (1) shall have no effect on any apportionment 
        formula used to distribute funds to the States under 
        section 104, 105, or 144.
            (4) Concurrence by metropolitan planning 
        organizations.--Funds that are apportioned to a State 
        under section 104(b)(3) and required under section 
        133(d)(3) to be obligated in an urbanized area of a 
        State with a population of over 200,000 individuals may 
        be transferred under this subsection only if the 
        metropolitan planning organization designated for the 
        area concurs, in writing, with the transfer request.

           *       *       *       *       *       *       *


Sec. 117. High priority projects program

    (a) Authorization of High Priority Projects.-- * * *

           *       *       *       *       *       *       *

    [(h) Treatment.--Funds allocated to a State in accordance 
with this section shall be treated as amounts in addition to 
the amounts a State is apportioned under sections 104, 105, and 
144 for programmatic purposes.]
    (h) Use of Other Funds.--
            (1) In general.--
                    (A) Projects eligible for apportioned 
                funds.--A State may use for a project under 
                this section any funds apportioned under this 
                title for which the project is eligible.
                    (B) Projects not eligible for apportioned 
                funds.--If a project under this section is not 
                eligible for funds apportioned under this 
                title, a State may use for the project funds 
                apportioned to the State under section 
                104(b)(3), other than funds set aside or 
                suballocated under section 133(d).
            (2) Reimbursement.--Apportioned funds used under 
        paragraph (1) shall be reimbursed from amounts 
        allocated for the project under this section in an 
        amount equal to the amount used under paragraph (1), 
        but not to exceed the total of the amounts allocated 
        for the project under this section.

           *       *       *       *       *       *       *


Sec. 133. Surface transportation program

    (a) Establishment.--The Secretary shall establish 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) * * *

           *       *       *       *       *       *       *

            (12) Capital costs for vehicles and facilities, 
        whether publicly or privately owned, that are used to 
        provide intercity passenger service by rail (including 
        vehicles and facilities that are used to provide 
        transportation systems using magnetic levitation).

           *       *       *       *       *       *       *


Sec. 144. Highway bridge replacement and rehabilitation program

    (a) * * *

           *       *       *       *       *       *       *

    (o) Historic Bridge Program.--
            (1) Coordination.--The Secretary shall, in 
        cooperation with the States, implement the programs 
        described in this section in a manner that encourages 
        the inventory, retention, rehabilitation, adaptive 
        reuse, and future study of historic bridges.
            (2) State inventory.--The Secretary shall require 
        each State to complete an inventory of all bridges on 
        and off the Federal-aid system to determine their 
        historic significance.
            (3) Eligibility.--Reasonable costs associated with 
        actions to preserve, or reduce the impact of a project 
        under this chapter on, the historic integrity of 
        historic bridges shall be eligible as reimbursable 
        project costs under this title (including this section) 
        if the load capacity and safety features of the bridge 
        are adequate to serve the intended use for the life of 
        the bridge; except that in the case of a bridge which 
        is no longer used for motorized vehicular traffic, the 
        costs eligible as reimbursable project costs pursuant 
        to this subsection shall not exceed 200 percent of the 
        estimated cost of demolition of such bridge.
            (4) Preservation.--Any State which proposes to 
        demolish a historic bridge for a replacement project 
        with funds made available to carry out this section 
        shall first make the bridge available for donation to a 
        State, locality, or responsible private entity if such 
        State, locality, or responsible entity enters into an 
        agreement to--
                    (A) maintain the bridge and the features 
                that give it its historic significance; and
                    (B) assume all future legal and financial 
                responsibility for the bridge, which may 
                include an agreement to hold the State highway 
                agency harmless in any liability action.
        Costs incurred by the State to preserve the historic 
        bridge, including funds made available to the State, 
        locality, or private entity to enable it to accept the 
        bridge, shall be eligible as reimbursable project costs 
        under this chapter up to an amount not to exceed 200 
        percent of the cost of demolition. [Any bridge 
        preserved pursuant to this paragraph shall thereafter 
        not be eligible for any other funds authorized pursuant 
        to this title.] If a State determines that the 
        relocation of a historic bridge is a reasonable 
        alternative, the eligible reimbursable project costs 
        shall be equal to the greater of the Federal share that 
        would be available for the construction of a new 
        bicycle or pedestrian bridge or 200 percent of the cost 
        of demolition of the historic bridge.

           *       *       *       *       *       *       *


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 is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, 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 clause (xvi) of such section), that the 
        project or program is likely to contribute to--
                            (i) the attainment of a national 
                        ambient air quality standard; or
                            (ii) the maintenance of a national 
                        ambient air quality standard in a 
                        maintenance area; or
            (B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section;
            (2) if the project or program is included in a 
        State implementation plan that has been approved 
        pursuant to the Clean Air Act and the project will have 
        air quality benefits;
            (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;
            (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; 
        [or]
            (5) if the program or project improves traffic 
        flow, including projects to improve signalization, 
        construct high occupancy vehicle lanes, improve 
        intersections, and implement intelligent transportation 
        system strategies and such other projects that are 
        eligible for assistance under this section on the day 
        before the date of enactment of this paragraph[.]; or
            (6) if the project or program will have air quality 
        benefits through acquisition, construction, 
        reconstruction, and rehabilitation of, and preventative 
        maintenance for, intercity rail passenger facilities 
        and rolling stock (including passenger facilities and 
        rolling stock for transportation systems using magnetic 
        levitation).
No funds may be provided under this section for a project which 
will result in the construction of new capacity available to 
single occupant vehicles unless the project consists of a high 
occupancy vehicle facility available to single occupant 
vehicles only at other than peak travel times. In areas of a 
State which are nonattainment for ozone or carbon monoxide, or 
both, and for PM-10 resulting from transportation activities, 
the State may obligate such funds for any project or program 
under paragraph (1) or (2) without regard to any limitation of 
the Department of Transportation relating to the type of 
ambient air quality standard such project or program addresses.

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


Sec. 188. Funding

    (a) Funding.--
            (1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this 
        subchapter--
                    (A) $80,000,000 for fiscal year 1999;
                    (B) $90,000,000 for fiscal year 2000;
                    (C) $110,000,000 for fiscal year 2001;
                    (D) $120,000,000 for fiscal year 2002; and
                    (E) $130,000,000 for fiscal year 2003.
            [(2) Administrative costs.--From funds made 
        available under paragraph (1), the Secretary may use, 
        for the administration of this subchapter, not more 
        than $2,000,000 for each of fiscal years 1999 through 
        2003.]
            (2) Administrative costs.--From funds made 
        available under paragraph (1), the Secretary may use 
        not more than $2,000,000 for each of fiscal years 2000 
        through 2003 for the administration of--
                    (A) this subchapter;
                    (B) section 339 of Public Law 102-388 (106 
                Stat. 1552);
                    (C) section 336 of Public Law 103-331 (108 
                Stat. 2495); and
                    (D) the matter under the heading `direct 
                loan financing program'' in Public Law 104-208 
                (110 Stat. 3009-513).
            (3) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.
    (b) Contract Authority.--
            (1) In general.--Notwithstanding any other 
        provision of law, approval by the Secretary of a 
        Federal credit instrument that uses funds made 
        available under this subchapter shall be deemed to be 
        acceptance by the United States of a contractual 
        obligation to fund the Federal credit instrument.
            (2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
    (c) Limitations on Credit [Amounts.--For] Amounts.--
            (1) In general.--For each of fiscal years 1999 
        through 2003, principal amounts of Federal credit 
        instruments made available under this subchapter shall 
        be limited to the amounts specified in the following 
        table:

                                                          Maximum amount
Fiscal year:                                              of credit:    
  1999.................................................. $1,600,000,000 
  2000.................................................. $1,800,000,000 
  2001.................................................. $2,200,000,000 
  2002.................................................. $2,400,000,000 
  2003.................................................. $2,600,000,000.
            (2) Availability.--If the amount specified in 
        paragraph (1) for a fiscal year exceeds the principal 
        amount of Federal credit instruments made available for 
        the fiscal year under this subchapter, the excess 
        amount shall be added to the amount specified in 
        paragraph (1) for the following fiscal year.

           *       *       *       *       *       *       *


Sec. 322. Magnetic levitation transportation technology deployment 
                    program

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Eligible project costs.--The term ``eligible 
        project costs''--
                    (A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                    (B) includes the costs of preconstruction 
                planning activities.
            (2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
            (3) MAGLEV.--The term ``MAGLEV'' means 
        transportation systems employing magnetic levitation 
        that would be capable of safe use by the public at a 
        speed in excess of 240 miles per hour.
            (4) Partnership potential.--The term ``partnership 
        potential'' has the meaning given the term in the 
        commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1978).
    (b) Financial Assistance.--
            (1) In general.--The Secretary shall make available 
        financial assistance to pay the program administrative 
        costs and the Federal share of full project costs of 
        eligible projects selected under this section. 
        Financial assistance made available under this section 
        and projects assisted with the assistance shall be 
        subject to section 5333(a) of title 49, United States 
        Code.
            [(2) Federal share.--The Federal share of full 
        project costs under paragraph (1) shall be not more 
        than \2/3\.]
            [(3)] (2) Use of assistance.--Financial assistance 
        provided under paragraph (1) shall be used only to pay 
        eligible project costs of projects selected under this 
        section.
    (c) Solicitation of Applications for Assistance.--Not later 
than 180 days after the date of enactment of this subsection, 
the Secretary shall solicit applications from States, or 
authorities designated by 1 or more States, for financial 
assistance authorized by subsection (b) for planning, design, 
and construction of eligible MAGLEV projects.
    (d) Project Eligibility.--To be eligible to receive 
financial assistance under subsection (b), a project shall--
            (1) involve a segment or segments of a high-speed 
        ground transportation corridor that exhibit partnership 
        potential;
            (2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                    (A) the amounts made available under 
                subsection (h)(1); and
                    (B) the amounts made available by States 
                under subsection (h)(3);
            (3) result in an operating transportation facility 
        that provides a revenue producing service;
            (4) be undertaken through a public and private 
        partnership, with at least \1/3\ of full project costs 
        paid using non-Federal funds;
            (5) satisfy applicable statewide and metropolitan 
        planning requirements;
            (6) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by 1 or more States;
            (7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried 
        out as a technology transfer project; and
            (8) be carried out using materials at least 70 
        percent of which are manufactured in the United States.
    (e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for 
selecting which eligible projects under subsection (d) will 
receive financial assistance under subsection (b). The criteria 
shall include the extent to which--
            (1) a project is nationally significant, including 
        the extent to which the project will demonstrate the 
        feasibility of deployment of MAGLEV technology 
        throughout the United States;
            (2) timely implementation of the project will 
        reduce congestion in other modes of transportation and 
        reduce the need for additional highway or airport 
        construction;
            (3) States, regions, and localities financially 
        contribute to the project;
            (4) implementation of the project will create new 
        jobs in traditional and emerging industries;
            (5) the project will augment MAGLEV networks 
        identified as having partnership potential;
            (6) financial assistance would foster public and 
        private partnerships for infrastructure development and 
        attract private debt or equity investment;
            (7) financial assistance would foster the timely 
        implementation of a project; and
            (8) life-cycle costs [in design and engineering] 
        are considered [and enhanced].

           *       *       *       *       *       *       *

                              ----------                              


        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

                [Public Law 102-240; December 18, 1991]

AN ACT To develop a national intermodal surface transportation system, 
  to authorize funds for construction of highways, for highway safety 
    programs, and for mass transit programs, and for other purposes.



           *       *       *       *       *       *       *
SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.

           *       *       *       *       *       *       *


    (b) Value Pricing Pilot Program.--(1) The Secretary shall 
solicit the participation of State and local governments and 
public authorities for one or more value pricing pilot 
programs. The Secretary may enter into cooperative agreements 
with as many as 15 such State or local governments or public 
authorities to establish, maintain, and monitor value pricing 
programs.
    (2) Notwithstanding section 129 of title 23, United States 
Code, the Federal share payable for such programs shall be 80 
percent. The Secretary shall fund all preimplementation costs 
and project design, and all of the development and other start 
up costs of such projects, including salaries and expenses, for 
a period of at least 1 year, and thereafter 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 preimplementation or 
implementation costs of any project for more than 3 years.
    (3) Revenues generated by any pilot project under this 
subsection must be applied to projects eligible under such 
title.
    (4) 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 any value pricing pilot 
program under this subsection.
    (5) The Secretary shall monitor the effect of such programs 
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 every 2 years on the effects such programs are 
having on driver behavior, traffic volume, transit ridership, 
air quality, and availability of funds for transportation 
programs.
    (6) HOV passenger requirements.--Notwithstanding section 
102(a) of title 23, United States Code, a State may permit 
vehicles with fewer than 2 occupants to operate in high 
occupancy vehicle lanes if the vehicles are part of a value 
pricing pilot program under this subsection.
    (7) Financial effects on low-income drivers.--Any value 
pricing pilot program under this subsection shall include, if 
appropriate, an analysis of the potential effects of the pilot 
program on low-income drivers and may include mitigation 
measures to deal with any potential adverse financial effects 
on low-income drivers.
    (8) Funding.--
            (A) In general.--Funds made available from the 
        Highway Trust Fund to carry out this subsection may be 
        used--
                    (i) to make allocations to States for 
                payment of the Federal share of value pricing 
                pilot programs under this subsection;
                    (ii) to pay administrative expenses 
                incurred by the Secretary in providing 
                technical assistance to States in connection 
                with value pricing pilot programs; and
                    (iii) to support public outreach, 
                implementation, and evaluation of the policy of 
                providing commuters the choice of 
                transportation fringe benefits or taxable cash 
                compensation under the amendments to the 
                Internal Revenue Code of 1986 made by section 
                9010 of the Transportation Equity Act for the 
                21st Century (112 Stat. 507).
            [(A)] (B) Availability.--Funds allocated by the 
        Secretary to a State under this subsection shall remain 
        available for obligation by the State for a period of 3 
        years after the last day of the fiscal year for which 
        the funds are authorized.
            [(B)] (C) Use of unallocated funds.--If the total 
        amount of funds made available from the Highway Trust 
        Fund to carry out this subsection for fiscal year 1998 
        and fiscal years thereafter but not allocated exceeds 
        $8,000,000 as of September 30 of any year, the excess 
        amount--
                    (i) shall be apportioned in the following 
                fiscal year by the Secretary to all States in 
                accordance with section 104(b)(3) of title 23, 
                United States Code;
                    (ii) shall be considered to be a sum made 
                available for expenditure on the surface 
                transportation program, except that the amount 
                shall not be subject to section 133(d) of such 
                title; and
                    (iii) shall be available for any purpose 
                eligible for funding under section 133 of such 
                title.
            [(C)] (D) Contract authority.--Funds authorized to 
        carry out this subsection shall be available for 
        obligation in the same manner as if the funds were 
        apportioned under chapter 1 of title 23, United States 
        Code; except that the Federal share of the cost of any 
        project under this subsection and the availability of 
        funds authorized to carry out this subsection shall be 
        determined in accordance with this subsection.

           *       *       *       *       *       *       *

                              ----------                              


            NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

   [Public Law 104-59; Approved November 28, 1995) December 18, 1991]

            [As Amended Through P.L. 104-333, Nov. 12, 1996]

   AN ACT To amend title 23, United States Code, to provide for the 
designation of the National Highway System, and for other purposes.

           *       *       *       *       *       *       *


SEC. 339. ELIGIBILITY.

    (a) Pennsylvania Turnpike and I-95.--

           *       *       *       *       *       *       *

    [(b) Type II Noise Barriers.--
            [(1) General rule.--No funds made available out of 
        the Highway Trust Fund may be used to construct Type II 
        noise barriers (as defined by section 772.5(i) of title 
        23, Code of Federal Regulations) pursuant to 
        subsections (h) and (i) of section 109 of title 23, 
        United States Code, if such barriers were not part of a 
        project approved by the Secretary before the date of 
        the enactment of this Act.
            [(2) Exceptions.--Paragraph (1) shall not apply to 
        construction of Type II noise barriers along lands that 
        were developed or were under substantial construction 
        before approval of the acquisition of the rights-of-
        ways for, or construction of, the existing highway.]

           *       *       *       *       *       *       *

                              ----------                              




             TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY

       [As amended by Public Law 105-206 and Public Law 105-277]

                     TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

           *       *       *       *       *       *       *


SEC. 1102. OBLIGATION CEILING.

    (a) General Limitation.-- * * *

           *       *       *       *       *       *       *

    (c) Distribution of Obligation Authority.--For each of 
fiscal years 1998 through 2003, the Secretary shall--
            (1) not distribute obligation authority provided by 
        subsection (a) for such fiscal year for amounts 
        authorized for administrative expenses and programs 
        funded from the administrative takedown authorized by 
        section 104(a) of title 23, United States Code, and 
        amounts authorized for the highway use tax evasion 
        program and the Bureau of Transportation Statistics;
            (2) not distribute an amount of obligation 
        authority provided by subsection (a) that is equal to 
        the unobligated balance of amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for Federal-aid highway and highway safety 
        programs for previous fiscal years the funds for which 
        are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation authority provided by 
                subsection (a) for such fiscal year less the 
                aggregate of amounts not distributed under 
                paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highway and 
                highway safety construction programs (other 
                than sums authorized to be appropriated for 
                sections set forth in paragraphs (1) through 
                (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, 
                United States Code, equal to the amount 
                referred to in subsection (b)(8)) for such 
                fiscal year less the aggregate of the amounts 
                not distributed under paragraph (1) of this 
                subsection;
            (4) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not 
        distributed under paragraphs (1) and (2) for section 
        117 of title 23, United States Code (relating to high 
        priority projects program), section 201 of the 
        Appalachian Regional Development Act of 1965, the 
        Woodrow Wilson Memorial Bridge Authority Act of 1995, 
        and [$2,000,000,000] $2,161,000,000 for such fiscal 
        year under section 105 of such title (relating to 
        minimum guarantee) so that amount of obligation 
        authority available for each of such sections is equal 
        to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized 
        to be appropriated for such section (except in the case 
        of section 105, [$2,000,000,000] $2,161,000,000) for 
        such fiscal year;

           *       *       *       *       *       *       *


SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT 
                    PROGRAM.

    (a) Establishment.-- * * *

           *       *       *       *       *       *       *

    (e) Requirements for Funding.--Notwithstanding any other 
provision of law except a provision of law that specifically 
amends or limits the applicability of this subsection, for each 
fiscal year, the Secretary shall not fund any project using 
funds authorized under subsection (f) unless the Secretary 
determines that--
            (1) the applicant submitted an application, in the 
        form required by the Secretary, by the deadline 
        specified by the Secretary for the fiscal year; and
            (2) the project meets the criteria for funding 
        under this section.
    [(e)] (f) Funding.--
            (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $20,000,000 for fiscal year 1999 and $25,000,000 for 
        each of fiscal years 2000 through 2003.
            (2) Contract authority.--Funds authorized under 
        this subsection shall be available for obligation in 
        the same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code.
            (3) Reservation of funds for planning.--
        Notwithstanding any other provision of law except a 
        provision of law that specifically amends or limits the 
        applicability of this paragraph, for each fiscal year, 
        not less than 50 percent of the funds authorized under 
        this subsection shall be made available to carry out 
        subsection (c).

           *       *       *       *       *       *       *


SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Surface transportation research.--For carrying 
        out sections 502, 506, 507, and 508 of title 23, United 
        States Code, and section 5112 of this Act $96,000,000 
        for fiscal year 1998, $97,000,000 for fiscal year 1999, 
        $97,000,000 for fiscal year 2000, $98,000,000 for 
        fiscal year 2001, $101,000,000 for fiscal year 2002, 
        and $103,000,000 for fiscal year 2003.
            (2) Technology deployment program.--To carry out 
        section 503 of title 23, United States Code, 
        $35,000,000 for fiscal year 1998, $35,000,000 for 
        fiscal year 1999, $40,000,000 for fiscal year 2000, 
        $45,000,000 for fiscal year 2001, $45,000,000 for 
        fiscal year 2002, and $50,000,000 for fiscal year 2003.
            (3) Training and education.--For carrying out 
        section 504 of title 23, United States Code, 
        $14,000,000 for fiscal year 1998, $15,000,000 for 
        fiscal year 1999, $16,000,000 for fiscal year 2000, 
        $18,000,000 for fiscal year 2001, $19,000,000 for 
        fiscal year 2002, and $20,000,000 for fiscal year 2003.
            (4) Bureau of transportation statistics.--For the 
        Bureau of Transportation Statistics to carry out 
        section 111 of title 49, United States Code, 
        $31,000,000 for each of fiscal years 1998 through 2003.
            (5) ITS standards, research, operational tests, and 
        development.--For carrying out sections 5204, 5205, 
        5206, and 5207 of this Act $95,000,000 for fiscal year 
        1998, $95,000,000 for fiscal year 1999, $98,200,000 for 
        fiscal year 2000, $100,000,000 for fiscal year 2001, 
        $105,000,000 for fiscal year 2002, and $110,000,000 for 
        fiscal year 2003.
            [(6) ITS deployment.--For carrying out sections 
        5208 and 5209 of this Act $101,000,000 for fiscal year 
        1998, $105,000,000 for fiscal year 1999, $113,000,000 
        for fiscal year 2000, $118,000,000 for fiscal year 
        2001, $120,000,000 for fiscal year 2002, and 
        $122,000,000 for fiscal year 2003.]
            (6) ITS deployment.--
                    (A) Fiscal years 1998 through 2000.--For 
                carrying out sections 5208 and 5209, 
                $101,000,000 for fiscal year 1998, $105,000,000 
                for fiscal year 1999, and $113,000,000 for 
                fiscal year 2000.
                    (B) Fiscal years 2001 through 2003.--
                            (i) Intelligent transportation 
                        system integration program.--For 
                        carrying out section 5208, $83,000,000 
                        for fiscal year 2001, $85,000,000 for 
                        fiscal year 2002, and $85,000,000 for 
                        fiscal year 2003.
                            (ii) Commercial vehicle intelligent 
                        transportation system infrastructure 
                        deployment.--For carrying out section 
                        5209, $32,200,000 for fiscal year 2001, 
                        $33,500,000 for fiscal year 2002, and 
                        $35,500,000 for fiscal year 2003.
            (7) University transportation research.--For 
        carrying out section 5505 of title 49, United States 
        Code, $25,650,000 for fiscal year 1998, $25,650,000 for 
        fiscal year 1999, $27,250,000 for fiscal year 2000, 
        $27,250,000 for fiscal year 2001, $26,500,000 for 
        fiscal year 2002, and $26,500,000 for fiscal year 2003.
    (b) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated by subsection (a) shall be 
available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of a project or 
activity carried out using such funds shall be 80 percent 
(unless otherwise expressly provided by this subtitle or 
otherwise determined by the Secretary with respect to a project 
of activity) and such funds shall remain available until 
expended.
    (c) Allocations.--
            (1) Surface transportation research.--Of the 
        amounts made available under subsection (a)(1)--
                    (A) $10,000,000 for each of fiscal years 
                1998 through 2003 shall be available to carry 
                out section 502(e) of title 23, United States 
                Code (relating to long-term pavement 
                performance);
                    (B) not to exceed $2,000,000 for each of 
                fiscal years 1998 through 2003 shall be 
                available to carry out section 502(f) of such 
                title (relating to seismic research), of which 
                not to exceed $2,500,000 may be used to upgrade 
                earthquake simulation facilities as required to 
                carry out the program;
                    (C) $500,000 for each of fiscal years 1998 
                through 2003 shall be available to carry out 
                section 506 of such title (relating to 
                international outreach); and
                    (D) $5,000,000 for each of fiscal years 
                1998 through 2003 to carry out research on 
                improved methods of using concrete pavement in 
                the construction, reconstruction, and repair of 
                Federal-aid highways.
            (2) Technology deployment.--Of the amounts made 
        available under subsection (a)(2)--
                    (A) $1,000,000 for each of fiscal years 
                1998 through 2003 shall be available to carry 
                out section 503(b)(3)(A)(i) of title 23, United 
                States Code (relating to research development 
                technology transfer activities); and
                    (B) $10,000,000 for fiscal year 1998, 
                $15,000,000 for fiscal year 1999, $17,000,000 
                for fiscal year 2000, and $20,000,000 for each 
                of fiscal years 2001 through 2003 shall be 
                available to carry out section 503(b)(3)(A)(ii) 
                of such title (relating to repair, 
                rehabilitation, and construction).
            (3) Training and education.--Of the amounts made 
        available under subsection (a)(3)--
                    (A) $5,000,000 for fiscal year 1998, 
                $6,000,000 for fiscal year 1999, $6,000,000 for 
                fiscal year 2000, $7,000,000 for fiscal year 
                2001, $7,000,000 for fiscal year 2002, and 
                $8,000,000 for fiscal year 2003 shall be 
                available to carry out section 504(a) of title 
                23, United States Code (relating to the 
                National Highway Institute);
                    (B) $7,000,000 for fiscal year 1998, 
                $7,000,000 for fiscal year 1999, $8,000,000 for 
                fiscal year 2000, $9,000,000 for fiscal year 
                2001, $10,000,000 for fiscal year 2002, and 
                $10,000,000 for fiscal year 2003 shall be 
                available to carry out section 504(b) of such 
                title (relating to local technical assistance); 
                and
                    (C) $2,000,000 for each of fiscal years 
                1998 through 2003 shall be available to carry 
                out section 504(c)(2) of such title (relating 
                to the Eisenhower Transportation Fellowship 
                Program).
            [(4) (3) ITS deployment.--Of the amounts made 
        available under subsection (a)(6)--
                    [(A) $74,000,000 for fiscal year 1998, 
                $75,000,000 for fiscal year 1999, $80,000,000 
                for fiscal year 2000, $83,000,000 for fiscal 
                year 2001, $85,000,000 for fiscal year 2002, 
                and $85,000,000 for fiscal year 2003 shall be 
                available to carry out section 5208 of this Act 
                (relating to Intelligent Transportation Systems 
                integration); and
                    [(B) $25,500,000 for fiscal year 1998, 
                $27,200,000 for fiscal year 1999, $30,200,000 
                for fiscal year 2000, $32,200,000 for fiscal 
                year 2001, $33,500,000 for fiscal year 2002, 
                and $35,500,000 for fiscal year 2003 shall be 
                available to carry out section 5209 of this Act 
                (relating to commercial vehicle 
                infrastructure).]
    (d) Transfers of Funds.--The Secretary may transfer not to 
exceed 10 percent of the amounts allocated in a fiscal year 
under a subparagraph in each of paragraphs (1) through [(4)] 
(3) of subsection (c) to the amounts allocated under any other 
subparagraph in the paragraph.

           *       *       *       *       *       *       *


SEC. 5207. RESEARCH AND DEVELOPMENT.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    (e) Crash Information Systems.--
            (1) In general.--For each of fiscal years 2000 
        through 2003, of the amounts made available under 
        section 5001(a)(5), the Secretary may use such amounts 
        as are necessary for research on and development of--
                    (A) automatic crash notification systems 
                that, in the event of a crash of a motor 
                vehicle, will automatically use a wireless 
                telephone or other communications system in the 
                vehicle to transmit information about the crash 
                to the appropriate emergency personnel; and
                    (B) a common interface system in motor 
                vehicles that permits all models of wireless 
                telephones--
                            (i) to transmit crash data; and
                            (ii) to be voice-activated, 
                        allowing hands-free use.
            (2) Use of funds.--
                    (A) Authorized uses.--The funding for 
                research and development authorized under 
                paragraph (1) shall include funding for 
                research and development conducted by trauma 
                centers in coordination with other emergency 
                medical service providers for the purpose of--
                            (i) establishing decision protocols 
                        for the use of data obtained from the 
                        systems described in paragraph (1);
                            (ii) training emergency personnel 
                        in the use of the data;
                            (iii) establishing standardized 
                        methods for assessing the added value 
                        of automatic crash notification systems 
                        and identifying the factors causing 
                        changes in the injury patterns of motor 
                        vehicle crashes;
                            (iv) determining the injury 
                        prediction value of various types of 
                        data that can be obtained from 
                        automobiles; and
                            (v) developing information 
                        distribution and training models for 
                        incorporating the use of the data into 
                        emergency systems throughout the United 
                        States.
                    (B) Geographic distribution.--The trauma 
                centers receiving funding under subparagraph 
                (A) shall be representative of the geographic 
                diversity, population characteristics, and 
                climatic features of the United States.

SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    (e) Funding for Rural Areas.--The Secretary shall allocate 
not less than 10 percent of funds authorized by section 
[5001(c)(4)(A)] 5001(c)(6)(A) in rural areas for intelligent 
transportation infrastructure deployment activities funded 
under this section to carry out intelligent transportation 
infrastructure deployment activities in rural areas.
    (f) Federal Share.--
            (1) Funds made available under this section.--The 
        Federal share of the cost of a project payable from 
        funds made available under this section shall not 
        exceed 50 percent.
            (2) Funds made available from all federal 
        sources.--The total Federal share of the cost of a 
        project payable from all eligible sources (including 
        this section) shall not exceed 80 percent.
    (g) Corridor Development and Coordination.--
            (1) In general.--The Secretary shall encourage 
        multistate cooperative agreements, coalitions, or other 
        arrangements intended to promote regional cooperation, 
        planning, and shared project implementation for 
        intelligent transportation system projects.
            (2) Great lakes its implementation.--
                    (A) In general.--The Secretary shall make 
                grants under this subsection to the State of 
                Wisconsin to continue ITS activities in the 
                corridor serving the Greater Milwaukee, 
                Wisconsin, Chicago, Illinois, and Gary, 
                Indiana, areas initiated under the Intermodal 
                Surface Transportation Efficiency Act of 1991 
                and other areas of the State.
                    (B) Funding.--Of the amounts made available 
                for each of fiscal years 1998 through 2003 
                under section [5001(c)(4)(A)] 5001(c)(6)(A) of 
                this Act, $2,000,000 per fiscal year shall be 
                available to carry out this paragraph.
            (3) Northeast its implementation.--
                    (A) In general.--The Secretary shall make 
                grants under this subsection to the States to 
                continue ITS activities in the Interstate Route 
                I-95 corridor in the northeastern United States 
                initiated under the Intermodal Surface 
                Transportation Efficiency Act of 1991.
                    (B) Funding.--Of the amounts made available 
                for each of fiscal years 1998 through 2003 
                under section [5001(c)(4)(A)] 5001(c)(6)(A) of 
                this Act, $5,000,000 per fiscal year shall be 
                available to carry out this paragraph.
    (h) Emergency Communications Infrastructure and Programs.--
            (1) Support for state deployment.--
                    (A) In general.--The Secretary shall 
                encourage and support efforts by States to 
                deploy integrated emergency communications 
                infrastructure and programs, based on 
                coordinated statewide deployment plans such as 
                the plans developed under subparagraph (C), 
                including--
                            (i) enhanced wireless 9-1-1 
                        service; and
                            (ii) coordination and integration 
                        of emergency communications with 
                        traffic control and management systems.
                    (B) Consultation and cooperation.--In 
                encouraging and supporting the deployment 
                described in subparagraph (A), the Secretary 
                shall consult and cooperate with--
                            (i) State and local officials 
                        responsible for transportation 
                        policies, emergency services, and 
                        public safety;
                            (ii) emergency medical service 
                        providers and emergency dispatch 
                        providers;
                            (iii) special 9-1-1 districts;
                            (iv) public safety, fire service, 
                        and law enforcement officials;
                            (v) consumer groups;
                            (vi) hospital emergency and trauma 
                        care personnel (including emergency 
                        physicians, trauma surgeons, and 
                        nurses);
                            (vii) the telecommunications 
                        industry (including cellular and other 
                        wireless telecommunications service 
                        providers);
                            (viii) the motor vehicle 
                        manufacturing industry; and
                            (ix) the intelligent transportation 
                        systems industry.
                    (C) Coordinated statewide deployment 
                plans.--As a condition of receipt of funding 
                under this subsection, each State shall agree 
                to--
                            (i) develop and implement a 
                        coordinated statewide deployment plan, 
                        through an entity designated by the 
                        Governor under paragraph (2)(B)(i); and
                            (ii) include representatives of the 
                        individuals and entities described in 
                        subparagraph (B) in development and 
                        implementation of the coordinated 
                        statewide deployment plan.
            (2) Grants to states.--
                    (A) In general.--For each of fiscal years 
                2001 through 2003, the Secretary shall use not 
                less than $5,000,000 of the amounts made 
                available under section 5001(c)(4)(A) to make 
                grants to States in accordance with this 
                paragraph.
                    (B) State plan for use of grant funds.--A 
                State seeking to obtain a grant under this 
                paragraph shall submit to the Secretary an 
                application containing a State plan for the use 
                of the grant funds for the deployment and 
                functioning of an integrated emergency 
                communications and transportation information 
                system, including enhanced wireless 9-1-1 
                service, that--
                            (i) designates an entity to lead 
                        the development and implementation of 
                        the coordinated statewide deployment 
                        plan under paragraph (1)(C) and to 
                        consult with the individuals and 
                        entities described in paragraph (1)(B);
                            (ii) describes the activities to be 
                        carried out using the grant funds;
                            (iii) identifies any entity that 
                        will be used to administer the grant in 
                        accordance with subparagraph (D);
                            (iv) contains a description of the 
                        mechanisms used, or proposed to be 
                        used, in the State for recovery by 
                        wireless carriers of costs related to 
                        the provision of automatic numbering 
                        identification and call location 
                        services; and
                            (v) provides such assurances as the 
                        Secretary may require that the grant 
                        funds will be used to implement the 
                        plan for the use of the grant funds in 
                        a manner consistent with this 
                        subsection.
                    (C) Use of funds.--Funds made available 
                through a grant under this paragraph may be 
                used to pay--
                            (i) the costs associated with 
                        creating and convening, for the purpose 
                        of developing and implementing a 
                        coordinated statewide deployment plan 
                        under paragraph (1)(C), a Governor's 
                        Task Force that includes 
                        representatives of--
                                    (I) public safety, fire 
                                service, transportation, and 
                                law enforcement officials;
                                    (II) emergency medical 
                                service providers and emergency 
                                dispatch providers;
                                    (III) wireless carriers;
                                    (IV) automobile 
                                manufacturers;
                                    (V) highway safety 
                                officials; and
                                    (VI) the public; and
                            (ii) the costs associated with the 
                        acquisition, upgrade, or modification 
                        of intelligent transportation systems 
                        software or equipment to be used in the 
                        coordinated statewide deployment plan.
                    (D) Administration of grant funds.--A State 
                that receives a grant under this paragraph 
                may--
                            (i) directly administer the funds 
                        provided through the grant; or
                            (ii) administer the funds through--
                                    (I) a governmental entity 
                                of the State;
                                    (II) a political 
                                subdivision of the State; or
                                    (III) an entity that 
                                provides public safety 
                                services, transportation 
                                services, or administrative 
                                services on behalf of the State 
                                government.

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

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    (d) Commercial Motor Vehicle Registration Information 
Clearinghouse.--
            (1) In general.--Under the program, the Secretary 
        shall establish a system consisting of--
                    (A) a commercial motor vehicle registration 
                information clearinghouse to facilitate the 
                electronic exchange and reconciliation of 
                interstate commercial motor vehicle 
                registration information; and
                    (B) an electronic remittance netting 
                function with electronic funds transfer 
                capability through a central United States bank 
                to facilitate payment of commercial motor 
                vehicle registration fees.
            (2) Intrastate information.--The system under 
        paragraph (1) shall include intrastate commercial motor 
        vehicle registration information to the extent that 
        each State elects to submit such information to the 
        Secretary for the purposes of the system.
            (3) Delegation of duties.--The Secretary may 
        delegate, by means of a contract, the duties of the 
        Secretary under paragraph (1) to an entity outside the 
        Department of Transportation if the Secretary provides 
        continuing oversight of the activities of the entity.
            (4) Participation by canada and mexico.--The 
        Secretary shall work with representatives of the 
        Governments of Canada and Mexico and other appropriate 
        officials to encourage their participation in the 
        clearinghouse established under paragraph (1).
            (5) Funding.--
                    (A) In general.--There shall be available 
                to carry out this subsection, from funds made 
                available to carry out this section, $2,000,000 
                for each of fiscal years 2000, 2001, and 2002, 
                to remain available until expended.
                    (B) Intrastate data.--In addition to the 
                amounts made available by subparagraph (A), 
                there shall be available, from funds made 
                available to carry out this section, such sums 
                as the Secretary determines are necessary to 
                carry out paragraph (2).
                    (C) Limitation on use of funds.--Neither 
                the Secretary nor an entity to which a 
                delegation is made under paragraph (3) may make 
                any expenditure of funds made available under 
                this paragraph to facilitate the participation 
                by a State in the system established under 
                paragraph (1) until the State enters into an 
                agreement with the Secretary and the Secretary 
                of the Treasury to submit interstate and 
                intrastate commercial motor vehicle 
                registration information to the Secretary of 
                the Treasury.
    [(d)] (e) Leveraging of Federal Funds.--Federal funds used 
to carry out the program shall, to the maximum extent 
practicable--
            (1) be leveraged with non-Federal funds; and
            (2) be used for activities not carried out through 
        the use of private funds.
    [(e)] (f) Federal Share.--The Federal share of the cost of 
[the project] a project (other than the system established 
under subsection (d) payable from funds made available to carry 
out this section shall not exceed 50 percent. The total Federal 
share of the cost of the project payable from all eligible 
sources shall not exceed 80 percent.

           *       *       *       *       *       *       *


SEC. 5211. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Commercial vehicle information systems and 
        networks.--The term ``Commercial Vehicle Information 
        Systems and Networks'' means the information systems 
        and communications networks that support commercial 
        vehicle operations.
            (2) Commercial vehicle operations.--The term 
        ``commercial vehicle operations''--
                    (A) means motor carrier operations and 
                motor vehicle regulatory activities associated 
                with the commercial movement of goods, 
                including hazardous materials, and passengers; 
                and
                    (B) with respect to the public sector, 
                includes the issuance of operating credentials, 
                the administration of motor vehicle and fuel 
                taxes, and roadside safety and border crossing 
                inspection and regulatory compliance 
                operations.
            (3) Corridor.--The term ``corridor'' means any 
        major transportation route that includes parallel 
        limited access highways, major arterials, or transit 
        lines.
            (4) Emergency dispatch provider.--The term 
        ``emergency dispatch provider'' means a governmental or 
        nongovernmental provider of emergency dispatch 
        services.
            (5) Enhanced wireless 9-1-1 service.--The term 
        ``enhanced wireless 9-1-1 service'' means any enhanced 
        9-1-1 service so designated by the Federal 
        Communications Commission in the proceeding entitled 
        ``Revision of the Commission's Rules to Ensure 
        Compatibility with Enhanced 9-1-1 Emergency Calling 
        Systems'' (CC Docket No. 94-102; RM-8143), or any 
        successor proceeding.
            [(4)] (6) Intelligent transportation 
        infrastructure.--The term ``intelligent transportation 
        infrastructure'' means fully integrated public sector 
        intelligent transportation system components, as 
        defined by the Secretary.
            [(5)] (7) Intelligent transportation system.--The 
        term ``intelligent transportation system'' means 
        electronics, communications, or information processing 
        used singly or in combination to improve the efficiency 
        or safety of a surface transportation system.
            [(6)] (8) National architecture.--The term 
        ``national architecture'' means the common framework 
        for interoperability adopted by the Secretary that 
        defines--
                    (A) the functions associated with 
                intelligent transportation system user 
                services;
                    (B) the physical entities or subsystems 
                within which the functions reside;
                    (C) the data interfaces and information 
                flows between physical subsystems; and
                    (D) the communications requirements 
                associated with the information flows.
            (9) Public safety answering point.--The term 
        ``public safety answering point'' means a facility that 
        has been designated by a State or local government to 
        receive 9-1-1 calls and to route the calls to emergency 
        service personnel.
            [(7)] (10) Standard.--The term ``standard'' means a 
        document that--
                    (A) contains technical specifications or 
                other precise criteria for intelligent 
                transportation systems that are to be used 
                consistently as rules, guidelines, or 
                definitions of characteristics so as to ensure 
                that materials, products, processes, and 
                services are fit for their purposes; and
                    (B) may support the national architecture 
                and promote--
                            (i) the widespread use and adoption 
                        of intelligent transportation system 
                        technology as a component of the 
                        surface transportation systems of the 
                        United States; and
                            (ii) interoperability among 
                        intelligent transportation system 
                        technologies implemented throughout the 
                        States.
            [(8)] (11) State.--The term ``State'' has the 
        meaning given the term under section 101 of title 23, 
        United States Code.
            (12) Wireless 9-1-1 service.--The term ``wireless 
        9-1-1 service'' means any 9-1-1 service provided by a 
        wireless carrier, including enhanced wireless 9-1-1 
        service.
            (13) Wireless carrier.--The term ``wireless 
        carrier'' means a provider of commercial mobile 
        services or any other radio communications service that 
        the Federal Communications Commission requires to 
        provide wireless 9-1-1 service.

           *       *       *       *       *       *       *


SEC. 5212. PROJECT FUNDING.

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

                                  
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