[House Report 105-550]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT
FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
_______
May 22, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Shuster, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2400]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2400), to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1308. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation upon
termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of
defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies
of costs of treatment of veterans for tobacco-related
illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate
System'' has the meaning such term has under section
101 of title 23, United States Code.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Interstate maintenance program.--For the
Interstate maintenance program under section 119 of
title 23, United States Code, $3,427,341,000 for fiscal
year 1998, $3,957,103,000 for fiscal year 1999,
$3,994,524,000 for fiscal year 2000, $4,073,322,000 for
fiscal year 2001, $4,139,630,000 for fiscal year 2002,
and $4,217,635,000 for fiscal year 2003.
(2) National highway system.--For the National
Highway System under section 103 of such title
$4,112,480,000 for fiscal year 1998, $4,748,523,000 for
fiscal year 1999, $4,793,429,000 for fiscal year 2000,
$4,887,986,000 for fiscal year 2001, $4,967,556,000 for
fiscal year 2002, and $5,061,162,000 for fiscal year
2003.
(3) Bridge program.--For the bridge program under
section 144 of such title $2,941,454,000 for fiscal
year 1998, $3,395,354,000 for fiscal year 1999,
$3,427,472,000 for fiscal year 2000, $3,495,104,000 for
fiscal year 2001, $3,552,016,000 for fiscal year 2002,
and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the
surface transportation program under section 133 of
such title $4,797,620,000 for fiscal year 1998,
$5,539,944,000 for fiscal year 1999, $5,592,333,000 for
fiscal year 2000, $5,702,651,000 for fiscal year 2001,
$5,795,482,000 for fiscal year 2002, and $5,904,689,000
for fiscal year 2003.
(5) Congestion mitigation and air quality
improvement program.--For the congestion mitigation and
air quality improvement program under section 149 of
such title $1,192,619,000 for fiscal year 1998,
$1,345,415,000 for fiscal year 1999, $1,358,138,000 for
fiscal year 2000, $1,384,930,000 for fiscal year 2001,
$1,407,474,000 for fiscal year 2002, and $1,433,996,000
for fiscal year 2003.
(6) Appalachian development highway system
program.--For the Appalachian development highway
system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.)
$450,000,000 for each of fiscal years 1999 through
2003.
(7) Recreational trails program.--For the
recreational trails program under section 206 of such
title $30,000,000 for fiscal year 1998, $40,000,000 for
fiscal year 1999, and $50,000,000 for each of fiscal
years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such
title $225,000,000 for fiscal year 1998 and
$275,000,000 for each of fiscal years 1999
through 2003.
(B) Public lands highways.--For public
lands highways under section 204 of such title
$196,000,000 for fiscal year 1998 and
$246,000,000 for each of fiscal years 1999
through 2003.
(C) Park roads and parkways.--For park
roads and parkways under section 204 of such
title $115,000,000 for fiscal year 1998 and
$165,000,000 for each of fiscal years 1999
through 2003.
(D) Refuge roads.--For refuge roads under
section 204 of such title $20,000,000 for each
of fiscal years 1999 through 2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the
national corridor planning and development and
coordinated border infrastructure programs under
sections 1118 and 1119 of this Act $140,000,000 for
each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005) $30,000,000
for each of fiscal year 1998 and $38,000,000 for each
of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the
national scenic byways program under section 162 of
title 23, United States Code, $23,500,000 for each of
fiscal years 1998 and 1999, $24,500,000 for each of
fiscal years 2000 and 2001,and $25,500,000 for fiscal
year 2002, and $26,500,000 for fiscal year 2003.
(12) Value pricing pilot program.--For the value
pricing pilot program under section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000
for fiscal year 1999, and $11,000,000 for each of
fiscal years 2000 through 2003.
(13) High priority projects program.--For the high
priority projects program under section 117 of title
23, United States Code, $1,025,695,000 for fiscal year
1998, $1,398,675,000 for fiscal year 1999,
$1,678,410,000 for fiscal year 2000, $1,678,410,000 for
fiscal year 2001, $1,771,655,000 for fiscal year 2002,
and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway
use tax evasion projects under section 143 of such
title $5,000,000 for each of fiscal years 1998 through
2003.
(15) Commonwealth of puerto rico highway program.--
For the Commonwealth of Puerto Rico highway program
under section 1214(r) of this Act $110,000,000 for
fiscal years 1998 through 2003.
(b) Disadvantaged Business Enterprises.--
(1) General rule.--Except to the extent that the
Secretary determines otherwise, not less than 10
percent of the amounts made available for any program
under titles I, III, and V of this Act shall be
expended with small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term
``small business concern'' has the meaning such
term has under section 3 of the Small Business
Act (15 U.S.C. 632); except that such term
shall not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or
individuals which has average annual gross
receipts over the preceding 3 fiscal years in
excess of $16,600,000, as adjusted by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and
economically disadvantaged individuals'' has
the meaning such term has under section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated
pursuant thereto; except that women shall be
presumed to be socially and economically
disadvantaged individuals for purposes of this
subsection.
(3) Annual listing of disadvantaged business
enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred
to in paragraph (1) and the location of such concerns
in the State and notify the Secretary, in writing, of
the percentage of such concerns which are controlled by
women, by socially and economically disadvantaged
individuals (other than women), and by individuals who
are women and are otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--The Secretary shall
establish minimum uniform criteria for State
governments to use in certifying whether a concern
qualifies for purposes of this subsection. Such minimum
uniform criteria shall include but not be limited to
on-site visits, personal interviews, licenses, analysis
of stock ownership, listing of equipment,analysis of
bonding capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or
person to receive funds made available under titles I,
III, and V of this Act, if the entity or person is
prevented, in whole or in part, from complying with
paragraph (1) because a Federal court issues a final
order in which the court finds that the requirement of
paragraph (1), or the program established under
paragraph (1), is unconstitutional.
(6) Review by comptroller general.--Not later than
3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct
a review of, and publish and report to Congress
findings and conclusions on, the impact throughout the
United States of administering the requirement of
paragraph (1), including an analysis of--
(A) in the case of small business concerns
certified in each State under paragraph (4) as
owned and controlled by socially and
economically disadvantaged individuals--
(i) the number of the small
business concerns; and
(ii) the participation rates of the
small business concerns in prime
contracts and subcontracts funded under
titles I, III, and V of this Act;
(B) in the case of small business concerns
described in subparagraph (A) that receive
prime contracts and subcontracts funded under
titles I, III, and V of this Act--
(i) the number of the small
business concerns;
(ii) the annual gross receipts of
the small business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(C) in the case of small business concerns
described in subparagraph (A) that do not
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act--
(i) the annual gross receipts of
the small business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(D) in the case of business concerns that
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act, other
than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of
the business concerns; and
(ii) the net worth of individuals
that own and control the business
concerns;
(E) the rate of graduation from any
programs carried out to comply with the
requirement of paragraph (1) for small business
concerns owned and controlled by socially and
economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including
administrative costs, certification costs,
additional construction costs, and litigation
costs;
(G) any discrimination on the basis of
race, color, national origin, or sex against
small business concerns owned and controlled by
socially and economically disadvantaged
individuals;
(H)(i) any other factors limiting the
ability of small business concerns owned and
controlled by socially and economically
disadvantaged individuals to compete for prime
contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those
factors are caused, in whole or in part, by
discrimination based on race, color, national
origin, or sex;
(I) any discrimination, on the basis of
race, color, national origin, or sex, against
construction companies owned and controlled by
socially and economically disadvantaged
individuals in public and private
transportation contracting and the financial,
credit, insurance, and bond markets;
(J) the impact on small business concerns
owned and controlled by socially and
economically disadvantaged individuals of--
(i) the issuance of a final order
described in paragraph (5) by a
Federalcourt that suspends a program established under paragraph (1);
or
(ii) the repeal or suspension of
State or local disadvantaged business
enterprise programs; and
(K) the impact of the requirement of
paragraph (1), and any program carried out to
comply with paragraph (1), on competition and
the creation of jobs, including the creation of
jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other
provision of law but subject to subsections (g) and (h), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations--
(1) under section 125 of title 23, United States
Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act
of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of
1987;
(6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991;
(7) under section 157 of title 23, United States
Code, as in effect on the day before the date of
enactment of this Act; and
(8) under section 105 of title 23, United States
Code but, for each of fiscal years 1998 through 2007,
only in an amount equal to $639,000,000 per fiscal
year.
(c) Distribution of Obligation Authority.--For each of
fiscal years 1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts
authorized for administrative expenses and programs
funded from the administrative takedown authorized by
section 104(a) of title 23, United States Code, and
amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) not distribute an amount of obligation
authority provided by subsection (a) that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highway and highway safety
programs for previous fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by
subsection (a) for such fiscal year less the
aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through
(7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(8)) for such
fiscal year less the aggregate of the amounts
not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) for section
117 of title 23, United States Code (relating to high
priority projects program), section 201 of the
Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995,
and $2,000,000,000 for such fiscal year under section
105 of such title (relating to minimum guarantee) so
that amount of obligation authority available for each
of such sections is equal to the amount determined by
multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for such section
(except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each ofthe programs
that are allocated by the Secretary under this Act and title 23, United
States Code (other than activities to which paragraph (1) applies and
programs to which paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-
aid highway and highway safety construction programs
(other than the minimum guarantee program, but only to
the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after
August 1 of each of fiscal years 1998 through 2003 revise a
distribution of the obligation authority made available under
subsection (c) if a State will not obligate the amount
distributed during that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in addition to
those previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, under section 160 of title 23, United
States Code (as in effect on the day before the date of
enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-
1945).
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23,
United States Code, and under title VI of this Act.
(f) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
authority under subsection (c) for each of fiscal years 1998
through 2003, the Secretaryshall distribute to the States any
funds (1) that are authorized to be appropriated for such fiscal year
for Federal-aid highway programs (other than the program under section
160 of title 23, United States Code) and for carrying out subchapter I
of chapter 311 of title 49, United States Code, and chapter 4 of title
23, United States Code, and (2) that the Secretary determines will not
be allocated to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any obligation limitation
for such fiscal year. Such distribution to the States shall be made in
the same ratio as the distribution of obligation authority under
subsection (c)(6). The funds so distributed shall be available for any
purposes described in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for a section set forth in
subsection (c)(4) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be increased by an amount equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such
increase shall be distributed in accordance with this section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is
made of the sums made available for expenditure on each
of the surface transportation program under section
133, the bridge program under section 144, the
congestion mitigation and air quality improvement
program under section 149, theInterstate and National
Highway System program under section 103, the minimum guarantee program
under section 105, the Federal lands highway program under section 204,
or the Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.),
the Secretary shall deduct a sum, in an amount not to exceed 1\1/2\
percent of all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law
to be financed from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
``(2) Consideration of unobligated balances.--In
making the determination described in paragraph (1),
the Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.
``(3) Availability.--The sum deducted under
paragraph (1) shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title is
amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-aside authorized by subsection (f),
shall apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the congestion mitigation and air
quality improvement program, and the surface transportation
program for that fiscal year, among the several States in the
following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), $36,400,000 for each fiscal
year to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and
the remainder apportioned as follows:
``(i) 25 percent in the ratio
that--
``(I) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in all States.
``(ii) 35 percent in the ratio
that--
``(I) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio
that--
``(I) the total diesel fuel
used on highways in each State;
bears to
``(II) the total diesel
fuel used on highways in all
States.
``(iv) 10 percent in the ratio
that--
``(I) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in each State by the
total population of the State;
bears to
``(II) the quotient
obtained by dividing the total
lane miles on principal
arterial highways in all States
by the total population of all
States.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A) and paragraph
(4), each State shall receive a minimum of \1/
2\ of 1 percent of the funds apportioned under
subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality
improvement program.--
``(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
``(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
``(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
``(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for thepurpose of
subparagraph (A), the weighted nonattainment and maintenance area
population shall be calculated by multiplying the population of each
area in a State that was a nonattainment area or maintenance area as
described in section 149(b) for ozone or carbon monoxide by a factor
of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a
maintenance area; or
``(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
the Clean Air Act (42 U.S.C.
7401 et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide.
``(C) Additional adjustment for carbon
monoxide areas.--
``(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was also classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
``(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time also classified under
subpart 3 of part D of title I of such
Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--
Notwithstanding any other provision of this
paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned
under this paragraph.
``(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface
transportation program, in accordance with the
following formula:
``(i) 25 percent of the
apportionments in the ratio that--
``(I) the total lane miles
of Federal-aid highways in each
State; bears to
``(II) the total lane miles
of Federal-aid highways in all
States.
``(ii) 40 percent of the
apportionments in the ratio that--
``(I) the total vehicle
miles traveled on lanes on
Federal-aid highways in each
State; bears to
``(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
``(iii) 35 percent of the
apportionments in the ratio that--
``(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
``(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A), each State
shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.
``(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
``(ii) the total of all such lane
miles in all States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles
traveled on lanes on Interstate System
routes designated under--
``(I) section 103;
``(II) section 139(a) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century) before March
9, 1984 (other than routes on
toll roads not subject to a
Secretarial agreement under
section 105 of the Federal-Aid
Highway Act of 1978 (92 Stat.
2692)); and
``(III) section 139(c) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century);
in each State; bears to
``(ii) the total of all such
vehicle miles traveled in all States;
and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's
annual contributions to the Highway
Trust Fund (other than the Mass Transit
Account) attributable to commercial
vehicles; bears to
``(ii) the total of such annual
contributions by all States.''.
(c) Operation Lifesaver and High Speed Rail
Corridors.--Section 104(d) of such title is amended--
(1) in paragraph (1) by striking ``The'' and all
that follows through ``$300,000 for each'' and
inserting ``Before making an apportionment under
subsection (b)(3) of this section for a fiscal year,
the Secretary shall set aside $500,000 for such''; and
(2) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Railway-highway crossing hazard elimination
in high speed rail corridors.--
``(A) In general.--Before making an
apportionment of funds under subsection
(b)(3)for a fiscal year, the Secretary shall set aside $5,250,000 of
the funds made available for the surface transportation program for the
fiscal year for elimination of hazards of railway-highway crossings.
``(B) Eligible corridors.--Subject to
subparagraph (E), funds made available under
subparagraph (A) shall be expended for projects
in--
``(i) 5 railway corridors selected
by the Secretary in accordance with
this subsection (as in effect on the
day before the date of enactment of
this clause);
``(ii) 3 railway corridors selected
by the Secretary in accordance with
subparagraphs (C) and (D);
``(iii) a Gulf Coast high speed
railway corridor (as designated by the
Secretary);
``(iv) a Keystone high speed
railway corridor from Philadelphia to
Harrisburg, Pennsylvania; and
``(v) an Empire State railway
corridor from New York City to Albany
to Buffalo, New York.
``(C) Required inclusion of high speed rail
lines.--A corridor selected by the Secretary
under subparagraph (B) shall include rail lines
where railroad speeds of 90 miles or more per
hour are occurring or can reasonably be
expected to occur in the future.
``(D) Considerations in corridor
selection.--In selecting corridors under
subparagraph (B), the Secretary shall
consider--
``(i) projected rail ridership volume
in each corridor;
``(ii) the percentage of each
corridor over which a train will be
capable of operating at its maximum
cruise speed taking into account such
factors as topography and other traffic
on the line;
``(iii) projected benefits to
nonriders such as congestion relief on
other modes of transportation serving
each corridor (including congestion in
heavily traveled air passenger
corridors);
``(iv) the amount of State and local
financial support that can reasonably
be anticipated for the improvement of
the line and related facilities; and
``(v) the cooperation of the owner of
the right-of-way that can reasonably be
expected in the operation of high speed
rail passenger service in each
corridor.
``(E) Certain improvements.--Not less than
$250,000 of such set-aside shall be available
per fiscal year for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There
is authorized to be appropriated $15,000,000
for each of fiscal years 1999 through 2003 to
carry out this subsection.''.
(d) Certification of Apportionments.--Section 104(e) of
such title is amended--
(1) by inserting ``Certification of
Apportionments.--'' after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On
October 1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not
made an apportionment under section 104, 144, or 157 by
the 21st day of a fiscal year beginning after September
30, 1998, the Secretary shall transmit, by such 21st
day, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a written statement of the reason for not making such
apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by
paragraph (2) of this subsection) and aligning such
paragraph (1) with paragraph (2) of such section (as
added by paragraph (6) of this subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of
such title is amended--
(1) in paragraph (1) by striking ``Interstate
construction and Interstate substitute programs'' and
inserting ``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this
title'' and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such
title is amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an
apportionment is made of the sums authorized to be
appropriated to carry out the recreational trails
program under section 206, the Secretary shall deduct
an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance
under the recreational trails program and for
administration of the National Recreational Trails
Advisory Committee. The Secretary may enter into
contracts with for-profit organizations or contracts,
partnerships, or cooperative agreements with other
government agencies, institutions of higher learning,
or nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making
the deduction authorized by paragraph (1) of this
subsection, the Secretary shall apportion the remainder
of the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year, among the States in the following manner:
``(A) 50 percent of that amount shall be
apportioned equally among eligible States.
``(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
``(3) Eligible state defined.--In this section, the
term `eligible State' means a State that meets the
requirements of section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such
title is amended by striking subsection (i) and inserting the
following:
``(i) Audits of Highway Trust Fund.--From administrative
funds deducted under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department of
Transportation for the conduct of annual audits of financial
statements in accordance with section 3521 of title 31.''.
(h) Report on Obligations.--Section 104 of such title is
amended by striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
``(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
``(2) the balance, as of the last day of the
preceding fiscal year, of the unobligated
apportionmentof each State by fiscal year under this section and
sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned
or set aside under this section and sections 105, 133,
and 144, according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of
such title is amended by inserting after subsection (j) the
following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made
available under this title and transferred for transit
projects of a type described in section 133(b)(2) shall
be administered by the Secretary in accordance with
chapter 53 of title 49, except that the provisions of
this title relating to the non-Federal share shall
apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made
available under chapter 53 of title 49 and transferred
for highway projects shall be administered by the
Secretary in accordance with this title, except that
the provisions of such chapter relating to the non-
Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs
(1) and (2) shall be transferred in the same manner and
amount as the funds for the projects are
transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Section 104 of such title is amended by adding at the
end the following:
``(l) Effect of Certain Delay in Deposits Into Highway
Trust Fund.--Notwithstanding any other provision of law,
deposits into the Highway Trust Fund resulting from the
application of section 901(e) of the Taxpayer Relief Act of
1997 (111 Stat. 872) shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive underthe Transportation Equity Act
for the 21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is
amended--
(1) by striking ``(f)(1) On'' and inserting the
following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that''
and all that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the
following:
``(2) Apportionment to states of set-aside funds.--
These'';
(4) by striking ``(3) The'' and inserting the
following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the
following:
``(4) Distribution of funds within states.--The'';
and
(6) by aligning the remainder of the text of each
of paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the
first sentence by striking ``, 104(b)(2), and
104(b)(6)'' and inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1) (as so
redesignated)--
(I) by striking ``After the
first year'' and inserting ``In
general''; and
(II) by striking
``104(b)(2), 104(b)(5), and
104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)'';
and
(iv) in paragraph (2) (as
redesignated by clause (ii)) by
striking ``paragraphs (1) and (2) of
this subsection'' and inserting
``paragraph (1)''; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment toany State after
September 30, 1988, shall be available for apportionment to that
State.''.
(3)(A) Section 115(b)(1) of such title is amended
by striking ``104(b)(5)'' and inserting ``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by
striking ``section 104(b)(5)(B) of this title'' and
inserting ``section 104(b)(4)''.
(C) Section 141(c) of such title is amended by
striking ``section 104(b)(5) of this title'' each place
it appears and inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by
striking ``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it
appears and inserting ``(5) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)
of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and
(3)(A) by striking ``section
104(b)(5)(A)'' each place it appears
and inserting ``section 104(b)(5)(A)
(as in effect on the day before the
date of enactment of the Transportation
Equity Act for the 21st Century)'';
(II) in paragraph (1)(A)(ii) by
striking ``section 104(b)(5)(B)'' and
inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of
enactment of the Transportation Equity
Act for the 21st Century)'';
(III) in paragraph (3)(B) by
striking ``(5)(B)'' and inserting
``(5)(B) (as in effect on the day
before the date of enactment of the
Transportation Equity Act for the 21st
Century)''; and
(IV) in paragraphs (3) and (4) by
striking ``section 104(b)(5)'' each
place it appears and inserting
``section 104(b)(5) (as in effect on
the day before the date of enactment of
the Transportation Equity Act for the
21st Century)''.
(F) Section 161(a) of such title is amended by
striking ``paragraphs (1), (3), and (5)(B) of section
104(b)'' each place it appears and inserting
``paragraphs (1), (3), and (4) of section 104(b)''.
(4) Section 142(b) of such title is amended by
striking ``paragraph (5) of subsection (b) of section
104 of this title'' and inserting ``section
104(b)(4)''.
(m) Adjustments for the Surface Transportation Extension
Act of 1997.--
(1) In general.--Notwithstanding any other
provision of law and subject to section 2(c) of the
Surface Transportation Extension Act of 1997, the
Secretary shall ensure that the total apportionments
for a State (other than Massachusetts) for fiscal year
1998 made under the Transportation Equity Act for the
21st Century (including amendments made by such Act)
shall be reduced by the amount apportioned to such
State (other than Massachusetts) under section
1003(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary
shall ensure that any apportionments made to a State
for fiscal year 1998 and adjusted under paragraph (1)
shall first be used to restore in accordance with
section 3(c) of the Surface Transportation Extension
Act of 1997 any funds that a State transferred under
section 3 of such Act.
(3) Insufficient funds for repayment.--If a State
has insufficient funds apportioned in fiscal year 1998
under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) to make
the adjustment required by paragraph (1), then the
Secretary shall make an adjustment to any funds
apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other
provision of law, amounts made available for fiscal
year 1998 by the Transportation Equity Act for the 21st
Century (including amendments made by such Act) for a
program that is continued by both of sections 4, 5, 6,
and 7 of the Surface Transportation Extension Act of
1997 (including amendments made by such sections) and
the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be
reduced by the amount made available by such sections
4, 5, 6, and 7 for such programs.
(5) Treatment of STEA obligation authority.--The
amount of obligation authority made available under
section 2(e) of the Surface Transportation Extension
Act of 1997 shall be considered to be an amount of
obligation authority made available for fiscal year
1998 under section 1102(a) of this Act.
(n) State Defined.--For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ``State'' means
any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the total
apportionments for such fiscal year of Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation, metropolitan
planning, minimum guarantee, high priority projects,
Appalachian development highway system, and recreational trails
programs shall equal the percentage listed for each State in
subsection (b).
``(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
``States: Percentage
Alabama................................................... 2.0269
Alaska.................................................... 1.1915
Arizona................................................... 1.5581
Arkansas.................................................. 1.3214
California................................................ 9.1962
Colorado.................................................. 1.1673
Connecticut............................................... 1.5186
Delaware.................................................. 0.4424
District of Columbia...................................... 0.3956
Florida................................................... 4.6176
Georgia................................................... 3.5104
Hawaii.................................................... 0.5177
Idaho..................................................... 0.7718
Illinois.................................................. 3.3819
Indiana................................................... 2.3588
Iowa...................................................... 1.2020
Kansas.................................................... 1.1717
Kentucky.................................................. 1.7365
Louisiana................................................. 1.5900
Maine..................................................... 0.5263
Maryland.................................................. 1.5087
Massachusetts............................................. 1.8638
Michigan.................................................. 3.1535
Minnesota................................................. 1.4993
Mississippi............................................... 1.2186
Missouri.................................................. 2.3615
Montana................................................... 0.9929
Nebraska.................................................. 0.7768
Nevada.................................................... 0.7248
New Hampshire............................................. 0.5163
New Jersey................................................ 2.5816
New Mexico................................................ 0.9884
New York.................................................. 5.1628
North Carolina............................................ 2.8298
North Dakota.............................................. 0.6553
Ohio...................................................... 3.4257
Oklahoma.................................................. 1.5419
Oregon.................................................... 1.2183
Pennsylvania.............................................. 4.9887
Rhode Island.............................................. 0.5958
South Carolina............................................ 1.5910
South Dakota.............................................. 0.7149
Tennessee................................................. 2.2646
Texas..................................................... 7.2131
Utah...................................................... 0.7831
Vermont................................................... 0.4573
Virginia.................................................. 2.5627
Washington................................................ 1.7875
West Virginia............................................. 1.1319
Wisconsin................................................. 1.9916
Wyoming................................................... 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary
shall apportion 50 percent of the amounts made
available under this section that exceed$2,800,000,000
so that the amount apportioned to each State under this paragraph for
each program referred to in subsection (a) (other than metropolitan
planning, minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is equal
to the amount determined by multiplying the amount to be apportioned
under this paragraph by the ratio that--
``(A) the amount of funds apportioned to
each State for each program referred to in
subsection (a) for a fiscal year; bears to
``(B) the total amount of funds apportioned
to all States for such program for such fiscal
year.
``(2) Remaining distribution.--The Secretary shall
apportion the remainder of funds made available under
this section to the States in accordance with section
104(b)(3); except that requirements of paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned pursuant to this paragraph.
``(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out
this section for each of fiscal years 1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment
under this title for each of fiscal years 1999 through
2003, the Secretary, subject to paragraph (2), shall
adjust the percentages in the table in subsection (b)
to reflect the estimated percentage of estimated tax
payments attributable to highway users in each State
paid into the Highway Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for which
data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial
adjustment.--The Secretary may make an adjustment under
paragraph (1) for a State for a fiscal year only if the
State's return from the HighwayTrust Fund (other than
the Mass Transit Account) for the preceding fiscal year was equal to or
less than 90.5 percent.
``(3) Conforming adjustments.--After making any
adjustments under paragraph (1) for a fiscal year, the
Secretary shall adjust the remaining percentages in the
table set forth in subsection (b) to ensure that the
total of the percentages in the table do not exceed 100
percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's
return from the Highway Trust Fund (other than the Mass
Transit Account) is less than 90.5 percent as a result
of such adjustments and shall adjust the percentages in
the table for such fiscal year accordingly. Adjustments
of the percentages in the table under this paragraph
may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
105 and inserting the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal
year 1999, and each fiscal year thereafter, the Secretary shall
allocate an amount of funds equal to the amount determined
pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) for each of the
for Federal-aid highway and highway safety
construction programs (other than the minimum
guarantee program) for which funds are
allocated from such Trust Fund by the Secretary
under this title and the Transportation Equity
Act for the 21st Century for a fiscal year,
bears to
``(B) the total of all sums authorized to
be appropriated from such Trust Fund for such
programs for such fiscal year;
``(2) multiply the ratio determined under paragraph
(1) by the total amount of funds to be allocated under
subsection (a) for such fiscal year;
``(3) allocate the amount determined under
paragraph (2) among such programs in the ratio that--
``(A) the sums authorized to be
appropriated from such Trust Fund for each of
such programs for such fiscal year, bears to
``(B) the sums authorized to be
appropriated from such Trust Fund for all such
programs for such fiscal year; and
``(4) allocate the remainder of the funds to be
allocated under subsection (a) for such fiscal year to
the States in the ratio that--
``(A) the total of all funds authorized to
be appropriated from such Trust Fund for
Federal-aid highway and highway safety
construction programs that are apportioned to
each State for such fiscal year but for this
section, bears to
``(B) the total of all funds authorized to
be appropriated from such Trust Fund for such
programs that are apportioned to all States for
such fiscal year but for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are
apportioned for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, and the congestion mitigation
air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal
year but for this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to carry out this section for fiscal years beginning
after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and
Interstate Maintenance Program.--TheSecretary shall administer
the National Highway System program and the Interstate Maintenance
program as a combined program for purposes of allowing States maximum
flexibility. References in this Act and title 23, United States Code,
shall not be affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United
States Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the National
Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities depicted on the map submitted
by the Secretary to Congress with the report entitled
`Pulling Together: The National Highway System and its
Connections to Major Intermodal Terminals' and dated
May 24, 1996. The system shall--
``(A) serve major population centers,
international border crossings, ports,
airports, public transportation facilities, and
other intermodal transportation facilities and
other major travel destinations;
``(B) meet national defense requirements;
and
``(C) serve interstate and interregional
travel.
``(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
``(A) The Interstate System described in
subsection (c).
``(B) Other urban and rural principal
arterial routes.
``(C) Other connector highways (including
toll facilities) that provide motor vehicle
access between arterial routes on the National
Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network
consisting of a network of highways that are
important to the United States strategic
defense policy and that provide defense access,
continuity, and emergency capabilities for the
movement of personnel, materials, and equipment
in both peacetime and wartime. The highways may
be highways on or off the Interstate System and
shall be designated by the Secretary in
consultation with appropriate Federal agencies
and the States.
``(E) Major strategic highway network
connectors consisting of highways that provide
motor vehicle access between major military
installations and highways that are part of the
strategic highway network. The highways shall
be designated by the Secretary in consultation
with appropriate Federal agencies and the
States.
``(3) Maximum mileage.--The mileage of highways on
the National Highway System shall not exceed 178,250
miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make
any modification, including any modification
consisting of a connector to a major intermodal
terminal, to the National Highway System that
is proposed by a State or that is proposed by a
State and revised by the Secretary if the
Secretary determines that the modification--
``(i) meets the criteria
established for the National Highway
System under this title; and
``(ii) enhances the national
transportation characteristics of the
National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a
modification under this paragraph, a
State shall cooperate with local and
regional officials.
``(ii) Urbanized areas.--In an
urbanized area, the local officials
shall act through the metropolitan
planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon
the completion of feasibility studies, the Secretary
shall add to the National Highway System any
congressional high priority corridor or any segment of
such a corridor established by section 1105 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031 et seq.) that was not identified
on the National Highway System described in paragraph
(1).
``(6) Eligible projects for nhs.--Subject to
approval by the Secretary, funds apportioned to a State
under section 104(b)(1) for the National Highway System
may be obligated for any of the following:
``(A) Construction, reconstruction,
resurfacing, restoration, and rehabilitation of
segments of the National Highway System.
``(B) Operational improvements for segments
of the National Highway System.
``(C) Construction of, and operational
improvements for, a Federal-aid highway not on
the National Highway System, and construction
of a transit project eligible for assistance
under chapter 53 of title 49, if--
``(i) the highway or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
``(ii) the construction or
improvements will improve the level of
service on the fully access-controlled
highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or
improvements are more cost-effective
than an improvement to the fully
access-controlled highway described in
clause (i).
``(D) Highway safety improvements for
segments of the National Highway System.
``(E) Transportation planning in accordance
with sections 134 and 135.
``(F) Highway research and planning in
accordance with chapter 5.
``(G) Highway-related technology transfer
activities.
``(H) Capital and operating costs for
traffic monitoring, management, and control
facilities and programs.
``(I) Fringe and corridor parking
facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian
walkways in accordance with section 217.
``(L) Development, establishment, and
implementation of management systems under
section 303.
``(M) In accordance with all applicable
Federal law (including regulations),
participation in natural habitat and wetland
mitigation efforts related to projects funded
under this title, which may include
participation in naturalhabitat and wetland
mitigation banks, contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and wetland,
and development of statewide and regional natural habitat and wetland
conservation and mitigation plans, including any such banks, efforts,
and plans authorized under the Water Resources Development Act of 1990
(Public Law 101-640) (including crediting provisions). Contributions to
the mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction; except
that contributions in advance of project construction may occur only if
the efforts are consistent with all applicable requirements of Federal
law (including regulations) and State transportation planning
processes. With respect to participation in a natural habitat or
wetland mitigation effort related to a project funded under this title
that has an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent practicable, to
the use of the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is approved in
accordance with the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995))
or other applicable Federal law (including regulations).
``(N) Publicly-owned intracity or intercity
bus terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, any project eligible for
assistance under section 133, any airport, and
any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower
National System of Interstate and Defense
Highways within the United States (including
the District of Columbia and Puerto Rico)
consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as
provided in clause (ii), highways on
the Interstate System shall be designed
in accordance with the standards of
section 109(b).
``(ii) Exception.--Highways on the
Interstate System in Alaska and Puerto
Rico shall be designed in accordance
with such geometric and construction
standards as are adequate for current
and probable future traffic demands and
the needs of the locality of the
highway.
``(C) Location.--Highways on the Interstate
System shall be located so as--
``(i) to connect by routes, as
direct as practicable, the principal
metropolitan areas, cities, and
industrial centers;
``(ii) to serve the national
defense; and
``(iii) to the maximum extent
practicable, to connect at suitable
border points with routes of
continental importance in Canada and
Mexico.
``(D) Selection of routes.--To the maximum
extent practicable, each route of the
Interstate System shall be selected by joint
action of the State transportation departments
of the State in which the route is located and
the adjoining States, in cooperation with local
andregional officials, and subject to the
approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on
the Interstate System shall not exceed 43,000 miles,
exclusive of designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or
require modifications to the Interstate System in a
manner consistent with the policies and procedures
established under this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary
determines that a highway on the National
Highway System meets all standards of a highway
on the Interstate System and that the highway
is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or
States in which the highway is located,
designate the highway as a route on the
Interstate System.
``(B) Designations as future interstate
system routes.--
``(i) In general.--If the Secretary
determines that a highway on the
National Highway System would be a
logical addition or connection to the
Interstate System and would qualify for
designation as a route on the
Interstate System under subparagraph
(A) if the highway met all standards of
a highway on the Interstate System, the
Secretary may, upon the affirmative
recommendation of the State or States
in which the highway is located,
designate the highway as a future
Interstate System route.
``(ii) Written agreement of
states.--A designation under clause (i)
shall be made only upon the written
agreement of the State or States
described in such clause that the
highway will be constructed to meet all
standards of a highway on the
Interstate System by the date that is
12 years after the date of the
agreement.
``(iii) Removal of designation.--
``(I) In general.--If the
State or States described in
clause (i) have not
substantially completed the
construction of a highway
designated under this
subparagraph within the time
provided for in the agreement
between the Secretary and the
State or States under clause
(ii), the Secretary shall
remove the designation of the
highway as a future Interstate
System route.
``(II) Effect of removal.--
Removal of the designation of a
highway under subclause (I)
shall not preclude the
Secretary from designating the
highway as a route on the
Interstate System under
subparagraph (A) or under any
other provision of law
providing for addition to the
Interstate System.
``(iv) Prohibition on referral as
interstate system route.--No law, rule,
regulation, map, document, or other
record of the United States, or of any
State or political subdivision of a
State, shall refer to any highway
designated as a future Interstate
System route under this subparagraph,
nor shall any such highway be signed or
marked, as a highway on the Interstate
System until such time as thehighway is
constructed to the geometric and construction standards for the
Interstate System and has been designated as a route on the Interstate
System.
``(C) Financial responsibility.--Except as
provided in this title, the designation of a
highway under this paragraph shall create no
additional Federal financial responsibility
with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in
surplus.--
``(A) In general.--Upon application by a
State and approval by the Secretary, the
Secretary may transfer to the apportionment of
the State under section 104(b)(1) any amount of
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation
Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs
of construction of segments of the Interstate
System in the State included in the most recent
Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of
an amount under subparagraph (A), the
construction on which the amount is based, as
included in the most recent Interstate System
cost estimate, shall not be eligible for
funding under section 104(b)(5)(A) (as in
effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century) or 118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary,
the Secretary may transfer to the apportionment of the
State under section 104(b)(1) any amount of surplus
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all work
eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds
transferred under this subsection shall be subject to
the laws (including regulations, policies, and
procedures) relating to the apportionment to which the
funds are transferred.''.
(b) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under
section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act),
shall be available for obligation by the State under the law
(including regulations, policies, and procedures) relating to
the obligation and expenditure of the funds in effect on that
date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States
Code, is amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the
first sentence by striking ``which has been'' and all
that follows through ``and has not'' and inserting
``which is a public road and has not''.
(2)(A) Section 139 of such title, and the item
relating to such section in the analysis for chapter 1
of such title, are repealed.
(B) Section 127(f) of such title is amended by
striking ``section 139(a)'' and inserting ``section
103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597)
is amended by striking subparagraph (B) and inserting
the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts
of the Interstate System under this paragraph
shall be treated in the same manner as segments
designated under section 103(c)(4)(A) of title
23, United States Code.''.
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall--
(A) review the condition of and
improvements made, since the designation of the
National Highway System, to connectors on the
National Highway System that serve seaports,
airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of
such review.
(2) Review.--In preparing the report, the Secretary
shall review the connectors and identify projects
carried out on those connectors that were intended to
provide and improve service to an intermodal facility
referred to in paragraph (1) and to facilitate the
efficient movement of freight, including movements of
freight between modes.
(3) Identification of impediments.--If the
Secretary determines on the basis of the review that
there are impediments to improving the connectors
serving intermodal facilities referred to in paragraph
(1), the Secretary shall identify such impediments and
make any appropriate recommendations as part of the
Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects
for resurfacing, restoring, rehabilitating, and
reconstructing--
``(A) routes on the Interstate System
designated under section 103(c)(1) and, in
Alaska and Puerto Rico, under section
103(c)(4)(A);
``(B) routes on the Interstate System
designated before the date of enactment of the
Transportation Equity Act for the 21st Century
under subsections (a) and (b) of section 139
(as in effect on the day before the date of
enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of
the Intermodal Surface Transportation
Efficiency Act of 1991.
``(2) Toll roads.--The Secretary may approve a
project pursuant to this subsection on a toll road only
if such road is subject to a Secretarial agreement
provided for in section 129 or continued in effect by
section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of
the Surface Transportation andUniform Relocation
Assistance Act of 1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated
to carry out this section shall be out of the Highway
Trust Fund and shall be apportioned in accordance with
section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g)
as subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--
Section 118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$50,000,000 in fiscal year 1998 and $100,000,000 in
each of fiscal years 1999 through 2003 for obligation
by the Secretary for projects for resurfacing,
restoring, rehabilitating, and reconstructing any route
or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate
System under section 139 (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century) and any toll road on
the Interstate System not subject to an agreement under
section 119(e) (as in effect on December 17, 1991).
``(2) Selection criteria.--The amounts set aside
under paragraph (1) shall be made available by the
Secretary to any State applying for such funds if the
Secretary determines that--
``(A) the State has obligated or
demonstrates that it will obligate in the
fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by
itself, is insufficient to pay the Federal
share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted
by the State to the Secretary for approval; and
``(B) the applicant is willing and able
to--
``(i) obligate the funds within 1
year of the date the funds are made
available;
``(ii) apply the funds to a ready-
to-commence project; and
``(iii) in the case of construction
work, begin work within 90 days after
obligation.
``(3) Priority consideration for certain
projects.--In selecting projects to fund under
paragraph (1), the Secretary shall give priority
consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area
or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary
funds.--Sums made available pursuant to this subsection
shall remain available until expended.''.
(c) Interstate Needs.--
(1) Study.--The Secretary shall conduct, in
cooperation with States and affected metropolitan
planning organizations, a study to determine--
(A) the expected condition of the
Interstate System over the next 10 years and
the needs of States and metropolitan planning
organizations to reconstruct and improve the
Interstate System;
(B) the resources necessary to maintain and
improve the Interstate System; and
(C) the means to ensure that the Nation's
surface transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address
any extraordinary needs.
(2) Report.--Not later than January 1, 2000, the
Secretary shall transmit to Congress a report on the
results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive
anti-icing and de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly
owned intracity or intercity bus terminals and
facilities'' and inserting ``, including vehicles and
facilities, whether publicly or privately owned, that
are used to provide intercity passenger service by
bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and
inserting ``bicycle''; and
(B) by inserting before the period at the
end the following: ``, and the modification of
public sidewalks to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.)'';
(4) in paragraph (4) by inserting
``infrastructure'' after ``safety'';
(5) in paragraph (9) by striking ``section
108(f)(1)(A) (other than clauses (xii) and (xvi)) of
the Clean Air Act'' and inserting ``section
108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat
and'' after ``participation in'' each
place it appears;
(ii) by striking ``enhance and
create'' and inserting ``enhance, and
create natural habitats and''; and
(iii) by inserting ``natural
habitat and'' before ``wetlands
conservation''; and
(B) by adding at the end the following:
``With respect to participation in a natural
habitat or wetland mitigation effort related to
a project funded under this title that has an
impact that occurs within the service area of a
mitigation bank, preference shall be given, to
the maximum extent practicable, to the use of
the mitigation bank if the bank contains
sufficient available credits to offset the
impact and the bank is approved in accordance
with the Federal Guidance for the
Establishment, Use and Operation of Mitigation
Banks (60 Fed. Reg. 58605 (November 28, 1995))
or other applicable Federal law (including
regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent
transportation systems capital improvements.
``(14) Environmental restoration and pollution
abatement projects (including the retrofit or
construction of storm water treatment systems) to
address water pollution or environmental degradation
caused or contributed to by transportation facilities,
which projects shall be carried out when the
transportation facilities are undergoing
reconstruction, rehabilitation, resurfacing, or
restoration; except that the expenditure of funds under
this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent
of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.''.
(b) Transportation Enhancement Activities.--Section 133 of
such title is amended--
(1) in subsection (d)(3)(D) by striking ``any
State'' and all that follows through the period at the
end and inserting ``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if
the Secretary'' and all that follows through
``activities''; and
(B) in paragraph (5) by adding at the end
the following:
``(C) Cost sharing.--
``(i) Required aggregate non-
federal share.--The average annual non-
Federal share of the total cost of all
projects to carry out transportation
enhancement activities in a State for a
fiscal year shall be not less than the
non-Federal share authorized for the
State under section 120(b).
``(ii) Innovative financing.--
Subject to clause (i), notwithstanding
section 120--
``(I) funds from other
Federal agencies and the value
of other contributions (as
determined by the Secretary)
may be credited toward the non-
Federal share of the costs of a
project to carry out a
transportation enhancement
activity;
``(II) the non-Federal
share for such a project may be
calculated on a project,
multiple-project, or program
basis; and
``(III) the Federal share
of the cost of an individual
project to which subclause (I)
or (II) applies may be up to
100 percent.''.
(c) Program Approval.--Section 133(e) of such title is
amended by striking paragraph (2) and inserting the following:
``(2) Program approval.--
``(A) Submission of project agreement.--For
each fiscal year, each State shall submit a
project agreement that--
``(i) certifies that the State will
meet all the requirements of this
section; and
``(ii) notifies the Secretary of
the amount of obligations needed to
carry out the program under this
section.
``(B) Request for adjustments of amounts.--
Each State shall request from theSecretary such
adjustments to the amount of obligations referred to in subparagraph
(A)(ii) as the State determines to be necessary.
``(C) Effect of approval by the
secretary.--Approval by the Secretary of a
project agreement under subparagraph (A) shall
be deemed a contractual obligation of the
United States to pay surface transportation
program funds made available under this
title.''.
(d) Payments.--Section 133(e)(3)(A) of such title is
amended by striking the second sentence.
(e) Surface Transportation Program Obligations in Urban
Areas.--Section 133 of such title is amended to read as
follows:
``(f) Obligation Authority.--
``(1) In general.--A State that is required to
obligate in an urbanized area with an urbanized area
population of over 200,000 individuals under subsection
(d) funds apportioned to the State under section
104(b)(3) shall make available during the period of
fiscal years 1998 through 2000 and the period of fiscal
years 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction programs for
use in the area that is equal to the amount obtained by
multiplying--
``(A) the aggregate amount of funds that
the State is required to obligate in the area
under subsection (d) during the period; and
``(B) the ratio that--
``(i) the aggregate amount of
obligation authority distributed to the
State for Federal-aid highways and
highway safety construction programs
during the period; bears to
``(ii) the total of the sums
apportioned to the State for Federal-
aid highways and highway safety
construction programs (excluding sums
not subject to an obligation
limitation) during the period.
``(2) Joint responsibility.--Each State, each
affected metropolitan planning organization, and the
Secretary shall jointly ensure compliance with
paragraph (1).''.
(f) Division of STP Funds for Areas of Less Than 5,000
Population.--
(1) Special rule.--Notwithstanding section 133(c)
of title 23, United States Code, and except as provided
in paragraph (2), up to 15 percent of the amounts
required to be obligated under section 133(d)(3)(B) of
such title for each of fiscal years 1998 through 2003
may be obligated on roads functionally classified as
minor collectors.
(2) Suspension.--The Secretary may suspend the
application of paragraph (1) if the Secretary
determines that paragraph (1) is being used
excessively.
(g) Encouragement of Use of Youth Conservation or Service
Corps.--The Secretary shall encourage the States to enter into
contracts and cooperative agreements with qualified youth
conservation or service corps to perform appropriate
transportation enhancement activities under chapter 1 of title
23, United States Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23,
United States Code, is amended in the fourth sentence by
inserting before the period at the end the following: ``, and,
if a State transfers funds apportioned to the State under this
section in a fiscal year beginning after September 30, 1997, to
any other apportionment of funds to such State under this
title, the total cost of deficient bridges in such State and in
all States to be determined for the succeeding fiscal year
shall be reduced by the amount of such transferred funds''.
(b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of
such title is amended--
(1) by inserting ``(A) Fiscal years 1992 through
1997.--'' before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal year 1998.--Of the amounts
authorized to be appropriated to carry out the
bridge program under this section for fiscal
year 1998, all but $25,000,000 shall be
apportioned as provided in subsection (e) of
this section. Such $25,000,000 shall be
available only for projects for the seismic
retrofit of a bridge described in subsection
(l).
``(C) Fiscal years 1999 through 2003.--Of
the amounts authorized to be appropriated to
carry out the bridge program under this section
for each of fiscal years 1999 through 2003, all
but $100,000,000 shall be apportioned as
provided in subsection (e). Such $100,000,000
shall be available at the discretion of the
Secretary; except that not to exceed
$25,000,000 shall be available only for
projects for the seismic retrofit of bridges,
including projects in the New Madrid fault
region.''; and
(3) by indenting subparagraph (A) (as designated by
paragraph (1) of this subsection) and aligning such
subparagraph (A) with subparagraphs (B) and (C) of such
section (as added by paragraph (2) of this subsection).
(c) Off-System Bridge Set-Aside.--Section 144(g)(3) of such
title is amended--
(1) by striking ``, 1988'' and all that follows
through ``1997,'' and inserting ``through 2003''; and
(2) by striking ``system'' each place it appears
and inserting ``highway''.
(d) Eligibility.--Section 144 of title 23, United States
Code, is amended--
(1) in subsection (d) by inserting after
``magnesium acetate'' the following: ``, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures'';
(2) in subsection (d) by inserting after ``such
acetate'' each place it appears the following: ``or
sodium acetate/formate or such anti-icing or de-icing
composition or installation of such countermeasures'';
and
(3) in subsection (g)(3) by inserting after
``magnesium acetate'' the following: ``, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions or install scour countermeasures''.
(e) Conforming Amendment.--Section 144(n) of such title is
amended by striking ``system'' and inserting ``highway''.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Establishment of Program.--Section 149(a) of title 23,
United States Code, is amended by inserting after ``establish''
the following: ``and implement''.
(b) Currently Eligible Projects.--Section 149(b) of such
title is amended--
(1) by striking ``that was designated as a
nonattainment area under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)) during any part of fiscal
year 1994'' and inserting the following: ``that is or
was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
classified pursuant to section 181(a), 186(a), 188(a),
or 188(b) of the Clean Air Act (42 U.S.C. 7511(a),
7512(a), 7513(a), or 7513(b)) or is or was designated
as a nonattainment area under such section 107(d) after
December 31, 1997,'';
(2) in paragraph (1)(A) by striking ``clauses (xii)
and''; and inserting ``clause'';
(3) in paragraph (1)(A)(ii) by striking ``an area''
and all that follows through the semicolon and
inserting ``a maintenance area;'';
(4) by striking ``or'' at the end of paragraph (3);
(5) by striking ``standard.'' at the end of
paragraph (4) and inserting ``standard; or''; and
(6) by inserting after paragraph (4) the following:
``(5) if the program or project improves traffic
flow, including projects to improve signalization,
construct high occupancy vehicle lanes, improve
intersections, and implement intelligent transportation
system strategies and such other projects that are
eligible for assistance under this section on the day
before the date of enactment of this paragraph.''.
(c) States Receiving Minimum Apportionment.--Section 149 of
such title is amended by striking subsection (c) and inserting
the following:
``(c) States Receiving Minimum Apportionment.--
``(1) States without a nonattainment area.--If a
State does not have, and never has had, a nonattainment
area designated under the Clean Air Act (42 U.S.C. 7401
et seq.), the State may use funds apportioned to the
State under section 104(b)(2) for any project eligible
under the surface transportation program under section
133.
``(2) States with a nonattainment area.--If a State
has a nonattainment area or maintenance area and
receives funds under section 104(b)(2)(D) above the
amount of funds that the State would have received
based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds
not based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2) for any project in the State eligible under
section 133.''.
(d) Public-Private Partnerships.--
(1) In general.--Section 149 of such title is
amended by adding at the end the following:
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other
provision of this title and in accordance with this
subsection, a metropolitan planning organization, State
transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
carried out under this section.
``(2) Forms of participation by entities.--
Participation by an entity under paragraph (1) may
consist of--
``(A) ownership or operation of any land,
facility, vehicle, or other physical asset
associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration,
construction management, project management,
project operation, or any other management or
operational duty associated with the project;
and
``(D) any other form of participation
approved by the Secretary.
``(3) Allocation to entities.--A State may allocate
funds apportioned under section 104(b)(2) to an entity
described in paragraph (1).
``(4) Alternative fuel projects.--In the case of a
project that will provide for the use of alternative
fuels by privately owned vehicles or vehiclefleets,
activities eligible for funding under this subsection--
``(A) may include the costs of vehicle
refueling infrastructure, including
infrastructure that would support the
development, production, and use of emerging
technologies that reduce emissions of air
pollutants from motor vehicles, and other
capital investments associated with the
project;
``(B) shall include only the incremental
cost of an alternative fueled vehicle, as
compared to a conventionally fueled vehicle,
that would otherwise be borne by a private
party; and
``(C) shall apply other governmental
financial purchase contributions in the
calculation of net incremental cost.
``(5) Prohibition on federal participation with
respect to required activities.--A Federal
participation payment under this subsection may not be
made to an entity to fund an obligation imposed under
the Clean Air Act (42 U.S.C. 7401 et seq.) or any other
Federal law.''.
(2) Determination by the secretary.--For the
purposes of section 149(c) of title 23, United States
Code, the Secretary shall determine in accordance with
the procedures specified in section 149(b) of such
title whether water-phased hydrocarbon fuel emulsion
technologies that consist of a hydrocarbon base and
water in an amount not less than 20 percent by volume
that reduce emissions of hydrocarbon, particulate
matter, carbon monoxide, or nitrogen oxide from motor
vehicles.
(e) Study of CMAQ Program.--
(1) In general.--The Secretary and the
Administrator of the Environmental Protection Agency
shall enter into arrangements with the National Academy
of Sciences to complete, by not later than January 1,
2001, a study of the congestion mitigation and air
quality improvement program under section 149 of title
23, United States Code. The study shall, at a minimum--
(A) evaluate the air quality impacts of
emissions from motor vehicles;
(B) evaluate the negative effects of
traffic congestion, including the economic
effects of time lost due to congestion;
(C) determine the amount of funds obligated
under the program and make a comprehensive
analysis of the types of projects funded under
the program;
(D) evaluate the emissions reductions
attributable to projects of various types that
have been funded under the program;
(E) assess the effectiveness, including the
quantitative and non-quantitative benefits, of
projects funded under the program and include,
in the assessment, an estimate of the cost per
ton of pollution reduction;
(F) assess the cost effectiveness of
projects funded under the program with respect
to congestion mitigation;
(G) compare--
(i) the costs of achieving the air
pollutant emissions reductions achieved
under the program; to
(ii) the costs that would be
incurred if similar reductions were
achieved by other measures, including
pollution controls on stationary
sources;
(H) include recommendations on
improvements, including other types of
projects, that will increase the overall
effectiveness of the program;
(I) include recommendations on expanding
the scope of the program to address traffic-
related pollutants that, as of the date of the
study, are not addressed by the program.
(2) Report.--Not later than January 1, 2000, the
National Academy of Sciences shall transmit to the
Secretary, the Committee on Transportation and
Infrastructure and the Committee on Commerce of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate a report on
the results of the study with recommendations for
modifications to the congestion mitigation and air
quality improvement program in light of the results of
the study.
(3) Funding.--Before making the apportionment of
funds under section 104(b)(2) of title 23, United
States Code, for each of fiscal years 1999 and 2000,
the Secretary shall deduct from the amount to be
apportioned under such section for such fiscal year,
and make available, $500,000 for such fiscal year to
carry out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) State-Determined Lower Federal Share.--Section 120 of
title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Except'' and inserting
the following:
``(1) In general.--Except'';
(B) by adding at the end the following:
``(2) State-determined lower federal share.--In the
case of any project subject to paragraph (1), a State
may determine a lower Federal share than the Federal
share determined under such paragraph.''; and
(C) by aligning the remainder of the text
of paragraph (1) (as designated by subparagraph
(A) of this paragraph) with paragraph (2) of
such subsection (as added by subparagraph (B)
of this paragraph); and
(2) in subsection (b) by adding at the end the
following: ``In the case of any project subject to this
subsection, a State may determine a lower Federal share
than the Federal share determined under the preceding
sentences of this subsection.''.
(b) Increased Federal Share for Certain Safety Projects.--
The first sentence of section 120(c) of such title is amended
by inserting ``or transit vehicles'' after ``emergency
vehicles''.
(c) Credit for Non-Federal Share.--Section 120 of such
title is amended by adding at the end the following:
``(j) Credit for Non-Federal Share.--
``(1) Eligibility.--A State may use as a credit
toward the non-Federal share requirement for any funds
made available to carry out this title (other than the
emergency relief program authorized by section 125) or
chapter 53 of title 49 toll revenues that are generated
and used by public, quasi-public, and private agencies
to build, improve, or maintain highways, bridges, or
tunnels that serve the public purpose of interstate
commerce. Such public, quasi-public, or private
agencies shall have built, improved, or maintained such
facilities without Federal funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-
Federal share provided under this subsection
shall not reduce nor replace State funds
required to match Federal funds for any program
under this title.
``(B) Condition on receipt of credit.--To
receive a credit under paragraph (1) for a
fiscal year, a State shall enter into such
agreement as the Secretary may require to
ensure that the State will maintain its non-
Federal transportation capital expenditures in
such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal
years; except that if, for any 1 of the
preceding 3 fiscal years, the non-Federal
transportation capital expenditures of the
State were at a level that was greater than 130
percent of the average level of such
expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that
the State will maintain its non-Federal
transportation capital expenditures in the
fiscal year of the credit at or above the
average level of such expenditures for the
other 2 fiscal years.
``(C) Transportation capital expenditures
defined.--In subparagraph (B), the term `non-
Federal transportation capital expenditures'
includes any payments made by the State for
issuance of transportation-related bonds.
``(3) Treatment.--
``(A) Limitation on liability.--Use of a
credit for a non-Federal share under this
subsection that is received from a public,
quasi-public, or private agency--
``(i) shall not expose the agency
to additional liability, additional
regulation, or additional
administrative oversight; and
``(ii) shall not subject the agency
to any additional Federal design
standards or laws (including
regulations) as a result of providing
the non-Federal share other than those
to which the agency is already subject.
``(B) Chartered multistate agencies.--When
a credit that is received from a chartered
multistate agency is applied to a non-Federal
share under this subsection, such credit shall
be applied equally to all charter States.''.
(d) Conforming Amendments.--Section 130(a) of such title is
amended--
(1) in the first sentence by striking ``Except as
provided in subsection (d) of section 120 of this
title'' and inserting ``Subject to section 120''; and
(2) in the second sentence by striking ``except as
provided in subsection (d) of section 120 of this
title'' and inserting ``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motorized recreation.--The term `motorized
recreation' means off-road recreation using any motor-
powered vehicle, except for a motorized wheelchair.
``(2) Recreational trail.--The term `recreational
trail' means a thoroughfare or track across land or
snow, used for recreational purposes such as--
``(A) pedestrian activities, including
wheelchair use;
``(B) skating or skateboarding;
``(C) equestrian activities, including
carriage driving;
``(D) nonmotorized snow trail activities,
including skiing;
``(E) bicycling or use of other human-
powered vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities,
including all-terrain vehicle riding,
motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road
motorized vehicles.
``(b) Program.--In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program to
provide and maintain recreational trails.
``(c) State Responsibilities.--To be eligible for
apportionments under this section--
``(1) the Governor of the State shall designate the
State agency or agencies that will be responsible for
administering apportionments made to the State under
this section; and
``(2) the State shall establish a State
recreational trail advisory committee that represents
both motorized and nonmotorized recreational trail
users, which shall meet not less often than once per
fiscal year.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds apportioned to a State to
carry out this section shall be obligated for
recreational trails and related projects that--
``(A) have been planned and developed under
the laws, policies, and administrative
procedures of the State; and
``(B) are identified in, or further a
specific goal of, a recreational trail plan, or
a statewide comprehensive outdoor recreation
plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.), that is in effect.
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
``(A) maintenance and restoration of
existing recreational trails;
``(B) development and rehabilitation of
trailside and trailhead facilities and trail
linkages for recreational trails;
``(C) purchase and lease of recreational
trail construction and maintenance equipment;
``(D) construction of new recreational
trails, except that, in the case of new
recreational trails crossing Federal lands,
construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and required by a
statewide comprehensive outdoor
recreation plan that is required by the
Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.) and
that is in effect;
``(iii) approved by the
administering agency of the State
designated under subsection (c)(1); and
``(iv) approved by each Federal
agency having jurisdiction over the
affected lands under such terms and
conditions as the head of the Federal
agency determines to be appropriate,
except that the approval shall be
contingent on compliance by the Federal
agency with all applicable laws,
including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.), and the
Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
``(E) acquisition of easements and fee
simple title to property for recreational
trails or recreational trail corridors;
``(F) payment of costs to the State
incurred in administering the program, but in
an amount not to exceed 7 percent of the
apportionment made to the State for the fiscal
year to carry out this section; and
``(G) operation of educational programs to
promote safety and environmental protection as
those objectives relate to the use of
recreational trails, but in an amount not to
exceed 5 percent of the apportionment made to
the State for the fiscal year.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), of the
apportionments made to a State for a fiscal
year to carry out this section--
``(i) 40 percent shall be used for
recreational trail or related projects
that facilitate diverse recreational
trail use within a recreational trail
corridor, trailside, or trailhead,
regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate
both motorized and nonmotorized
recreational trail use;
``(ii) 30 percent shall be used for
uses relating to motorized recreation;
and
``(iii) 30 percent shall be used
for uses relating to nonmotorized
recreation.
``(B) Small state exclusion.--Any State
with a total land area of less than 3,500,000
acres shall be exempt from the requirements of
clauses (ii) and (iii) of subparagraph (A).
``(C) Waiver authority.--A State
recreational trail advisory committee
established under subsection (c)(2), may waive,
in whole or in part, the requirements of
clauses (ii) and (iii) of subparagraph (A) if
the State recreational trail advisory committee
determines and notifies the Secretary that the
State does not have sufficient projects to meet
the requirements of clauses (ii) and (iii) of
subparagraph (A).
``(D) State administrative costs.--State
administrative costs eligible for funding under
paragraph (2)(F) shall be exempt from the
requirements of subparagraph (A).
``(4) Grants.--
``(A) In general.--A State may use funds
apportioned to the State to carry out this
section to make grants to private
organizations, municipal, county, State, and
Federal government entities, and other
government entities as approved by the State
after considering guidance from the State
recreational trail advisory committee
established under subsection (c)(2), for uses
consistent with this section.
``(B) Compliance.--A State that makes
grants under subparagraph (A) shall establish
measures to verify that recipients of the
grants comply with the conditions of the
program for the use of grant funds.
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of this
section, a State should give consideration to project proposals
that provide for the redesign, reconstruction, nonroutine
maintenance, or relocation of recreational trails to benefit
the natural environment or to mitigate and minimize the impact
to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions
of this subsection, the Federal share of the cost of a
project under this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--
Notwithstanding any other provision of law, a Federal
agency that sponsors a project under this section may
contribute additional Federal funds toward the cost of
a project, except that--
``(A) the share attributable to the
Secretary of Transportation may not exceed 80
percent of the cost of a project under this
section; and
``(B) the share attributable to the
Secretary and the Federal agency may not exceed
95 percent of the cost of a project under this
section.
``(3) Use of funds from federal programs to provide
non-federal share.--Notwithstanding any other provision
of law, the non-Federal share of the cost of the
project may include amounts made available by the
Federal Government under any Federal program that are--
``(A) expended in accordance with the
requirements of the Federal program relating to
activities funded and populations served; and
``(B) expended on a project that is
eligible for assistance under this section.
``(4) Programmatic non-federal share.--A State may
allow adjustments to the non-Federal share of an
individual project for a fiscal year under this section
if the Federal share of the cost of all projects
carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds
apportioned to the State for the fiscal year does not
exceed 80 percent.
``(5) State administrative costs.--The Federal
share of the administrative costs of a State under this
subsection shall be determined in accordance with
section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
``(1) condemnation of any kind of interest in
property;
``(2) construction of any recreational trail on
National Forest System land for any motorized use
unless--
``(A) the land has been designated for uses
other than wilderness by an approved forest
land and resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise
consistent with the management direction in the
approved forest land and resource management
plan;
``(3) construction of any recreational trail on
Bureau of Land Management land for any motorized use
unless the land--
``(A) has been designated for uses other
than wilderness by an approved Bureau of Land
Management resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise
consistent with the management direction in the
approved management plan; or
``(4) upgrading, expanding, or otherwise
facilitating motorized use or access to recreational
trails predominantly used by nonmotorized recreational
trail users and on which, as of May 1, 1991, motorized
use was prohibited or had not occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials,
services, or new right-of-way.--
``(A) In general.--Nothing in this title or
other law shall prevent a project sponsor from
offering to donate funds, materials, services,
or a new right-of-way for the purposes of a
project eligible for assistance under this
section. Any funds, or the fair market value of
any materials, services, or new right-of-way,
may be donated by any project sponsor and shall
be credited to the non-Federal share in
accordance with subsection (f).
``(B) Federal project sponsors.--Any funds
or the fair market value of any materials or
services may be provided by a Federal project
sponsor and shall be credited to the Federal
agency's share in accordance with subsection
(f).
``(2) Recreational purpose.--A project funded under
this section is intended to enhance recreational
opportunity and is not subject to section 138 of this
title or section 303 of title 49.
``(3) Continuing recreational use.--At the option
of each State, funds apportioned to the State to carry
out this section may be treated as Land and Water
Conservation Fund apportionments for the purposes of
section 6(f)(3) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition
of making available apportionments for work on
recreational trails that would affect privately
owned land, a State shall obtain written
assurances that the owner of the land will
cooperate with the State and participate as
necessary in the activities to be conducted.
``(B) Public access.--Any use of the
apportionments to a State to carry out this
section on privately owned land must be
accompanied by an easement or other legally
binding agreement that ensures public access to
the recreational trail improvements funded by
the apportionments.
``(i) Contract Authority.--Funds authorized to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1, except
that the Federal share of the cost ofa project under this
section shall be determined in accordance with this section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the
Intermodal Surface Transportation Efficiency Act of 1991 (16
U.S.C. 1261) is repealed.
(d) Termination of Advisory Committee.--Section 1303 of
such Act (16 U.S.C. 1262) is amended by adding at the end the
following:
``(j) Termination.--The advisory committee established by
this section shall terminate on September 30, 2000.''.
(e) Encouragement of Use of Youth Conservation or Service
Corps.--The Secretary shall encourage the States to enter into
contracts and cooperative agreements with qualified youth
conservation or service corps to perform construction and
maintenance of recreational trails under section 206 of title
23, United States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United
States Code, is amended in the first sentence by striking
``highway system'' and inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of such title is
amended--
(1) by redesignating subsections (b), (c), and (d)
as subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the
following:
``(a) General Eligibility.--Subject to this section and
section 120, an emergency fund is authorized for expenditure by
the Secretary for the repair or reconstruction of highways,
roads, and trails, in any part of the United States, including
Indian reservations, that the Secretary finds have suffered
serious damage as a result of--
``(1) natural disaster over a wide area, such as by
a flood, hurricane, tidal wave, earthquake, severe
storm, or landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds
be used pursuant to this section for the repair or
reconstruction of bridges that have been permanently closed to
all vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to establish the fund authorized by this section and
to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to
be obligated in any 1 fiscal year commencing after
September 30, 1980, to carry out the provisions of this
section; except that, if in any fiscal year the total
of all obligations under this section is less than the
amount authorized to be obligated in such fiscal year,
the unobligated balance of such amount shall remain
available until expended and shall be in addition to
amounts otherwise available to carry out this section
each year.
``(2) Pending such appropriation or replenishment,
the Secretary may obligate from any funds heretofore or
hereafter appropriated for obligation in accordance
with this title, including existing Federal-aid
appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized.
Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.'';
(3) in subsection (d) (as so redesignated)--
(A) in the first sentence by striking
``reconstruction of highways'' and all that
followsthrough ``in accordance'' and inserting
``reconstruction of highways on Federal-aid highways in accordance'';
(B) by striking ``subsection (c)'' both
places it appears and inserting ``subsection
(e)'';
(C) in the second sentence by striking
``authorized'' and all that follows through the
period and inserting ``authorized on Federal-
aid highways.''; and
(D) in the last sentence by striking
``Disaster Relief and Emergency Assistance Act
(Public Law 93-288)'' and inserting ``Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)''; and
(4) in subsection (e) (as so redesignated) by
striking ``on any of the Federal-aid highway systems''
and inserting ``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct any
portion of a Federal-aid primary route in San Mateo County,
California, that--
(1) was destroyed as a result of a combination of
storms in the winter of 1982-1983 and a mountain slide;
and
(2) until its destruction, served as the only
reasonable access route between 2 cities and as the
designated emergency evacuation route of 1 of the
cities;
shall be eligible for assistance under section 125(a) of title
23, United States Code, if the project complies with the local
coastal plan.
(d) Technical Amendments.--Section 120(e) of such title is
amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States
Code, is amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) State Defined.--In this section, the term `State'
means the 50 States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
``(2) Allocation of funds.--Funds made available to
carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary.
``(3) Conditions on funds allocated to internal
revenue service.--The Secretary shall not impose any
condition on the use of funds allocated to the Internal
Revenue Service under this subsection.
``(4) Limitation on use of funds.--Funds made
available to carry out this section shall be used
only--
``(A) to expand efforts to enhance motor
fuel tax enforcement;
``(B) to fund additional Internal Revenue
Service staff, but only to carry out functions
described in this paragraph;
``(C) to supplement motor fuel tax
examinations and criminal investigations;
``(D) to develop automated data processing
tools to monitor motor fuel production and
sales;
``(E) to evaluate and implement
registration and reporting requirements for
motor fuel taxpayers;
``(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts; and
``(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes.
``(5) Maintenance of effort.--The Secretary may not
make an allocation to a State under this subsection for
a fiscal year unless the State certifies that the
aggregate expenditure of funds of the State, exclusive
of Federal funds, for motor fuel tax enforcement
activities will be maintained at a level that does not
fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost
of a project carried out under this subsection shall be
100 percent.
``(7) Period of availability.--Funds authorized to
carry out this section shall remain available for
obligation for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.
``(8) Use of surface transportation program
funding.--In addition to funds made available to carry
out this section, a State may, expend up to \1/4\ of 1
percent of the funds apportioned to the State for a
fiscal year under section 104(b)(3) on initiatives to
halt the evasion of payment of motor fuel taxes.
``(c) Excise Fuel Reporting System.--
``(1) In general.--Not later than April 1, 1998,
the Secretary shall enter into a memorandum of
understanding with the Commissioner of the Internal
Revenue Service for the purposes of the development and
maintenance by the Internal Revenue Service of an
excise fuel reporting system (in this subsection
referred to as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall
develop and maintain the system through
contracts;
``(B) the system shall be under the control
of the Internal Revenue Service; and
``(C) the system shall be made available
for use by appropriate State and Federal
revenue, tax, and law enforcement authorities,
subject to section 6103 of the Internal Revenue
Code of 1986.
``(3) Funding.--Of the amounts made available to
carry out this section for each of fiscal years 1998
through 2003, the Secretary shall make available
sufficient funds to the Internal Revenue Service to
establish and operate an automated fuel reporting
system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is
amended by striking the item relating to section 143
and inserting the following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 1992) is repealed.
(3) Section 8002 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 2203) is amended--
(A) in the first sentence of subsection (g)
by striking ``section 1040 of this Act'' and
inserting ``section 143 of title 23, United
States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, thefunds
appropriated to any Federal land management agency may be used to pay
the non-Federal share of the cost of any Federal-aid highway project
the Federal share of which is funded under section 104.
``(k) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the Federal lands
highways program under section 204 may be used to pay the non-
Federal share of the cost of any project that is funded under
section 104 and that provides access to or within Federal or
Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--''
after ``(d)'';
(2) by inserting ``(1) For fiscal years ending
before october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the
following: ``ending before October 1, 1999'';
(4) by adding at the end the following:
``(2) Fiscal year 2000 and thereafter.--
``(A) In general.--All funds authorized to
be appropriated for Indian reservation roads
shall be allocated among Indian tribes for
fiscal year 2000 and each subsequent fiscal
year in accordance with a formula established
by the Secretary of the Interior under a
negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5.
``(B) Regulations.--Notwithstanding
sections 563(a) and 565(a) of title 5, the
Secretary of the Interior shall issue
regulations governing the Indian reservation
roads program, and establishing the funding
formula for fiscal year 2000 and each
subsequent fiscal year under this paragraph, in
accordance with a negotiated rulemaking
procedure under subchapter III of chapter 5 of
title 5. The regulations shall be issued in
final form not later than April 1, 1999, and
shall take effect not later than October 1,
1999.
``(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee
to carry out subparagraph (B), the Secretary of
the Interior shall--
``(i) apply the procedures under
subchapter III of chapter 5 of title 5
in a manner that reflects the unique
government-to-government relationship
between the Indian tribes and the
United States; and
``(ii) ensure that the membership
of the committee includes only
representatives of the Federal
Government and of geographically
diverse small, medium, and large Indian
tribes.
``(D) Basis for funding formula.--The
funding formula established for fiscal year
2000 and each subsequent fiscal year under this
paragraph shall be based on factors that
reflect--
``(i) the relative needs of the
Indian tribes, and reservation or
tribal communities, for transportation
assistance; and
``(ii) the relative administrative
capacities of, and challenges faced by,
various Indian tribes, including the
cost of road construction in each
Bureau of Indian Affairs area,
geographic isolation and difficulty in
maintaining all-weather access to
employment, commerce, health, safety,
and educational resources.
``(3) Contracts and agreements with indian
tribes.--
``(A) In general.--Notwithstanding any
other provision of law or any interagency
agreement, program guideline, manual, or policy
directive, all funds made available under this
title for Indian reservation roads and for
highway bridges located on Indian reservation
roads to pay for the costs of programs,
services, functions, and activities, or
portions thereof, that are specifically or
functionally related to the cost of planning,
research, engineering, and construction of any
highway, road, bridge, parkway, or transit
facility that provides access to or is located
within the reservation or community of an
Indian tribe shall be made available, upon
request of the Indian tribal government, to the
Indian tribal government for contracts and
agreements for such planning, research,
engineering, and construction in accordance
with the Indian Self-Determination and
Education Assistance Act.
``(B) Exclusion of agency participation.--
Funds for programs, functions, services, or
activities, or portions thereof, including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) apply, shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
Interior that has previously carried out such
programs, functions, services, or activities.
``(4) Reservation of funds.--
``(A) Nationwide priority program.--The
Secretary shall establish a nationwide priority
program for improving deficient Indian
reservation road bridges.
``(B) Reservation.--Of the amounts
authorized to be appropriated for Indian
reservation roads for each fiscal year, the
Secretary, in cooperation with the Secretary of
the Interior, shall reserve not less than
$13,000,000 for projects to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate to, apply
sodium acetate/formate deicer to, or install
scour countermeasures for deficient Indian
reservation road bridges, including multiple-
pipe culverts.
``(C) Eligible bridges.--To be eligible to
receive funding under this subsection, a bridge
described in subparagraph (A) must--
``(i) have an opening of 20 feet or
more;
``(ii) be on an Indian reservation
road;
``(iii) be unsafe because of
structural deficiencies, physical
deterioration, or functional
obsolescence; and
``(iv) be recorded in the national
bridge inventory administered by the
Secretary under subsection (b).
``(D) Approval requirement.--Funds to carry
out Indian reservation road bridge projects
under this subsection shall be made available
only on approval of plans, specifications, and
estimates by the Secretary.''; and
(5) by indenting paragraph (1) (as designated by
paragraph (2) of this paragraph) and aligning paragraph
(1) with paragraphs (2), (3), and (4) (as added by
paragraph (4) of this paragraph).
(c) Availability of Funds.--Section 203 of such title is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, the authorization by the Secretary
of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal
lands highways program project,shall be deemed to constitute a
contractual obligation of the Federal Government to pay the Federal
share of the cost of the project.''.
(d) Planning and Agency Coordination.--Section 204 of such
title is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all
Federal roads that are public roads to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways, there is established a
coordinated Federal lands highways program that shall
apply to public lands highways, park roads and
parkways, and Indian reservation roads and bridges.
``(2) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
develop, by rule, transportation planning procedures
that are consistent with the metropolitan and statewide
planning processes required under sections 134 and 135.
``(3) Approval of transportation improvement
program.--The transportation improvement program
developed as a part of the transportation planning
process under this section shall be approved by the
Secretary.
``(4) Inclusion in other plans.--All regionally
significant Federal lands highways program projects--
``(A) shall be developed in cooperation
with States and metropolitan planning
organizations; and
``(B) shall be included in appropriate
Federal lands highways program, State, and
metropolitan plans and transportation
improvement programs.
``(5) Inclusion in state programs.--The approved
Federal lands highways program transportation
improvement program shall be included in appropriate
State and metropolitan planning organization plans and
programs without further action on the transportation
improvement program.
``(6) Development of systems.--The Secretary and
the Secretary of each appropriate Federal land
management agency shall, to the extent appropriate,
develop by rule safety, bridge, pavement, and
congestion management systems for roads funded under
the Federal lands highways program.'';
(2) in subsection (b) by striking the first 3
sentences and inserting the following: ``Funds
available for public lands highways, park roads and
parkways, and Indian reservation roads shall be used by
the Secretary and the Secretary of the appropriate
Federal land management agency to pay for the cost of
transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or
of transit facilities within public lands, national
parks, and Indian reservations. In connection with
activities under the preceding sentence, the Secretary
and the Secretary of the appropriate Federal land
management agency may enter into construction contracts
and other appropriate contracts with a State or civil
subdivision of a State or Indian tribe.'';
(3) in the first sentence of subsection (e) by
striking ``Secretary of the Interior'' and inserting
``Secretary of the appropriate Federal land management
agency'';
(4) in subsection (h) by adding at the end the
following:
``(8) A project to build a replacement of the
federally owned bridge over the Hoover Dam in theLake
Mead National Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the
following:
``(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
``(1) Administrative costs.--The Secretary shall
transfer to the appropriate Federal land management
agency from amounts made available for public lands
highways such amounts as are necessary to pay necessary
administrative costs of the agency in connection with
public lands highways.
``(2) Transportation planning costs.--The Secretary
shall transfer to the appropriate Federal land
management agency from amounts made available for
public lands highways such amounts as are necessary to
pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding
for the planning is not otherwise provided under this
section.''; and
(6) in subsection (j) by striking the second
sentence and inserting the following: ``The Indian
tribal government, in cooperation with the Secretary of
the Interior, and as appropriate, with a State, local
government, or metropolitan planning organization,
shall carry out a transportation planning process in
accordance with subsection (a).''.
(e) Refuge Roads.--
(1) Authorizations.--Section 201 of such title is
amended in the first sentence by inserting ``refuge
roads,'' before ``public lands highways,''.
(2) Allocations.--Section 202 of such title is
amended by adding at the end the following:
``(e) Refuge Roads.--On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that
fiscal year for refuge roads according to the relative needs of
the various refuges in the National Wildlife Refuge System, and
taking into consideration--
``(1) the comprehensive conservation plan for each
refuge;
``(2) the need for access as identified through
land use planning; and
``(3) the impact of land use planning on existing
transportation facilities.''.
(3) Availability of funds.--Section 203 of such
title is amended in the first and fourth sentences--
(A) by striking ``for,'' and inserting
``for''; and
(B) by inserting ``refuge roads,'' after
``parkways,'' each place it appears.
(4) Use of funding.--Section 204 of such title is
amended by adding at the end the following:
``(k) Refuge Roads.--
``(1) In general.--Notwithstanding any other
provision of this title, funds made available for
refuge roads shall be used by the Secretary and the
Secretary of the Interior only to pay the cost of--
``(A) maintenance and improvements of
refuge roads;
``(B) maintenance and improvements of
eligible projects described in paragraphs (2),
(5), (6) of subsection (h) that are located in
or adjacent to wildlife refuges; and
``(C) administrative costs associated with
such maintenance and improvements.
``(2) Contracts.--In carrying out paragraph (1),
the Secretary and the Secretary of the Interior, as
appropriate, may enter into contracts with a State or
civil subdivision of a State or Indian tribe as is
determined advisable.
``(3) Compliance with other law.--Funds made
available for refuge roads shall be used only for
projects that are in compliance with the
NationalWildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 628) is
amended--
(1) in paragraph (3) by striking ``, including
approaches thereto''; and
(2) in paragraph (5) by striking ``to be determined
under section 407. Such'' and all that follows through
the period at the end and inserting the following: ``as
described in the record of decision executed by the
Secretary in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The term
includes ongoing short-term rehabilitation and repairs
to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1)
of such Act (109 Stat. 630) is amended by inserting
``or any Capital Region jurisdiction'' after
``Authority'' each place it appears.
(2) Agreement.--Section 407 of such Act (109 Stat.
630) is amended by striking subsection (c) and
inserting the following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in
subsection (a) is an agreement concerning the Project
that is executed by the Secretary and the Authority or
any Capital Region jurisdiction that accepts ownership
of the new bridge.
``(2) Terms of the agreement.--The agreement
shall--
``(A) identify whether the Authority or a
Capital Region jurisdiction will accept
ownership of the new bridge;
``(B) contain a financial plan satisfactory
to the Secretary, which shall be prepared
before the execution of the agreement, that
specifies--
``(i) the total cost of the
Project, including any cost-saving
measures;
``(ii) a schedule for
implementation of the Project,
including whether any expedited design
and construction techniques will be
used; and
``(iii) the sources of funding that
will be used to cover any costs of the
Project not funded from funds made
available under section 412;
``(C) require that--
``(i) the Project include not more
than 12 traffic lanes, including 8
general purpose lanes, 2 merging/
diverging lanes, and 2 high occupancy
vehicle, express bus, or rail transit
lanes;
``(ii) the design, construction,
and operation of the Project reflect
the requirements of clause (i);
``(iii) all provisions described in
the environmental impact statement for
the Project or the record of decision
for the Project (including in the
attachments to the statement and
record) for mitigation of environmental
and other impacts of the Project be
implemented; and
``(iv) the Authority and the
Capital Region jurisdictions develop a
process to integrate affected local
governments, on an ongoing basis, in
the process of carrying out the
engineering, design, and construction
phases of the project, including
planning for implementing the
provisions described in clause (iii);
and
``(D) contain such other terms and
conditions as the Secretary determines to be
appropriate.''.
(c) Federal Contribution.--Such Act (109 Stat. 627) is
amended by adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Funding.--
``(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $25,000,000 for fiscal year
1998, $75,000,000 for fiscal year 1999, $150,000,000
for fiscal year 2000, $200,000,000 for fiscal year
2001, $225,000,000 for fiscal year 2002, and
$225,000,000 for fiscal year 2003 to pay the costs of
planning, preliminary engineering and design, final
engineering, acquisition of rights-of-way, and
construction of the Project; except that the costs
associated with the Bridge shall be given priority over
other eligible costs, other than design costs, of the
Project.
``(2) Contract authority.--Funds authorized by this
section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1
of title 23, United States Code; except that--
``(A) the funds shall remain available
until expended;
``(B) the Federal share of the cost of the
Bridge component of the Project shall not
exceed 100 percent; and
``(C) the Federal share of the cost of any
other component of the Project shall not exceed
80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title
limits the authority of any Capital Region jurisdiction to use
funds apportioned to the jurisdiction under paragraphs (1) and
(3) of section 104(b) of title 23, United States Code, in
accordance with the requirements for such funds, to pay any
costs of the Project.
``(c) Availability of Apportioned Funds.--None of the funds
made available under this section shall be available for
construction before the execution of the agreement described in
section 407(c), except that the Secretary may fund the
maintenance and rehabilitation of the Bridge, the design of the
Project, and right-of-way acquisition, including early
acquisition of construction staging areas.''.
(d) Conforming Amendment.--Section 405(b)(1) of such Act
(109 Stat. 629) is amended by striking ``the Signatories as to
the Federal share of the cost of the Project and the terms and
conditions related to the timing of the transfer of the Bridge
to''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds
made available by section 102 of this Act for fiscal years 1998
through 2003 among the States based on the latest available
cost to complete estimate for the Appalachian development
highway system under section 201 of the Appalachian Regional
Development Act of 1965 prepared by the Appalachian Regional
Commission. Such funds shall be available to construct highways
and access roads under section 201 of the Appalachian Regional
Development Act of 1965.
(b) Applicability of Title 23.--Funds authorized by section
102 of this Act for the Appalachian development highway system
shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share of the cost of any
project under this section shall be determined in accordance
with such section 201 and such funds shall remain available
until expended.
(c) Federal Share for Pre-Financed Projects.--Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ``70'' and inserting
``80''.
(d) Corridor O.--There is hereby designated as an addition
to Corridor O in Pennsylvania on the Appalachian development
highway system a segment from Port Matilda to Interstate Route
80 along United States Route 322, and the segment of Corridor O
from the Pennsylvania State line to the improved segment in
Bedford, Pennsylvania, shall be subtracted from Corridor O.
Such designated addition shall not affect estimates of the cost
to complete such system and such subtracted segment may be
included on a map of such system for purposes of continuity
only.
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall establish and
implement a program to make allocations to States and
metropolitan planning organizations for coordinated planning,
design, and construction of corridors of national significance,
economic growth, and international or interregional trade. A
State or metropolitan planning organization may apply to the
Secretary for allocations under this section.
(b) Eligibility of Corridors.--The Secretary may make
allocations under this section with respect to--
(1) high priority corridors identified in section
1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991; and
(2) any other significant regional or multistate
highway corridor not described in whole or in part in
paragraph (1) selected by the Secretary after
consideration of--
(A) the extent to which the annual volume
of commercial vehicle traffic at the border
stations or ports of entry of each State--
(i) has increased since the date of
enactment of the North American Free
Trade Agreement Implementation Act
(Public Law 103-182); and
(ii) is projected to increase in
the future;
(B) the extent to which commercial vehicle
traffic in each State--
(i) has increased since the date of
enactment of the North American Free
Trade Agreement Implementation Act
(Public Law 103-182); and
(ii) is projected to increase in
the future;
(C) the extent to which international
truck-borne commodities move through each
State;
(D) the reduction in commercial and other
travel time through a major international
gateway or affected port of entry expected as a
result of the proposed project including the
level of traffic delays at at-grade highway
crossings of major rail lines in trade
corridors;
(E) the extent of leveraging of Federal
funds provided under this subsection,
including--
(i) use of innovative financing;
(ii) combination with funding
provided under other sections of this
Act and title 23, United States Code;
and
(iii) combination with other
sources of Federal, State, local, or
private funding including State, local,
and private matching funds;
(F) the value of the cargo carried by
commercial vehicle traffic, to the extent that
the value of the cargo and congestion impose
economic costs on the Nation's economy; and
(G) encourage or facilitate major
multistate or regional mobility and economic
growth and development in areas underserved by
existing highway infrastructure.
(c) Purposes.--Allocations may be made under this section
for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design
activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for
corridors described in subsection (b).
(5) After review by the Secretary of a development
and management plan for the corridor or a usable
component thereof under subsection (b)--
(A) environmental review; and
(B) construction.
(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation
under this section shall develop, and submit to the Secretary
for review, a development and management plan for the corridor
or a usable component thereof with respect to which the
allocation is being made. Such plan shall include, at a
minimum, the following elements:
(1) A complete and comprehensive analysis of
corridor costs and benefits.
(2) A coordinated corridor development plan and
schedule, including a timetable for completion of all
planning and development activities, environmental
reviews and permits, and construction of all segments.
(3) A finance plan, including any innovative
financing methods and, if the corridor is a multistate
corridor, a State-by-State breakdown of corridor
finances.
(4) The results of any environmental reviews and
mitigation plans.
(5) The identification of any impediments to the
development and construction of the corridor, including
any environmental, social, political and economic
objections.
In the case of a multistate corridor, the Secretary shall
encourage all States having jurisdiction over any portion of
such corridor to participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by
section 1101 of this Act to carry out this section and section
1119 shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
(f) Coordination of Planning.--Planning with respect to a
corridor under this section shall be coordinated with
transportation planning being carried out by the States and
metropolitan planning organizations along the corridor and, to
the extent appropriate, with transportation planning being
carried out by Federal land management agencies, by tribal
governments, or by government agencies in Mexico or Canada.
(g) State Defined.--In this section, the term ``State'' has
the meaning such term has under section 101 of title 23, United
States Code.
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
(a) General Authority.--The Secretary shall establish and
implement a coordinated border infrastructure program under
which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the
boundaries of 1 or more border States for projects to improve
the safe movement of people and goods at or across the border
between the United States and Canada and the border between the
United States and Mexico.
(b) Eligible Uses.--Allocations to States and metropolitan
planning organizations under this section may only be used in a
border region for--
(1) improvements to existing transportation and
supporting infrastructure that facilitate cross-border
vehicle and cargo movements;
(2) construction of highways and related safety and
safety enforcement facilities that will facilitate
vehicle and cargo movements related to international
trade;
(3) operational improvements, including
improvements relating to electronic data interchange
and use of telecommunications, to expedite cross border
vehicle and cargo movement;
(4) modifications to regulatory procedures to
expedite cross border vehicle and cargo movements;
(5) international coordination of planning,
programming, and border operation with Canada and
Mexico relating to expediting cross border vehicle and
cargo movements; and
(6) activities of Federal inspection agencies.
(c) Selection Criteria.--The Secretary shall make
allocations under this section on the basis of--
(1) expected reduction in commercial and other
motor vehicle travel time through an international
border crossing as a result of the project;
(2) improvements in vehicle and highway safety and
cargo security related to motor vehicles crossing a
border with Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and
approaches;
(4) leveraging of Federal funds provided under this
section, including use of innovative financing,
combination of such funds with funding provided under
other sections of this Act, and combination with other
sources of Federal, State, local, or private funding;
(5) degree of multinational involvement in the
project and demonstrated coordination with other
Federal agencies responsible for the inspection of
vehicles, cargo, and persons crossing international
borders and their counterpart agencies in Canada and
Mexico;
(6) improvements in vehicle and highway safety and
cargo security in and through the gateway or affected
port of entry concerned;
(7) the degree of demonstrated coordination with
Federal inspection agencies;
(8) the extent to which the innovative and problem
solving techniques of the proposed project would be
applicable to other border stations or ports of entry;
(9) demonstrated local commitment to implement and
sustain continuing comprehensive border or affected
port of entry planning processes and improvement
programs; and
(10) such other factors as the Secretary determines
are appropriate to promote border transportation
efficiency and safety.
(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of
General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years
1998 through 2001, not more than $10,000,000 of the amounts
made available by section 1101 to carry out this section and
section 1118 to the Administrator of General Services for the
construction of transportation infrastructure necessary for law
enforcement in border States.
(e) Definitions.--In this section, the following
definitions apply:
(1) Border region.--The term ``border region''
means the portion of a border State in the vicinity of
an international border with Canada or Mexico.
(2) Border state.--The term ``border State'' means
any State that has a boundary in common with Canada or
Mexico.
Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended
to read as follows:
``(a) Definitions.--In this title, the following
definitions apply:
``(1) Apportionment.--The term `apportionment'
includes unexpended apportionments made under prior
authorization laws.
``(2) Carpool project.--The term `carpool project'
means any project to encourage the use of carpools and
vanpools, including provision of carpooling
opportunities to the elderly and individuals with
disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway
lanes as preferential carpool highway lanes, providing
related traffic control devices, and designating
existing facilities for use for preferential parking
for carpools.
``(3) Construction.--The term `construction' means
the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
``(A) locating, surveying, and mapping
(including the establishment of temporary and
permanent geodetic markers in accordance with
specifications of the National Oceanic and
Atmospheric Administration of the Department of
Commerce);
``(B) resurfacing, restoration, and
rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway
grade crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate
and control traffic flow, such as grade
separation of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; and
``(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses.
``(4) County.--The term `county' includes
corresponding units of government under any other name
in States that do not have county organizations and, in
those States in which the county government does not
have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--The term `Federal-aid
highway' means a highway eligible for assistance under
this chapter other than a highway classified as a local
road or rural minor collector.
``(6) Federal-aid system.--The term `Federal-aid
system' means any of the Federal-aid highway systems
described in section 103.
``(7) Federal lands highway.--The term `Federal
lands highway' means a forest highway, public lands
highway, park road, parkway, refuge road, and Indian
reservation road that is a public road.
``(8) Forest development roads and trails.--The
term `forest development roads and trails' means forest
roads and trails under the jurisdiction of the Forest
Service.
``(9) Forest highway.--The term `forest highway'
means a forest road under the jurisdiction of, and
maintained by, a public authority and open to public
travel.
``(10) Forest road or trail.--The term `forest road
or trail' means a road or trail wholly or partly
within, or adjacent to, and serving the National Forest
System that is necessary for the protection,
administration, and utilization of the National Forest
System and the use and development of its resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-
highway crossing, tunnel, drainage structure,
sign, guardrail, and protective structure, in
connection with a highway; and
``(C) a portion of any interstate or
international bridge or tunnel and the
approaches thereto, the cost of which is
assumed by a State transportation department,
including such facilities as may be required by
the United States Customs and Immigration
Services in connection with the operation of an
international bridge or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located
within or provides access to an Indian reservation or
Indian trust land or restricted Indian land that is not
subject to fee title alienation without the approval of
the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and
Alaskan Natives reside, whom the Secretary of the
Interior has determined are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.
``(13) Interstate system.--The term `Interstate
System' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
``(14) Maintenance.--The term `maintenance' means
the preservation of the entire highway, including
surface, shoulders, roadsides, structures, and such
traffic-control devices as are necessary for safe and
efficient utilization of the highway.
``(15) Maintenance area.--The term `maintenance
area' means an area that was designated as a
nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agency as
an attainment area, under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National
Highway System' means the Federal-aid highway system
described in section 103(b).
``(17) Operating costs for traffic monitoring,
management, and control.--The term `operating costs for
traffic monitoring, management, and control' includes
labor costs, administrative costs, costs of utilities
and rent, and other costs associated with the
continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term
`operational improvement'--
``(A) means (i) a capital improvement for
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, and transportation demand management
facilities, strategies, and programs, and (ii)
such other capital improvements to public roads
as the Secretary may designate, by regulation;
and
``(B) does not include resurfacing,
restoring, or rehabilitating improvements,
construction of additional lanes, interchanges,
and grade separations, and construction of a
new facility on a new location.
``(19) Park road.--The term `park road' means a
public road, including a bridge built primarily for
pedestrian use, but with capacity for use by emergency
vehicles, that is located within, or provides access
to, an area in the National Park System with title and
maintenance responsibilities vested in the United
States.
``(20) Parkway.--The term `parkway', as used in
chapter 2 of this title, means a parkway authorized by
Act of Congress on lands to which title is vested in
the United States.
``(21) Project.--The term `project' means an
undertaking to construct a particular portion of a
highway, or if the context so implies, the particular
portion of a highway so constructed or any other
undertaking eligible for assistance under this title.
``(22) Project agreement.--The term `project
agreement' means the formal instrument to be executed
by the State transportation department and the
Secretary as required by section 106.
``(23) Public authority.--The term `public
authority' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
``(24) Public lands development roads and trails.--
The term `public lands development roads and trails'
means those roads and trails that the Secretary of the
Interior determines are of primary importance for the
development, protection, administration, and
utilization of public lands and resources under the
control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public
lands highway' means a forest road under the
jurisdiction of and maintained by a public authority
and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority
and open to public travel.
``(26) Public lands highways.--The term `public
lands highways' means those main highways through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, which are
on the Federal-aid systems.
``(27) Public road.--The term `public road' means
any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
``(28) Refuge road.--The term `refuge road' means a
public road that provides access to or within a unit of
the National Wildlife Refuge System and for which title
and maintenance responsibility is vested in the United
States Government.
``(29) Rural areas.--The term `rural areas' means
all areas of a State not included in urban areas.
``(30) Safety improvement project.--The term
`safety improvement project' means a project that
corrects or improves high hazard locations, eliminates
roadside obstacles, improves highway signing and
pavement marking, installs priority control systems for
emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes,
or installs traffic control or warning devices at
locations with high accident potential.
``(31) Secretary.--The term `Secretary' means
Secretary of Transportation.
``(32) State.--The term `State' means any of the 50
States, the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds'
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
``(34) State transportation department.--The term
`State transportation department' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
``(35) Transportation enhancement activities.--The
term `transportation enhancement activities' means,
with respect to any project or the area to be served by
the project, any of the following activities if such
activity relates to surface transportation: provision
of facilities for pedestrians and bicycles, provision
of safety and educational activitiesfor pedestrians and
bicyclists, acquisition of scenic easements and scenic or historic
sites, scenic or historic highway programs (including the provision of
tourist and welcome center facilities), landscaping and other scenic
beautification, historic preservation, rehabilitation and operation of
historic transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of abandoned
railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor
advertising, archaeological planning and research, environmental
mitigation to address water pollution due to highway runoff or reduce
vehicle-caused wildlife mortality while maintaining habitat
connectivity, and establishment of transportation museums.
``(36) Urban area.--The term `urban area' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
``(37) Urbanized area.--The term `urbanized area'
means an area with a population of 50,000 or more
designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways
and'' after ``construction of''; and
(B) by striking ``(other than the
Interstate System)'';
(2) in subsection (e) by striking ``, other than a
highway access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the
following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall
be given due consideration in the comprehensive
transportation plans developed by each metropolitan
planning organization and State in accordance with
sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with
all new construction and reconstruction of
transportation facilities, except where bicycle and
pedestrian use are not permitted.
``(2) Safety considerations.--Transportation plans
and projects shall provide due consideration for safety
and contiguous routes for bicyclists and pedestrians.
Safety considerations shall include the installation,
where appropriate, and maintenance of audible traffic
signals and audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized
vehicles shall'' and inserting ``Motorized vehicles may
not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local
regulations permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as
paragraph (5); and
(B) by inserting after paragraph (3) the
following:
``(4) when State or local regulations permit,
electric bicycles; and''; and
(7) by striking subsection (j) and inserting the
following:
``(j) Definitions.--In this section, the following
definitions apply:
``(1) Bicycle transportation facility.--The term
`bicycle transportation facility' means a new or
improved lane, path, or shoulder for use by bicyclists
and a traffic control device, shelter, or parking
facility for bicycles.
``(2) Electric bicycle.--The term `electric
bicycle' means any bicycle or tricycle with a low-
powered electric motor weighing under 100 pounds, with
a top motor-powered speed not in excess of 20 miles per
hour.
``(3) Pedestrian.--The term `pedestrian' means any
person traveling by foot and any mobility impaired
person using a wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a
mobility aid, usable indoors, and designed for and used
by individuals with mobility impairments, whether
operated manually or motorized.''.
(b) Design Guidance.--
(1) In general.--In implementing section 217(g) of
title 23, United States Code, the Secretary, in
cooperation with the American Association of State
Highway and Transportation Officials, the Institute of
Transportation Engineers, and other interested
organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian
travel.
(2) Issues to be addressed.--The guidance shall
address issues such as the level and nature of the
demand, volume, and speed of motor vehicle traffic,
safety, terrain, cost, and sight distance.
(3) Recommendations.--The guidance shall include
recommendations on amending and updating the policies
of the American Association of State Highway and
Transportation Officials relating to highway and street
design standards to accommodate bicyclists and
pedestrians.
(4) Time period for development.--The guidance
shall be developed within 18 months after the date of
enactment of this Act.
(c) Protection of Nonmotorized Transportation Traffic.--
Section 109(n) of such title is amended to read as follows:
``(n) Protection of Nonmotorized Transportation Traffic.--
The Secretary shall not approve any project or take any
regulatory action under this title that will result in the
severance of an existing major route or have significant
adverse impact on the safety for nonmotorized transportation
traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or
such a route exists.''.
(d) Railway-Highway Crossings.--Section 130 of such title
is amended by adding at the end the following:
``(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.''.
(e) National Bicycle Safety Education Curriculum.--
(1) Development.--The Secretary is authorized to
develop a national bicycle safety educationcurriculum
that may include courses relating to on-road training.
(2) Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall
transmit to Congress a copy of the curriculum.
(3) Funding.--From amounts made available under
section 210, the Secretary may use not to exceed
$500,000 for fiscal year 1999 to carry out this
subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--To
accomplish the objective stated in paragraph (1),
metropolitan planning organizations designated under
subsection (b), in cooperation with the State and
public transit operators, shall develop transportation
plans and programs for urbanized areas of the State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an
intermodal transportation system for the State and the
United States.
``(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is
amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
``(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the central city
or cities as defined by the Bureau of the
Census); or
``(B) in accordance with procedures
established by applicable State or local law.
``(2) Structure.--Each policy board of a
metropolitan planning organization that serves an area
designated as a transportation management area, when
designated or redesignated under this subsection, shall
consist of--
``(A) local elected officials;
``(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area
(including all transportation agencies included
in the metropolitan planning organization as of
June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of
such title is amended to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such
title is amended--
(A) by striking ``among'' and inserting
``between''; and
(B) by striking ``which together'' and
inserting ``that together''.
(4) Designation of more than 1 metropolitan
planning organization.--Section 134(b)(6) of such title
is amended to read as follows:
``(6) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c)
of such title is amended--
(1) in the subsection heading by inserting
``Planning'' before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and
inserting the following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before
``area'';
(3) by striking the second sentence and all that
follows and inserting the following:
``(2) Included area.--Each metropolitan planning
area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the Governor and affected metropolitan planning
organizations in the manner described in subsection
(b)(5).
``(4) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner
described in subsection (b)(1);
``(B) shall encompass the areas described
in paragraph (2)(A);
``(C) may encompass the areas described in
paragraph (2)(B); and
``(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.'';
and
(4) by aligning paragraph (1) (as designated by
paragraph (2)(A) of this subsection) with paragraphs
(2) through (4) (as inserted by paragraph (3) of this
subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of
such title is amended to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage
each Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
``(2) Interstate compacts.--The consent of Congress
is granted to any 2 or more States--
``(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the
term `Lake Tahoe region' has the meaning given
the term `region' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
``(B) Transportation planning process.--The
Secretary shall--
``(i) establish with the Federal
land management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
``(ii) coordinate the
transportation planning process with
the planning process required of State
and local governments under this
section, section 135, and chapter 53 of
title 49.
``(C) Interstate compact.--
``(i) In general.--Subject to
clause (ii), notwithstanding subsection
(b), to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
``(ii) Involvement of federal land
management agencies.--
``(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
``(II) Funding.--In
addition to funds made
available to the metropolitan
planning organization under
other provisions of this title
and under chapter 53 of title
49, not more than 1 percent of
the funds allocated under
section 202 may be used to
carry out the transportation
planning process for the Lake
Tahoe region under this
subparagraph.
``(D) Activities.--Highway projects
included in transportation plans developed
under this paragraph--
``(i) shall be selected for funding
in a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
``(ii) may, in accordance with
chapter 2, be funded using funds
allocated under section 202.
``(4) Recipients of other assistance.--The
Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent
practicable, the design and delivery of transportation
services within the metropolitan planning area that are
provided--
``(A) by recipients of assistance under
chapter 53 of title 49; and
``(B) by governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal assistance
from a source other than the Department of
Transportation to provide nonemergency
transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is
amended--
(1) in the subsection heading by striking ``MPO's''
and inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a
project is located within the boundaries of more than 1
metropolitan planning organization, the metropolitan
planning organizations shall coordinate plans regarding
the project.''; and
(4) by aligning paragraph (1) (as designated by
paragraph (2) of this subsection) with paragraph (2)
(as added by paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such
title is amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
``(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
``(C) increase the accessibility and
mobility options available to people and for
freight;
``(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
``(E) enhance the integration and
connectivity of the transportation system,
across and between modes, for people and
freight;
``(F) promote efficient system management
and operation; and
``(G) emphasize the preservation of the
existing transportation system.
``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning
process.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such
title is amended--
(1) in paragraph (2) by striking ``, at a minimum''
and inserting ``contain, at a minimum, the following'';
(2) in paragraph (2)(A) by striking ``Identify''
and inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates
how the adopted long-range transportation plan
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
The financial plan may include, for
illustrative purposes, additional projects that
would be included in the adopted long-range
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the long-range transportation
plan, the metropolitan planning organization
and State shall cooperatively develop estimates
of funds that will be available to support plan
implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the
following: ``freight shippers, providers of
freight transportation services,''; and
(B) by inserting after ``private providers
of transportation,'' the following:
``representatives of users of public
transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative
list.--Notwithstanding paragraph (2)(B), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long
Range Plan'' and inserting ``Long-Range Transportation
Plan'';
(7) in the headings for paragraphs (2) and (5) by
striking ``long range plan'' and inserting ``long-range
transportation plan''; and
(8) by striking ``long range plan'' each place it
appears and inserting ``long-range transportation
plan''.
(h) Metropolitan Transportation Improvement Program.--
Section 134(h) of such title is amended to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the
State and any affected public transit operator,
the metropolitan planning organization
designated for a metropolitan area shall
develop a transportation improvement program
for the area for which the organization is
designated.
``(B) Opportunity for comment.--In
developing the program, the metropolitan
planning organization, in cooperation with the
State and any affected public transit operator,
shall provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, providers
of freight transportation services, private
providers of transportation, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
``(C) Funding estimates.--For the purpose
of developing the transportation improvement
program, the metropolitan planning
organization, public transit agency, and State
shall cooperatively develop estimates of funds
that are reasonably expected to be available to
support program implementation.
``(D) Updating and approval.--The program
shall be updated at least once every 2 years
and shall be approved by the metropolitan
planning organization and the Governor.
``(2) Contents.--The transportation improvement
program shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried
out within each 3-year period after the initial
adoption of the transportation improvement
program; and
``(B) a financial plan that--
``(i) demonstrates how the
transportation improvement program can
be implemented;
``(ii) indicates resources from
public and private sources that are
reasonably expected to be available to
carry out the program;
``(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
``(iv) may include, for
illustrative purposes, additional
projects that would be included in the
approved transportation improvement
program if reasonable additional
resources beyond those identified in
the financial plan were available.
``(3) Included projects.--
``(A) Projects under this chapter and
chapter 53 of title 49.--A transportation
improvement program developed under this
subsection for a metropolitan area shall
include the projects and strategies within the
area that are proposed for funding under this
chapter and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
``(4) Notice and comment.--Before approving a
transportation improvement program, a metropolitan
planning organization shall, in cooperation with the
State and any affected public transit operator, provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transit, and other interested parties with
reasonable notice of and an opportunity to comment on
the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise
provided in subsection (i)(4) and in addition
to the transportation improvement program
development required under paragraph (1), the
selection of federally funded projects for
implementation in metropolitan areas shall be
carried out, from the approved transportation
improvement program--
``(i) by--
``(I) in the case of
projects under this chapter,
the State; and
``(II) in the case of
projects under chapter 53 of
title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the
metropolitan planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
transportation improvement program in place of
another project in the program.
``(6) Selection of projects from illustrative
list.--
``(A) No required selection.--
Notwithstanding paragraph (2)(B)(iv), a State
or metropolitan planning organization shall not
be required to select any project from the
illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation
improvement programs.--A transportation
improvement program involving Government
participation shall be published or otherwise
made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of
projects.--An annual listing of projects for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the metropolitan planning
organization for public review. The listing
shall be consistent with the categories
identified in the transportation improvement
program.''.
(i) Transportation Management Areas.--
(1) Required designations.--Section 134(i)(1) of
such title is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary
shall designate as a transportation management
area each urbanized area with a population of
over 200,000 individuals.
``(B) Designations on request.--The
Secretary shall designate any additional area
as a transportation management area on the
request of the Governor and the metropolitan
planning organization designated for the
area.''.
(2) Selection of projects.--Section 134(i)(4) of
such title is amended to read as follows:
``(4) Selection of projects.--
``(A) In general.--All federally funded
projects carried out within the boundaries of a
transportation management area under this title
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under chapter 53 of
title 49 shall be selected for implementation
from the approved transportation improvement
program by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transit operator.
``(B) National highway system projects.--
Projects carried out within the boundaries of a
transportation management area on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program shall be
selected for implementation from the approved
transportation improvement program by the State
in cooperation with the metropolitan planning
organization designated for the area.''.
(3) Certification.--Section 134(i)(5) of such title
is amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan
planning process in each transportation
management area is being carried out in
accordance with applicable provisions
of Federal law; and
``(ii) subject to subparagraph (B),
certify, not less often than once every
3 years, that the requirements of this
paragraph are met with respect to the
transportation management area.
``(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
``(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
``(ii) there is a transportation
improvement program for the area that
has been approved by the metropolitan
planning organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a
metropolitan planning process is not
certified, the Secretary may withhold
up to 20 percent of the apportioned
funds attributable to the
transportation management area under
this title and chapter 53 of title 49.
``(ii) Restoration of withheld
funds.--The withheld apportionments
shall be restored to the metropolitan
area at such time as the metropolitan
planning organization is certified by
the Secretary.
``(iii) Feasibility of private
enterprise participation.--The
Secretary shall not withhold
certification under this paragraph
based on the policies and criteria
established by a metropolitan planning
organization or transit grant recipient
for determining the feasibility of
private enterprise participation in
accordance with section 5306(a) of
title 49.
``(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--
Section 134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated long-range transportation plan and
transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to
achieve the purposes of this section, taking into
account the complexity of transportation problems in
the area.
``(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or programs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).''.
(k) Additional Requirements for Certain Nonattainment
Areas.--Section 134(l) of such title is amended--
(1) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to
read as follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section
104(f) of this title to carry out sections 5303 through
5305 of title 49 shall be available to carry out this
section.
``(2) Unused funds.--Any funds that are not used to
carry out this section may be made available by the
metropolitan planning organization to the State to fund
activities under section 135.''.
(m) Continuation of Current Review Practice.--Section 134
of such title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(n) Technical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
``134. Metropolitan planning.''.
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--Subject
to section 134 of this title and sections 5303 through
5305 of title 49, each State shall develop
transportation plans and programs for all areas of the
State.
``(3) Contents.--The plans and programs for each
State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the State and an
integral part of an intermodal transportation system
for the United States.
``(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.''.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--Section 135(b) of such title is amended
by inserting after ``of this title'' the following: ``and
sections 5303 through 5305 of title 49''.
(c) Scope of Planning Process.--Section 135(c) of such
title is amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
transportation planning process that provides for
consideration of projects and strategies that will--
``(A) support the economic vitality of the
United States, the States, and metropolitan
areas, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
``(C) increase the accessibility and
mobility options available to people and for
freight;
``(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
``(E) enhance the integration and
connectivity of the transportation system,
across and between modes throughout the State,
for people and freight;
``(F) promote efficient system management
and operation; and
``(G) emphasize the preservation of the
existing transportation system.
``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning
process.''.
(d) Additional Requirements.--Section 135(d) of such title
is amended to read as follows:
``(d) Additional Requirements.--In carrying out planning
under this section, each State shall, at a minimum, consider--
``(1) with respect to nonmetropolitan areas, the
concerns of local elected officials representing units
of general purpose local government;
``(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
``(3) coordination of transportation plans,
programs, and planning activities with related planning
activities being carried out outside of metropolitan
planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such
title is amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a
long-range transportation plan, with a minimum 20-year
forecast period, for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the long-
range transportation plan shall be developed in
cooperation with the metropolitan planning
organization designated for the metropolitan
area under section 134 of this title and
section 5303 of title 49.
``(B) Nonmetropolitan areas.--With respect
to each nonmetropolitan area, the long-range
transportation plan shall be developed in
consultation with affected local officials with
responsibility for transportation.
``(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the long-range
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In
developing the long-range transportation plan, the
State shall--
``(A) provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, private
providers of transportation, representatives of
users of public transit, providers of freight
transportation services, and other interested
parties with a reasonable opportunity to
comment on the proposed plan; and
``(B) identify transportation strategies
necessary to efficiently serve the mobility
needs of people.
``(4) Financial plan.--The long-range
transportation plan may include a financial plan that
demonstrates how the adopted long-range transportation
plan can be implemented, indicates resources from
public and private sources that are reasonably expected
to be made available to carry out the plan, and
recommends any additional financing strategies for
needed projects and programs. The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(5) Selection of projects from illustrative
list.--Notwithstanding paragraph (4), a State shall not
be required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (4).''.
(f) State Transportation Improvement Program.--Section
135(f) of such title is amended to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop
a transportation improvement program for all
areas of the State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With
respect to each metropolitan area in
the State, the program shall be
developed in cooperation with the
metropolitan planning organization
designated for the metropolitan area
under section 134 of this title and
section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With
respect to each nonmetropolitan
area in the State, the program
shall be developed in
consultation with affected
local officials with
responsibility for
transportation.
``(II) Review.--Not later
than 1 year after the date of
enactment of this subclause,
the State shall submit to the
Secretary the details of the
consultative planning process
developed by the State for
nonmetropolitan areas under
subclause (I). The Secretary
shall not review or approve
such process.
``(iii) Indian tribal areas.--With
respect to each area of the State under
the jurisdiction of an Indian tribal
government, the program shall be
developed in consultation with the
tribal government and the Secretary of
the Interior.
``(C) Participation by interested
parties.--In developing the program, the
Governor shall provide citizens, affected
public agencies, representatives of
transportation agency employees, freight
shippers, private providers of transportation,
providers of freight transportation services,
representatives of users of public transit, and
other interested parties with a reasonable
opportunity to comment on the proposed program.
``(2) Included projects.--
``(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include federally
supported surface transportation expenditures
within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be--
``(i) consistent with the long-
range transportation plan developed
under this section for the State;
``(ii) identical to the project as
described in an approved metropolitan
transportation improvement program; and
``(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as nonattainment for
ozone or carbon monoxide under such
Act.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
``(E) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.The
financial plan may include, for illustrative purposes, additional
projects that would be included in the adopted transportation plan if
reasonable additional resources beyond those identified in the
financial plan were available.
``(F) Selection of projects from
illustrative list.--
``(i) No required selection.--
Notwithstanding subparagraph (E), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E).
``(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E)
for inclusion in an approved
transportation improvement program.
``(G) Priorities.--The program shall
reflect the priorities for programming and
expenditures of funds, including transportation
enhancement activities, required by this title.
``(3) Project selection for areas of less than
50,000 population.--
``(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals (excluding projects carried out on
the National Highway System and projects
carried out under the bridge program or the
Interstate maintenance program) shall be
selected, from the approved statewide
transportation improvement program, by the
State in cooperation with the affected local
officials.
``(B) National highway system projects.--
Projects carried out in areas described in
subparagraph (A) on the National Highway System
and projects carried out in such areas under
the bridge program or the Interstate
maintenance program shall be selected, from the
approved statewide transportation improvement
program, by the State in consultation with the
affected local officials.
``(4) Biennial review and approval.--A
transportation improvement program developed under this
subsection shall be reviewed and, on a finding that the
planning process through which the program was
developed is consistent with this section, section 134,
and sections 5303 through 5305 of title 49, approved
not less frequently than biennially by the Secretary.
``(5) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved statewide
transportation improvement program in place of another
project in the program.''.
(g) Funding.--Section 134(g) of such title is amended by
striking ``section 307(c)(1)'' and inserting ``section
505(a)''.
(h) Continuation of Current Review Practice.--Section 135
of such title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described inthis section shall not be considered to be a
Federal action subject to review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(i) Participation of Local Elected Officials.--
(1) Study.--The Secretary shall conduct a study on
the effectiveness of the participation of local elected
officials in transportation planning and programming.
In conducting the study, the Secretary shall consider
the degree of cooperation between each State, local
officials in rural areas in the State, and regional
planning and development organizations in the State.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report containing the results of the
study with any recommendations the Secretary determines
appropriate as a result of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23,
United States Code, is amended in clauses (i) and (ii) of
subparagraph (B) by striking ``, except to'' each place it
appears and all that follows through the period at the end and
inserting a period.
(b) Selection Process.--Section 112 of title 23, United
States Code, is amended by adding at the end the following:
``(g) Selection Process.--A State may procure, under a
single contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well as
subsequent engineering and design work on the project if the
State conducts a review that assesses the objectivity of the
environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting
after subsection (a) the following:
``(b) Access of Motorcycles.--No State or political
subdivision of a State may enact or enforce a law that applies
only to motorcycles and the principal purpose of which is to
restrict the access of motorcycles to any highway or portion of
a highway for which Federal-aid highway funds have been
utilized for planning, design, construction, or maintenance.
Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate
motorcycles for safety.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Ferry Operating and Leasing Amendments.--Section
129(c)(3) of title 23, United States Code, is amended by
striking ``owned.'' and inserting ``owned or operated or
majority publicly owned if the Secretary determines with
respect to a majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal facility
provides substantial public benefits.''; and
(b) Reauthorization.--Section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005) is amended--
(1) in the second sentence of subsection (c) by
striking ``Such sums'' and inserting ``Sums made
available to carry out this section'';
(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(3) by inserting after subsection (c) the
following:
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made
available to carry out this section for each offiscal
years 1999 through 2003 shall be obligated for the construction or
refurbishment of ferry boats and ferry terminal facilities and
approaches to such facilities within marine highway systems that are
part of the National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Alaska.''.
``(3) New jersey.--$5,000,000 of the $20,000,000
for a fiscal year made available under paragraph (1)
shall be made available to the State of New Jersey.''.
``(4) Washington.--$5,000,000 of the $20,000,000
for a fiscal year made available under paragraph (1)
shall be made available to the State of Washington.''.
(c) Study.--
(1) In general.--The Secretary shall conduct a
study of ferry transportation in the United States and
its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes
served; and
(ii) the source and amount, if any,
of funds derived from Federal, State,
or local government sources supporting
ferry construction or operations;
(B) to identify potential domestic ferry
routes in the United States and its possessions
and to develop information on those routes; and
(C) to identify the potential for use of
high-speed ferry services and alternative-
fueled ferry services.
(2) Report.--The Secretary shall submit a report on
the results of the study to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section
140(a) of title 23, United States Code, is amended by inserting
after the third sentence the following: ``In implementing such
programs, a State may reserve training positions for persons
who receive welfare assistance from such State; except that the
implementation of any such program shall not cause current
employees to be displaced or current positions to be supplanted
or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program
registered with the Department of Labor or the appropriate
State agency from being referred to, or hired on, projects
funded under this title without regard to the length of time of
their participation in such program.''.
(b) Highway Training.--Section 140(b) of such title is
amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the
following: ``, and to develop and fund summer
transportation institutes''; and
(2) in the second sentence by striking ``104(b)''
and inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is
amended by striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is
amended--
(1) by striking ``A State'' and inserting the
following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission
vehicles.--Notwithstanding paragraph (1), before
September 30, 2003, a State may permit a vehicle with
fewer than 2 occupants to operate in high occupancy
vehicle lanes if the vehicle is certified as an
Inherently Low-Emission Vehicle pursuant to title 40,
Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title.
Such permission may be revoked by the State should the
State determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this
subsection).
SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an
advanced travel forecasting procedures program--
(1) to provide for completion of the advanced
transportation model developed under the Transportation
Analysis Simulation System (referred to in this section
as ``TRANSIMS''); and
(2) to provide support for early deployment of the
advanced transportation modeling computer software and
graphics package developed under TRANSIMS and the
program established under this section to States, local
governments, and metropolitan planning organizations
with responsibility for travel modeling.
(b) Eligible Activities.--The Secretary shall use funds
made available under this section to--
(1) provide funding for completion of core
development of the advanced transportation model;
(2) develop user-friendly advanced transportation
modeling computer software and graphics packages;
(3) provide training and technical assistance with
respect to the implementation and application of the
advanced transportation model to States, local
governments, and metropolitan planning organizations
with responsibility for travel modeling; and
(4) allocate funds to not more than 12 entities
described in paragraph (3), representing a diversity of
populations and geographic regions, for a pilot program
to enable transportation management areas designated
under section 134(i) of title 23, United States Code,
to convert from the use of travel forecasting
procedures in use by the areas as of the date of
enactment of this Act to the use of the advanced
transportation model.
(c) Funding.--
(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$4,000,000 for fiscal year 1998, $3,000,000 for fiscal
year 1999, $6,500,000 for fiscal year 2000, $5,000,000
for fiscal year 2001, $4,000,000 for fiscal year 2002,
and $2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each
of fiscal years 1998 and 1999, 100 percent of
the funds made available under paragraph (1)
shall be allocated to activities in described
in paragraphs (1), (2), and (3) of subsection
(b).
(B) Fiscal years 2000 through 2003.--For
each of fiscal years 2000 through 2003, not
more than 50 percent of the funds made
available under paragraph (1) may be allocated
to activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the Federal share of the cost of--
(A) any activity described in paragraph
(1), (2), or (3) of subsection (b) shall not
exceed 100 percent; and
(B) any activity described in subsection
(b)(4) shall not exceed 80 percent.
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.)
is amended by adding at the end the following:
``(3) Pennsylvania station redevelopment
corporation board of directors.--In furtherance of the
redevelopment of the James A. Farley Post Office in New
York, New York, into an intermodal transportation
facility and commercial center, the Secretary, the
Administrator of the Federal Railroad Administration,
or their designees are authorized to serve as ex
officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.''.
(b) Union Station Redevelopment Corporation Board of
Directors.--Subtitle B of title I of the National Visitor
Center Facilities Act of 1968 (40 U.S.C. 811 et seq.) is
amended by adding at the end the following:
``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.
``To further the rehabilitation, redevelopment and
operation of the Union Station complex, the Secretary of
Transportation, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
(c) Safety Belt Use Law Requirements.--Section 355 of the
National Highway System Designation Act of 1995 (109 Stat. 624)
is amended--
(1) in the section heading by striking ``AND
MAINE'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire
and Maine shall each'' and inserting ``State of
New Hampshire shall''; and
(B) in paragraph (1) by striking ``and
1996'' and inserting ``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(d) Metric Conversion at State Option.--Section 205(c)(2)
of the National Highway System Designation Act of 1995 (23
U.S.C. 109 note; 109 Stat. 577) is amended by striking ``Before
September 30, 2000, the'' and inserting ``The''.
(e) Right-of-Way Revolving Fund.--
(1) Termination.--Section 108 of title 23, United
States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as
subsection (c).
(2) Transition provision.--
(A) In general.--Funds advanced to a State
by the Secretary from the right-of-way
revolving fund established by section 108(c) of
title 23, United States Code, prior to the date
of enactment of this Act shall remain available
to the State for use on the projects for which
the funds were advanced for a period of 20
years from the date on which the funds were
advanced.
(B) Credit to highway trust fund.--With
respect to a project for which funds have been
advanced from the right-of-way revolving fund,
upon the termination of the 20-year period
referred to in subparagraph (A), when actual
construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the
project on the right-of-way, whichever occurs
first--
(i) the Highway Trust Fund (other
than the Mass Transit Account) shall be
credited with an amount equal to the
Federal share of the funds advanced, as
provided in section 120 of title 23,
United States Code, out of any Federal-
aid highway funds apportioned to the
State in which the project is located
and available for obligation for
projects of the type funded; and
(ii) the State shall reimburse the
Secretary in an amount equal to the
non-Federal share of the funds advanced
for deposit in, and credit to, the
Highway Trust Fund (other than the Mass
Transit Account).
(g) Pilot Toll Collection Program.--Section 129 of title
23, United States Code, is amended by striking subsection (d).
(h) Congressional Bridge Commissions.--Public Law 87-441
(76 Stat. 59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2032-2033) is amended--
(A) by striking paragraph
(5)(B)(iii)(I)(ff) and inserting the following:
``(ff) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina, including a
connection to Andrews following
the route 41 corridor and to
Camden following the U.S. Route
521 corridor; and'';
(B) by striking paragraph
(5)(B)(iii)(II)(hh) and inserting the
following:
``(hh) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina.'';
(C) in paragraph (9) by inserting after
``New York'' the following: ``, including
United States Route 322 between United States
Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor
from Indianapolis,'' and inserting the
following:
``(18) Corridor from Sarnia, Ontario, Canada,
through Port Huron, Michigan, southwesterly along
Interstate Route 69 through Indianapolis,''; and
(ii) by striking ``and to include''
and inserting the following: ``as
follows:
``(A) In Michigan, the corridor shall be
from Sarnia, Ontario, Canada, southwesterly
along Interstate Route 94 to the Ambassador
Bridge interchange in Detroit, Michigan.
``(B) In Michigan and Illinois, the
corridor shall be from Windsor, Ontario,
Canada, through Detroit, Michigan, westerly
along Interstate Route 94 to Chicago, Illinois.
``(C) In Tennessee, Mississippi, Arkansas,
and Louisiana, the Corridor shall--
``(i) follow the alignment
generally identified in the Corridor 18
Special Issues Study Final Report; and
``(ii) include a connection between
the Corridor in the vicinity of
Monticello, Arkansas, to Pine Bluff,
Arkansas.
``(D) In the Lower Rio Grande Valley, the
Corridor shall--
``(i) include United States Route
77 from the Rio Grande River to
Interstate Route 37 at Corpus Christi,
Texas, and then to Victoria, Texas, via
United States Route 77;
``(ii) include United States Route
281 from the Rio Grande River to
Interstate Route 37 and then to
Victoria, Texas, via United States
Route 59; and
``(iii) include'';
(E) in paragraph (21) by striking ``United
States Route 17 in the vicinity of Salamanca,
New York'' and inserting ``Interstate Route
80'';
(F) by inserting ``, including I-29 between
Kansas City and the Canadian border'' before
the period at the end of paragraph (23); and
(G) by inserting after paragraph (29) the
following:
``(30) Interstate Route 5 in the States of
California, Oregon, and Washington, including
California State Route 905 between Interstate Route 5
and the Otay Mesa Port of Entry.
``(31) The Mon-Fayette Expressway and Southern
Beltway in Pennsylvania and West Virginia.
``(32) The Wisconsin Development Corridor from the
Iowa, Illinois, and Wisconsin border near Dubuque,
Iowa, to the Upper Mississippi River Basin near Eau
Claire, Wisconsin, as follows:
``(A) United States Route 151 from the Iowa
border to Fond du Lac via Madison, Wisconsin,
then United States Route 41 from Fond du Lac to
Marinette via Oshkosh, Appleton, and Green Bay,
Wisconsin.
``(B) State Route 29 from Green Bay to I-94
via Wausau, Chippewa Falls, and Eau Claire,
Wisconsin.
``(C) United States Route 10 from Appleton
to Marshfield, Wisconsin.
``(33) The Capital Gateway Corridor following
United States Route 50 from the proposed intermodal
transportation center connected to I-395 in Washington,
D.C., to the intersection of United States Route 50
with Kenilworth Avenue and the Baltimore-Washington
Parkway in Maryland.
``(34) The Alameda Corridor East and Southwest
Passage, California. The Alameda Corridor East is
generally described as 52.8 miles from east Los Angeles
(terminus of Alameda Corridor) through the San Gabriel
Valley terminating at Colton Junction in San
Bernardino. The Southwest Passage shall follow I-10
from San Bernardino to the Arizona State line and I-8
from San Diego to the Arizona State line.
``(35) Everett-Tacoma FAST Corridor.
``(36) New York and Pennsylvania State Route 17
from Harriman, New York, to its intersection with I-90
in Pennsylvania.
``(37) United States Route 90 from I-49 in
Lafayette, Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the
Mexican Border via I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree,
Arkansas, to I-55.
``(40) The Greensboro Corridor from Danville,
Virginia, to Greensboro, North Carolina, along United
States Route 29.
``(41) The Falls-to-Falls Corridor--United States
Route 53 from International Falls on the Minnesota/
Canada border to Chippewa Falls, Wisconsin.
``(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55
near Batesville, Mississippi, to the intersection with
Corridor X of the Appalachian development highway
system near Fulton, Mississippi, and the portion of
Corridor X of the Appalachian development highway
system from near Fulton, Mississippi, to the
intersection with Interstate Route 65 near Birmingham,
Alabama.
``(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State
border.''.
(2) Provisions applicable to corridors.--Section
1105(e)(5)(A) of such Act is amended--
(A) by inserting after ``referred to'' the
first place it appears the following: ``in
subsection (c)(1),'';
(B) by striking ``and'' the second place it
appears; and
(C) by inserting after ``(c)(20)'' the
following: ``, in subsection (c)(36), in
subsection(c)(37), in subsection (c)(40), and
in subsection (c)(42)''.
(3) Routes.--Section 1105(e)(5) of such Act is
further amended--
(A) in subparagraph (A) by inserting
``(except with respect to Georgetown County)''
before ``(iii)'';
(B) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Routes.--
``(i) Designation.--The routes
referred to in subsections (c)(18) and
(c)(20) shall be designated as
Interstate Route I-69. A State having
jurisdiction over any segment of routes
referred to in subsections (c)(18) and
(c)(20) shall erect signs identifying
such segment that is consistent with
the criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route I-69, including
segments of United States Route 59 in
the State of Texas. The segment
identified in subsection (c)(18)(B)(i)
shall be designated as Interstate Route
I-69 East, and the segment identified
in subsection (c)(18)(B)(ii) shall be
designated as Interstate Route I-69
Central. The State of Texas shall erect
signs identifying such routes as
segments of future Interstate Route I-
69.
``(ii) Rulemaking to determine
future interstate sign erection
criteria.--The Secretary shall conduct
a rulemaking to determine the
appropriate criteria for the erection
of signs for future routes on the
Interstate System identified in
subparagraph (A). Such rulemaking shall
be undertaken in consultation with
States and local officials and shall be
completed not later than December 31,
1998.'';
(D) by striking the last sentence of
subparagraph (A) and inserting it as the first
sentence of subparagraph (B)(i) (as inserted by
subparagraph (C) of this paragraph); and
(E) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph), by
striking ``(C)'' and inserting ``(D)''.
(j) Winter Home Heating Oil Delivery.--Section 346 of the
National Highway System Designation Act of 1995 (109 Stat. 615-
616) is amended--
(1) in subsection (a) by striking ``season in the
6-month period beginning on November 1, 1996'' and
inserting ``seasons in the 18-month period beginning on
November 1, 1998''; and
(2) by adding at the end the following:
``(g) Study.--Not later than 1 year after the completion of
the pilot program, the Secretary shall submit to Congress a
report on the results of the program, including an assessment
of any impact on public safety.''.
(k) Future Corridor Segment.--
(1) Study.--The Secretary shall conduct a study to
determine the feasibility of providing an Interstate
quality road for a route that runs in south/west
direction generally along United States Route 61 and
crosses the Mississippi River in the vicinity of
Memphis, Tennessee, to Highway 79 and generally follows
Highway 79 to Pine Bluff, Arkansas.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $500,000 for fiscal year 1999
to carry out the study.
(3) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended.
(l) Baton Rouge, Louisiana.--
(1) Reduction in scope of project.--Section 149(a)
of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 181-198) is amended
in paragraph (47)(B)--
(A) by inserting ``and'' after the
semicolon at the end of clause (i);
(B) by striking ``; and'' at the end of
clause (ii) and inserting a period; and
(C) by striking clause (iii).
(2) Applicability of obligation limitation.--
Notwithstanding any other provision of law, the project
described in section 149(a)(47)(B) of such Act shall be
subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs.
(m) Amendments to Surface Transportation Assistance Act of
1982.--Section 146 of the Surface Transportation Assistance Act
of 1982 (96 Stat. 2130), relating to lane restrictions, is
repealed.
(n) Substitute Project.--Section 1045 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1994)
is amended in subsection (a)--
(1) by striking ``(a) Approval of Project.--
Notwithstanding'' and inserting the following:
``(a) Approval of Project.--
``(1) Notwithstanding''; and
(2) by adding at the end the following new
paragraph:
``(2) Notwithstanding paragraph (1) and subsection
(c) of this section, upon the request of the Governor
of the State of Wisconsin, submitted by October 1,
2000, the Secretary shall approve 1 or more substitute
projects in lieu of the substitute project approved by
the Secretary under paragraph (1) and subsection (c) of
this section.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United
States Code, is amended--
(A) in subsection (a) by striking the
second sentence; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Compliance.--Compliance with subsection (a)
shall have no effect on the eligibility of costs.''.
(2) Change in term defined.--
(A) In general.--Title 23, United States
Code, is amended--
(i) by striking ``State highway
department'' each place it appears and
inserting ``State transportation
department''; and
(ii) by striking ``State highway
departments'' each place it appears and
inserting ``State transportation
departments''.
(B) Conforming amendments.--
(i) The analysis for chapter 3 of
title 23, United States Code, is
amended in the item relating to section
302 by striking ``highway'' and
inserting ``transportation''.
(ii) Section 302 of title 23,
United States Code, is amended in the
section heading by striking ``highway''
and inserting ``transportation''.
(iii) Section 201(b) of the
Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the
second sentence by striking ``State
highway department'' and inserting
``State transportation department''.
(iv) Section 138(c) of the Surface
Transportation Assistance Act of 1978
(40 U.S.C. App. (note to section 201 of
the Appalachian Regional Development
Act of 1965); 92 Stat. 2710) is amended
in the first sentence--
(I) by striking ``Federal-
aid primary system'' and
inserting ``National Highway
System''; and
(II) by striking ``State
highway department'' and
inserting ``State
transportation department''.
(b) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to
fund the production, in cooperation with a not-for-
profit national public television station and the
National Academy of Engineering, of a documentary about
infrastructure that shall demonstrate how public works
and infrastructure projects stimulate job growth and
the economy and contribute to the general welfare of
the Nation.
(2) Federal share.--
(A) In general.--The Federal share of the
cost of production of the documentary shall be
60 percent. The non-Federal share shall be
provided from private sources and shall include
amounts expended by such sources for the
production before the date of enactment of this
Act.
(B) Calculation.--The calculation of the
Federal and non-Federal shares under this
paragraph shall be made over the term for which
sums are authorized to be appropriated under
paragraph (3).
(3) Funding.--There is authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$888,000 for fiscal year 1998, and $1,000,000 for each
of fiscal years 1999 and 2000. Such funds shall remain
available until expended.
(4) Applicability of title 23.--Funds authorized by
this paragraph shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection and the availability of funds authorized by
this subsection shall be determined in accordance with
this subsection.
(c) Mass Transportation Buses.--Section 1023(h)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 127 note) is amended by striking ``the date on which''
and all that follows through ``1995'' and inserting ``October
1, 2003''.
(d) Vehicle Weight Limitations.
(1) In general.--Section 127(a) of title 23, United
States Code, is amended--
(A) by inserting before the next to the
last sentence the following: ``With respect to
the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall
be considered a nondivisible load.''; and
(B) by adding at the end the following:
``The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross
vehicle weight of up to 100,000 pounds for the
hauling of sugarcane during the harvest season,
not to exceed 100 days annually. With respect
to Interstate Route 95 in the State of New
Hampshire, State laws (including
regulations)concerning vehicle weight limitations that were in effect
on January 1, 1987, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the requirements of
this subsection. With respect to that portion of the Maine Turnpike
designated Interstate Route 95 and 495, and that portion of Interstate
Route 95 from the southern terminus of the Maine Turnpike to the New
Hampshire State line, laws (including regulations) of the State of
Maine concerning vehicle weight limitations that were in effect on
October 1, 1995, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the requirements of
this subsection.''.
(2) Studies.--
(A) Colorado.--
(i) In general.--In consultation
with the Secretary, the State of
Colorado shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(A), including the impact
of not having such an exemption. In
preparing the study, the State shall
provide adequate opportunity for public
comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation
with the Secretary, the State of
Louisiana shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(B), including the impact
of not having such an exemption. In
preparing the study, the State shall
provide adequate opportunity for public
comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(C) Maine.--
(i) In general.--In consultation
with the Secretary, the State of Maine
shall conduct a study analyzing the
economic, safety, and infrastructure
impacts of the exemption provided by
the amendment made by paragraph (1)(B),
including the impact of not having such
an exemption. In preparing the study,
the State shall provide adequate
opportunity for public comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation
with the Secretary, the State of New
Hampshire shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(B), including the impact
of not having such an exemption. In
preparing the study, theState shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(E) Applicability of title 23, united
states code.--Funds authorized by this
paragraph shall be available for obligation in
the same manner as if such funds were
apportioned under chapter 1 of title 23, United
States Code; except that such funds shall
remain available until expended.
(k) Driver Training and Safety Center.--
(1) In general.--The Secretary shall make grants to
establish a driver training and safety center at
Connellsville, Pennsylvania.
(2) Purpose.--The purpose of the facility shall be
to train and enhance the driving skills of motor
vehicle and emergency vehicle operators.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $2,500,000 for each of fiscal years 1999
through 2001.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the funds shall remain available until expended.
(l) Ohio River Welcome Center.--
(1) In general.--The Secretary shall make grants to
establish a welcome center in Point Pleasant, West
Virginia.
(2) Access.--The center shall be accessible by
motor vehicle, bicycle, pedestrian walkway, and river
transportation.
(3) Facilities.--The center shall include a comfort
station, picnic and sitting plaza, a small
amphitheater, a deep river port, a marina, and a
walking trail.
(4) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $412,900 for fiscal year 1999, $1,362,500
for fiscal year 2000, and $699,500 for fiscal year
2001.
(5) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the Federal share of the cost of activities carried out
using the funds shall be 50 percent and the funds shall
remain available until expended.
(m) Project Flexibility for Minnesota.--Notwithstanding any
other provision of law, funds allocated for a project in the
State of Minnesota under section 117 of title 23, United States
Code, may be obligated for any other project in the State for
which funds are so allocated; except that the total amount of
funds authorized for any project for which funds are so
allocated shall not be reduced.
(n) Baltimore Washington Parkway.--Notwithstanding any
other provision of law, the Federal share of the cost of a
project for which funds are allocated under section 117 of
title 23, United States Code, for renovation and construction
of the Baltimore Washington Parkway in Prince Georges County,
Maryland, shall be 100 percent.
(o) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall make grants to
a national, not-for-profit organization engaged in
promoting bicycle and pedestrian safety--
(A) to operate a national bicycle and
pedestrian clearinghouse;
(B) to develop information and educational
programs; and
(C) to disseminate techniques and
strategies for improving bicycle and pedestrian
safety.
(D) Authorization of appropriations.--There
is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $500,000
for each of fiscal years 1998 through 2003.
(E) Applicability of title 23.--Funds
authorized by this subsection shall be
available for obligation in the same manner as
if such funds were apportioned under chapter 1
of title 23, United States Code, except that
the funds shall remain available until
expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a
heavy equipment operator training facility in Hibbing,
Minnesota. The purpose of the facility shall be to
develop an appropriate curriculum for training, and to
train operators and future operators of heavy equipment
in the safe use of such equipment.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $500,000 for
each of fiscal years 1998 and 1999 to carry out this
subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of establishment of the facility under this
subsection shall be 80 percent and such funds shall
remain available until expended.
(q) Motor Carrier Operator Vehicle and Training Facility.--
(1) Establishment.--The Secretary shall make grants
to the State of Pennsylvania to establish and operate
an advanced tractor trailer safety and operator
training facility in Chambersburg, Pennsylvania. The
purpose of the facility shall be to develop and
coordinate an advance curriculum for the training of
operators and future operators of tractor trailers. The
facility shall conduct training on the test track at
Letterkenny Army Depot and the unused segment of the
Pennsylvania Turnpike located in Bedford County,
Pennsylvania. The facility shall be operated by a not-
for-profit entity and, when Federal assistance is no
longer being provided with respect to the facility,
shall be privately operated.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $500,000 for
each of fiscal years 1998 through 2003 to carry out
this subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended and the Federal share of the
cost of establishment and operation of the facility
under this subsection shall be 80 percent.
(r) High Priority Las Vegas Intermodal Center.--
(1) In general.--The Secretary shall provide
$2,000,000 for fiscal year 1999 and $2,500,000 for
fiscal year 2000 for the High Priority Las Vegas
Intermodal Center in Las Vegas, Nevada.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(s) Seismic Design.--
(1) In general.--The Secretary shall provide--
(A) $8,000,000 for fiscal year 1999 for
seismic design and engineering of the
Mississippi/Arkansas Great River Bridge;
(B) $8,000,000 for fiscal year 1999 to the
State of Missouri for seismic design and
deployment; and
(C) $7,000,000 for fiscal year 1999 to the
State of Arkansas for seismic design and
deployment.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(t) Biloxi Harbor, Mississippi.--The portion of the project
for navigation, Biloxi Harbor, Mississippi, authorized by the
River and Harbor Act of 1960 (74 Stat. 481), for the Bernard
Bayou Channel beginning near the Air Force Oil Terminal at
approximately navigation mile 2.6 and extending downstream to
the North-South \1/2\ of Section 30, Township 7 South, Range 10
West, Harrison County, Mississippi, just west of Kremer Boat
Yards, is not authorized after the date of enactment of this
Act.
(u) Clarification.--Notwithstanding any other provision of
law, the State of Pennsylvania is authorized to proceed with
engineering, final design, and construction of Corridor O of
the Appalachian development highway system between Bald Eagle
and Interstate Route 80. All records of decision relating to
Corridor O issued prior to the date of enactment of this Act
shall remain in effect.
(v) Limitation on Statutory Construction.--Nothing in this
Act shall be construed to prevent the operation of motorized
vehicles to transport boats across the portages between the
Moose Lake Chain and Basswood Lake, Minnesota, and between
Vermilion Lake and Trout Lake, Minnesota.
(w) Miscellaneous Projects.--
(1) Replacement of roslyn viaduct.--
(A) Project.--The Secretary is authorized
to carry out a project for replacement of a
segment of the Roslyn elevated highway (NY25A)
on Long Island, New York.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$51,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(2) Design and engineering for miller highway.--
(A) Project.--The Secretary is authorized
to carry out a project for design and
engineering of the Miller Highway on the west
side of Manhattan, New York.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$15,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(3) Williamsville toll barrier.--
(A) Project.--The Secretary is authorized
to carry out a project to relocate a toll
barrier complex to relieve traffic congestion
in the Buffalo, New York, area.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$20,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(x) St. Georges, Delaware.--The Secretary of the Army shall
transfer all right, title, and interest of the United States in
the highway bridge on United States Route 13 in the vicinity of
St. Georges, Delaware, to the State of Delaware if the transfer
is necessary to facilitate retransfer to a private entity for
the purpose of demonstrating the effectiveness and efficiency
of the use of large-scale composites technology for bridge
rehabilitation. In evaluating the level of service for all
Federal crossings over the Chesapeake and Delaware Canal in
Delaware, the total vehicle trips per day on this transferred
bridge shall be attributed to the remaining Federal crossing at
St. Georges, Delaware (the SR1 Bridge). If the transfer is
completed within 180 days after the date of enactment of this
Act, the Secretary shall provide $10,000,000 to the State for
the State to use in rehabilitating the bridge.
(y) Mount Paran Interchange Project for Interstate Route
75.--Notwithstanding any other provision of law, none of the
funds made available under this Act or title 23, United States
Code, shall be used to carry out a project to construct or
improve the Mount Paran interchange on Interstate Route 75 in
Georgia unless the Atlanta Regional Commission approves the
project after the date of enactment of this Act.
(z) Nittany Parkway.--The Secretary shall designate 31
miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany
Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) Highway Economic Requirement System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of
the United States shall conduct an evaluation
of the methodology used by the Department of
Transportation to determine highway needs using
the highway economic requirement system (in
this subsection referred to as the ``model'').
(B) Required element.--The evaluation shall
include an assessment of the extent to which
the model estimates an optimal level of highway
infrastructure investment, including an
assessment as to when the model may be
overestimating or underestimating investment
requirements.
(C) Report to congress.--Not later than 2
years after the date of enactment of this Act,
the Comptroller General shall submit to
Congress a report on the results of the
evaluation.
(2) State investment plans.--
(A) Study.--In consultation with State
transportation departments and other
appropriate State and local officials, the
Comptroller General of the United States shall
conduct a study on the extent to which the
model can be used to provide States with useful
information for developing State transportation
investment plans and State infrastructure
investment projections.
(B) Required elements.--The study shall--
(i) identify any additional data
that may need to be collected beyond
the data submitted, before the date of
enactment of this Act, to the Federal
Highway Administration through the
highway performance monitoring system;
and
(ii) identify what additional work,
if any, would be required of the
Federal Highway Administration and the
States to make the model useful at the
State level.
(C) Report to congress.--Not later than 3
years after the date of enactment of this Act,
the Comptroller General shall submit to
Congress a report on the results of the study.
(b) International Roughness Index.--
(1) Study.--The Comptroller General of the United
States shall conduct a study on the international
roughness index that is used as an indicator of
pavement quality on the Federal-aid highway system.
(2) Required elements.--The study shall specify the
extent of usage of the index and the extent to which
the international roughness index measurement is
reliable across different manufacturers and types of
pavement.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the
Comptroller General shall submit to Congress a report
on the results of the study.
(c) Use of Uniformed Police Officers on Federal-Aid Highway
Construction Projects.--
(1) Study.--In consultation with the States, State
transportation departments, and law enforcement
organizations, the Secretary shall conduct a study on
the extent and effectiveness of use by States of
uniformed police officers on Federal-aid highway
construction projects.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the study,
including any legislative and administrative
recommendations of the Secretary.
(d) Southwest Border Transportation Infrastructure.--
(1) Assessment.--The Secretary shall conduct a
comprehensive assessment of the state of the
transportation infrastructure on the southwest border
between the United States and Mexico (in this
subsection referred to as the ``border'').
(2) Consultation.--In carrying out the assessment,
the Secretary shall consult with--
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
(F) the American Commissioner on the
International Boundary Commission, United
States and Mexico;
(G) State agencies responsible for
transportation and law enforcement in border
States; and
(H) municipal governments and
transportation authorities in sister cities in
the border area.
(3) Requirements.--In carrying out the assessment,
the Secretary shall--
(A) assess the flow of commercial and
private traffic through designated ports of
entry on the border;
(B) assess the adequacy of transportation
infrastructure in the border area, including
highways, bridges, railway lines, and border
inspection facilities;
(C) assess the adequacy of law enforcement
and narcotics abatement activities in the
border area, as the activities relate to
commercial and private traffic and
infrastructure;
(D) assess future demands on transportation
infrastructure in the border area; and
(E) make recommendations to facilitate
legitimate cross-border traffic in the border
area, while maintaining the integrity of the
border.
(4) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on the assessment conducted under
this subsection, including any related legislative and
administrative recommendations.
(e) Study of Procurement Practices and Project Delivery.--
(1) Study.--The Comptroller General shall conduct a
study to assess the impact that a utility company's
failure to relocate its facilities in a timely manner
has on the delivery and cost of Federal-aid highway and
bridge projects. The study shall also assess the
following:
(A) Methods States use to mitigate such
delays, including the use of the courts to
compel cooperation.
(B) The prevalence and use of incentives to
utility companies for early completion of
utility relocations on Federal-aid
transportation project sites and, conversely,
penalties assessed on utility companies for
utility relocation delays on such projects.
(C) The extent to which States have used
available technologies, such as subsurface
utility engineering, early in the design of
Federal-aid highway and bridge projects so as
to eliminate or reduce the need for or delays
due to utility relocations.
(D) Whether individual States compensate
transportation contractors for business costs
incurred by the contractors when Federal-aid
highway and bridge projects under contract to
them are delayed by utility-company-caused
delays in utility relocations and any methods
used by States in making any such compensation.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
transmit to Congress a report on the results of the
study with any recommendations the Comptroller General
determines appropriate as a result of the study.
(f) Specialized Hauling Vehicles.--
(1) Study.--The Secretary shall conduct a study to
examine the impact of the truck weight standards on
specialized hauling vehicles. The study shall include,
at a minimum, an analysis of the economic, safety, and
infrastructure impacts of the standards.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study with
any recommendations the Secretary determines
appropriate as a result of the study.
(g) Study of State Practices on Specific Service Signing.--
(1) Study.--The Secretary shall conduct a study to
determine the practices in the States for specific
service food signs described in sections 2G-5.7 and 2G-
5.8 of the Manual on Uniform Traffic Control Devices
for Streets and Highways. The study shall examine, at a
minimum--
(A) the practices of all States for
determining businesses eligible for inclusion
on such signs;
(B) whether States allow businesses to be
removed from such signs and the circumstances
for such removal;
(C) the practices of all States for
erecting and maintaining such signs, including
the time required for erecting such signs; and
(D) whether States contract out the
erection and maintenance of such signs.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study,
including any recommendations and, if appropriate
modifications to the Manual.
(h) Vehicle Weight Enforcement.--
(1) Study.--The Secretary shall conduct a study of
State laws (including regulations) relating to
penalties for violation of State commercial motor
vehicle weight laws.
(2) Purpose.--The purpose of the study shall be to
determine the effectiveness of State penalties as a
deterrent to illegally overweight trucking operations.
The study shall evaluate fine structures, innovative
roadside enforcement techniques, and a State's ability
to penalize shippers and carriers as well as drivers
and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle
weight laws.
(3) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study with
any legislative recommendations of the Secretary.
(i) Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the
Transportation Research Board of the National Academy
of Sciences to conduct a study regarding the regulation
of weights, lengths, and widths of commercial motor
vehicles operating on Federal-aid highways to which
Federal regulations apply on the date of enactment of
this Act. In conducting the study, the Board shall
review law, regulations, studies (including
Transportation Research Board Special Report 225), and
practices and develop recommendations regarding any
revisions to law and regulations that the Board
determines appropriate.
(2) Factors to consider and evaluate.--In
developing recommendations under paragraph (1), the
Board shall consider and evaluate the impact of the
recommendations described in paragraph (1) on the
economy, the environment, safety, and service to
communities.
(3) Consultation.--In carrying out the study, the
Board shall consult with the Department of
Transportation, States, the motor carrier industry,
freight shippers, highway safety groups, air quality
and natural resource management groups, commercial
motor vehicle driver representatives, and other
appropriate entities.
(4) Report.--Not later than 2 years after the date
of enactment of this Act, the Board shall transmit to
Congress and the Secretary a report on the results of
the study conducted under this subsection.
(5) Recommendations.--Not later than 180 days after
the date of receipt of the report under paragraph (4),
the Secretary may transmit to Congress a report
containing comments or recommendations of the Secretary
regarding the Board's report.
(6) Funding.--There is authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $250,000 for each of fiscal
years 1999 and 2000 to carry out this subsection.
(7) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of the study under this subsection shall be
100 percent and such funds shall remain available until
expended.
(j) Traffic Analysis.--
(1) In general.--The Secretary shall enter into an
agreement with the State of Oklahoma to carry out a
traffic analysis to determine the feasibility of a
trade processing center in McClain County, Oklahoma.
(2) Authorization.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(1) Study.--The Secretary shall conduct a study to
assess the feasibility of providing high speed rail
passenger service from Atlanta,Georgia, to Charleston,
South Carolina. The study shall also assess the
potential impact of rail service on the tourism
industry.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure
of the House of Representatives and to the Committee on
Environment and Public Works of the Senate a report on
the results of the study, together with any
recommendations the Secretary determines appropriate as
a result of the study.
SEC. 1214. FEDERAL ACTIVITIES.
(a) Access to John F. Kennedy Center for the Performing
Arts.--
(1) Study.--The Secretary, in cooperation with the
District of Columbia, the John F. Kennedy Center for
the Performing Arts, and the Department of the Interior
and in consultation with other interested persons,
shall conduct a study of methods to improve pedestrian
and vehicular access to the John F. Kennedy Center for
the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report containing the
results of the study with an assessment of the impacts
(including environmental, aesthetic, economic, and
historical impacts) associated with the implementation
of each of the methods examined under the study.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for fiscal year 1998.
(4) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of activities conducted using such funds shall
be 100 percent and such funds shall remain available
until expended.
(b) Smithsonian Institution Transportation Program.--
(1) In general.--The Secretary shall allocate
amounts made available by this subsection for
obligation at the discretion of the Secretary of the
Smithsonian Institution, in consultation with the
Secretary, to carry out projects and activities
described in paragraph (2).
(2) Eligible uses.--Amounts allocated under
paragraph (1) may be obligated only--
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of
the Nation's collection of transportation-
related artifacts;
(C) to acquire historically significant
transportation-related artifacts; and
(D) to support research programs within the
Smithsonian Institution that document the
history and evolution of transportation, in
cooperation with other museums in the United
States.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $1,000,000
for each of fiscal years 1998 through 2003 to carry out
this subsection.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project or
activity under this subsection shall be 100 percent and
such funds shall remain available until expended.
(c) New River Visitor Center.--
(1) In general.--The Secretary shall allocate to
the Secretary of the Interior amounts made available by
this subsection for the planning, design, and
construction of a visitor center, and such other
related facilities as may be necessary, to facilitate
visitor understanding and enjoyment of the scenic,
historic, cultural, and recreational resources of the
New River Gorge National River in the State of West
Virginia. The center and related facilities shall be
located at a site for which title is held by the United
States in the vicinity of the I-64 Sandstone
intersection.
(2) Authorization of appropriations.--There are
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $1,300,000 for fiscal year 1998,
$1,200,000 for fiscal year 1999, and $9,900,000 for
fiscal year 2000.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall remain available until expended.
(d) Additional Authorization of Contract Authority for
States With Indian Reservations.--
(1) Availability to states.--Not later than October
1 of each fiscal year, funds made available under
paragraph (5) for the fiscal year shall be made
available by the Secretary, in equal amounts, to each
State that has within the boundaries of the State all
or part of an Indian reservation having a land area of
10,000,000 acres or more.
(2) Availability to eligible counties.--
(A) In general.--Each fiscal year, each
county that is located in a State to which
funds are made available under paragraph (1),
and that has in the county a public road
described in subparagraph (B), shall be
eligible to apply to the State for all or a
portion of the funds made available to the
State under this subsection to be used by the
county to maintain such roads.
(B) Roads.--A public road referred to in
subparagraph (A) is a public road that--
(i) is within, adjacent to, or
provides access to an Indian
reservation described in paragraph (1);
(ii) is used by a school bus to
transport children to or from a school
or Headstart program carried out under
the Head Start Act (42 U.S.C. 9831 et
seq.); and
(iii) is maintained by the county
in which the public road is located.
(C) Allocation among eligible counties.--
(i) In general.--Except as provided
in clause (ii), each State that
receives funds under paragraph (1)
shall provide directly to each county
that applies for funds the amount that
the county requests in the application.
(ii) Allocation among eligible
counties.--If the total amount of funds
applied for under this subsection by
eligible counties in a State exceeds
the amount of funds available to the
State, the State shall equitably
allocate the funds among the eligible
counties that apply for funds.
(3) Supplementary funding.--For each fiscal year,
the Secretary shall ensure that funding made available
under this subsection supplements (and does not
supplant)--
(A) any obligation of funds by the Bureau
of Indian Affairs for road maintenance programs
on Indian reservations; and
(B) any funding provided by a State to a
county for road maintenance programs in the
county.
(4) Use of unallocated funds.--Any portion of the
funds made available to a State under this subsection
that is not made available to counties within 1 year
after the funds are made available to the State shall
be apportioned among the States in accordance with
section 104(b) of title 23, United States Code.
(5) Funding.--
(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection $1,500,000 for each of fiscal
years 1998 through 2003.
(B) Contract authority.--Funds authorized
by this subsection shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(e) National Defense Highways Outside the United States.--
(1) Reconstruction projects.--If the Secretary
determines, after consultation with the Secretary of
Defense, that a highway, or a portion of a highway,
located outside the United States is important to the
national defense, the Secretary may carry out a project
for reconstruction of the highway or portion of
highway.
(2) Funding.--
(A) In general.--For each of fiscal years
1998 through 2002, the Secretary may set aside
not to exceed $18,800,000 from amounts to be
apportioned under section 104(b)(4) of title
23, United States Code, to carry out this
section.
(B) Availability.--Funds made available
under subparagraph (1) shall remain available
until expended.
(f) Sachuest Point National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$200,000 for fiscal year 1999 to the United State Fish
and Wildlife Service to resurface the entrance road to
Sachuest Point National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$200,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(g) Runway Removal at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$300,000 for fiscal year 1999 to the United States Fish
and Wildlife Service to remove asphalt runways at
Ninigret National Wildlife Refuge and $5,000,000 shall
be available to the State of Rhode Island for
improvements to the T.F. Green Intermodal Facility in
Rhode Island for each of fiscal years 1999 through
2003.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$5,300,000 for fiscal year 1999 and $5,000,000 for each
of fiscal years 2000 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(h) Middletown Visitor Center.--
(1) In general.--The Secretary shall provide
$500,000 for fiscal year 1999 to the United States Fish
and Wildlife Service for the Middletown visitor center
at Sachuest Point National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$500,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(i) Entrance Paving at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$750,000 for fiscal year 1999 to the United States Fish
and Wildlife Service to pave the entrance road to the
Ninigret National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$750,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(j) Education Center.--
(1) In general.--The Secretary shall provide
$1,000,000 for each of fiscal years 1999 through 2003
to the United States Fish and Wildlife Service for the
education visitor center at the Rhode Island National
Wildlife Refuge complex.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for each of fiscal years 1999 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(k) Richmond National Battlefield Park.--
(1) In general.--The Secretary shall provide
$1,000,000 for fiscal year 1999 to the National Park
Service to revitalize the Tredegar Iron Works to serve
as a visitor center for Richmond National Battlefield
Park.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide
$800,000 for each of fiscal years 1999 through 2003 to
the Corps of Engineers to be made available to the
State of Missouri for resurfacing and maintenance of
city and county roads that provide access to Corps of
Engineers reservoirs.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$800,000 for each of fiscal years 1999 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(m) Civil War Battlefield Plan.--
(1) In general.--The Secretary shall provide
$250,000 for each of fiscal years 1999 and 2000 to the
Department of the Interior to be made available to the
Shenandoah Valley Battlefield National Historic
District Commission for developing a plan for the
interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$250,000 for each of fiscal years 1999 and 2000.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(n) DOT Headquarters Facility.--Before taking any action
that leads to Government ownership of the Department of
Transportation headquarters facility, through construction or
purchase, the Administrator of General Services shall first
seek approval of the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(o) Fort Peck, Montana.--
(1) Fort peck, montana, visitors center.--The
Secretary shall provide funds for the environmental
review, planning, design, and construction of a
historical and cultural visitors center and museum at
Fort Peck, Montana.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $3,000,000 for each of fiscal
years 1999 and 2000.
(3) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall remain
available until expended.
(p) Bridges on Natchez Trace Parkway, Mississippi.--
(1) In general.--The Secretary shall allocate to
the State of Mississippi amounts available by this
subsection to be used for replacement and widening of
the box bridges on the Natchez Trace Parkway at Old
Canton Road and at Rice Road in Madison County,
Mississippi.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $5,000,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(q) Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for
the Lolo Pass Visitor Center in the State of Idaho.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $2,943,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal
years 1998 through 2003 to the Commonwealth of Puerto
Rico to carry out a highway program in such
Commonwealth.
(2) Applicability of title 23.--Amounts made
available by section 1101(a)(15) of this Act shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code. Such amounts shall be subject to
any limitation on obligations for Federal-aid highway
and highway safety construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(a) Gettysburg, Pennsylvania.--
(1) Restoration of train station.--The Secretary
shall allocate amounts made available by this
subsection for the restoration of the Gettysburg,
Pennsylvania, train station.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $400,000 for
each of fiscal years 1998 and 1999 to carry out this
subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of restoration of the train station under this
subsection shall be 80 percent and such funds shall
remain available until expended.
(b) Center.--
(1) Establishment.--The Secretary shall allocate
funds made available to carry out this subsection to
establish a center for national scenic byways in
Duluth, Minnesota, to provide technical communications
and network support for nationally designated scenic
byway routes in accordance with paragraph (2).
(2) Communications systems.--The center for
national scenic byways shall develop and implement
communications systems for the support of the national
scenic byways program. Such communications systems
shall provide local officials and planning groups
associated with designated National Scenic Byways or
All-American Roads with proactive, technical, and
customized assistance through the latest technology
that allows scenic byway officials to develop and
sustain their National Scenic Byways or All-American
Roads.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $1,500,000 for each of fiscal years
1998 through 2003.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection shall be 100 percent and such funds shall
remain available until expended.
(c) Coal Heritage Trail.--
(1) In general.--The Secretary shall make grants to
the State of West Virginia for the Coal Heritage Scenic
Byway for the purposes set forth in section 204(h) of
title 23, United States Code.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $2,000,000 for each of fiscal years 1999
through 2001.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(d) Traffic Calming Measures.--
(1) In general.--The Secretary shall provide
$5,000,000 for fiscal year 1999 and $2,000,000 for each
of fiscal years 2000 through 2003 to implement traffic
calming measures in Fauquier and Loudoun Counties,
Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(e) Pedestrian Bridge.--
(1) In general.--The Secretary shall provide
$1,000,000 for fiscal year 1999 for a pedestrian bridge
over United States Route 29 at Emmet Street in
Charlottesville, Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(f) Interpretive Center.--
(1) In general.--The Secretary shall provide
$600,000 for fiscal year 1999 for construction of the
Virginia Blue Ridge Parkway interpretive center located
on the Roanoke River Gorge in Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(g) Chain of Rocks Bridge.--
(1) In general.--The Secretary shall provide
$2,000,000 for fiscal year 1999 for the renovation and
preservation of the Missouri Route 66 Chain of Rocks
Bridge.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--
Notwithstanding any other provision of law, the Secretary shall
approve the construction of Type II noise barriers beginning on
the west side of Interstate Route 285 extending from Northlake
Parkway to Henderson Mill Road in Dekalb County, Georgia, from
funds apportioned under sections 104(b)(1) and 104(b)(3) of
title 23, United States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended--
(A) in the subsection heading by striking
``Congestion'' and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each
place it appears and inserting
``value''; and
(ii) by striking ``projects'' each
place it appears and inserting
``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and
inserting ``programs''; and
(ii) by striking ``traffic,
volume'' and inserting ``traffic
volume''.
(2) Increased number of projects.--Section
1012(b)(1) of such Act is amended in the second
sentence by striking ``5'' and inserting ``15''.
(3) Eligibility of preimplementation costs.--
Section 1012(b)(2) of such Act is amended in the second
sentence--
(A) by inserting after ``Secretary shall
fund'' the following: ``all preimplementation
costs and project design, and''; and
(B) by inserting after ``Secretary may not
fund'' the following: ``the preimplementation
or implementation costs of''.
(4) Tolling.--Section 1012(b)(4) of such Act is
amended by striking ``a pilot program under this
section, but not on more than 3 of such programs'' and
inserting ``any value pricing pilot program under this
subsection''.
(5) HOV passenger requirements.--Section 1012(b) of
such Act is amended by striking paragraph (6) and
inserting the following:
``(6) HOV passenger requirements.--Notwithstanding
section 146(c) of title 23, United States Code, a State
may permit vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicles
are part of a value pricing pilot program under this
subsection.''.
(6) Financial effects on low-income drivers.--
Section 1012(b) of such Act is amended by adding at the
end the following:
``(7) Financial effects on low-income drivers.--Any
value pricing pilot program under this subsection shall
include, if appropriate, an analysis of the potential
effects of the pilot program on low income drivers and
may include mitigation measures to deal with any
potential adverse financial effects on low-income
drivers.''.
(7) Funding.--Section 1012(b) of such Act (as
amended by paragraph (6)) is amended by adding at the
end the following:
``(8) Funding.--
``(A) In general.--There is authorized to
be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry
out this subsection $8,000,000 for each of
fiscal years 1998 through 2003.
``(B) Availability.--Funds allocated by the
Secretary to a State under this subsection
shall remain available for obligation by the
State for a period of 3 years after the last
day of the fiscal year for which the funds are
authorized.
``(C) Use of unallocated funds.--If the
total amount of funds made available from the
Highway Trust Fund under this subsection for
fiscal year 1998 and fiscal years thereafter
but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount--
``(i) shall be apportioned in the
following fiscal year by the Secretary
to all States in accordance with
section 104(b)(3) of title 23, United
States Code;
``(ii) shall be considered to be a
sum made available for expenditure on
the surface transportation program,
except that the amount shall not be
subject to section 133(d) of such
title; and
``(iii) shall be available for any
purpose eligible for funding under
section 133 of such title.
``(D) Contract authority.--Funds authorized
under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code; except that the Federal
share of the cost of any project under this
subsection and the availability of funds
authorized by this paragraph shall be
determined in accordance with this
subsection.''.
(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
(1) Establishment.--The Secretary shall establish
and implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
(A) An identification of the facility on
the Interstate System proposed to be a toll
facility, including the age, condition, and
intensity of use of the facility.
(B) In the case of a facility that affects
a metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that
includes--
(i) a plan for implementing the
imposition of tolls on the facility;
(ii) a schedule and finance plan
for the reconstruction or
rehabilitation of the facility using
toll revenues;
(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
(v) such other information as the
Secretary may require.
(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
(C) the State plan for implementing tolls
on the facility takes into account the
interests of local, regional, and interstate
travelers;
(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.
(5) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from
operation of the toll facility will be used
only for--
(i) debt service;
(ii) reasonable return on
investment of any private person
financing the project; and
(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
(6) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
(7) Program term.--The Secretary shall conduct the
pilot program under this subsection for a term to be
determined by the Secretary, but not less than 10
years.
(8) Interstate system defined.--In this subsection,
the term ``Interstate System'' has the meaning such
term has under section 101 of title 23, United States
Code.
SEC. 1217. ELIGIBILITY.
(a) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct any
portion of a Federal-aid primary route in San Mateo County,
California, that--
(1) was destroyed as a result of a combination of
storms in the winter of 1982-1983 and a mountain slide;
and
(2) until its destruction, served as the only
reasonable access route between 2 cities and as the
designated emergency evacuation route of 1 of the
cities;
shall be eligible for assistance under section 125(a) of title
23, United States Code, if the project complies with the local
coastal plan.
(b) Ambassador Bridge Access, Detroit, Michigan.--
(1) In general.--Notwithstanding section 129 of
title 23, United States Code, or any other provision of
law, improvements to access roads and construction of
access roads, approaches, and related facilities (such
as signs, lights, and signals) necessary to connect the
Ambassador Bridge in Detroit, Michigan, to the
Interstate System shall be eligible for funds
apportioned under paragraphs (1) and (3) of section
104(b) of such title.
(2) Use of funds.--Funds described in paragraph (1)
shall not be used for any improvement to, or
construction of, the bridge itself.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other
provision of law, a project to construct a new bridge over the
Cuyahoga River in Cleveland, Ohio, shall be eligible for funds
apportioned under section 104(b)(3) of such title.
(d) Connecticut.--In fiscal year 1998, the State of
Connecticut may transfer any funds remaining available for
obligation under section 104(b)(4) of title 23, United States
Code, as in effect on the day before the date of the enactment
of this Act, for construction of the Interstate System to any
other program eligible for assistance under chapter 1 of such
title. Before making any distribution of the obligation
limitation under section 1102(c)(6) of this Act, the Secretary
shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to
obligate funds available for transfer under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor organization,
shall be permitted to continue collecting tolls for maintenance
of, operation of, capital improvements to, and future
expansions to the International Bridge, Sault Ste. Marie,
Michigan, and its approaches, plaza areas, and associated
structures.
(f) Information Services.--A food business that would
otherwise be eligible to display a mainline business logo on a
specific service food sign described in section 2G-5.7(4) of
part IIG of the 1988 edition of the Manual on Uniform Traffic
Control Devices for Streets and Highways under the requirements
specified in that section, but for the fact that the business
is open 6 days a week, cannot be prohibited from inclusion on
such a food sign.
(g) Continuance of Commercial Operations at Certain Service
Plazas in the State of Maryland.--
(1) Waiver.--Notwithstanding section 111 of title
23, United States Code, and the agreements described in
paragraph (2), at the request of the Maryland
Transportation Authority, the Secretary shall allow the
continuance of commercial operations at the service
plazas on the John F. Kennedy Memorial Highway on
Interstate Route 95.
(2) Agreements.--The agreements referred to in
paragraph (1) are agreements between the Department of
Transportation of the State of Maryland and the Federal
Highway Administration concerning the highway described
in paragraph (1).
(h) Welcome Center Pilot Project.--
(1) In general.--The Secretary shall permit the
State of Georgia to conduct a pilot project to acquire,
construct, operate, and maintain a demonstration safety
rest area and information center along Interstate Route
75 in Cobb County, Georgia, in accordance with
paragraph (2).
(2) Information center and system.--The center may
provide goods and information that is of interest to
the traveling public, including commercial advertising
and media displays, if such advertising and displays
are--
(A) exhibited solely within any facility
constructed in the rest area; and
(B) not legible from the main traveled way.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall submit to Congress a report on the results of the
pilot project.
(i) Southern California.--Notwithstanding section 120(l)(1)
of title 23, United States Code--
(1) private entity expenditures to construct the
SR-91 toll road located in Orange County, California,
from SR-55 to the Riverside County line may be credited
toward the State matching share for any Federal-aid
project beginning construction after the SR-91 toll
road was opened to traffic; and
(2) private expenditures for the future SR-125 toll
road in San Diego County, California, from SR-905 to
San Miguel Road may be credited against the State match
share for Federal-aid highway projects beginning after
SR-125 is opened to traffic.
(j) Tolls on Pennsylvania Turnpike.--Notwithstanding any
other provision of law, no tolls shall be collected during the
6-year period beginning on the date of enactment of this Act on
the Pennsylvania Turnpike for travel either entering Bedford
and exiting Breezewood, Pennsylvania, or entering Breezewood
and exiting Bedford.
(k) Vicksburg and Jackson, Mississippi.--Notwithstanding
any other provision of this Act, funds authorized by this Act
(including amendments made by this Act) for transportation
projects in the State of Mississippi may be used for the
purpose of constructing, reconstructing, or rehabilitating rail
lines in the vicinity of Vicksburg and Jackson, Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Eligible project costs.--The term `eligible
project costs'--
``(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
``(B) includes the costs of preconstruction
planning activities.
``(2) Full project costs.--The term `full project
costs' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
``(3) MAGLEV.--The term `MAGLEV' means
transportation systems employing magnetic levitation
that would be capable of safe use by the public at a
speed in excess of 240 miles per hour or under 50 miles
per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
``(b) Financial Assistance.--
``(1) In general.--The Secretary shall make
available financial assistance to pay the Federal share
of full project costs of eligible projects selected
under this section. Financial assistance made available
under this section and projects assisted with the
assistance shall be subject to section 5333(a) of title
49, United States Code.
``(2) Federal share.--The Federal share of full
project costs under paragraph (1) shall be not more
than \2/3\.
``(3) Use of assistance.--Financial assistance
provided under paragraph (1) shall be used only to pay
eligible project costs of projects selected under this
section.
``(c) Solicitation of Applications for Assistance.--Not
later than 180 days after the date of enactment of this
subsection, the Secretary shall solicit applications from
States, or authorities designated by 1 or more States, for
financial assistance authorized by subsection (b) for planning,
design, and construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed
or low-speed ground transportation corridor that
exhibit partnership potential;
``(2) require an amount of Federal funds for
project financing that will not exceed the sum of--
``(A) the amounts made available under
subsection (h)(1)(A); and
``(B) the amounts made available by States
under subsection (h)(4);
``(3) result in an operating transportation
facility that provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs
paid using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan
planning requirements;
``(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
``(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
``(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The criteria
shall include the extent to which--
``(1) a project is nationally significant,
including the extent to which the project will
demonstrate the feasibility of deployment of MAGLEV
technology throughout the United States;
``(2) timely implementation of the project will
reduce congestion in other modes of transportation and
reduce the need for additional highway or airport
construction;
``(3) States, regions, and localities financially
contribute to the project;
``(4) implementation of the project will create new
jobs in traditional and emerging industries;
``(5) the project will augment MAGLEV networks
identified as having partnership potential;
``(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering
are considered and enhanced.
``(f) Project Selection.--
``(1) Preconstruction planning activities.--Not
later than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
``(A) preparation of such feasibility
studies, major investment studies, and
environmental impact statements and assessments
as are required under State law;
``(B) pricing of the final design,
engineering, and construction activities
proposed to be assisted under paragraph (2);
and
``(C) such other activities as are
necessary to provide the Secretary with
sufficient information to evaluate whether a
project should receive financial assistance for
final design, engineering, and construction
activities under paragraph (2).
``(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
``(g) Joint Ventures.--A project undertaken by a joint
venture of United States and non-United States persons
(including a project involving the deployment of non-United
States MAGLEV technology in the United States) shall be
eligible for financial assistance under this section if the
project is eligible under subsection (d) and selected under
subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section $15,000,000 for fiscal year
1999, $20,000,000 for fiscal year 2000,
and $25,000,000 for fiscal year 2001.
``(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
``(I) the Federal share of
the cost of a project carried
out under this section shall be
determined in accordance with
subsection (b); and
``(II) the availability of
the funds shall be determined
in accordance with paragraph
(2).
``(B) Noncontract authority authorization
of appropriations.--
``(i) In general.--There are
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section $200,000,000 for each of fiscal
years 2000 and 2001, $250,000,000 for
fiscal year 2002, and $300,000,000 for
fiscal year 2003.
``(ii) Availability.--
Notwithstanding section 118(a), funds
made available under clause (i) shall
not be available in advance of an
annual appropriation.
``(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
``(3) Other federal funds.--Notwithstanding any
other provision of law, funds made available to a State
to carry out the surface transportation program under
section 133 and the congestion mitigation and air
quality improvement program under section 149 may be
used by the State to pay a portion of the full project
costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of
credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after the
item relating to section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code
is amended by adding at the end the following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a
national scenic byways program that recognizes roads
having outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by
designating the roads as National Scenic Byways or All-
American Roads.
``(2) Criteria.--The Secretary shall designate
roads to be recognized under the national scenic byways
program in accordance with criteria developed by the
Secretary.
``(3) Nomination.--To be considered for the
designation, a road must be nominated by a State or a
Federal land management agency and must first be
designated as a State scenic byway or, in the case of a
road on Federal land, as a Federal land management
agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants
and provide technical assistance to States to--
``(A) implement projects on highways
designated as National Scenic Byways or All-
American Roads, or as State scenic byways; and
``(B) plan, design, and develop a State
scenic byway program.
``(2) Priorities.--In making grants, the Secretary
shall give priority to--
``(A) each eligible project that is
associated with a highway that has been
designated as a National Scenic Byway or All-
American Road and that is consistent with the
corridor management plan for the byway;
``(B) each eligible project along a State-
designated scenic byway that is consistent with
the corridor management plan for the byway, or
is intended to foster the development of such a
plan, and is carried out to make the byway
eligible for designation as a National Scenic
Byway or All-American Road; and
``(C) each eligible project that is
associated with the development of a State
scenic byway program.
``(c) Eligible Projects.--The following are projects that
are eligible for Federal assistance under this section:
``(1) An activity related to the planning, design,
or development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of
related amenities.
``(3) Safety improvements to a State scenic byway,
National Scenic Byway, or All-American Road to the
extent that the improvements are necessary to
accommodate increased traffic and changes in the types
of vehicles using the highway as a result of the
designation as a State scenic byway, National Scenic
Byway, or All-American Road.
``(4) Construction along a scenic byway of a
facility for pedestrians and bicyclists, rest area,
turnout, highway shoulder improvement, passing lane,
overlook, or interpretive facility.
``(5) An improvement to a scenic byway that will
enhance access to an area for the purpose of
recreation, including water-related recreation.
``(6) Protection of scenic, historical,
recreational, cultural, natural, and archaeological
resources in an area adjacent to a scenic byway.
``(7) Development and provision of tourist
information to the public, including interpretive
information about a scenic byway.
``(8) Development and implementation of a scenic
byway marketing program.
``(d) Limitation.--The Secretary shall not make a grant
under this section for any project that would not protect the
scenic, historical, recreational, cultural, natural, and
archaeological integrity of a highway and adjacent areas.
``(e) Savings Clause.--The Secretary shall not withhold any
grant or impose any requirement on a State as a condition of
providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority
provided in this chapter.
``(f) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80 percent,
except that, in the case of any scenic byway project along a
public road that provides access to or within Federal or Indian
land, a Federal land management agency may use funds authorized
for use by the agency as the non-Federal share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.
(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic decisionmaking responsibility of the
regional offices of the Federal Highway Administration
for the Federal-aid highway program as part of the
Administration's efforts to restructure its field
organization.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall eliminate regional offices, create
technical resource centers, and, to the maximum extent
practicable, delegate authority to State offices of the
Federal Highway Administration.
(b) Preference.--In locating the technical resource
centers, the Secretary shall give preference to cities that
house, on the date of enactment of this Act, the Federal
Highway Administration regional offices and are in locations
that minimize the travel distance between the technical
resource centers and the Federal Highway Administration
division offices that will be served by the new technical
resource centers.
(c) Report to Congress.--The Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a detailed implementation plan to carry out
this section not later than September 30, 1998, and thereafter
provide periodic progress reports on carrying out this section
to such Committees.
(d) Implementation.--The Secretary shall begin
implementation of the plan transmitted under subsection (c) not
later than December 31, 1998.
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
PROGRAM.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish
a comprehensive initiative to investigate and address the
relationships between transportation and community and system
preservation and identify private sector-based initiatives.
(b) Research.--
(1) In general.--In cooperation with appropriate
Federal agencies, State, regional, and local
governments, and other entities eligible for assistance
under subsection (d), the Secretary shall carry out a
comprehensive research program to investigate the
relationships between transportation, community
preservation, and the environment and the role of the
private sector in shaping such relationships.
(2) Required elements.--The program shall provide
for monitoring and analysis of projects carried out
with funds made available to carry out subsections (c)
and (d).
(c) Planning.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to States,
metropolitan planning organizations, and local
governments to plan, develop, and implement strategies
to integrate transportation and community and system
preservation plans and practices.
(2) Purposes.--The purposes of the allocations
shall be--
(A) to improve the efficiency of the
transportation system;
(B) to reduce the impacts of transportation
on the environment;
(C) to reduce the need for costly future
investments in public infrastructure;
(D) to provide efficient access to jobs,
services, and centers of trade; and
(E) to examine development patterns and
identify strategies to encourage private sector
development patterns which achieve the goals
identified in subparagraphs (A) through (D).
(3) Criteria.--In allocating funds made available
to carry out this subsection, the Secretary shall give
priority to applicants that--
(A) propose projects for funding that
address the purposes described in paragraph
(2); and
(B) demonstrate a commitment of non-Federal
resources to the proposed projects.
(4) Additional criteria.--In addition, the
Secretary shall give consideration to applicants that
demonstrate a commitment to public and private
involvement, including involvement of nontraditional
partners in the project team.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to States,
metropolitan planning organizations, and local
governments to carry out projects to address
transportation efficiency and community and system
preservation.
(2) Criteria.--In allocating funds made available
to carry out this subsection, the Secretary shall give
priority to applicants that--
(A) have instituted preservation or
development plans and programs that--
(i) meet the requirements of title
23 and chapter 53 of title 49, United
States Code; and
(ii)(I) are coordinated with State
and local adopted preservation or
development plans;
(II) are intended to promote cost-
effective and strategic investments in
transportation infrastructure that
minimize adverse impacts on the
environment; or
(III) are intended to promote
innovative private sector strategies.
(B) have instituted other policies to
integrate transportation and community and
system preservation practices, such as--
(i) spending policies that direct
funds to high-growth areas;
(ii) urban growth boundaries to
guide metropolitan expansion;
(iii) ``green corridors'' programs
that provide access to major highway
corridors for areas targeted for
efficient and compact development; or
(iv) other similar programs or
policies as determined by the
Secretary;
(C) have preservation or development
policies that include a mechanism for reducing
potential impacts of transportation activities
on the environment;
(D) examine ways to encourage private
sector investments that address the purposes of
this section; and
(E) propose projects for funding that
address the purposes described in subsection
(c)(2).
(3) Equitable distribution.--In allocating funds to
carry out this subsection, the Secretary shall ensure
the equitable distribution of funds to a diversity of
populations and geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds
made available to carry out this subsection
shall be used by the recipient to implement the
projects proposed in the application to the
Secretary.
(B) Types of projects.--The allocation of
funds shall be available for obligation for--
(i) any project eligible for
funding under title 23 or chapter 53 of
title 49, United States Code; or
(ii) any other activity relating to
transportation and community and system
preservation that the Secretary
determines to be appropriate, including
corridor preservation activities that
are necessary to implement--
(I) transit-oriented
development plans;
(II) traffic calming
measures; or
(III) other coordinated
transportation and community
and system preservation
practices.
(e) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$20,000,000 for fiscal year 1999 and $25,000,000 for
each of fiscal years 2000 through 2003.
(2) Contract authority.--Funds authorized under
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended--
(1) in the undesignated paragraph relating to
Alabama--
(A) by inserting ``Hale,'' after
``Franklin,''; and
(B) by inserting ``Macon,'' after
``Limestone,'';
(2) in the undesignated paragraph relating to
Georgia--
(A) by inserting ``Elbert,'' after
``Douglas,''; and
(B) by inserting ``Hart,'' after
``Haralson,'';
(3) in the undesignated paragraph relating to
Mississippi by striking ``and Winston'' and inserting
``Winston, and Yalobusha''; and
(4) in the undesignated paragraph relating to
Virginia--
(A) by inserting ``Montgomery,'' after
``Lee,''; and
(B) by inserting ``Rockbridge,'' after
``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act is
amended by striking ``section 201'' and inserting ``sections
201 and 403''. This amendment ensures that section 403 is still
in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.
(a) Purpose.--The purpose of this section is to authorize
the provision of assistance for, and support of, State and
local efforts concerning surface transportation issues
necessary to obtain the national recognition and economic
benefits of participation in the International Olympic
movement, the International Paralympic movement, and the
Special Olympics International movement by hosting
international quadrennial Olympic and Paralympic events, and
Special Olympics International events, in the United States.
(b) Priority for Transportation Projects Relating to
Olympic, Paralympic, and Special Olympic Events.--
Notwithstanding any other provision of law, from funds
available to carry out sections 118(c) and 144(g)(1) of title
23, United States Code, the Secretary may give priority to
funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, if--
(1) the project meets the extraordinary needs
associated with an international quadrennial Olympic or
Paralympic event or a Special Olympics International
event; and
(2) the project is otherwise eligible for
assistance under sections 118(c) and 144(g)(1) of such
title.
(c) Transportation Planning Activities.--The Secretary may
participate in--
(1) planning activities of States and metropolitan
planning organizations and transportation projects
relating to an international quadrennial Olympic or
Paralympic event, or a Special Olympics International
event, under sections 134 and 135 of title 23, United
States Code; and
(2) developing intermodal transportation plans
necessary for the projects in coordination with State
and local transportation agencies.
(d) Funding.--Notwithstanding section 5001(a), from funds
made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic, and
a Special Olympic transportation management plan in cooperation
with an Olympic Organizing Committee responsible for hosting,
and State and local communities affected by, an international
quadrennial Olympic or Paralympic event or a Special Olympics
International event.
(e) Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--
(1) In general.--The Secretary may provide
assistance, including planning, capital, and operating
assistance, to States and local governments in carrying
out transportation projects relating to an
international quadrennial Olympic or Paralympic event
or a Special Olympics International event.
(2) Federal share.--The Federal share of the cost
of a project assisted under this subsection shall not
exceed 80 percent.
(f) Eligible Governments.--A State or local government
shall be eligible to receive assistance under this section only
if the government is hosting a venue that is part of an
international quadrennial Olympics that is officially selected
by the International Olympic Committee.
(g) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section such sums as
are necessary for each of fiscal years 1998 through 2003.
Subtitle C--Program Streamlining and Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.
(a) Advance Acquisition of Real Property.--Section 108 of
title 23, United States Code, is amended by striking the
section heading and subsection (a) and inserting the following:
``Sec. 108. Advance acquisition of real property
``(a) In General.--
``(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of
real property for a transportation improvement eligible
for funding under this title, the Secretary, upon the
request of a State, may make available, for the
acquisition of real property, such funds apportioned to
the State as may be expended on the transportation
improvement, under such rules and regulations as the
Secretary may issue.
``(2) Construction.--The agreement between the
Secretary and the State for the reimbursement of the
cost of the real property shall provide for the actual
construction of the transportation improvement within a
period not to exceed 20 years following the fiscal year
for which the request is made, unless the Secretary
determines that a longer period is reasonable.''.
(b) Credit for Acquired Lands.--Section 323(b) of such
title is amended--
(1) in the subsection heading, by striking
``Donated'' and inserting ``Acquired'';
(2) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Notwithstanding any other
provision of this title, the State share of the cost of
a project with respect to which Federal assistance is
provided from the Highway Trust Fund (other than the
Mass Transit Account) may be credited in an amount
equal to the fair market value of any land that--
``(A) is lawfully obtained by the State or
a unit of local government in the State;
``(B) is incorporated into the project;
``(C) is not land described in section 138;
and
``(D) the Secretary determines will not
influence the environmental assessment of the
project, including--
``(i) the decision as to the need
to construct the project;
``(ii) the consideration of
alternatives; and
``(iii) the selection of a specific
location.
``(2) Establishment of fair market value.--The fair
market value of land incorporated into a project and
credited under paragraph (1) shall be established in
the manner determined by the Secretary, except that--
``(A) the fair market value shall not
include any increase or decrease in the value
of donated property caused by the project; and
``(B) the fair market value of donated land
shall be established as of the earlier of--
``(i) the date on which the
donation becomes effective; or
``(ii) the date on which equitable
title to the land vests in the
State.'';
(3) in paragraph (3) by striking ``agency of a
Federal, State, or local government'' and inserting
``agency of the Federal Government''; and
(4) in paragraph (4) by striking ``to which the
donation is applied''.
(c) Crediting of Contributions by Units of Local Government
Toward the State Share.--Section 323 of such title is amended
by adding at the end the following:
``(e) Crediting of Contributions by Units of Local
Government Toward the State Share.--A contribution by a unit of
local government of real property, funds, or material in
connection with a project eligible for assistance under this
title shall be credited against the State share of the project
at the fair market value of the real property, funds, or
material.''.
(d) Conforming Amendments.--
(1) Section 323 of such title is amended by
striking the section heading and inserting the
following:
``Sec. 323. Donations and credits''.
(2) The analysis for chapter 1 of such title is
amended by striking the item relating to section 108
and inserting the following:
``108. Advance acquisition of real property.''.
(3) The analysis for chapter 3 of such title is
amended by striking the item relating to section 323
and inserting the following:
``323. Donations and credits.''.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) by striking subsections (a) and (b) and
inserting the following:
``(a) In General.--The Secretary, from time to time as the
work progresses, may make payments to a State for costs of
construction incurred by the State on a project. Such payments
may also be made for the value of the materials--
``(1) that have been stockpiled in the vicinity of
the construction in conformity to plans and
specifications for the projects; and
``(2) that are not in the vicinity of the
construction if the Secretary determines that because
of required fabrication at an off-site location the
material cannot be stockpiled in such vicinity.
``(b) Project Agreement.--No payment shall be made under
this chapter except for a project covered by a project
agreement. After completion of the project in accordance with
the project agreement, a State shall be entitled to payment out
of the appropriate sums apportioned or allocated to the State
of the unpaid balance of the Federal share payable for such
project.'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection
(c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States
Code, is amended to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
``(a) Minimum Charge.--Subject to section 142(f), a State
shall charge, at a minimum, fair market value for the sale,
use, lease, or lease renewal (other than for utility use and
occupancy or for a transportation project eligible for
assistance under this title) of real property acquired with
Federal assistance made available from the Highway Trust Fund
(other than the Mass Transit Account).
``(b) Exceptions.--The Secretary may grant an exception to
the requirement of subsection (a) for a social, environmental,
or economic purpose.
``(c) Use of Federal Share of Income.--The Federal share of
net income from the revenues obtained by a State under
subsection (a) shall be used by the State for projects eligible
under this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
156 and inserting the following:
``156. Proceeds from the sale or lease of real property.''.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended
in the first sentence by inserting after ``10 years'' the
following: ``(or such longer period as the State requests and
the Secretary determines to be reasonable)''.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking the section heading and inserting
the following:
``Sec. 106. Project approval and oversight'';
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(3) by striking subsections (a) through (d) and
inserting the following:
``(a) In General.--
``(1) Submission of plans, specifications, and
estimates.--Except as otherwise provided in this
section, each State transportation department shall
submit to the Secretary for approval such plans,
specifications, and estimates for each proposed project
as the Secretary may require.
``(2) Project agreement.--The Secretary shall act
on the plans, specifications, and estimates as soon as
practicable after the date of their submission and
shall enter into a formal project agreementwith the
State transportation department formalizing the conditions of the
project approval.
``(3) Contractual obligation.--The execution of the
project agreement shall be deemed a contractual
obligation of the Federal Government for the payment of
the Federal share of the cost of the project.
``(4) Guidance.--In taking action under this
subsection, the Secretary shall be guided by section
109.
``(b) Project Agreement.--
``(1) Provision of state funds.--The project
agreement shall make provision for State funds required
to pay the State's non-Federal share of the cost of
construction of the project and to pay for maintenance
of the project after completion of construction.
``(2) Representations of state.--If a part of the
project is to be constructed at the expense of, or in
cooperation with, political subdivisions of the State,
the Secretary may rely on representations made by the
State transportation department with respect to the
arrangements or agreements made by the State
transportation department and appropriate local
officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
``(c) Assumption by States of Responsibilities of the
Secretary.--
``(1) Non-interstate nhs projects.--For projects
under this title that are on the National Highway
System but not on the Interstate System, the State may
assume the responsibilities of the Secretary under this
title for design, plans, specifications, estimates,
contract awards, and inspections of projects unless the
State or the Secretary determines that such assumption
is not appropriate.
``(2) Non-nhs projects.--For projects under this
title that are not on the National Highway System, the
State shall assume the responsibilities of the
Secretary under this title for design, plans,
specifications, estimates, contract awards, and
inspection of projects, unless the State determines
that such assumption is not appropriate.
``(3) Agreement.--The Secretary and the State shall
enter into an agreement relating to the extent to which
the State assumes the responsibilities of the Secretary
under this subsection.
``(4) Limitation on authority of secretary.--The
Secretary may not assume any greater responsibility
than the Secretary is permitted under this title on
September 30, 1997, except upon agreement by the
Secretary and the State.
``(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or discharge
any responsibility or obligation of the Secretary under--
``(1) section 113 or 114; or
``(2) any Federal law other than this title
(including section 5333 of title 49).
``(e) Value Engineering Analysis.--For such projects as the
Secretary determines advisable, plans, specifications, and
estimates for proposed projects on any Federal-aid highway
shall be accompanied by a value engineering analysis or other
cost reduction analysis.''.
(b) Financial Plan.--Section 106 of such title (as amended
by subsection (a)(2)), is amended by adding at the end the
following:
``(h) Financial Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $1,000,000,000 or more shall submit to the
Secretary an annual financial plan for the project. The plan
shall be based on detailed annual estimates of the cost to
complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of
future increases in the cost to complete the project.''.
(c) Life Cycle Cost Analysis.--Section 106 of such title
(as amended by subsection (a)(2)), is amended by striking
subsection (f) and inserting the following:
``(f) Life-Cycle Cost Analysis.--
``(1) Use of life-cycle cost analysis.--The
Secretary shall develop recommendations for the States
to conduct life-cycle cost analyses. The
recommendations shall be based on the principles
contained in section 2 of Executive Order No. 12893 and
shall be developed in consultation with the American
Association of State Highway and Transportation
Officials. The Secretary shall not require a State to
conduct a life-cycle cost analysis for any project as a
result of the recommendations required under this
subsection.
``(2) Life-cycle cost analysis defined.--In this
subsection, the term `life-cycle cost analysis' means a
process for evaluating the total economic worth of a
usable project segment by analyzing initial costs and
discounted future costs, such as maintenance, user
costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project
segment.''.
(d) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
106 and inserting the following:
``106. Project approval and oversight.''.
SEC. 1306. STANDARDS.
(a) Elimination of Guidelines and Annual Certification
Requirements.--Section 109 of title 23, United States Code, is
amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as
subsections (m) through (p), respectively.
(b) Safety standards.--Section 109 of such title (as
amended by subsection (a)), is amended by adding at the end the
following:
``(q) Phase Construction.--Safety considerations for a
project under this title may be met by phase construction
consistent with the operative safety management system
established in accordance with section 303 or in accordance
with a statewide transportation improvement program approved by
the Secretary.''.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States
Code, is amended--
(1) in the first sentence of paragraph (1) by
striking ``paragraph (2)'' and inserting ``paragraphs
(2) and (3)'';
(2) in paragraph (2)(A) by striking ``Each'' and
inserting ``Subject to paragraph (3), each''; and
(3) by adding at the end the following:
``(3) Design-build contracting.--
``(A) In general.--A State transportation
department or local transportation agency may
award a design-build contract for a qualified
project described in subparagraph (C) using any
procurement process permitted by applicable
State and local law.
``(B) Limitation on final design.--Final
design under a design-build contract referred
to in subparagraph (A) shall not commence
before compliance with section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332).
``(C) Qualified projects.--A qualified
project referred to in subparagraph (A) is a
project under this chapter for which--
``(i) the Secretary has approved
the use of design-build contracting
described in subparagraph (A) under
criteria specified in regulations
issued by the Secretary; and
``(ii) the total costs are
estimated to exceed--
``(I) in the case of a
project that involves
installation of an intelligent
transportation system,
$5,000,000; and
``(II) in the case of any
other project, $50,000,000.
``(D) Design-build contract defined.--In
this paragraph, the term `design-build
contract' means an agreement that provides for
design and construction of a project by a
contractor, regardless of whether the agreement
is in the form of a design-build contract, a
franchise agreement, or any other form of
contract approved by the Secretary.''.
(b) Inapplicability of Standardized Contract Clause
Requirement.--Section 112(e)(2) of such title is amended--
(1) by striking ``Paragraph'' and inserting the
following:
``(A) State law.--Paragraph'';
(2) by adding at the end the following:
``(B) Design-build contracts.--Paragraph
(1) shall not apply to any design-build
contract approved under subsection (b)(3).'';
and
(3) by aligning the remainder of the text of
subparagraph (A) (as designated by paragraph (1) of
this subsection) with subparagraph (B) of such section
(as added by paragraph (2) of this subsection).
(c) Regulations.--
(1) In general.--Not later than the effective date
specified in subsection (e), after consultation with
the American Association of State Highway and
Transportation Officials and representatives from
affected industries, the Secretary shall issue
regulations to carry out the amendments made by this
section.
(2) Contents.--The regulations shall--
(A) identify the criteria to be used by the
Secretary in approving the use by a State
transportation department or local
transportation agency of design-build
contracting; and
(B) establish the procedures to be followed
by a State transportation department or local
transportation agency for obtaining the
Secretary's approval of the use of design-build
contracting by the department or agency.
(d) Effect on Experimental Program.--Nothing in this
section or the amendments made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning design-build contracting that
is being carried out by the Secretary as of the date of
enactment of this Act.
(e) Effective Date for Amendments.--
(1) In general.--The amendments made by this
section take effect 3 years after the date of enactment
of this Act.
(2) Transition provision.--
(A) In general.--During the period before
issuance of the regulations under subsection
(c), the Secretary may approve, in accordance
with an experimental program described in
subsection (d), design-build contracts to be
awarded using any process permitted by
applicable State and local law; except that
final design under any such contract shall not
commence before compliance with section 102 of
the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
(B) Previously awarded contracts.--The
Secretary may approve design-build contracts
awarded before the date of enactment of this
Act.
(C) Design-build contract defined.--In this
paragraph, the term ``design-build contract''
means an agreement that provides for design and
construction of a project by a contractor,
regardless of whether the agreement is in the
form of a design-build contract, a franchise
agreement, or any other form of contract
approved by the Secretary.
(f) Report to Congress.--
(1) In general.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the effectiveness of
design-build contracting procedures.
(2) Contents.--The report shall contain--
(A) an assessment of the effect of design-
build contracting on project quality, project
cost, and timeliness of project delivery;
(B) recommendations on the appropriate
level of design for design-build procurements;
(C) an assessment of the impact of design-
build contracting on small businesses;
(D) assessment of the subjectivity used in
design-build contracting; and
(E) such recommendations concerning design-
build contracting procedures as the Secretary
determines to be appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study
set forth in section 450.318 of title 23, Code of Federal
Regulations, as a separate requirement, and promulgate
regulations to integrate such requirement, as appropriate, as
part of the analyses required to be undertaken pursuant to the
planning provisions of title 23, United States Code, and
chapter 53 of title 49, United States Code, and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
Federal-aid highway and transit projects. The scope of the
applicability of such regulations shall be no broader than the
scope of such section.
SEC. 1309. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary
shall develop and implement a coordinated environmental
review process for highway construction projects that
require--
(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental
assessment under such Act; or
(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an
environmental permit, license, or approval by
operation of Federal law.
(2) Memorandum of understanding.--
(A) In general.--The coordinated
environmental review process for each project
shall ensure that, whenever practicable (as
specified in this section), all environmental
reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or
made by any Federal agency for the project
concerned shall be conducted concurrently and
completed within a cooperatively determined
time period. Such process for a project or
class of project may be incorporated into a
memorandum of understanding between the
Department of Transportation and Federal
agencies (and, where appropriate, State
agencies).
(B) Establishment of time periods.--In
establishing the time period referred to in
subparagraph (A), and any time periods for
review within such period, the Department and
all such agencies shall take into account their
respective resources and statutory commitments.
(b) Elements of Coordinated Environmental Review Process.--
For each project, the coordinated environmental review process
established under this section shall provide, at a minimum, for
the following elements:
(1) Federal agency identification.--The Secretary
shall, at the earliest possible time, identify all
potential Federal agencies that--
(A) have jurisdiction by law over
environmental-related issues that may be
affected by the project and the analysis of
which would be part of any environmental
document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently--
(i) conduct an environmental-
related review or analysis; or
(ii) determine whether to issue a
permit, license, or approval or render
an opinion on the environmental impact
of the project.
(2) Time limitations and concurrent review.--The
Secretary and the head of each Federal agency
identified under paragraph (1)--
(A)(i) shall jointly develop and establish
time periods for review for--
(I) all Federal agency comments
with respect to any environmental
review documents required by the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
project; and
(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits,
licenses, and approvals that must be
issued or made for the project;
whereby each such Federal agency's review shall
be undertaken and completed within such
established time periods for review; or
(ii) may enter into an agreement to
establish such time periods for review with
respect to a class of project; and
(B) shall ensure, in establishing such time
periods for review, that the conduct of any
such analysis, review, opinion, and decision is
undertaken concurrently with all other
environmental reviews for the project,
including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); except that such review may not
be concurrent if the affected Federal agency
can demonstrate that such concurrent review
would result in a significant adverse impact to
the environment or substantively alter the
operation of Federal law or would not be
possible without information developed as part
of the environmental review process.
(3) Factors to be considered.--Time periods for
review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections 1501.8
and 1506.10 of title 40, Code of Federal Regulations.
(4) Extensions.--The Secretary shall extend any
time periods for review under this section if, upon
good cause shown, the Secretary and any Federal agency
concerned determine that additional time for analysis
and review is needed as a result of new information
that has been discovered that could not reasonably have
been anticipated when the Federal agency's time periods
for review were established. Any memorandum of
understanding shall be modified to incorporate any
mutually agreed-upon extensions.
(c) Dispute Resolution.--When the Secretary determines that
a Federal agency which is subject to a time period for its
environmental review or analysis under this section has failed
to complete such review, analysis, opinion, or decision on
issuing any permit, license, or approval within the established
time period or within any agreed-upon extension to such time
period, the Secretary may, after notice and consultation with
such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with
this section, that an environmental issue related to the
project that an affected Federal agency has jurisdiction over
by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the
matter not later than 30 days after the date of the finding by
the Secretary.
(d) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, a State, by operation of State law, may require
that all State agencies that have jurisdiction by State or
Federal law over environmental-related issues that may be
affected by the project, or that are requiredto issue any
environmental-related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be subject
to the coordinated environmental review process established under this
section unless the Secretary determines that a State's participation
would not be in the public interest. For a State to require State
agencies to participate in the review process, all affected agencies of
the State shall be subject to the review process.
(e) Assistance to Affected Federal Agencies.--
(1) In general.--The Secretary may approve a
request by a State to provide funds made available
under chapter 1 of title 23, United States Code, to the
State for the project subject to the coordinated
environmental review process established under this
section to affected Federal agencies to provide the
resources necessary to meet any time limits established
under this section.
(2) Amounts.--Such requests under paragraph (1)
shall be approved only--
(A) for the additional amounts that the
Secretary determines are necessary for the
affected Federal agencies to meet the time
limits for environmental review; and
(B) if such time limits are less than the
customary time necessary for such review.
(f) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall
affect the reviewability of any final Federal agency
action in a district court of the United States or in
the court of any State.
(2) Savings clause.--Nothing in this section shall
affect the applicability of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any
other Federal environmental statute or affect the
responsibility of any Federal officer to comply with or
enforce any such statute.
(g) Federal Agency Defined.--In this section, the term
``Federal agency'' means any Federal agency or any State agency
carrying out affected responsibilities required by operation of
Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 109 the following:
``Sec. 110. Uniform transferability of Federal-aid highway funds
``(a) General Rule.--Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50
percent of a State's apportionment under section 104 or 144 for
a fiscal year or at least 50 percent of the funds set-aside
under section 133(d) from the State's apportionment section
104(b)(3) may not be transferred to any other apportionment of
the State under section 104 or 144 for such fiscal year, then
the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such
State under section 104 or 144 for such fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last
sentence of section 133(d)(1) or to section 104(f) or to
section 133(d)(3). The maximum amount that a State may transfer
under this section of the State's set-aside under section
133(d)(1) or 133(d)(2) for a fiscal year may not exceed 25
percent of (1) the amount of such set-aside, less (2) the
amount of the State's set-aside under such section for fiscal
year 1997.
``(c) Application to Certain CMAQ Funds.--The maximum
amount that a State may transfer under this section of the
State's apportionment under section 104(b)(2) for a fiscal year
may not exceed 50 percent of (1) the amount of such
apportionment, less (2) the amount that the State's
apportionment under section 104(b)(2) for such fiscal year
would have been had the program been funded at $1,350,000,000.
Any such funds apportioned under section 104(b)(2) and
transferred under this section may only be obligated in
geographic areas eligible for the obligation of funds
apportioned under section 104(b)(2).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by inserting after the item relating to
section 109 the following:
``110. Uniform transferability of Federal-aid highway funds.''.
Subtitle D--Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting
the following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after
``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a
State may, at its discretion--
``(A) identify, through a survey, hazards
to motorists, bicyclists, pedestrians, and
users of highway facilities; and
``(B) develop and implement projects and
programs to address the hazards.''; and
(D) by aligning the remainder of the text
of paragraph (1) (as designated by subparagraph
(A) of this paragraph) with paragraph (2) of
such subsection (as added by subparagraph (C)
of this paragraph);
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety
improvement project, including a project described in
subsection (a)'';
(3) in subsection (c) by striking ``on any public
road (other than a highway on the Interstate System).''
and inserting the following: ``on--
``(1) any public road;
``(2) any public surface transportation facility or
any publicly owned bicycle or pedestrian pathway or
trail; or
``(3) any traffic calming measure.'';
(4) in subsection (e)--
(A) by striking ``apportioned to'' in the
first sentence and all that follows through
``shall be'' in the second sentence; and
(B) by striking ``section 104(b)(1)'' and
inserting ``section 104(b)''; and
(5) in subsections (f) and (g) by striking
``highway safety improvement projects'' each place it
appears and inserting ``safety improvement projects''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
issue guidance regarding the benefits and safety
performance of redirective and nonredirective crash
cushions in different road applications, taking into
consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-
of-way, and any other relevant factors. The guidance
shall include recommendations on the most appropriate
circumstances for utilization of redirective and
nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance
issued under this subsection in evaluating the safety
and cost-effectiveness of utilizing different crash
cushion designs and determining whether directive or
nonredirective crash cushions or other safety
appurtenances should be installed at specific highway
locations.
(b) Traffic Flow and Safety Applications of Road
Barriers.--
(1) Study.--The Secretary shall conduct a study on
the technologies and methods to enhance safety,
streamline construction, and improve capacity by
providing positive separation at all times between
traffic, equipment, and workers on highway construction
projects. The study shall also address how such
technologies can be used to improve capacity and safety
at those specific highway, bridge, and other
appropriate locations where reversible lane,
contraflow, and high occupancy vehicle lane operations
are implemented during peak traffic periods.
(2) Uses to consider.--In conducting the study, the
Secretary shall consider, at a minimum, uses of
positive separation technologies related to--
(A) separating workers from traffic flow
when work is in progress;
(B) providing additional safe work space by
utilizing adjacent and available traffic lanes
during off-peak hours;
(C) rapid deployment to allow for daily or
periodic restoration of lanes for use by
traffic during peak hours as needed;
(D) mitigating congestion caused by
construction by--
(i) opening all adjacent and
available lanes to traffic during peak
traffic hours; or
(ii) using reversible lanes to
optimize capacity of the highway by
adjusting to directional traffic flow;
and
(E) permanent use of positive separation
technologies to create contraflow or reversible
lanes to increase the capacity of congested
highways, bridges, and tunnels.
(3) Report.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the results of the
study. The report shall include findings and
recommendations for the use of the technologies
referred to in paragraph (2) to provide positive
separation on appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 157 and inserting the following:
``Sec. 157. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motor vehicle.--The term `motor vehicle'
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line.
``(2) Multipurpose passenger motor vehicle.--The
term `multipurpose passenger motor vehicle' means a
motor vehicle with motive power (except a trailer),
designed to carry not more than 10 individuals, that is
constructed on a truck chassis or is constructed with
special features for occasional off-road operation.
``(3) National average seat belt use rate.--The
term `national average seat belt use rate' means, in
the case of each of calendar years 1996 through 2001,
the national average seat belt use rate for that year,
as determined by the Secretary.
``(4) Passenger car.--The term `passenger car'
means a motor vehicle with motive power (except a
multipurpose passenger motor vehicle, motorcycle, or
trailer) designed to carry not more than 10
individuals.
``(5) Passenger motor vehicle.--The term `passenger
motor vehicle' means a passenger car or a multipurpose
passenger motor vehicle.
``(6) Savings to the federal government.--The term
`savings to the Federal Government' means the amount of
Federal budget savings relating to Federal medical
costs (including savingsunder the medicare and medicaid
programs under titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq.)), as determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body
passenger motor vehicle, including a
convertible, an occupant restraint system
consisting of a lap belt or a lap belt and a
detachable shoulder belt; and
``(B) with respect to any other passenger
motor vehicle, an occupant restraint system
consisting of integrated lap and shoulder
belts.
``(8) State seat belt use rate.--The term `State
seat belt use rate' means the rate of use of seat belts
in passenger motor vehicles in a State, as measured and
submitted to the Secretary--
``(A) for each of calendar years 1996 and
1997, by the State, as weighted by the
Secretary to ensure national consistency in
methods of measurement (as determined by the
Secretary); and
``(B) for each of calendar years 1998
through 2001, by the State in a manner
consistent with the criteria established by the
Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than
September 1, 1998, and September 1 of each calendar year
thereafter through September 1, 2002, the Secretary shall
determine--
``(1)(A) which States had, for each of the previous
calendar years (in this subsection referred to as the
`previous calendar year') and the year preceding the
previous calendar year, a State seat belt use rate
greater than the national average seat belt use rate
for that year; and
``(B) in the case of each State described in
subparagraph (A), the amount that is equal to the
savings to the Federal Government due to the amount by
which the State seat belt use rate for the previous
calendar year exceeds the national average seat belt
use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the
State, which shall be equal to the highest
State seat belt use rate for the State for any
calendar year during the period of 1996 through
the calendar year preceding the previous
calendar year; and
``(B) the amount that is equal to the
savings to the Federal Government due to any
increase in the State seat belt use rate for
the previous calendar year over the base seat
belt use rate determined under subparagraph
(A).
``(c) Allocations.--
``(1) States with greater than the national average
seat belt use rate.--Not later than October 1, 1998,
and each October 1 thereafter through October 1, 2002,
the Secretary shall allocate to each State described in
subsection (b)(1)(A) an amount equal to the amount
determined for the State under subsection (b)(1)(B).
``(2) Other states.--Not later than October 1,
1998, and each October 1 thereafter through October 1,
2002, the Secretary shall allocate to each State
described in subsection (b)(2) an amount equal to the
amount determined for the State under subsection
(b)(2)(B).
``(d) Use of Amounts.--For each fiscal year, each State
that is allocated an amount under this section shall use the
amount for projects eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
criteria for the measurement of State seat belt use rates by
States to ensure that the measurements are accurate and
representative.
``(f) Innovative Seat Belt Project Allocations.--
``(1) In general.--The Secretary shall use amounts
made available under subsection (g)(3) to make
allocations to States to carry out innovative projects
to promote increased seat belt use rates.
``(2) Determination of eligibility.--To be eligible
to receive an allocation under this subsection for a
fiscal year, a State shall--
``(A) develop a plan for innovative
projects described in paragraph (1); and
``(B) submit the plan to the Secretary not
later than March 1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1,
1998, the Secretary shall establish criteria
for the selection of State plans for
allocations under this subsection.
``(B) Selection.--The Secretary shall
select State plans for allocations under this
subsection in accordance with the criteria
established under subparagraph (A).
``(C) States.--In carrying out this
paragraph, the Secretary shall ensure, to the
maximum extent practicable, demographic and
geographic diversity and a diversity of seat
belt use rates among the States selected for
allocations.
``(4) Allocation.--Not later than October 1, 1999,
and each October 1 thereafter through October 1, 2002,
the Secretary shall allocate funds to the States whose
plans were selected under paragraph (3).
``(5) Amount of allocations.--Subject to the
availability of unallocated amounts under subsection
(g)(3), the amount of each allocation to a State under
this subsection shall be not less than $100,000 for
each fiscal year that is covered by a State plan.
``(6) Use of allocations.--An allocation to a State
under this subsection shall be used to carry out the
innovative seat belt projects described in the State
plan for which the allocation is awarded.
``(7) Federal share.--The Federal share of the cost
of an innovative seat belt project under this section
shall be 100 percent.
``(8) Period of availability.--Amounts allocated to
a State under this subsection shall remain available
for obligation in the State for a period of 3 years
after the last day of the fiscal year for which the
amounts are allocated.
``(g) Funding.--
``(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$82,000,000 for fiscal year 1999, $92,000,000 for
fiscal year 2000, $102,000,000 for fiscal year 2001,
$112,000,000 for fiscal year 2002, and $112,000,000 for
fiscal year 2003.
``(2) Proportionate adjustment.--If the total
amounts to be allocated under subsection (c) for any
fiscal year would exceed the amounts authorized for the
fiscal year under paragraph (1), the allocation to each
State under subsection (c) shall be reduced
proportionately.
``(3) Use of unallocated funds.--
``(A) Fiscal year 1999.--To the extent that
the amounts made available for fiscal year 1999
under paragraph (1) exceed the total amounts to
be allocated under subsection (c) for fiscal
year 1999, the excess amounts--
``(i) shall be apportioned in
accordance with section 104(b)(3);
``(ii) shall be considered to be
sums made available for expenditure on
the surface transportation program,
except that the amounts shall not be
subject to section 133(d); and
``(iii) shall be available for any
purpose eligible for funding under
section 133.
``(B) Fiscal years 2000 through 2003.--To
the extent that the amounts made available for
any of fiscal years 2000 through 2003 under
paragraph (1) exceed the total amounts to be
allocated under subsection (c) for the fiscal
year, the excess amounts shall be used to make
allocations under subsection (f).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 157 and inserting the following:
``157. Safety incentive grants for use of seat belts.''.
(c) Savings Clause.--The amendment made by subsection (a)
shall not affect any funds apportioned or allocated before the
date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
``(a) General Authority.--The Secretary shall make a grant,
in accordance with this section, to any State that has enacted
and is enforcing a law that provides that any person with a
blood alcohol concentration of 0.08 percent or greater while
operating a motor vehicle in the State shall be deemed to have
committed a per se offense of driving while intoxicated (or an
equivalent per se offense).
``(b) Grants.--For each fiscal year, funds authorized to
carry out this section shall be apportioned to each State that
has enacted and is enforcing a law meeting the requirements of
subsection (a) in an amount determined by multiplying--
``(1) the amount authorized to carry out this
section for the fiscal year; by
``(2) the ratio that the amount of funds
apportioned to each such State under section 402 for
such fiscal year bears to the total amount of funds
apportioned to all such States under section 402 for
such fiscal year.
``(c) Use of Grants.--A State may obligate funds
apportioned under subsection (b) for any project eligible for
assistance under this title.
``(d) Federal Share.--The Federal share of the cost of a
project funded under this section shall be 100 percent.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$55,000,000 for fiscal year 1998, $65,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year
2003.
``(2) Availability of funds.--Notwithstanding
section 118(b)(2), the funds authorized by this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
Subtitle E--Finance
CHAPTER 1--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE.
This chapter may be cited as the ``Transportation
Infrastructure Finance and Innovation Act of 1998''.
SEC. 1502. FINDINGS.
Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) traditional public funding techniques such as
grant programs are unable to keep pace with the
infrastructure investment needs of the United States
because of budgetary constraints at the Federal, State,
and local levels of government;
(3) major transportation infrastructure facilities
that address critical national needs, such as
intermodal facilities, border crossings, and multistate
trade corridors, are of a scale that exceeds the
capacity of Federal and State assistance programs in
effect on the date of enactment of this Act;
(4) new investment capital can be attracted to
infrastructure projects that are capable of generating
their own revenue streams through user charges or other
dedicated funding sources; and
(5) a Federal credit program for projects of
national significance can complement existing funding
resources by filling market gaps, thereby leveraging
substantial private co-investment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``Sec. 181. Definitions
``In this subchapter, the following definitions apply:
``(1) Eligible project costs.--The term `eligible
project costs' means amounts substantially all of which
are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
``(A) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
permitting, preliminary engineering and design
work, and other preconstruction activities;
``(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land related to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
``(C) capitalized interest necessary to
meet market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
``(2) Federal credit instrument.--The term `Federal
credit instrument' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under this subchapter with respect to a
project.
``(3) Investment-grade rating.--The term
`investment-grade rating' means a rating category of
BBB minus, Baa3, or higher assigned by a rating agency
to project obligations offered into the capital
markets.
``(4) Lender.--The term `lender' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
``(A) a qualified retirement plan (as
defined in section 4974(c) of the Internal
Revenue Code of 1986) that is a qualified
institutional buyer; and
``(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
``(5) Line of credit.--The term `line of credit'
means an agreement entered into by the Secretary with
an obligor under section 184 to provide a direct loan
at a future date upon the occurrence of certain events.
``(6) Loan guarantee.--The term `loan guarantee'
means any guarantee or other pledge by the Secretary to
pay all or part of the principal of and interest on a
loan or other debt obligation issued by an obligor and
funded by a lender.
``(7) Local servicer.--The term `local servicer'
means--
``(A) a State infrastructure bank
established under this title; or
``(B) a State or local government or any
agency of a State or local government that
isresponsible for servicing a Federal credit instrument on behalf of
the Secretary.
``(8) Obligor.--The term `obligor' means a party
primarily liable for payment of the principal of or
interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
``(9) Project.--The term `project' means--
``(A) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
``(B) a project for an international bridge
or tunnel for which an international entity
authorized under Federal or State law is
responsible.
``(C) a project for intercity passenger bus
or rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
``(D) a project for publicly owned
intermodal surface freight transfer facilities,
other than seaports and airports, if the
facilities are located on or adjacent to
National Highway System routes or connections
to the National Highway System.
``(10) Project obligation.--The term `project
obligation' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
``(11) Rating agency.--The term `rating agency'
means a bond rating agency identified by the Securities
and Exchange Commission as a Nationally Recognized
Statistical Rating Organization.
``(12) Secured loan.--The term `secured loan' means
a direct loan or other debt obligation issued by an
obligor and funded by the Secretary in connection with
the financing of a project under section 183.
``(13) State.--The term `State' has the meaning
given the term in section 101.
``(14) Subsidy amount.--The term `subsidy amount'
means the amount of budget authority sufficient to
cover the estimated long-term cost to the Federal
Government of a Federal credit instrument, calculated
on a net present value basis, excluding administrative
costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.).
``(15) Substantial completion.--The term
`substantial completion' means the opening of a project
to vehicular or passenger traffic.
``Sec. 182. Determination of eligibility and project selection
``(a) Eligibility.--To be eligible to receive financial
assistance under this subchapter, a project shall meet the
following criteria:
``(1) Inclusion in transportation plans and
programs.--The project--
``(A) shall be included in the State
transportation plan required under section 135;
and
``(B) at such time as an agreement to make
available a Federal credit instrument is
entered into under this subchapter, shall be
included in the approved State transportation
improvement program required under section 134.
``(2) Application.--A State, a local servicer
identified under section 185(a), or the entity
undertaking the project shall submit a project
application to the Secretary.
``(3) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under this subchapter, a project shall have
eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i) $100,000,000; or
``(ii) 50 percent of the amount of
Federal highway assistance funds
apportioned for the most recently
completed fiscal year to the State in
which the project is located.
``(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed $30,000,000.
``(4) Dedicated revenue sources.--Project financing
shall be repayable, in whole or in part, from tolls,
user fees, or other dedicated revenue sources.
``(5) Public sponsorship of private entities.--In
the case of a project that is undertaken by an entity
that is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraphs (1) and
(2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility criteria specified in subsection (a).
``(2) Selection criteria.--
``(A) In general.--The selection criteria
shall include the following:
``(i) The extent to which the
project is nationally or regionally
significant, in terms of generating
economic benefits, supporting
international commerce, or otherwise
enhancing the national transportation
system.
``(ii) The creditworthiness of the
project, including a determination by
the Secretary that any financing for
the project has appropriate security
features, such as a rate covenant, to
ensure repayment.
``(iii) The extent to which
assistance under this subchapter would
foster innovative public-private
partnerships and attract private debt
or equity investment.
``(iv) The likelihood that
assistance under this subchapter would
enable the project to proceed at an
earlier date than the project would
otherwise be able to proceed.
``(v) The extent to which the
project uses new technologies,
including intelligent transportation
systems, that enhance the efficiency of
the project.
``(vi) The amount of budget
authority required to fund the Federal
credit instrument made available under
this subchapter.
``(vii) The extent to which the
project helps maintain or protect the
environment.
``(viii) The extent to which
assistance under this chapter would
reduce the contribution of Federal
grant assistance to the project.
``(B) Preliminary rating opinion letter.--
For purposes of subparagraph (A)(ii), the
Secretary shall require each project applicant
to provide a preliminary rating opinion letter
from at least 1 rating agency indicating that
the project's senior obligations have the
potential to achieve an investment-grade
rating.
``(c) Federal Requirements.--In addition to the
requirements of this title for highway projects, chapter 53 of
title 49 for transit projects, and section 5333(a) of title 49
for rail projects, the following provisions of law shall apply
to funds made available under this subchapter and projects
assisted with the funds:
``(1) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
``(2) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
``Sec. 183. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2)
through (4), the Secretary may enter into agreements
with 1 or more obligors to make secured loans, the
proceeds of which shall be used--
``(A) to finance eligible project costs; or
``(B) to refinance interim construction
financing of eligible project costs;
of any project selected under section 182.
``(2) Limitation on refinancing of interim
construction financing.--A loan under paragraph (1)
shall not refinance interim construction financing
under paragraph (1)(B) later than 1 year after the date
of substantial completion of the project.
``(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each secured loan, taking
into account such letter.
``(4) Investment-grade rating requirement.--The
funding of a secured loan under this section shall be
contingent on the project's senior obligations
receiving an investment-grade rating, except that--
``(A) the Secretary may fund an amount of
the secured loan not to exceed the capital
reserve subsidy amount determined under
paragraph (3) prior to the obligations
receiving an investment-grade rating; and
``(B) the Secretary may fund the remaining
portion of the secured loan only after the
obligations have received an investment-grade
rating by at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines appropriate.
``(2) Maximum amount.--The amount of the secured
loan shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in
part, from tolls, user fees, or other
dedicated revenue sources; and
``(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
``(B) may have a lien on revenues described
in subparagraph (A) subject to any lien
securing project obligations.
``(4) Interest rate.--The interest rate on the
secured loan shall be not less than the yield on
marketable United States Treasury securities of a
similar maturity to the maturity of the secured loan on
the date of execution of the loan agreement.
``(5) Maturity date.--The final maturity date of
the secured loan shall be not later than 35 years after
the date of substantial completion of the project.
``(6) Nonsubordination.--The secured loan shall not
be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
``(8) Non-federal share.--The proceeds of a secured
loan under this subchapter may be used for any non-
Federal share of project costs required under this
title or chapter 53 of title 49, if the loan is
repayable from non-Federal funds.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on the projected cash flow from project
revenues and other repayment sources.
``(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
``(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.
``(4) Deferred payments.--
``(A) Authorization.--If, at any time
during the 10 years after the date of
substantial completion of the project, the
project is unable to generate sufficient
revenues to pay the scheduled loan repayments
of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and
interest to the outstanding balance of the
secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest
in accordance with subsection (b)(4)
until fully repaid; and
``(ii) be scheduled to be amortized
over the remaining term of the loan
beginning not later than 10 years after
the date of substantial completion of
the project in accordance with
paragraph (1).
``(C) Criteria.--
``(i) In general.--Any payment
deferral under subparagraph (A) shall
be contingent on the project meeting
criteria established by the Secretary.
``(ii) Repayment standards.--The
criteria established under clause (i)
shall include standards for reasonable
assurance of repayment.
``(5) Prepayment.--
``(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured loan and all deposit
requirements under the terms of any trust
agreement, bond resolution, or similar
agreement securing project obligations may be
applied annually to prepay the secured loan
without penalty.
``(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as
soon as practicable after substantial completion of a
project and after notifying the obligor, the Secretary
may sell to another entity or reoffer into the capital
markets a secured loan for the project if the Secretary
determines that the sale or reoffering can be made on
favorable terms.
``(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
if the Secretary determines that the budgetary cost of
the loan guarantee is substantially the same as that of
a secured loan.
``(2) Terms.--The terms of a guaranteed loan shall
be consistent with the terms set forth in this section
for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be
negotiated between the obligor and the lender, with the
consent of the Secretary.
``Sec. 184. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2)
through (4), the Secretary may enter into agreements to
make available lines of credit to 1 or more obligors in
the form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any project selected under section 182.
``(2) Use of proceeds.--The proceeds of a line of
credit made available under this section shall be
available to pay debt service on project obligations
issued to finance eligible project costs, extraordinary
repair and replacement costs, operation and maintenance
expenses, and costs associated with unexpected Federal
or State environmental restrictions.
``(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking
into account such letter.
``(4) Investment-grade rating requirement.--The
funding of a line of credit under this section shall be
contingent on the project's senior obligations
receiving an investment-grade rating from at least 1
rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines appropriate.
``(2) Maximum amounts.--
``(A) Total amount.--The total amount of
the line of credit shall not exceed 33 percent
of the reasonably anticipated eligible project
costs.
``(B) 1-year draws.--The amount drawn in
any 1 year shall not exceed 20 percent of the
total amount of the line of credit.
``(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized
interest, any debt service reserve fund, and any other
available reserve) are insufficient to pay the costs
specified in subsection (a)(2).
``(4) Interest rate.--The interest rate on a direct
loan resulting from a draw on the line of credit shall
be not less than the yield on 30-year marketable United
States Treasury securities as of the date on which the
line of credit is obligated.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in
part, from tolls, user fees, or other
dedicated revenue sources; and
``(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
``(B) may have a lien on revenues described
in subparagraph (A) subject to any lien
securing project obligations.
``(6) Period of availability.--The line of credit
shall be available during the period beginning on the
date of substantial completion of the project and
ending not later than 10 years after that date.
``(7) Rights of third party creditors.--
``(A) Against federal government.--A third
party creditor of the obligor shall not have
any right against the Federal Government with
respect to any draw on the line of credit.
``(B) Assignment.--An obligor may assign
the line of credit to 1 or more lenders or to a
trustee on the lenders' behalf.
``(8) Nonsubordination.--A direct loan under this
section shall not be subordinated to the claims of any
holder of project obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor.
``(9) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of providing a line of credit
under this section.
``(10) Relationship to other credit instruments.--A
project that receives a line of credit under this
section also shall not receive a secured loan or loan
guarantee under section 183 of an amount that, combined
with the amount of the line of credit, exceeds 33
percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall
establish repayment terms and conditions for each
direct loan under this section based on the projected
cash flow from project revenues and other repayment
sources.
``(2) Timing.--All scheduled repayments of
principal or interest on a direct loan under this
section shall commence not later than 5 years after the
end of the period of availability specified in
subsection (b)(6) and be fully repaid, with interest,
by the date that is 25 years after the end of the
period of availability specified in subsection (b)(6).
``(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.
``Sec. 185. Project servicing
``(a) Requirement.--The State in which a project that
receives financial assistance under this subchapter is located
may identify a local servicer to assist the Secretary in
servicing the Federal credit instrument made available under
this subchapter.
``(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
``(1) shall act as the agent for the Secretary; and
``(2) may receive a servicing fee, subject to
approval by the Secretary.
``(c) Liability.--A local servicer identified under
subsection (a) shall not be liable for the obligations of the
obligor to the Secretary or any lender.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms in the field of municipal
and project finance to assist in the underwriting and servicing
of Federal credit instruments.
``Sec. 186. State and local permits
``The provision of financial assistance under this
subchapter with respect to a project shall not--
``(1) relieve any recipient of the assistance of
any obligation to obtain any required State or local
permit or approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law
(including any regulation) applicable to the
construction or operation of the project.
``Sec. 187. Regulations
``The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this subchapter.
``Sec. 188. Funding
``(a) Funding.--
``(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this
subchapter--
``(A) $80,000,000 for fiscal year 1999;
``(B) $90,000,000 for fiscal year 2000;
``(C) $110,000,000 for fiscal year 2001;
``(D) $120,000,000 for fiscal year 2002;
and
``(E) $130,000,000 for fiscal year 2003.
``(2) Administrative costs.--From funds made
available under paragraph (1), the Secretary may use,
for the administration of this subchapter, not more
than $2,000,000 for each of fiscal years 1998 through
2003.
``(3) Availability.--Amounts made available under
paragraph (1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other
provision of law, approval by the Secretary of a
Federal credit instrument that uses funds made
available under this subchapter shall be deemed to be
acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
``(2) Availability.--Amounts authorized under this
section for a fiscal year shall be available for
obligation on October 1 of the fiscal year.
``(c) Limitations on Credit Amounts.--For each of fiscal
years 1998 through 2003, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
Maximum amount
``Fiscal year: of credit:
1998.................................................. $1,200,000,000
1999.................................................. $1,200,000,000
2000.................................................. $1,800,000,000
2001.................................................. $1,800,000,000
2002.................................................. $2,300,000,000
2003.................................................. $2,300,000,000.
``Sec. 189. Report to Congress
``Not later than 4 years after the date of enactment of
this subchapter, the Secretary shall submit to Congress a
report summarizing the financial performance of the projects
that are receiving, or have received, assistance under this
subchapter, including a recommendation as to whether the
objectives of this subchapter are best served--
``(1) by continuing the program under the authority
of the Secretary;
``(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the
program; or
``(3) by phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by this subchapter without Federal
participation.''.
(b) Conforming Amendments.--Chapter 1 of title 23, United
States Code, is amended--
(1) in the analysis--
(A) by inserting before ``Sec.'' the
following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
and
(B) by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Report to Congress.'';
and
(2) by inserting before section 101 the following:
``SUBCHAPTER I--GENERAL PROVISIONS''.
SEC. 1504. DUTIES OF THE SECRETARY.
Section 301 of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``and'' at the
end;
(2) in paragraph (8) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(9) develop and coordinate Federal policy on
financing transportation infrastructure, including the
provision of direct Federal credit assistance and other
techniques used to leverage Federal transportation
funds.''.
CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGRAM
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Other assistance.--The term ``other
assistance'' includes any use of funds in an
infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond
or debt instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of
credit and credit instruments;
(E) to finance purchase and lease
agreements with respect to transit projects;
(F) to provide bond or debt financing
instrument security; and
(G) to provide other forms of debt
financing and methods of leveraging funds that
are approved by the Secretary and that relate
to the project with respect to which the
assistance is being provided.
(2) State.--The term ``State'' has the meaning
given the term under section 401 of title 23, United
States Code.
(b) Cooperative Agreements.--
(1) In general.--
(A) Purpose of agreements.--Subject to this
section, the Secretary may enter into
cooperative agreements with the States of
California, Florida, Missouri, and Rhode Island
for the establishment of State infrastructure
banks and multistate infrastructure banks for
making loans and providing other assistance to
public and private entities carrying out or
proposing tocarry out projects eligible for
assistance under this section.
(B) Contents of agreements.--Each
cooperative agreement shall specify procedures
and guidelines for establishing, operating, and
providing assistance from the infrastructure
bank.
(2) Interstate compacts.--If 2 or more States enter
into a cooperative agreement under paragraph (1) with
the Secretary for the establishment of a multistate
infrastructure bank, Congress grants consent to those
States to enter into an interstate compact establishing
the bank in accordance with this section.
(c) Funding.--
(1) Contribution.--Notwithstanding any other
provision of law, the Secretary may allow, subject to
subsection (h)(1), a State that enters into a
cooperative agreement under this section to contribute
to the infrastructure bank established by the State not
to exceed--
(A)(i) the total amount of funds
apportioned to the State under each of
paragraphs (1), (3), and (4) of section 104(b)
and section 144 of title 23, United States
Code, excluding funds set aside under
paragraphs (1) and (2) of section 133(d) of
such title; and
(ii) the total amount of funds allocated to
the State under section 105 of such title;
(B) the total amount of funds made
available to the State or other Federal transit
grant recipient for capital projects (as
defined in section 5302 of title 49, United
States Code) under sections 5307, 5309, and
5311 of such title; and
(C) the total amount of funds made
available to the State under subtitle V of
title 49, United States Code.
(2) Capitalization grant.--For the purposes of this
section, Federal funds contributed to the
infrastructure bank under this subsection shall
constitute a capitalization grant for the
infrastructure bank.
(3) Special rule for urbanized areas of over
200,000.--Funds that are apportioned or allocated to a
State under section 104(b)(3) of title 23, United
States Code, and attributed to urbanized areas of a
State with a population of over 200,000 individuals
under section 133(d)(2) of such title may be used to
provide assistance from an infrastructure bank under
this section with respect to a project only if the
metropolitan planning organization designated for the
area concurs, in writing, with the provision of the
assistance.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established
under this section may make loans or provide other
assistance to a public or private entity in an amount
equal to all or part of the cost of carrying out a
project eligible for assistance under this section.
(2) Subordination of loans.--The amount of any loan
or other assistance provided for the project may be
subordinated to any other debt financing for the
project.
(3) Initial assistance.--Initial assistance
provided with respect to a project from Federal funds
contributed to an infrastructure bank under this
section shall not be made in the form of a grant.
(e) Qualifying Projects.--
(1) In general.--Subject to paragraph (2), funds in
an infrastructure bank established under this section
may be used only to provide assistancewith respect to
projects eligible for assistance under title 23, United States Code,
for capital projects (as defined in section 5302 of title 49, United
States Code), or for any other project related to surface
transportation that the Secretary determines to be appropriate.
(2) Interstate funds.--Funds contributed to an
infrastructure bank from funds apportioned to a State
under section 104(b)(4) of title 23, United States
Code, may be used only to provide assistance with
respect to projects eligible for assistance under such
paragraph.
(3) Rail program funds.--Funds contributed to an
infrastructure bank from funds made available to a
State under subtitle V of title 49 United States Code,
shall be used in a manner consistent with any project
description specified under the law making the funds
available to the State.
(f) Infrastructure Bank Requirements.--
(1) In general.--Subject to paragraph (2), in order
to establish an infrastructure bank under this section,
each State establishing such a bank shall--
(A) contribute, at a minimum, to the bank
from non-Federal sources an amount equal to 25
percent of the amount of each capitalization
grant made to the State and contributed to the
bank under subsection (c), except that if the
State has a higher Federal share payable under
section 120(b) of title 23, United States Code,
the State shall be required to contribute only
an amount commensurate with the higher Federal
share;
(B) ensure that the bank maintains on a
continuing basis an investment grade rating on
its debt issuances and its ability to pay
claims under credit enhancement programs of the
bank;
(C) ensure that investment income generated
by funds contributed to the bank will be--
(i) credited to the bank;
(ii) available for use in providing
loans and other assistance to projects
eligible for assistance from the bank;
and
(iii) invested in United States
Treasury securities, bank deposits, or
such other financing instruments as the
Secretary may approve to earn interest
to enhance the leveraging of projects
assisted by the bank;
(D) ensure that any loan from the bank will
bear interest at or below market rates, as
determined by the State, to make the project
that is the subject of the loan feasible;
(E) ensure that repayment of the loan from
the bank will commence not later than 5 years
after the project has been completed or, in the
case of a highway project, the facility has
opened to traffic, whichever is later;
(F) ensure that the term for repaying any
loan will not exceed the lesser of--
(i) 35 years after the date of the
first payment on the loan under
subparagraph (E); or
(ii) the useful life of the
investment; and
(G) require the bank to make a biennial
report to the Secretary and to make such other
reports as the Secretary may require in
guidelines.
(2) Waivers by the secretary.--The Secretary may
waive a requirement of any of subparagraphs (C) through
(G) of paragraph (1) with respect to an infrastructure
bank if the Secretary determines that the waiver is
consistent with the objectives of this section.
(g) Limitation on Repayments.--Notwithstanding any other
provision of law, the repayment of a loan or other assistance
provided from an infrastructure bank under this section may not
be credited toward the non-Federal share of the cost of any
project.
(h) Secretarial Requirements.--In administering this
section, the Secretary shall--
(1) ensure that Federal disbursements shall be at
an annual rate of not more than 20 percent of the
amount designated by the State for State infrastructure
bank capitalization under subsection (c)(1), except
that the Secretary may disburse funds to a State in an
amount needed to finance a specific project; and
(2) revise cooperative agreements entered into with
States under section 350 of the National Highway System
Designation Act of 1995 (Public Law 104-59) to comply
with this section.
(i) Applicability of Federal Law.--
(1) In general.--The requirements of titles 23 and
49, United States Code, that would otherwise apply to
funds made available under such titleand projects
assisted with those funds shall apply to--
(A) funds made available under such title
and contributed to an infrastructure bank
established under this section, including the
non-Federal contribution required under
subsection (f); and
(B) projects assisted by the bank through
the use of the funds;
except to the extent that the Secretary determines that
any requirement of such title (other than sections 113
and 114 of title 23 and section 5333 of title 49), is
not consistent with the objectives of this section.
(2) Repayments.--The requirements of titles 23 and
49, United States Code, shall apply to repayments from
non-Federal sources to an infrastructure bank from
projects assisted by the bank. Such a repayment shall
be considered to be Federal funds.
(j) United States Not Obligated.--
(1) In general.--The contribution of Federal funds
to an infrastructure bank established under this
section shall not be construed as a commitment,
guarantee, or obligation on the part of the United
States to any third party. No third party shall have
any right against the United States for payment solely
by virtue of the contribution.
(2) Statement.--Any security or debt financing
instrument issued by the infrastructure bank shall
expressly state that the security or instrument does
not constitute a commitment, guarantee, or obligation
of the United States.
(k) Management of Federal Funds.--Sections 3335 and 6503 of
title 31, United States Code, shall not apply to funds
contributed under this section.
(l) Program Administration.--
(1) In general.--A State may expend not to exceed 2
percent of the Federal funds contributed to an
infrastructure bank established by the State under this
section to pay the reasonable costs of administering
the bank.
(2) Non-federal funds.--The limitation described in
paragraph (1) shall not apply to non-Federal funds.
Subtitle F--High Priority Projects
SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 117 and inserting the following:
``Sec. 117. High priority projects program
``(a) Authorization of High Priority Projects.--The
Secretary is authorized to carry out high priority projects
with funds made available to carry out the high priority
projects program under this section. Of amounts made available
to carry out this section, the Secretary, subject to subsection
(b), shall make available to carry out each project described
in section 1602 of the Transportation Equity Act for the 21st
Century the amount listed for such project in such section. Any
amounts made available to carry out such program that are not
allocated for projects described in such section shall be
available to the Secretary, subject to subsection (b), to carry
out such other high priority projects as the Secretary
determines appropriate.
``(b) Allocation Percentages.--For each project to be
carried out with funds made available to carry out the high
priority projects program under this section--
``(1) 11 percent of such amount shall be available
for obligation beginning in fiscal year 1998;
``(2) 15 percent of such amount shall be available
for obligation beginning in fiscal year 1999;
``(3) 18 percent of such amount shall be available
for obligation beginning in fiscal year 2000;
``(4) 18 percent of such amount shall be available
for obligation beginning in fiscal year 2001;
``(5) 19 percent of such amount shall be available
for obligation beginning in fiscal year 2002; and
``(6) 19 percent of such amount shall be available
for obligation beginning in fiscal year 2003.
``(c) Federal Share.--The Federal share payable on account
of any project carried out with funds made available to carry
out this section shall be 80 percent of the total cost thereof.
``(d) Delegation to States.--Subject to the provisions of
this title, the Secretary shall delegate responsibility for
carrying out a project or projects, with funds made available
to carry out this section, to the State in which such project
or projects are located upon request of such State.
``(e) Advance Construction.--When a State which has been
delegated responsibility for a project under this section--
``(1) has obligated all funds allocated under this
section and section 1602 of the Transportation Equity
Act for the 21st Century for such project; and
``(2) proceeds to construct such project without
the aid of Federal funds in accordance with all
procedures and all requirements applicable to such
project, except insofar as such procedures and
requirements limit the State to the construction of
projects with the aid of Federal funds previously
allocated to it;
the Secretary, upon the approval of the application of a State,
shall pay to the State the Federal share of the cost of
construction of the project when additional funds are allocated
for such project under this section and section 1602 of the
Transportation Equity Act for the 21st Century.
``(f) Period of Availability.--Funds made available to
carry out this section shall remain available until expended.
``(g) Availability of Obligation Limitation.--Obligation
authority attributable to funds made available to carry out
this section shall only be available for the purposes of this
section and shall remain available until obligated pursuant to
section 1102(g) of the Transportation Equity Act for the 21st
Century.
``(h) Treatment.--Funds allocated to a State in accordance
with this section shall be treated as amounts in addition to
the amounts a State is apportioned under sections 104, 105, and
144 for programmatic purposes.''.
(b) Purpose of Projects.--Section 145 of such title is
amended--
(1) by inserting ``(a) Protection of State
Sovereignty.--'' before ``The authorization''; and
(2) by adding at the end the following:
``(b) Purpose of Projects.--The projects described in
section 1602 of the Transportation Equity Act for the 21st
Century, sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.),
and section 149(a) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are
intended to establish eligibility for Federal-aid highway funds
made available for such projects by section 1101(a)(13) of the
Transportation Equity Act for the 21st Century, 117 of title
23, United States Code, sections 1103 through 1108 of
Intermodal Surface Transportation Efficiency Act of 1991, and
subsections (b), (c), and (d) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987,
respectively, and are not intendedto define the scope or limits
of Federal action in a manner inconsistent with subsection (a).''.
(c) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
117 and inserting the following:
``117. High priority projects program.''.
SEC. 1602. PROJECT AUTHORIZATIONS.
Subject to section 117 of title 23, United States Code, the
amount listed for each high priority project in the following
table shall be available (from amounts made available by
section 1101(a)(13) of the Transportation Equity Act for the
21st Century) for fiscal years 1998 through 2003 to carry out
each such project:
------------------------------------------------------------------------
[Dollars in
No. State Project description Millions]
------------------------------------------------------------------------
1. Georgia I-75 advanced
transportation
management system in
Cobb County........... 1.275
2. Ohio Relocate Washington
Street/SR 149 within
Bellaire city limits
in Belmont County..... 2
3. Virginia Commuter and freight
rail congestion and
mitigation project
over Quantico Creek... 7.5
4. Michigan Construct bike path
between Mount Clemens
and New Baltimore..... 3.75
5. California Extend I-10 HOV lanes,
Los Angeles........... 2.205
6. Utah Reconstruct US-89 and
interchange at 200
North in Kaysville.... 5.25
7. Ohio Upgrade North Road
between US 422 and
East Market St.,
Trumbull Co........... 1.2
8. Tennessee Alternative
transportation
systems, Rutherford... 5.1
9. New York Improve Long Ridge Road
from Pound Ridge Road
to Connecticut State
line.................. 1.4
10. New York I-87 Noise Abatement
Program............... 7.5
11. California Upgrade access road to
Mare Island........... 0.75
12. Texas Reconstruct FM 364
between Humble Road
and I-10, Beaumont.... 3.6
13. Washington Construct pedestrian
access and safety on
Deception Pass Bridge,
Deception Pass State
Park, Washington...... 1
14. Ohio Conduct feasibility
study for inclusion of
US-22 as part of the
Interstate System..... 0.1
15. New York Improve Route 9 in
Dutchess County....... 1.14
16. California Reconstruct State Route
81 (Sierra Ave.) and I-
10 Interchange in
Fontana............... 7.5
17. New York Reconstruct Springfield
Blvd. between the Long
Island Rail main line
south to Rockaway
Blvd., Queens County.. 3
18. Tennessee Reconstruction of US-
414 In Henderson
County................ 3.75
19. New Jersey Upgrade Market St./
Essex St. and Rochelle
Ave./Main St. to
facilitate access to
Routes 17 and 80,
Bergen Co............. 3.75
20. Pennsylvania US-209 Marshall's Creek
Traffic Relief project
in Monroe County...... 7.5
21. Louisiana Replace ferry in
Plaquemines Parish.... 1.6125
22. Arkansas Construct access routes
between interstate
highway, industrial
park and Slackwater
Harbor, Little Rock... 0.75
23. Georgia Reconstruct SR-26/US-60
from Bull River to
Lazaretto Creek....... 2.6625
24. California Improve SR-91/Green
River Road interchange 4.875
25. Ohio Construct new bridge
over Muskingum River
and highway
approaches, Washington
County................ 1.5
26. Virginia Widen Route 123 from
Prince William County
line to State Route
645 in Fairfax County,
Virginia.............. 7.5
27. California Improve the interchange
at Cabo and Nason
Street in Moreno
Valley................ 4.5
28. Nevada Canamex Corridor
Innovative Urban
Renovation project in
Henderson............. 5.25
29. California Construct bikeways,
Santa Maria........... 0.384
30. Louisiana Expand Harding Road
from Scenic Highway to
the Mississippi River
and construct an
information center.... 2.7
31. Florida West Palm Beach Traffic
Calming Project on US-
1 and Flagur Drive.... 11.25
32. Oregon Construct bike path
paralleling 42nd
Street to link with
existing bike path,
Springfield........... 0.6
33. Illinois Construct elevated
walkway between Centre
Station and arena..... 0.9
34. Pennsylvania Construct Ardmore
Streetscape project... 0.45
35. California Construct San Diego and
Arizona Eastern
Intermodal Yard, San
Ysidro................ 10
36. New Jersey Replace Clove Road
bridge over tributary
of Mill Brook and
Clove Brook in Sussex
County................ 0.75
37. Oregon Design and engineering
for Newberg-Dundee
Bypass................ 0.375
38. Ohio Upgrade US Rt. 33
between vicinity of
Haydenville to
Floodwood (Nelsonville
Bypass)............... 3.75
39. Connecticut Revise interchange ramp
on to Route 72
northbound from I-84
East in Plainville,
Connecticut........... 2.8125
40. Alaska Construct Spruce Creek
Bridge in Soldotna.... 0.2625
41. New York Undertake studies,
planning, engineering,
design and
construction of a
tunnel alternative to
reconstruction of
existing elevated
expressway (Gowanus
tunnel project)....... 18
42. Virginia Reconstruct SR 168
(Battlefield Blvd.) in
Chesapeake............ 6
43. Pennsylvania Upgrade PA 228 (Crows
Run Corridor)......... 5.4
44. New York Upgrade and improve
Saratoga to Albany
intermodal
transportation
corridor.............. 12.2
45. Pennsylvania Widen Montgomery Alley
and improve pedestrian
and parking facilites
in the vicinity of the
Falling Spring,
Chambersburg.......... 2
46. Nebraska Corridor study for
Plattsmouth Bridge
area to US-75 and
Horning Road.......... 0.2625
47. Pennsylvania Construct SR 3019 over
Great Trough Creek in
Huntingdon County..... 0.375
48. Pennsylvania Improve PA 56 from I-99
to Somerset County
Line in Bedford County 0.75
49. Connecticut Replace Windham Road
bridge, Windham....... 1.5
50. Tennessee Upgrade Briley Parkway
between I-40 and
Opreyland............. 4.2
51. Pennsylvania Renovate Harrisburg
Transportation Center
in Dauphin County..... 1.875
52. Oregon Construct phase I:
highway 99 to Biddle
Road of the highway 62
corridor solutions
project............... 15.625
53. Washington Construct traffic
signals on US-2 at
Olds Owens Road and
5th Street in Sultan,
Washington............ 0.257
54. New York Upgrade Route 17
between Five Mile
Point and Occanum,
Broome Co............. 12.6
55. Texas Improve US 82, East-
West Freeway between
Memphis Avenue and
University Avenue..... 12.3
56. Tennessee Construct Stones River
Greenway, Davidson.... 8.2
57. Minnesota Conduct study of
potential for
diversion of traffic
from the I-35 corridor
to commuter rail,
Chisago County north
of Forest Lake along I-
35 corridor to Rush
City.................. 0.375
58. Minnesota Upgrade 10th Street
South, St. Cloud...... 1.125
59. Tennessee Improve State Road 95
from Westover Drive to
SR-62 in Roane and
Anderson Counties..... 3.675
60. California Construct Ontario
International Airport
ground access program. 10.5
61. Iowa Construct four-lane
expressway between Des
Moines and
Marshalltown.......... 7.5
62. Texas Upgrade FM225,
Nacogdoches........... 3
63. Ohio Upgrade US Rt. 35
between vicinity of
Chillicothe to Village
of Richmond Dale...... 3.75
64. Indiana Upgrade 93rd Avenue in
Merrillville.......... 4.425
65. California Improve streets and
construct bicycle
path, Westlake Village 0.236
66. Pennsylvania Upgrade I-95 between
Lehigh Ave. and
Columbia Ave. and
improvements to Girard
Ave./I-95 interchange,
Philadelphia.......... 21.45
67. Michigan Construct I-96/Beck
Wixom Road interchange 1.95
68. Pennsylvania Construct I-95/Route
332 interchange....... 1.5
69. California Improve streets and
construct bicycle
path, Calabasas....... 0.75
70. New York Construct Hutton Bridge
Project............... 1
71. Ohio Restore Main and First
Streets to two-way
traffic, Miamisburg... 0.3375
72. Virginia Widen I-64 Bland
Boulevard interchange. 25.8375
73. Washington Widen Cook Road in
Skagit County,
Washington............ 3.1
74. New York Construct interchange
and connector road
using ITS testbed
capabilities at I-90
Exit 8................ 8.775
75. New York Construct Edgewater
Road Dedicated Truck
Route................. 9
76. Illinois Upgrade Illinois 336
between Illinois 61 to
south of Loraine...... 3.825
77. Michigan Reconstruct Bagley
Street and improve
Genschaw Road, Alpena. 0.45
78. California Construct Third Street
South Bay Basin
Bridge, San Francisco. 9.375
79. New Mexico Improve I-25 at Raton
Pass.................. 9
80. Pennsylvania Construct Mon-Fayette
Expressway between
Union Town and
Brownsville........... 20
81. Michigan Upgrade Hill Road
corridor between I-75
to Dort Highway,
Genesee Co............ 2.25
82. Georgia Improve GA-316 in
Gwinnett County....... 30.675
83. North Carolina Construct segment of
new freeway, including
right-of-way
acquisition, between
East of US 401 to I-
95, and bridge over
Cape Fear River....... 12
84. Florida Construct US-98/Thomas
Drive interchange..... 8.25
85. Illinois Construct I-64/North
Greenmount Rd.
interchange, St. Clair
Co.................... 3.6
86. South Carolina Three River Greenway
Project to and from
Gervals Street in
Columbia.............. 3.75
87. New York Upgrade Chenango County
Route 32 in Norwich... 1.6
88. Maine Construct I-95/
Stillwater Avenue
interchange........... 1.5
89. Massachusetts Construct I-495/Route 2
interchange east of
existing interchange
to provide access to
commuter rail station,
Littleton............. 3.15
90. Connecticut Construct Seaview
Avenue Corridor
project............... 2.5
91. Texas Construct
transportation
improvements as part
of redevelopment of
Kelly AFB, San Antonio 3.75
92. Texas Conduct pipeline
express study through
Texas Transportation
Institute (A&M
University)........... 1.125
93. Illinois Undertake improvements
to Campus
Transportation System,
Chicago............... 1.5
94. Pennsylvania Improve walking and
biking trails between
Easton and Lehigh
Gorge State Park
within the Delaware
and Lehigh Canal
National Heritage
Corridor.............. 2.1
95. Michigan Upgrade and make
improvements to the
Walton Corridor
project including
segments of Walton
Blvd., Baldwin and
Joslyn Roads, and
Telegraph Road........ 10.5
96. North Carolina Construct Charlotte
Western Outer Loop
freeway, Mecklenburg
Co.................... 12
97. Tennessee Reconstruct US 79
between Milan and
McKenzie.............. 3
98. Virginia Undertake access
improvements for
Freemason Harbor
Development
Initiative, Norfolk... 1.5
99. Pennsylvania Upgrade US Rt. 119
between Homer City and
Blairsville........... 3.05
100. Minnesota Construct pedestrian
bridge over TH 169 in
Elk River............. 0.53025
101. Georgia Construct Athens to
Atlanta Transportation
Corridor.............. 6
102. Alabama Initiate construction
on controlled access
highway between the
Eastern edge of
Madison County and
Mississippi State line 3
103. Texas Construct improvments
along US 69 including
frontage roads,
Jefferson Co.......... 5.76
104. New York Rehabilitate Broadway
Bridge, New York City. 1.5
105. Ohio Reconstruct Morgan
County 37 in Morgan
County................ 0.4
106. California Improve Mission
Boulevard in San
Bernardino, California 0.5
107. Indiana Widen 116th Street in
Carmel................ 1.125
108. Illinois Undertake traffic
mitigation and
circulation
enhancements, 57th and
Lake Shore Drive...... 2
109. Georgia Construct Rome to
Memphis Highway in
Floyd and Bartow
Counties.............. 0.584
110. Ohio Construct highway-rail
grade separations on
Snow Road in Brook
Park.................. 4.75
111. Kentucky Construct highway-rail
grade separations
along the City Lead in
Paducah............... 0.825
112. Illinois Resurface S. Chicago
Ave. From 71st to 95th
Streets, Chicago...... 0.795
113. Minnesota Upgrade TH 13 between
TH 77 and I-494....... 1.5
114. Kentucky Redevelop and improve
ground access to
Louisville Waterfront
District in
Louisville, Kentucky.. 2.84
115. South Dakota Construct US-16 Hell
Canyon Bridge and
approaches in Custer
County................ 0.441
116. Georgia Resurface Davis Drive,
Green Street, and
North Houston Road in
Warner Robins......... 0.3
117. Pennsylvania Construct highway-
transit transfer
facility in Lemoyne... 1.5
118. Georgia Upgrade I-75 between
the Crisp/Dooly Co.
line to the Florida
State line............ 8.25
119. New Jersey Conduct Route 46
Corridor Improvement
Project with the
amount provided,
$8,625,000 for the
Route 46/Riverview
Drive Interchange
reconstruction
project, $12,675,000
for the Route 46/Van
Houton Avenue
reconstruction
project, and
$3,075,000 for the
Route 46/Union Blvd.
interchange
reconstruction project 24.375
120. Mississippi Construct segment 2 of
the Jackson University
Parkway in Jackson.... 0.6875
121. New Jersey Improve grade
separations on the
Garden State Parkway
in Cape May County,
New Jersey............ 10.5
122. Pennsylvania Construct access to
site of former
Philadelphia Naval
Shipyard and Base,
Philadelphia.......... 1.5
123. Idaho Reconstruct US-95 from
Bellgrove to Mica..... 9
124. Illinois Improve access to 93rd
Street Station,
Chicago............... 2.25
125. Illinois Rehabilitate WPA
Streets in Chicago.... 4.7
126. Minnesota Construct grade
crossing improvments,
Morrison County....... 1.35
127. Kentucky Extend Hurstbourne
Parkway from Bardstown
Road to Fern Valley
Road.................. 4.56
128. Texas Upgrade SH 130 in
Caldwell amd
Williamson Counties... 0.75
129. Massachusetts Construct bikeway
between Blackstone and
Worcester............. 6
130. New York Rehabilitate roads,
Village of Great Neck. 0.12
131. Virginia Widen I-81 in Roanoke
and Botetourt Counties
and in Rockbridge,
Augusta and Rockingham
Counties.............. 4
132. Illinois Construct an
interchange at I-90
and Illinois Route 173
in Rockford........... 5.625
133. Illinois Engineering for Peoria
to Chicago expressway. 5
134. Pennsylvania Construct access
improvements between
exits 56 and 57 off I-
81 in Lackawanna...... 1.275
135. California Reconstruct Tennessee
Valley Bridge, Marin
Co.................... 0.75
136. Michigan Improvements to Card
Road between 21 mile
road and 23 mile road
in Macomb Co.......... 0.975
137. Illinois Construct Veterans
Parkway from Eastland
Drive to Commerce
Parkway in Bloomington 7.88
138. New York Conduct safety study
and improve I-90 in
Downtown Buffalo...... 0.4
139. Minnesota Upgrade CSAH 1 from
CSAH 61 to 0.8 miles
north................. 0.36
140. Pennsylvania Construct access road
and parking
facilities, Valley
Forge National
Historic Park, Valley
Forge................. 3
141. Illinois Construct Orchard Road
Bridge over the Fox
River................. 5.25
142. Missouri Construct US-412
corridor from Kennett
to Hayti, Missouri.... 6
143. Michigan Upgrade M-84 connector
between Tittabawasee
Rd. and M-13, Bay and
Saginaw Counties...... 13.135
144. Louisiana Increase capacity of
Lake Pontchartrain
Causeway.............. 1
145. Tennessee Improve the Elizabethon
Connector from US-312
to US-19 East......... 6.3375
146. Texas Construct Austin to San
Antonio Corridor...... 5.625
147. Pennsylvania Make safety
improvements on PA Rt.
61 (Dusselfink Safety
Project) between Rt.
183 in Cressona and SR
0215 in Mount Carbon.. 7
148. Tennessee Improve State Route 92
from I-40 to South of
Jefferson City........ 3.4125
149. Illinois Planning, engineering
and first phase
construction of
beltway connector,
Decatur............... 2
150. Indiana Safety improvements to
McKinley and Riverside
Avenues in Muncie..... 6.825
151. Georgia Widen Georgia Route 6/
US-278 in Polk County. 5.666
152. Arkansas Widen 28th Street and
related improvements
in Van Buren, Arkansas 0.75
153. Tennessee Reconstruct Old Walland
Highway bridge over
Little River in
Townsend.............. 1.26
154. Missouri Construct Highway 36
Hannibal Bridge and
approaches in Marion
County................ 2.4
155. Minnesota Construct Cass County
Public Trails
Corridors............. 0.18
156. Alabama Construct Eastern Black
Warrior River Bridge.. 13
157. Michigan Construct Monroe Rail
Consolidation Project,
Monroe................ 4.5
158. Illinois Rehabilitate 95th
Street between 54th
Place and 50th Avenue,
Oak Lawn.............. 0.6
159. New York Construct Hamilton
Street interchange in
Erwin, New York....... 12.375
160. New York Improve 6th and
Columbia Street
project in Elmira..... 0.525
161. California Enhance Fort Bragg and
Willitis passenger
stations.............. 0.275
162. New York Capital improvements
for the car float
operations in
Brooklyn, New York,
for the New York City
Economic Development
Corp.................. 14
163. New Jersey Construct New Jersey
Exit 13A Flyover
(extension of Kapowski
Rd. to Trumbull St.).. 2
164. Pennsylvania Relocate U.S. 22 around
the Borough of
Holidaysburg, PA, or
other projects in the
counties of Bedford,
Blair, Centre,
Franklin, Mifflin,
Fulton and Clearfield,
and Huntingdon as
selected by the State
of Pennsylvania....... 25
165. Wyoming Construct Jackson-Teton
Pathway in Teton
County................ 1.5
166. Michigan Construct improvements
to 23 Mile Road
between Mound Road and
M-53, Macomb County... 2.25
167. Michigan Early preliminary
engineering/
preliminary
engineering to U.S.
131 B.R./Industrial
Connector, Kalamazoo,
Michigan.............. 1.5
168. Illinois Construct improvements
to segment of Town
Creek Road, Jackson Co 0.975
169. Vermont Replace Missisquoi Bay
Bridge................ 12
170. Massachusetts Upgrade Sacramento
Street underpass,
Somerville............ 0.1875
171. Oregon Study and design I-5/
Beltline Road
interchange
reconstruction........ 3
172. Massachusetts Construct accessibility
improvments to Charles
Street T Station,
Boston................ 3
173. California Widen and improve I-5/
State Route 126
interchange in
Valencia.............. 10.425
174. Arkansas Widen Highway 65/82
from Pine Bluff to the
Mississippi State line 5.375
175. Ohio Rehabilitate Martin
Luther King, Jr.
Bridge, Toledo........ 1.5
176. California Upgrade I-880, Alameda. 7.5
177. Illinois Right-of-way
acquisition for
segment of Alton
Bypass between
Illinois 143 to
Illinois 140 near
Alton................. 3
178. Georgia Conduct study of a
multimodal
transportation
corridor along GA-400. 17.25
179. Illinois Reconstruct Dixie
Highway, Harvey....... 0.3705
180. Tennessee Construct State Route
131 from Gill Road to
Bishop Road........... 1.8
181. Washington Construct Port of
Kalama River Bridge... 0.675
182. Virginia Upgrade Virginia Route
10, Surrey Co......... 0.75
183. Iowa Reconstruct US Highway
218 between 7th and
20th Streets inlcuding
center turn lane from
Hubenthal Place to
Carbide Lane, Keokuk.. 2.5
184. Oregon Repair bridge over
Rogue River, Gold
Beach................. 10
185. New Jersey Construct pedestrian
bridge in Washington
Township.............. 2.25
186. Ohio Construct Chesapeake
Bypass, Lawrence Co... 3.75
187. California Rehabilitate historic
train depot in San
Bernadino............. 2.625
188. Michigan Construct improvements
to Linden Rd. between
Maple Ave. and Pierson
Rd., Genessee Co...... 0.9
189. Alabama Construct Crepe Myrtle
Trail near Mobile,
Alabama............... 1.2
190. New York Reconstruct Route 23/
Route 205 intersection
in Oneonta............ 0.85
191. Rhode Island Reconstruct
interchanges on Rt.
116 between Rt. 146
and Ashton Viaduct,
Lincoln............... 0.33375
192. Michigan Construct route
improvements along
Washington Ave.
between Janes Ave. to
Johnson St. and East
Genesee Ave. between
Saginaw River and
Janes Ave., Saginaw... 2.7
193. California Realign and improve
California Route 79 in
Riverside County...... 4.5
194. Michigan Construct Tawas Beach
Road/US 23 interchange
improvements, East
Tawas................. 1.65
195. Illinois Rehabilitate Timber
Bridge over Little
Muddy River and
approach roadway,
Perry Co.............. 0.105
196. Texas Construct East Loop,
Brownsville........... 0.75
197. Mississippi Upgrade Cowan-Lorraine
Rd. between I-10 and
U.S. 90, Harrison Co.. 8.5
198. California Construct Alameda
Corridor East project. 9.5625
199. Washington Construct I-5
interchanges in Lewis
County................ 4.9875
200. Minnesota Undertake improvements
to Hennepin County
Bikeway............... 3.9
201. Illinois Construct Alton Bypass
from IL-40 to
Fosterburg Road....... 1.875
202. Louisiana Construct Houma-
Thibodaux to I-10
connector from
Gramercy to Houma..... 2.325
203. Illinois Study for new bridge
over Mississippi River
with terminus points
in St. Clair County
and St. Louis, MO..... 1.05
204. New York Rehabilitate Queens
Blvd./Sunnyside Yard
Bridge, New York City. 6
205. North Carolina Construct segment of I-
74 between Maxton
Bypass and NC 710,
Robeson Co............ 1.5
206. Alabama Conduct engineering,
acquire right-of-way
and construct the
Birmingham Northern
Beltline in Jefferson
County................ 17
207. South Dakota Replace Meridan Bridge. 3.25
208. Ohio Upgrade Route 82,
Strongsville.......... 5.25
209. Mississippi Construct I-20/Norrell
Road interchange,
Hinds County.......... 3.75
210. Wisconsin Reconstruct U.S.
Highway 151, Waupun to
Fond du Lac........... 19.5
211. Michigan Improve Kent County
Airport road access in
Grand Rapids, Michigan
by extending 36th
Street, improving 48th
Street and
constructing the I-96/
Whitneyville
interchange........... 11.28
212. Pennsylvania Replace Dellville
Bridge in Wheatfield.. 0.75
213. California Upgrade Ft. Irwin Road
from I-15 to Fort
Irwin................. 1.125
214. New York Reconstruct 127th
Street viaduct, New
York City............. 1.5
215. Arkansas Upgrade US Rt. 67,
Newport to Missouri
State line............ 1.5
216. Louisiana Extend Howard Avenue to
Union Passenger
Terminal, New Orleans. 6
217. Colorado Complete the Powers
Boulevard north
extension in Colorado
Springs............... 9
218. Pennsylvania Widen US-30 from US-222
to PA-340 and from PA-
283 to PA-741......... 9
219. Pennsylvania Upgrade Route 219
between Meyersdale and
Somerset.............. 2.4
220. Mississippi Widen MS-15 from Laurel
to Louiseville........ 7.5
221. California Construct bike paths,
Thousand Oaks......... 0.625
222. Texas Investigate strategies
to reduce congestion
and facilitate access
at the international
border crossing in
Roma.................. 0.375
223. Wisconsin Upgrade Marshfield
Blvd., Marshfield..... 3.75
224. Wisconsin Construct Abbotsford
Bypass................ 4.5
225. New York Reconstruct Route 25/
Route 27 intersection
in St. Lawrence County 0.75
226. California Upgrade access to
Sylmar/San Fernando
Metrolink Station and
Westfield Village, Los
Angeles............... 0.375
227. Tennessee Construct park and ride
intermodal centers for
Nashville/Middle
Tennessee Commuter
Rail.................. 8
228. Illinois Upgrade St. Marie
Township Road, Jasper
County................ 0.036
229. Illinois Resurface 95th St.
between Western Ave.
and Stony Island
Blvd., Chicago........ 2.34
230. New York Construct new exit 46A
on I-90 at Route 170
in North Chili........ 6
231. Indiana Upgrade 4 warning
devices on north/south
rail line from Terre
Haute to Evansville... 0.3
232. California Improve SR-70 from
Marysville Bypass to
Oroville Freeway...... 6.25
233. Dist. of Col. Implement Geographical
Information System,
Washington, D.C....... 7.5
234. California Construct connector
between I-5 and SR 113
and reconstruct I-5
interchange with Road
102, Woodland......... 11.5
235. Pennsylvania Reconstruct State Route
2001 in Pike County... 6.75
236. California Upgrade I-680 Corridor,
Alameda Co............ 7.5
237. Louisiana Reconstruct I-10 and
Ryan Street access
ramps and frontage
street improvements,
Lake Charles.......... 6
238. Arkansas Construct access route
to Northwest Arkansas
Regional Airport in
Highfill, Arkansas.... 12
239. Pennsylvania Reconstruct structures
and adjacent roadway,
Etna and Aspenwall
(design and right-of-
way acquisition
phases), Allegheny Co. 2
240. Alaska Construct capital
improvements to
intermodal freight and
passenger facilities
servicing the Alaska
Marine Highway and
other related
transportation modes
in Seward provided
that the state public
authority which owns
the current intermodal
facilities carries out
this project with the
entire amount of funds
provided.............. 4.5
241. Illinois Construct improvements
to Pleasant Hill Road,
Carbondale............ 1.425
242. Florida Deploy magnetic lane
marking system on I-4. 0.375
243. Texas Extend Texas State
Highway 154 between US
80W and State Highway
43S................... 4.675
244. Minnesota Upgrade CSAH 16 between
TH 53 and CSAH 4...... 4.05
245. Pennsylvania Upgrade US Rt. 22,
Chickory Mountain
section............... 4.85
246. Arkansas Improve Arkansas State
Highway 12 from US-71
at Rainbow Curve to
Northwest Arkansas
Regional Airport...... 0.375
247. Massachusetts Implement Cape and
Islands Rural Roads
Initiative, Cape Cod.. 0.375
248. Massachusetts Reconstruct roadways,
Somerville............ 2.25
249. Washington Construct Washington
Pass visitor
facilities on North
Cascades Highway...... 0.9
250. Indiana Construct Hazel Dell
Parkway from 96th
Street to 146th Street
in Carmel............. 4.125
251. Georgia Upgrade Lithonia
Industrial Boulevard,
DeKalb Co............. 0.375
252. Wisconsin Upgrade STH 29 between
IH 94 and Chippewa
Falls................. 4.5
253. Kansas Construct Diamond
interchange at Antioch
and I-435............. 7.56
254. California Reconstruct I-215 and
construct HOV lanes
between 2nd Street and
9th Street, San
Bernardino............ 2.0625
255. Iowa Relocate US 61 to
bypass Fort Madison... 2.25
256. Illinois Construct Richton Road,
Crete................. 1.5
257. Ohio Upgrade US-30 from SR-
235 in Hancock County
to the Ontario bypass
in Richland County.... 11.25
258. Florida Construct access road
to St. Johns Ave.
Industrial Park....... 0.75
259. Pennsylvania Design, engineer, ROW
acquisition and
construct the Luzerne
County Community
College Road between
S.R. 2002 and S.R.
3004 one-mile west of
Center Street through
S.R. 2008 in the
vicinity of Prospect
Street and the Luzerne
County Community
College, including a
new interchange on
S.R. 0029............. 10.5
260. Louisiana Construct State Highway
3241/State Highway
1088/I-12 interchange
in St. Tammany Parish,
Louisiana............. 8.5
261. Illinois Improve access to
Rantoul Aviation
Center in Rantoul..... 1.6
262. Virginia Improve Harrisonburg
East Side roadways in
Harrisonburg.......... 0.5
263. California Upgrade Highway 99
between State Highway
70 and Lincoln Rd.,
Sutter Co............. 7.3
264. Indiana Extend East 56th Street
in Lawrence........... 4.875
265. New York Construct the Mineola
intermodal facility
and Hicksville
intermodal facility in
Nassau county......... 10.5
266. Texas Upgrade IH-30 between
Dallas and Ft. Worth.. 21.75
267. Massachusetts Construct improvements
to North Main Street
in Worcester.......... 1.8
268. Arkansas Study and construct a
multi-modal facility
Russellville, Arkansas 0.75
269. New York Judd Road Connector in
New Hartford and
Whitestown, New York.. 30.3
270. Oregon Upgrade I-5, Salem..... 3
271. California Upgrade call boxes
throughout Santa
Barbara County........ 1.125
272. Wisconsin Upgrade US Rt. 10
between Waupaca to US
Rt. 41................ 6
273. Iowa Reconstruct I-235 and
improve the
interchange for access
to the MLKing Parkway. 5.175
274. Pennsylvania Construct Steel
Heritage Trail between
Glenwood Bridge to
Clairton via
McKeesport............ 0.3
275. Idaho Construct critical
interchanges and grade-
crossings on US-20
between Idaho Falls
and Chester........... 7.5
276. Utah Construct Cache Valley
Highway in Logan...... 5.25
277. Massachusetts Upgrade Rt. 3 between
Rt. 128/I-95 to
Massachusetts and New
Hampshire State Line.. 6.15
278. Indiana Construct Hoosier
Heartland from
Lafayette to Ft. Wayne 18.75
279. New York Conduct traffic calming
study on National
Scenic Byway Route 5
in Hamburg............ 0.3
280. California Construct I-5 rail
grade crossings
between I-605 and
State Route 91, Los
Angeles and Orange
Counties.............. 15.09
281. Massachusetts Undertake improvements
to South Station
Intermodal Station.... 2.25
282. Massachusetts Reconstruct Bates
Bridge over Merrimack
River................. 3
283. Illinois Upgrade Wood Street
between Little Calumet
River to 171st St.,
Dixmore, Harvey,
Markham, Hazel Crest.. 0.7425
284. Pennsylvania Construct safety and
capacity improvements
to Rt. 309 and Old
Packhouse Road
including widening of
Old Packhouse Road
between KidsPeace
National Hospital to
Rt. 309............... 6.15
285. Illinois Reconstruct Mt. Erie
Blacktop in Mt. Erie.. 3.385
286. Michigan Repair 48th Avenue,
Menominee............. 0.2025
287. Texas Reconstruct intermodal
connectors on Highway
78 and Highway 544 in
Wylie................. 5.5
288. Georgia Conduct a study of
transportation
alternatives in
Northwest Georgia
between Atlanta and
Chattanooga........... 3.75
289. Louisiana Reconstruct Jefferson
Lakefront bikepath in
Jefferson Parish,
Louisiana............. 1
290. New York Construct Midtown West
Intermodal Ferry
Terminal, New York
City.................. 3.5
291. Maine Construct I-295
connector, Portland... 3.375
292. Colorado Construct I-25 truck
lane from Lincoln
Avenue to Castle Pines
Parkway in Douglas
County................ 2.25
293. New Jersey Widen Route 1 from
Pierson Avenue to
Inman Avenue in
Middlesex County...... 5.25
294. New York Construct intermodal
transportation hub in
Patchogue............. 1.875
295. New York Improve Route 281 in
Cortland.............. 6.75
296. California Construct State Route
76 in Northern San
Diego................. 7.5
297. Illinois Congestion mitigation
for Illinois Route 31
and Illinois Route 62
intersection in
Algonquin............. 9
298. Pennsylvania Improve South Central
Business Park in
Fulton County......... 0.75
299. California Willits Bypass, Highway
101 in Mendocino
County, California.... 0.65
300. Texas Upgrade FM 1764 between
FM 646 to State
Highway 6............. 2.25
301. Ohio Construct Intermodal
Industrial Park in
Wellsville............ 3.04
302. Texas Construct US Expressway
77/83 interchange,
Harlingen............. 5.625
303. Georgia Construct Harry S.
Truman Parkway........ 2.6625
304. Maryland Upgrade I-95/I-495
interchange at Ritchie
Marlboro Rd., Prince
Georges............... 3.6
305. New York Construct CR-82 from
Montauk Highway to
Sunrise Highway in
Suffolk County........ 0.435
306. Pennsylvania PA 26 over Piney Creek
2-bridges in Bedford
County................ 0.6
307. Illinois Intersection
improvements at 79th
and Stoney Island
Blvd., Chicago........ 1.305
308. New York Construct CR-85 from
Foster Avenue to CR97
in Suffolk County..... 0.675
309. New York Construct Phase II of
the City of Mount
Vernon's New Haven
Railroad Redevelopment
project............... 2
310. Alabama Construct improvements
to 41st Street between
1st Ave. South and
Airport Highway,
Birmingham............ 0.75
311. Alaska Improve roads in
Kotzebue.............. 1.7625
312. Pennsylvania Conduct preliminary
engineering on the
relocation of exits 4
and 5 on I-83 in York
County................ 1.5
313. North Carolina Construct I-540 from
east of NC Rt. 50 to
east of US Rt. 1 in
Wake Co............... 9.75
314. Alabama Construct enhancements
along 12th Street
between State Highway
11 and Baptist
Princeton Hospital,
Birmingham............ 0.6
315. Pennsylvania Conduct highway
research, Drexel
University............ 1
316. Illinois Improve IL-113 in
Kankakee.............. 5.55
317. Texas Upgrade JFK Causeway,
Corpus Christi........ 2.25
318. Pennsylvania Construct Philadelphia
Intermodal Gateway
Project at 30th St.
Station............... 6
319. Wisconsin Construct STH-26/US-41
Interchange in Oshkosh 2.25
320. California Improve and widen
Forest Hill Road in
Placer County......... 2.7
321. Florida ITS improvements on US-
19 in Pasco County.... 1.5
322. Nebraska Conduct corridor study
from Wayne to
Vermillion-Newcastle
bridge................ 0.4125
323. Oregon Construct right-of-way
improvements to
provide improved
pedestrian access to
MAX light rail,
Gresham............... 1
324. Virginia Repair historic wooden
bridges along portion
of Virginia Creeper
Trail maintained by
Town of Abingdon...... 0.75
325. Oregon Reconstruct Lovejoy
ramp, Portland........ 5
326. Washington Widen SR-99 between
148th Street and King
County Line in
Lynnwood.............. 2.7
327. Minnesota Construct Trunk Highway
169 Causeway, Itasca
Co.................... 6.075
328. Louisiana Conduct a feasibility
and design study of
Louisiana Highway 30
between Louisiana
Highway 44 and I-10... 1.5
329. Indiana Reconstruct US Rt. 231
between junction of
State Road 66 to
Dubois Co. line....... 0.6
330. Massachusetts Construct Greenfield-
Montague Bikeways,
Franklin Co........... 0.675
331. California Improve highway access
to Humboldt Bay and
Harbor Port........... 0.275
332. Virginia Construct road
improvement, trailhead
development and
related facilities for
Haysi to Breaks
Interstate Bicycle and
Pedestrian Trail
between Haysi and
Garden Hole area of
Breaks Interstate Park 0.25
333. Pennsylvania Replace Grant Street
Bridge, New Castle.... 1.8
334. North Dakota Upgrade U.S. Route 52
between Donnybrook and
US Route 2............ 1.8
335. Florida Construct Wonderwood
Connector from Mayport
to Arlington, Duval
County, Florida....... 27.725
336. California Construct pedestrian
boardwalk between
terminus of Pismo
Promenade at Pismo
Creek and Grande
Avenue in Gover Beach. 0.375
337. Pennsylvania Construct PA-283 North
Union Street ramps in
Dauhpin County........ 1.8375
338. New Jersey Upgrade Garden State
Parkway Exit 142...... 22.5
339. Minnesota Extend County State
Highway 61 extension
into Two Harbors...... 0.6
340. Minnesota Reconstruct and replace
I-494 Wakota Bridge
from South St. Paul to
Newport, and
approaches............ 9.75
341. Texas Reconstruct and widen I-
35 between North of
Georgetown at Loop 418
to US Rt. 190......... 6
342. Georgia Undertake major
arterial enhancements
in DeKalb Co. with the
amount provided as
follows: $5,250,000
for Candler Rd.,
$5,625,000 for
Memorial Drive and
$675,000 for Bufford
Highway............... 11.55
343. Illinois Consolidate rail tracks
and eliminate grade
crossings as part of
Gateway Intermodal
Terminal access
project............... 1.125
344. Ohio Replace I-280 bridge
over Maumee River,
Toledo area........... 18
345. Pennsylvania Eliminate 16 at-grade
rail crossings through
Erie.................. 8
346. Arkansas Construct Geyer Springs
RR grade separation,
Little Rock........... 0.75
347. Wisconsin Construct Chippewa
Falls Bypass.......... 4.5
348. Kentucky Correct rock hazard on
US127 in Russell
County................ 0.02625
349. Kentucky Widen US-27 from
Norwood to Eubank..... 22.5
350. Virginia Conduct Williamsburg
2007 transportation
study................. 0.325
351. Virginia Construct I-95/State
Route 627 interchange
in Stafford County.... 3.8375
352. Tennessee Construct Foothills
Parkway from Walland
to Weans Valley....... 8.625
353. Oregon Upgrade Murray Blvd.
inlcuding overpass
bridge, Millikan to
Terman................ 3.75
354. California Construct San Francisco
Regional Intermodal
Terminal.............. 9.375
355. New Hampshire Construct the Broad
Street Parkway in
Nashua................ 12.511
356. New Hampshire Construct Conway bypass
from Madison to
Bartlett.............. 5.325
357. California Seismic retrofit of
Golden Gate Bridge.... 0.75
358. Pennsylvania Realign Route 501 in
Lebanon County........ 1.2
359. Maryland Upgrade US 29
interchange with
Randolph Road,
Montgomery Co......... 9
360. Utah Construct I-15
interchange at
Atkinville............ 6
361. Illinois Resurface Cicero Ave.
between 127th St. and
143rd St., Chicago.... 0.4575
362. Pennsylvania Improve Lewistown
Narrows US 322 in
Mifflin and Juniata
County................ 40
363. Florida Enhance access to
Gateway Marketplace
through improvements
to access roads,
Jacksonville.......... 0.9
364. Indiana Upgrade 14 warning
devices on east/west
rail line from Gary to
Auburn................ 1.05
365. Tennessee Construct I-40/SR 155
interchange, Davidson. 4.2
366. Tennessee Construct Crosstown
Greenway/Bikeway,
Springfield........... 3.2
367. Maine Studies and planning
for reconstruction of
East-West Highway..... 3
368. Florida Construct Port of Palm
Beach road access
improvements, Palm
Beach County, Florida. 15.75
369. New Jersey Reconstruct Essex
Street Bridge, Bergen
Co.................... 1.875
370. Missouri Relocate and
reconstruct Route 21
between Schenk Rd. to
Town of DeSoto........ 30
371. New York Improve Route 31 from
Baldwinsville to
County Route 57....... 8.8125
372. Virginia Upgrade Rt. 600 to
facilitate access
between I-81 and Mount
Rogers National
Recreation Area....... 5
373. California Construct I-380
connector between
Sneath Lane and San
Bruno Ave., San Bruno. 2.1
374. Florida Construct South
Connector Road and
Airport Road
interchange in
Jacksonville, Florida. 6.75
375. Pennsylvania Resurface current 219
bypass at Bradford.... 4.875
376. Kentucky Construct Route 259-101
from Brownsville to I-
65.................... 0.75
377. California Construct interchanges
for I-10 in Coachella
Valley, Riverside
County................ 2.25
378. New Mexico Improve 84/285 between
Espanola and Hernandez 4.5
379. Pennsylvania Upgrade 2 sections of
US-6 in Tioga County.. 1.125
380. Wisconsin Improve Janesville
transportation........ 3
381. Arkansas Construct Baseline Road
RR grade separation,
Little Rock........... 3.75
382. Virginia Replace Shore Drive
Bridge over Petty
Lake, Norfolk......... 3
383. Arizona Replace US-93 Hoover
Dam Bridge............ 10
384. Michigan Operational
improvements on M-24
from I-75 to the
northern Oakland Co.
border................ 0.5
385. Illinois Reconstruct US-30, Will
County................ 6.75
386. Minnesota Construct Trunk Highway
610/10 from Trunk
Highway 169 in
Brooklyn Park to I-94
in Maple Grove........ 12
387. Illinois Extend and reconstruct
roadways through
industrial corridor in
Alton................. 4.2675
388. Pennsylvania Rehabilitate Jefferson
Heights Bridge, Penn
Hills................. 1.275
389. Ohio Construct Eastern US
Rt. 23 bypass of
Portsmouth............ 3.75
390. Washington Construct State Route
7--Elbe rest area and
interpretive facility
in Pierce County, WA.. 0.45
391. Michigan Undertake capital
improvements to
facilitate traffic
between Lansing and
Detroit............... 7.5
392. New Mexico Reconstruct US-84/US-
285 from Santa Fe to
Espanola.............. 13.5
393. Connecticut Reconstruct Post Office/
Town Farm Road in
Enfield, Connecticut.. 1.125
394. Connecticut Improve pedestrian and
bicycle connections
between Union Station
and downtown New
London................ 3.39
395. Pennsylvania Construct access to
Tioga Marine Terminal,
Ports of Philadelphia
and Camden............ 1.2
396. Virginia Downtown Staunton
Streetscape Plan--
Phase I in Staunton... 0.5
397. Illinois Construct Marion Street
multi-modal project in
Village of Oak Park... 1.5
398. California Improve and construct I-
80 reliever route
project; Walters Road
and Walters Road
Extension Segments.... 2.35
399. Texas Upgrade State Highway
24 from Commerce to
State Highway 19 north
of Cooper............. 3.75
400. Maryland Construct pedestrian
and bicycle path
between Druid Hill
Park and Penn Station,
Baltimore............. 1.35
401. California Upgrade SR 92/El Camino
interchange, San Mateo 2.775
402. Illinois Improve Sugar Grove
US30.................. 1.875
403. Illinois Construct Sullivan Road
Bridge over the Fox
River................. 7.5
404. Massachusetts Construct Packets
Landing Enhancement
and Restoration
Project, Town of
Yarmouth.............. 0.75
405. Michigan Upgrade I-94 between M-
39 and I-96........... 6
406. Pennsylvania Upgrade PA Route 21,
Fayette and Greene
Counties.............. 5
407. Indiana Construct Gary Marina
access road
(Buffington Harbor)... 7.5
408. Massachusetts Replace deck of Chain
Bridge over Merrimack
River................. 0.759
409. New Mexico Improve US-70 southwest
of Portales........... 9
410. California Construct grade
separation project at
Redondo Junction,
located in the North
end of an Intermodal
corridor of economic
significance, as
defined by California
Streets and Highways
Code, Division 3,
Chapter 4.7
(commencing with
Section 2190), Los
Angeles............... 6.65
411. Arkansas Widen West Phoenix
Avenue and related
improvements in Fort
Smith, Arkansas....... 6
412. Minnesota Upgrade Cross-Range
Expressway between
Coleraine to CSAH 7... 4.5
413. California Upgrade CA Rt. 2
Southern Freeway
terminus and
transportation
efficiency
improvements to
Glendale Boulevard in
Los Angeles........... 12
414. Massachusetts Environmental studies,
preliminary
engineering and design
of North-South
Connector in
Pittsfield to improve
access to I-90........ 1.5
415. Pennsylvania Construct streetscape
project in the Borough
of Ambler, Montgomery
County, PA............ 0.072
416. Pennsylvania Construct improvements
to the Park Road
extension connecting
U.S. 222 and U.S. 422,
Spring Township....... 2
417. New York FJ&G Rail/Trail Project
in Fulton County...... 0.525
418. New Jersey Upgrade Baldwin Ave.
intersection to
facilitate access to
waterfront and ferry,
Weehawken............. 2
419. Kansas Widen US-54 from
Liberal, Kansas
southwest to Oklahoma. 6
420. Washington Improve Hillsboro
Street/Highway 395
intersection in Pasco. 2.6625
421. Texas Construct ramp
connection between
Hammet St. to Highway
54 ramp to provide
access to I-10 in El
Paso.................. 11
422. Ohio Relocate State Route 60
from Zanesville to
Dresden, Muskingum
County................ 1.5
423. Alabama Construct the
Montgomery Outer Loop
from US-80 to I-85 via
I-65.................. 10.2375
424. Oklahoma Reconstruct US-99/SH377
from Prague to Stroud
in Lincoln County..... 4.7
425. Louisiana Extend Louisiana
Highway 42 between US-
61 and I-10 in
Ascension Parish...... 6
426. Louisiana Conduct feasibility
study, design and
construction of
connector between
Louisiana Highway 16
to I-12 in Livingston
Parish................ 3.75
427. California Construct capital
improvements along I-
680 corridor.......... 2.25
428. Texas Relocation of Indiana
Avenue between 19th
street to North Loop
289 and Quaker Avenue
intersection.......... 7.2
429. Massachusetts Renovate Union Station
Intermodal
Transportation Center
in Worcester.......... 6.5
430. Texas Construct Manchester
grade separations in
Houston............... 12
431. Texas Construct Titus County
West Loop, Mount
Pleasant.............. 1.875
432. New York Construct County Road
50 in the vicinity of
Windsor Avenue........ 1.36
433. California Construct parking lot,
pedestrian bridge and
related improvements
to improve intermodal
transportation in
Yorba Linda........... 1
434. North Carolina Widen North Carolina
Route 24 from
Swansboro to US-70 in
Onslow and Carteret
Counties.............. 2.25
435. Minnesota Construct Mankato South
Route in Mankato...... 5.25
436. Kentucky and Indiana Ohio River Major
Investment Study
Project, Kentucky and
Indiana............... 40
437. California Implement traffic
management
improvements, Grover
Beach................. 0.375
438. Louisiana Extend I-49 from I-220
to Arkansas State line 3.3
439. Indiana Construct East 79th
from Sunnyside Road to
Oaklandon Road in
Lawrence.............. 3
440. Alabama Construct Decatur
Southern Bypass....... 2
441. California Construct tunnel with
approaches as part of
Devils Slide project
in San Mateo Co....... 6
442. Ohio Improve State Route 800
in Monroe County...... 0.5
443. Kentucky Reconstruct KY-210 from
Hodgenville to Morning
Star Road, Larue
County................ 6
444. New York Construct Route 17-
Lowman Crossover in
Ashland............... 3.6
445. Illinois Improve roads in the
Peoria Park District.. 0.81
446. Massachusetts Reconstruct North
Street, Fitchburg..... 0.75
447. Massachusetts Reconstruct Huntington
Ave. in Boston........ 3
448. California Undertake safety
enhancements along
Monterey County
Railroad highway
grade, Monerey Co..... 2.1
449. Michigan Construct Bridge Street
bridge project in
Southfield............ 3.15
450. Texas Construct Concord Road
Widening project,
Beaumont.............. 7.375
451. Oregon Restore the Historic
Columbia River Highway
including construction
of a pedestrian and
bicycle path under I-
84 at Tanner Creek and
restoration of the
Tanner Creek and
Moffett Creek bridges. 2
452. Ohio Upgrade I-77/US-250/SR-
39 interchange in
Tuscarawas County..... 1
453. California Construct Palisades
Bluff Stabilization
project, Santa Monica. 6
454. New York Improve the Route 31/I-
81 Bridge in Watertown 1.85475
455. Washington Improve I-5/196th
Street, Southwest
Freeway interchange in
Lynnwood, Washington.. 4.05
456. Louisiana Construct the Southern
extension of I-49 from
Lafayette to the
Westbank Expressway... 4.125
457. Kansas Construct Phase II
improvements to US-59
from US-56 to Ottawa.. 9
458. Tennessee Construct US-27 from
State Road 61 to
Morgan County line.... 4.125
459. Maryland Undertake
transportation
infrastructure
improvements within
Baltimore Empowerment
Zone.................. 10.975
460. Kentucky Construct Kentucky 31E
from Bardstowns to
Salt River............ 0.75
461. Georgia Construct multi-modal
passenger terminal,
Atlanta............... 12
462. Kentucky Construct connection
between Natcher Bridge
and KY-60 east of
Owensboro............. 2.25
463. Minnesota Reconstruct CSAH 48
extension, Brainerd/
Baxter................ 0.24
464. Kentucky Complete I-65 upgrade
from Elizabethtown to
Tennessee State line.. 3.75
465. California Construct the South
Central Los Angeles
Exposition Park
Intermodal Urban
Access Project in Los
Angeles............... 19.5
466. Pennsylvania Construct US-30 at PA-
772 and PA-41......... 4.5
467. Ohio Upgrade 1 warning
device on the rail
line from Marion to
Ridgeway.............. 0.075
468. Kentucky Construct necessary
connections for the
Taylor Southgate
Bridge in Newport and
the Clay Wade Bailey
Bridge in Covington... 7.125
469. Maine Replace Singing Bridge
across Taunton Bay.... 0.75
470. California Upgrade Price Canyon
Road including
construction of
bikeway between San
Luis Obispo and Pismo
Beach................. 0.825
471. Illinois Extend South 74th
Street, Belleville.... 0.375
472. New Hampshire Reconstruct US-3
Carroll town line 2.1
miles north........... 1.786
473. Minnesota Upgrade 77th St.
between I-35W and 24th
Ave. to four lanes in
Richfield............. 17.1
474. New Jersey Relocate and complete
construction of new
multi-modal facility,
Weehawken............. 12
475. New Jersey Construct Route 4/17
interchange in Paramus 6.375
476. Louisiana Expand Perkins Road in
Baton Rouge........... 6.15
477. New Jersey Revitalize Route 130
from Cinnaminson to
Willingboro........... 3
478. Arkansas Construct Highway 371
from Magnolia to
Prescott.............. 2.375
479. Mississippi Upgrade Alva-Stage Rd.,
Montgomery Co......... 1.125
480. California Construct pedestrian
promenade, Pismo Beach 0.15
481. California Construct railroad at-
grade crossings, San
Leandro............... 0.375
482. Ohio Construct highway-rail
grade separations on
Heisley Road between
Hendricks Road and
Jackson Street in
Mentor................ 6.205
483. Illinois Design and construct US-
67 corridor from
Jacksonville to
Beardstown............ 10
484. California Construct VC Campus
Parkway Loop System in
Merced................ 11
485. Texas Construct highway-rail-
marine intermodal
project, Corpus
Christi............... 8.25
486. Pennsylvania Construct US-322
Conchester Highway
between US-1 and PA-
452................... 18.75
487. Pennsylvania Construct Rt. 819/Rt.
119 interchange
between Mt. Pleasant
and Scottdale......... 6.9
488. Illinois Upgrade Western Ave.,
Park Forest........... 0.0945
489. Oregon Relocate and rebuild
intersection of
Highway 101 and
Highway 105, Clatsop
Co.................... 1.2
490. Ohio Upgrade Western Reserve
Road, Mahoning Co..... 2.4
491. California Construct Nogales
Street at Railroad
Street grade
separation in Los
Angeles County,
California............ 6.5
492. Nebraska Construct South Beltway
in Lincoln............ 4.125
493. Michigan Acquire right-of-way
and construct M-6
Grand Rapids South
Beltline in Grand
Rapids, Michigan...... 18.72
494. New York Replace Route 92
Limestone Creek Bridge
in Manlius............ 3
495. Pennsylvania Extend Martin Luther
King, Jr. East Busway
to link with Mon-
Fayette Expressway.... 4.5
496. New York Construct Furrows Road
from Patchogue/
Holbrook Road to
Waverly Avenue in
Islip................. 1.2
497. New Jersey Construct East Windsor
Bear Brook pathway
system................ 0.27
498. Texas Widen State Highway 6
from FM521 to Brazoria
County line and
construct railroad
overpass.............. 9.15
499. California Construct I-10/Pepper
Ave. Interchange...... 6.6
500. New York Construct access road
and entranceway
improvments to airport
in Niagara Falls...... 2.25
501. Minnesota Replace Sauk Rapids
Bridge over
Mississippi River,
Stearns and Benton
Counties.............. 7.725
502. North Carolina Upgrade I-85,
Mecklenburg and
Cabarrus Counties..... 19.5
503. Oklahoma Reconstruct County Road
237 from Indiahoma to
Wichita Mountains
Wildlife Refuge....... 0.1875
504. Illinois Construct Towanda-
Barnes Road in McLean
County................ 5.82
505. Pennsylvania Widen and signalize
Sumneytown Pike and
Forty Foot Road in
Montgomery County,
Pennsylvania.......... 3.87
506. Rhode Island Construct Rhode Island
Greenways and Bikeways
projects with the
amount provided
$4,275,000 for the
Washington Secondary
Bikepath, and
$1,575,000 for the
South County Bikepath
Phase 2............... 5.85
507. Mississippi Widen US-61 from
Louisiana State line
to Adams County....... 0.6875
508. Georgia Conduct a study of a
mutimodal
transportation
corridor from
Lawrenceville to
Marietta.............. 1.8
509. Missouri Construct Jefferson
Ave. viaduct over Mill
Creek Valley in St.
Louis................. 8.25
510. New York Conduct extended needs
study for the Tappan
Zee Bridge............ 3
511. Pennsylvania Improve Park Avenue/PA
36 in Blair County.... 0.45
512. Texas Construct the George
H.W. Bush Presidential
Corridor from Bryan to
east to I-45.......... 7.5
513. New Mexico Improve Uptown in
Bernalillo County..... 1.025
514. Arkansas Upgrade U.S. 65 in
Faulkner and Van Buren
Counties.............. 3
515. South Carolina Construct high priority
surface transportation
projects eligible for
Federal-aid highway
funds................. 5.5
516. Mississippi Construct Lincoln Road
extension, Lamar Co... 1.125
517. Alaska Construct Pt. Mackenzie
Intermodal Facility... 6.75
518. Florida Purchase and install I-
275 traffic management
system in Pinellas
County, Florida....... 0.75
519. Illinois Construct US Route 67
bypass project around
Roseville............. 8.775
520. Massachusetts Upgrade I-495
interchange 17 and
related improvements
inlcuding along Route
140................... 10.86
521. Mississippi Construct segment 2 and
3 of the Bryam-Clinton
Corridor in Hinds
County................ 0.6875
522. New Jersey Rehabilitate East
Ridgewood Avenue over
Route 17 in Bergan
County................ 2.7
523. Michigan Construct interchange
at US-10/Bay City Road
in Midland............ 3
524. North Carolina Construct US Route 17,
Elizabeth City Bypass. 3.375
525. Virginia Smart Road connecting
Blacksburg, VA, to I-
81.................... 1.025
526. Oregon Construct passing lanes
on Highway 58 between
Kitson Ridge Road and
Mile Post 47, Lane Co. 4.5
527. Kansas Construct grade
separations on US36
and US77 in
Marysville, Kansas.... 3.15
528. Virginia Upgrade Route 501 in
the counties of
Bedford, Halifax, and
Campbell.............. 0.75
529. Pennsylvania Construct Robinson Town
Centre intermodal
facility.............. 2.025
530. Nevada Construct the US-395
Carson City Bypass.... 3.75
531. Indiana Feasibility study of
State Road 37
improvements in
Noblesville, Elwood
and Marion............ 0.45
532. Pennsylvania Construct Newton
Hamilton SR 3021 over
Juniata River in
Mifflin County........ 1.5
533. Pennsylvania Reconstruct PA-309 in
Eastern Montgomery
with $4,000,000 for
noise abatement....... 15.588
534. Alabama Upgrade Opoto-Madrid
Blvd., Birmingham..... 1.05
535. Virginia Conduct feasibility
study for the
construction I-66 from
Lynchburg to the West
Virginia border....... 0.5
536. California Rehabilitate pavement
throughout Santa
Barbara Co............ 1.125
537. Illinois Design and construct I-
72/MacArthur Boulevard
interchange in
Springfield........... 4.12525
538. Illinois Improve Constitution
Avenue in Peoria...... 2.6625
539. Michigan Upgrade East Jordon
Road, Boyne City...... 0.3
540. Georgia Construct noise
barriers along GA-400. 1.5
541. Florida Construct North East
Dade Bike Path in
North Miami Beach,
Florida............... 1.2
542. Connecticut Realign and extend Hart
Street in New Britain. 3
543. Oregon Construct roundabout at
intersection of
Highway 101 and
Highway 202, Clatsop
Co.................... 0.3
544. New York Replace Route 28 bridge
over NY State Thruway,
Ulster Co............. 2.4
545. California Extend State Route 7 in
Imperial County....... 6
546. Texas Construct FM2234(McHard
Road) from SH-35 to
Beltway 8 at Monroe
Boulevard............. 4.8
547. Dist. of Col. Enhance recreational
facilities along Rock
Creek Parkway......... 0.04775
548. California Construct SR-78/Rancho
Del Oro interchange in
Oceanside............. 3.75
549. Michigan Upgrade M.L. King
Drive, Genesee Co..... 1
550. California Reconstruct Grand
Avenue between Elm
Street and Halcyon
Road, Arroyo Grande... 0.375
551. Pennsylvania Improve PA-41 between
Delaware State line
and PA-926............ 5
552. California Construct Los Angeles
County Gateway Cities
NHS Access............ 6.6
553. Michigan Upgrade H-58 within
Pictured Rocks
National Lakeshore.... 4.2
554. Dist. of Col. Rehabilitate Theodore
Roosevelt Memorial
Bridge................ 7.5
555. Ohio Undertake improvements
to open Federal Street
to traffic, Youngstown 2.08
556. Pennsylvania Improve PA 16 including
intersection with
Antrim Church Road.... 1
557. Ohio Construct State Route
209 from Cambridge and
Byesville to the
Guernsey County
Industrial Park....... 2.2
558. California Construct Port of
Oakland intermodal
terminal.............. 6
559. New York Construct Wellwood
Avenue from Freemont
Street to Montauk
Highway in Lindenhurst 1.2
560. Louisiana Construct Louisiana
Highway 1 from the
Gulf of Mexico to US-
90.................... 0.5625
561. Mississippi Refurbish Satartia
Bridge, Yazoo City.... 0.375
562. North Carolina Construct bridge over
Chockoyotte Creek in
Halifax Co............ 1.35
563. Pennsylvania Widen PA-413 in Bucks
County................ 5.625
564. North Carolina Construct US-13 from
the Wilson the US-264
Bypass to Goldsboro in
Wayne and Wilson
Counties.............. 2.625
565. Pennsylvania Construct Erie Eastside
Connector............. 16.2
566. California Construct Prunedale
Bypass segment of U.S.
101, Monterey Co...... 1.65
567. New York Construct access road
from Lake Avenue to
Milestrip Road in
Blasdell.............. 0.24
568. California Construct State Route
905 between I-805 and
the Otay Mesa Border
Crossing, San Diego
Co.................... 16
569. Mississippi Build an interchange at
I-55 with connectors
to Madison and
Ridgeland............. 2.25
570. Minnesota Trunk Highway 53 DWP
railroad bridge
replacement, St. Louis
Co.................... 3.6
571. Texas Construct US 77/83
Expressway extension,
Brownsville........... 2.25
572. New York Upgrade and relocate
Utica-Rome Expressway
in Oneida County, New
York.................. 14
573. Pennsylvania West Philadelphia
congestion mitigation
initiative............ 0.369
574. Utah Construct Phase II of
the University Avenue
Interchange in Provo.. 7.5
575. California Upgrade Osgood Road
between Washington
Blvd. and South
Grimmer Blvd.,
Freemont.............. 1.5
576. Missouri Bull Shoals Lake Ferry
in Taney County,
Missouri.............. 0.52275
577. Alaska Construct capital
improvements to the
Alaska Marine Highway
and related facilities
in Ketchikan.......... 2.25
578. Maine Improve Route 23....... 0.375
579. Tennessee Construct U.S. 45
bypass, Madison Co.... 1.5
580. New York Construct pedestrian
access bridge from
Utica Union Station... 0.25
581. Michigan Upgrade Groveland Mine
Road, Dickinson....... 0.375
582. New York Reconstruct Route 9 in
Plattsburgh........... 2.5155
583. Mississippi Upgrade Goose Pond
Subdivision Roads,
Tallahatchie Co....... 0.15
584. Michigan Construct US-131
Cadillac Bypass
project............... 2.25
585. Pennsylvania Construct Lawrenceville
Industrial Access Road 7.5
586. Massachusetts Construct Housatonic-
Hoosic bicycle network 3
587. Connecticut Construct the US Rt. 7
bypass project,
Brookfield to New
Milford town line..... 3.75
588. New Jersey Construct road from the
Military Ocean
Terminal to the Port
Jersey Pier, Bayonne.. 2.5
589. Oregon Repair Coos Bay rail
bridge, Port of Coos
Bay................... 5.5
590. Minnesota Complete construction
of Forest Highway 11,
Lake Co............... 3.75
591. Pennsylvania Construct rail
mitigation and
improvement projects
from Philadelphia to
New Jersey Line....... 10
592. Louisiana Upgrade Lapalco Blvd.
between Barataria
Blvd. and US Hwy. 90,
Jefferson Parish...... 6
593. Pennsylvania Widen PA-228 from
Criders Corners to
State Route 3015...... 0.9
594. Pennsylvania Improve PA-23 Corridor
from US-30 Bypass
between Lancaster
County line and
Morgantown............ 2.5
595. Pennsylvania Widen SR-247 and SR-
2008 between 84 and
Lackawanna Valley
Industrial Highway for
the Moosic Mountain
Business Park......... 8.175
596. Massachusetts Construct Nowottuck-
Manhan Bike Trail
connections,
Easthampton, Amherst,
Holyoke, Williamsburg
and Northampton....... 3
597. Texas Reconstruct bridges
across the channel for
the Port of Corpus
Christi............... 4
598. Minnesota Construct TH 1 east of
Northome including
bicycle/pedestrian
trail................. 0.18
599. Alabama Construct US-231/I-10
Freeway Connector from
the Alabama border to
Dothan................ 1.0125
600. New York Construct CR-3 at
Southern State Parkway
overpass between Long
Island Expressway and
Colonial Springs...... 1.12
601. Massachusetts Construct improvements
along Route 18 to
provide for access to
waterfront and
downtown areas, New
Bedford............... 12
602. Pennsylvania Construct road
connector and bridge
over Allegheny River
to link New Kensington
with Allegheny Valley
Expressway............ 3.75
603. Michigan Replace Chalk Hills
Bridge over Menominee
River................. 0.3
604. Utah Improve 5600 West
Highway from 2100
South to 4100 South in
West Valley City...... 3.75
605. Pennsylvania Construct Lackawanna
River Heritage Trail
in Lackawanna......... 0.375
606. South Carolina Widen and relocate SC-6
in Lexington County... 6
607. New York Construct sound
barriers on both sides
of Grand Central
Parkway between 172nd
Street to Chevy Chase
Road.................. 1.455
608. Connecticut Improve Route 7 utility
and landscaping in New
Milford............... 5.4
609. New York Conduct North Road
Corridor study in
Oswego County......... 1.125
610. Arkansas Upgrade US Route 412,
Harrison to Mountain
Home, Arkansas........ 2.6625
611. New York Construct full access
controlled expressway
along NY Route 17 at
Parkville, Sullivan Co 4.5
612. Florida Construct Englewood
Interstate connector
from River Road to I-
75 in Sarasota and
Charlotte Counties.... 5.5
613. Minnesota Reconstruct St. Louis
CSAH 9 (Wallace
Avenue) in Duluth from
Fourth Street to
Woodland Avenue....... 0.45
614. New Jersey Design, construct, and
expand industrial
Roads connecting
Carteret with
Woodbridge, and Route
35 with Perth Amboy
for increased truck
traffic which will
ease delays and
traffic at Turnpike
Exit 12 and Route 35
underpass east........ 3
615. Virginia Construct the Kemper
Street Station
connector road in
Lynchburg............. 1.5
616. Iowa Improve IA-60 Corridor
from LeMar to MN State
line.................. 6.6
617. Michigan Operation improvements
on M-15 from I-75
north to the Genesee
County line........... 0.5
618. Virginia Upgrade Danville Bypass
in Pittsylvania....... 3
619. Nebraska Corridor study for
Louisville South
bypass from State
Highway 66 to State
Highway 50............ 0.075
620. Arkansas Study and construct Van
Buren intermodal port
facility in Van Buren,
Arkansas.............. 0.225
621. Alabama Extend I-759 in Etowah
County................ 13.5
622. North Carolina Widen US-421 from North
Carolina Route 194 to
two miles East of US-
221................... 3.55
623. New York Reconstruct Ridge Road
Bridge in Orange
County................ 0.16
624. South Carolina Construct North
Charleston Regional
Intermodal Center..... 3
625. Florida Upgrade U.S. 319
between Four Points
and Oak Ridge Road,
Tallahasee............ 3.75
626. Ohio Complete safety/bicycle
path in Madison
Township.............. 0.03
627. Arkansas Conduct design study
and acquire right of
way on US-71 in the
vicinity of Fort
Chaffee, Fort Smith... 3.75
628. Mississippi Construct East Metro
Corridor in Rankin
County, Mississippi... 2.625
629. Wyoming Reconstruct Cheyenne
Area Norris Viaduct... 3.5
630. New York Design and construct
Outer Harbor Bridge in
Buffalo............... 6.06
631. Pennsylvania St. Thomas Signals Hade
and Jack Rds US 30 in
Franklin County....... 0.15
632. Texas Upgrade State Highway
35 Yoakum District in
Matagorda and Brazoria
Counties.............. 6.91
633. Minnesota Construct highway
construction between
Highway 494 and Carver
Co. Rd. 147........... 3
634. Utah Widen 106th South from
I-15 to Bangerter
Highway in South
Jordan................ 4.5
635. Florida Construct pedestrian
overpass from the
Florida National
Scenic Trail over I-4. 1.875
636. Illinois Extend Rogers Street to
mitigate congestion,
Waterloo.............. 1.425
637. New York Reconstruct and widen
Route 78 from I-90 to
Route 15.............. 4
638. Ohio Improve Alum Creek
Drive from I-270 to
Frebis Avenue in
Franklin County....... 4
639. Louisiana Upgrade and widen I-10
between Williams
Boulevard and Tulane
Avenue in Jefferson
and Orleans Parishes.. 8
640. Michigan Improve I-94 in
Kalamazoo County...... 3.75
641. Pennsylvania Improve PA-8 between
Cherry Tree and Rynd
Farm.................. 4.8
642. Washington Construct passenger
ferry facility to
serve Southworth,
Seattle............... 3.75
643. Pennsylvania Realign West 38th
Street from Shunpike
Road to Myrtle Street
in Erie County........ 5.4
644. Ohio Replace Jacobs Road
Bridge, Mahoning Co... 2
645. Massachusetts Upgrade Lowell Street
between Woburn Street
and Route 38, Town of
Wilmington............ 1.08
646. Oklahoma Improve Battiest-
Pickens Road between
Battiest and Pickens
in McCurtain County... 1.6
647. Indiana Improve State Road 31
in Columbus........... 0.375
648. Oregon Construct bike path
along Willamette
River, Corvallis...... 0.8
649. New York Reconstruct Flushing
Avenue between
Humboldt Street and
Cypress Avenue........ 3.75
650. Missouri Construct bike/
pedestrian path
between Delmar
Metrolink Station and
University City loop
business district in
St. Louis............. 0.6
651. Wisconsin Construct U.S. Highway
151 Fond du Lac Bypass 22.5
652. Illinois Upgrade U.S. 45 between
Eldorado and
Harrisburg............ 10.2
653. Pennsylvania Improve US 22/Canoe
Creek Blair County.... 1.5
654. California Reconstruct and widen
Mission Road, Alhambra 2.4375
655. West Virginia Construct safety
improvements on Route
82 (Fayette Station
Road), Fayette County. 1
656. Ohio Widen and reconstruct
State Route 82 from
Lorain/Cuyahoga County
line to I.R. 77....... 7
657. Michigan Facilitate access
between I-75 and Soo
Locks through road
reconstruction,
bikepath construction
and related
improvements, Sault
Ste. Marie............ 0.375
658. Kentucky Construct Savage-Cedar
Knob Bridge at Koger
Creek................. 0.2625
659. New York Construct intermodal
facility in New
Rochelle, Westchester
Co.................... 6.438
660. Virgin Islands Upgrade West-East
corridor through
Charlotte Amalie...... 6
661. Ohio Upgrade SR 800 rest
stop in Monroe County. 0.04
662. Michigan Improve the I-73
corridor in Jackson
and Lenawee Counties.. 3.9375
663. Nevada Widen I-50 between
Fallon and Fernley.... 3
664. California Improve and modify the
Port of Hueneme
Intermodal Corridor--
Phase II in Ventura
County................ 16.8
665. Louisiana Construct and equip
Transportation
Technology and
Emergency Preparedness
Center in Baton Rouge,
Louisiana............. 5.4
666. Michigan Rehabilitate Lincoln
St., Negaunee......... 0.1275
667. Missouri Construction US-67/
Route 60 interchange
in Poplar Bluff,
Missouri.............. 6
668. New York Upgrade Riverside Drive
between 97th St. and
Tiemann, New York City 1.5
669. New York Capital improvements
for the Red Hook Barge
in NY/NJ for the Port
Authority of NY/NJ.... 3
670. Maryland Upgrade US-113 north of
US-50 to MD-589 in
Worcester County,
Maryland.............. 18
671. Rhode Island Implement
transportation
alternative relating
to Court Street
Bridge, Woonsocket.... 0.15
672. Pennsylvania Construct Frazier
Township interchange
on SR-28 in Allegheny. 2.25
673. California Rehabilitate Artesia
Blvd.................. 3
674. Illinois Undertake access
improvements to U.S.
Rt. 41, Chicago....... 2.8125
675. Colorado Construct Wadsworth
Boulevard improvement
project in Arvada..... 0.25
676. Indiana Construct I-70/Six
Points interchange in
Marion and Hendricks
County................ 14.9625
677. Alabama Construct repairs to
viaducts connecting
downtown and midtown
areas, Birmingham..... 0.45
678. Illinois Construct VFW Road/
Veteran's Drive from
Townline Road to
Broadway Road in
Pekin, Illinois....... 3.69675
679. Pennsylvania Design, engineer, ROW
acquisition and
construct the Wilkes-
Barre/Scranton
International Airport
Access Road between
Route 315 and Commerce
Blvd.................. 1.5
680. Dist. of Col. Construct bicycle and
pedestrian walkway
(Metropolitan Branch
Trail), Union Station
to Silver Spring...... 8.5
681. New Jersey Construct interchange
improvements and
flyover ramps at I-80W
to Route 23N in
Passaic Co............ 8.5
682. Washington Undertake SR 166 slide
repair................ 4.875
683. Connecticut Reconstruct Broad
Street in New Britain. 2.4
684. Massachusetts Reconstruct Route 126
and replace bridge
spanning Route 9, Town
of Framingham......... 3.525
685. New Mexico Extend Unser Boulevard
in Albuquerque........ 0.65
686. Massachusetts Implement Phase II of
unified signage
system, Essex Co...... 0.29325
687. New Hampshire Construct Manchester
Airport access road in
Manchester............ 8.025
688. Pennsylvania Improve US 22/PA 866
Intersection in Blair
County................ 1.5
689. California Improve Rancho Sante Fe
Road in Carlsbad...... 2.25
690. New York Renovate State Route 9
in Phillipstown....... 3.84
691. Florida Construct Greater
Orlando Aviation
Authority Consolidated
Surface Access in
Orlando............... 1.00575
692. Missouri Upgrade Route 169
between Smithville and
north of I-435, Clay
Co.................... 5
693. Virginia Rennovate Greater
Richmond Transit
transportation
facility, Richmond.... 3.75
694. Texas Conduct feasability
study on upgrading SH
16 in South Texas..... 0.1875
695. Florida Construct interchange
at 21st Street to
provide access to
Talleyrand Marine
Terminal.............. 9.475
696. Pennsylvania Gettysburg
comprehensive road
improvement study..... 3
697. South Dakota Construct Eastern
Dakota expressways, to
include construction
of four lane highways
for South Dakota
Highway 37 between
Huron and Mitchell;
U.S. Highway 83
between Pierre and I-
90; and U.S. Highway
12 between Aberdeen
and I-29.............. 34.804
698. West Virginia Construct Shawnee
Parkway between
junction with the I-73/
74 Corridor and I-77.. 3.75
699. Texas Construct State Highway
121 from I-30 to US-67
in Cleburne........... 25
700. Ohio Improve and construct
SR-44/Jackson Street
Interchange in
Painesville........... 2
701. California Construct four-lane
highway facility
(Hollister Bypass),
San Benito Co......... 2.25
702. Florida Construct I-4
reversible safety lane
in Orlando............ 10.5
703. Ohio Relocate Harrison/
Belmont US 250........ 2
704. Illinois Widen 143rd Street in
Orland Park........... 4
705. Tennessee Implement middle
Tennessee alternative
transportation system
along the Stones River
in Murfreesboro....... 9.5
706. Florida Construct County Road
470 Interchange with
Florida Turnpike...... 6
707. California Implement safety and
congestion mitigation
improvements along
Pacific Coast Highway,
Malibu................ 0.65
708. Dist. of Col. Conduct studies and
related activities
pertaining to proposed
intermodal
transportation Center,
D.C................... 0.75
709. New Jersey Construct Route 31
Fleming Bypass in
Hunterdon County, New
Jersey................ 11.55
710. Massachusetts Construct TeleCom
Boulevard with access
via Commercial Street
and Corporation Way to
the west of Malden
River and with access
via Santilli Highway
to the east of the
river in Everett,
Medford and Malden.... 5.25
711. Pennsylvania Improve access to
Raystown in Huntingdon
County................ 1.125
712. Illinois Study upgrading
Illinois 13/127
between Murphysboro
and Pinckneyville..... 1.575
713. Michigan Widen Arch St.,
Negaunee.............. 0.06
714. Georgia Widen US-84 South from
US-82 to the Ware
County Line in
Waycross and Ware
Counties.............. 2.4
715. Michigan Improve drainage on 6th
Street in Menominee... 0.1125
716. Massachusetts Replace Brightman
Street bridge in Fall
River................. 7.23
717. Kentucky Construct Newton Pike
Extension between West
Main St. to South
Limestone in Lexington 6
718. South Carolina Construct pedestrian
walkway and safety
improvements along SC
277, Richland Co...... 0.8
719. Illinois Conduct Midwest
Regional intermodal
facility feasibility
study in Rochelle..... 0.3
720. Pennsylvania Reconfigure I-81 Exit 2
Ramp in Franklin
County................ 0.525
721. Virginia Planning and design for
Coalfields Expressway,
Buchanan, Dickenson
and Wise Counties..... 1
722. Virginia Construct the Lynchburg/
Madison Heights bypass
in Lynchburg.......... 1.5
723. Massachusetts Construct Cambridge
Roadways Improvement
project, Cambridge.... 2.25
724. Connecticut Construct I-95
interchange, New Haven 19.5
725. Pennsylvania Conduct study and
construct Ft.
Washington
transportation
improvements, Upper
Dublin, PA............ 0.45
726. Michigan Reconstruct I-75/M-57
interchange........... 10.5
727. Minnesota Construct railroad
crossing connecting
University of MN with
City of Crookston..... 0.15
728. Massachusetts Construct bicyle and
pedestrian facility
(The Riverwalk),
Peabody............... 1.08
729. Pennsylvania Upgrade PA 61 between
PA 895 and SR 2014,
Schuylkill Co......... 5
730. Tennessee Construct SR22 Bypass,
Obion Co.............. 7.5
731. California Improve streets and
highways, and/or
construct sound walls,
Thousand Oaks......... 1.25
732. New York Complete engineering,
design, environment
reviews and other
preliminary work for
the Miller Highway
relocation project in
New York.............. 6
733. Michigan Construct M-5 Haggerty
Connector............. 2.4
734. Pennsylvania Improve Sidling Hill
Curve and Truck Escape
in Fulton County...... 0.375
735. Texas Construct
circumferential
freeway loop around
Texarkana............. 7.425
736. Massachusetts Reconstruct Route 2/
Jackson Road
interchange, Lancaster 2.7
737. Washington Improve Clinton Ferry
Terminal.............. 3.5
738. California Upgrade Bristol St.,
Santa Ana............. 5.25
739. Pennsylvania Construct US-30 Bypass
from Exton Bypass to
PA-10................. 3
740. Maine Rehabilitate Piscataqua
River bridges, Kittery 3.9375
741. California Construct extension of
State Route 180
between Rt. 99 and the
Hughes/West Diagonal.. 6
742. California Construct Ocean
Boulevard and Terminal
Island Freeway
interchange in Long
Beach, California..... 15
743. Nevada Extend I-580 in Washie
and Douglas Counties.. 3.75
744. Massachusetts Preliminary design of
Route 2 connector to
downtown Fitchburg.... 1.5
745. Illinois Improve and construct
grade separation on
Cockrell Lane in
Springfield........... 1.8
746. Virginia Aquire land and
construct segment of
Daniel Boone Heritage
Trail (Kane Gap
section), Jefferson
National Forest....... 0.5
747. Virginia Construct Route 288 in
the Richmond
Metropolitan Area..... 18.75
748. New York Construct congestion
mitigation project for
Brookhaven............ 3.75
749. Ohio Construct Licking-
Thornwood Connector in
Licking County........ 1.5
750. Louisiana Construct Florida
Expressway in St.
Bernard and Orleans
Parishes.............. 0.15
751. Georgia Construct North River
Causeway and Bridge,
St. Mary's County..... 2.175
752. Missouri Upgrade Eastern Jackson
County, Jackson Co.... 4.5
753. Texas Conduct MIS for
Multimodal Downtown
Improvement Project,
San Antonio........... 0.75
754. Kansas Construct road and rail
grade separations in
Wichita............... 26.25
755. Florida Construct Cross
Seminole Trail
connection in Seminole
County................ 1.125
756. Oregon Upgrade I-5/Highway 217
interchange, Portland. 5.25
757. Ohio Construct St.
Clairsville Bike Path
in Belmont County..... 0.5
758. South Carolina Widen North Main
Street, Columbia...... 9
759. Hawaii Upgrade Puuloa Road
between Kamehameha
Highway and Salt Lake
Blvd.................. 6.75
760. Alabama Construct new I-10
bridge over the Mobile
River in Mobile,
Alabama............... 10.78125
761. Alaska Construct Coffman Cove
ferryboat............. 2.25
762. Ohio Upgrade US-30 from
Wooster to Riceland... 22.5
763. Missouri Replace bridge on Route
92, Platte Co......... 1
764. Maryland Reconstruct segment of
Baltimore Beltway
between U.S. 1 and I-
70.................... 6.75
765. Minnesota Construct Gunflint
Realignment project,
Grand Marais.......... 0.6
766. Colorado Construct alternative
truck route in
Montrose.............. 4.2
767. Pennsylvania Improve I-95/PA-413
Interchange in Bucks
County................ 5.625
768. Hawaii Construct improvements
to H-1 between the
Waiawa interchange and
the Halawa interchange 15
769. California Construct new I-95
interchange with
Highway 99W, Tehama Co 2.2
770. Florida Widen US-17/92 in
Volusia County........ 1.35
771. South Carolina Construct I-77/SC #S-20-
30 interchange,
Fairfield Co.......... 5.25
772. Illinois Construct access road
to Melvin Price Locks
and Dam Visitors
Center, Madison Co.... 1.125
773. Washington Reconstruct I-5
interchange, City of
Lacy.................. 1.125
774. Maryland Construct improvements
a I-270/MD-187
interchange........... 5.5
775. Alabama Construct Finley Ave.
Extension East project 2.925
776. Connecticut Construct Greenmanville
Ave. streetscape
extension, including
feasibility study, in
towns of Groton,
Stonington and Mystic. 6.3
777. Alabama Construct Anniston
Eastern Bypass from I-
20 to Fort McClellan
in Calhoun County..... 40.14
778. Louisiana Construct Causeway
Boulevard/Earhart
Expressway interchange
in Jefferson Parish,
Louisiana............. 4
779. California Create recreational
trails in Santa Monica
Mountains National
Recreation Area....... 6
780. Georgia Widen and reconstruct
Corder Road from
Pineview Drive to the
Russell Parkway....... 2.55
781. Massachusetts Construct Hyannis
Intermodal
Transportation Center,
Hyannis............... 2.4
782. Oregon Construct South
Rivergate rail
overcrossing in
Portland.............. 11
783. Arkansas Improve Arkansas State
Highway 59 from Rena
Road to Old Uniontown
Road in Van Buren..... 1.875
784. Rhode Island Reconstruct Pawtucket
Ave. and Wilcott St.,
Pawtucket............. 1.125
785. New Hampshire Improve the Bridge
Street bridge in
Plymouth.............. 1.036
786. Louisiana Install computer signal
synchronization system
in Baton Rouge........ 4.875
787. Pennsylvania Improve Oxford Valley
Road/US-1 interchange
in Bucks County....... 1.5
788. Pennsylvania Construct US-6
Tunkhannock Bypass in
Wyoming County........ 1.8
789. Florida Construct US17/92 and
SR-436 interchange in
Orange/Osceola/
Seminole County region 2.0625
790. North Carolina Upgrade US 13/NC11
(including Bethel
bypass) in Pitt and
Edgecombe Counties.... 3.375
791. Massachusetts Conduct planning and
engineering for
connector route
between I-95 and
industrial/business
park, Attleboro....... 0.8
792. Virginia Construct I-73 from
Roanoke to the North
Carolina border....... 6
793. California Upgrade Route 4 West in
Contra Costa Co....... 7.5
794. Florida Construct I-4/John
Young Parkway
interchange project in
Orlando............... 10.24425
795. Pennsylvania Construct US-202
Section 600 Phase I
Early Action project
in Upper Gwynedd and
Lower Gwynedd......... 4.5
796. Alabama Construct Historic
Whistler Bike Trail in
Prichard, Alabama..... 0.5025
797. Missouri Upgrade Route 6 between
I-29 and Route AC, St.
Joseph................ 5
798. Iowa Conduct study of Port
of Des Moines, Des
Moines................ 0.075
799. California Improve State Route 57
interchange at Lambert
Road in Brea.......... 0.985
800. Pennsylvania Improve ramp junctions
at intersection of
S.R. 114 and
Interstate 83,
Fairview Township..... 3
801. Mississippi Upgrade Land Fill Road,
Panola Co............. 0.75
802. California Construct bike path
between Sepulveda
Basin Recreation Area
and Warner Center/
Canoga Park, Los
Angeles............... 1.873
803. Wisconsin Upgrade U.S. 51
Tomahark Bypass....... 3.75
804. North Carolina Construct segment of
Raleigh Outer Loop,
Wake Co............... 2.025
805. Michigan Conduct feasibility
study on widening US-
12 to three lanes
between US-127 and
Michigan Highway 50... 0.1875
806. California Widen US-101 from
Windsor to Arata
Interchange........... 1.1
807. Oregon Upgrade access road and
related facilities to
Port of Port Orford... 1.5
808. Pennsylvania Allegheny Trail from
Pittsburgh,
Pennsylvania to
Cumberland, Maryland.. 6
809. Texas Improve I-35 West from
Spur 280 to I-820 in
Fort Worth............ 3
810. Michigan Reconstruct Co. Rd. 612
and Co. Rd. 491,
Montmorency Co........ 0.6825
811. California Improve Folsom
Boulevard--Highway 50
in the city of Folsom. 4.275
812. Illinois Improve Illinois Route
29 in Sangamon and
Christian Counties.... 1.725
813. Tennessee Upgrade SR 386 between
US 31 to the Gallatin
Bypass, Sumner Co..... 1.06
814. Washington Improve primary truck
access route on East
Marine View Drive,
FAST corridor in
Washington............ 4.9
815. Minnesota Construct grade
separated interchange
at south junction of
TH 371/Brainerd bypass 0.75
816. California Upgrade Greenville Rd.
and construct railroad
underpass, Livermore.. 5.1
817. Washington Construct State Route
305 corridor
improvements in
Poulsbo, Washington... 3.15
818. Tennessee Widen US-321 from
Kinzel Springs to Wean
Valley Road........... 6.825
819. Iowa Construct the Julien
Dubuque Bridge over
the Mississippi River
at Dubuque............ 21
820. Michigan Conduct preliminary
engineering, acquire
right-of-way and
construct I-75/North
Down River Road
interchange........... 1.125
821. Virginia Conduct historic
restoration of Roanoke
Passanger Station in
Roanoke............... 0.5
822. New York Undertake Linden Place
reconstruction
project, Queens....... 5.25
823. Illinois Reconstruct interchange
at I-294, 127th St.
and Cicero Ave. with
new ramps to the Tri-
State Tollway, Alsip.. 23.495
824. Louisiana Improve US-165 from
Alexandria to Monroe.. 30
825. Pennsylvania Construct Western
Innerloop from PA-26
to State Route 3014... 2.7
826. Alaska Improve Dalton Highway. 3.75
827. Pennsylvania Relocate US-219
Ridgeway,
Pennsylvania, truck
bypass connector along
Osterhout Street...... 3.75
828. Mississippi Widen State Route 24
from Liberty to I-55.. 0.6875
829. California Widen I-15 in San
Bernardino County,
California............ 18
830. Virginia Complete North Section
of Fairfax County
Parkway in Fairfax
County, Virginia...... 7.5
831. New York Rehabilitate segment of
Henry Hudson Parkway
between Washington
Bridge and Dyckman
St., New York City.... 1.5
832. Iowa Relocate IA-192 and
Avenue G viaduct in
Council Bluffs........ 4.5
833. Pennsylvania Improve T-344 Bridge
over Mahantango Creek
in Snyder County...... 0.525
834. California Construct Phase 3 of
Alameda Street
project, Los Angeles.. 2.5
835. Texas Construct Texas State
Highway 49 between FM
1735 to Titus/Morris
Co. line.............. 4.8
836. Virginia Construct access road
and related facilities
for Fisher Peak
Mountain Music
Interpretive Center on
Blue Ridge Parkway.... 2.7
837. Michigan Construct grade
separation on Sheldon
Road, Plymouth........ 5.25
838. Michigan Upgrade Three Mile
Road, Grand Traverse.. 0.75
839. Ohio Relocate SR-30 for
final design of south
alternative in Carroll
County, Ohio.......... 1
840. Tennessee Improve State Road 60
from Waterville to US-
64 in Bradley County.. 1.2
841. Washington Construct 192nd Street
from SR-14 to SE 15th. 3.75
842. Wisconsin Reconstruct U.S.
Highway 10, Waupaca
County................ 9
843. Minnesota Upgrade Highway 73 from
4.5 miles north of
Floodwood to 22.5
miles north of
Floodwood............. 2.775
844. New York Reconstruct Mamaroneck
Ave., White Plains,
Harrison and
Mamaroneck............ 4.375
845. Pennsylvania Reconfigure
Pennsylvania Turnpike/
Route 13 interchange.. 0.375
846. Pennsylvania Widen and improve Route
449 in Potter County.. 0.75
847. Puerto Rico Upgrade PR 3 between
Rio Grande and Fajardo 6
848. Illinois Constuct Peoria City
River Center parking
facility in Peoria.... 3
849. New Jersey Construct Route 29/129
bicycle, pedestrian
and landscape
improvement plan...... 4.125
850. Tennessee Upgrade Briley Parkway
between McGavock Pike
and I-65.............. 4.2
851. Connecticut Widen Route 4 in
Torrington............ 2.1
852. California Widen 5th Street and
replace 5th Street
bridge in Highland,
California............ 0.75
853. Wisconsin Construct U.S. Highway
10, Freemont to
Appleton.............. 3
854. Missouri Upgrade US-71
interchange in
Carthage, Missouri.... 0.75
855. New York Construct Fordham
University regional
transportation
facility.............. 1.75
856. Missouri Upgrade US-63 in Howell
County, Missouri...... 6
857. Alabama Construct East Foley
corridor project from
Baldwin County Highway
20 to State Highway 59
in Alabama............ 5.25
858. New York Reconstruct Washington
County covered bridge
project............... 1.7
859. California Upgrade Route 4 East in
Contra Costa Co....... 8.5
860. Pennsylvania Complete Broad Street
ramps at Route 611
bypass in Bucks County 1.6725
861. Missouri Construct Strother Rd./
I-470 interchange,
Jackson Co............ 3
862. Massachusetts Upgrade Rt. 9/Calvin
Coolidge Bridge,
Hadley................ 9.375
863. Ohio Rail mitigation and
improvement projects
from Vermillion to
Conneaut.............. 9
864. Massachusetts Construct I-95/I-93
interchange, Boston... 3.75
865. West Virginia Construct Riverside
Expressway, Fairmont.. 27
866. Ohio Construct greenway
enhancements in
Madison............... 2.3
867. Tennessee Reconstruct US-27 in
Morgan County......... 2.25
868. West Virginia Upgrade US Rt. 35
between I-64 and South
Buffalo Bridge........ 31
869. California Construct I-5/Avenida
Vista Hermosa
interchange in San
Clemente.............. 2.25
870. Missouri Upgrade Route 36
between Hamilton and
Chillicothe........... 20
871. Illinois Replace Lebanon Ave.
Bridge and approaches,
Belleville............ 0.75
872. Kentucky Construct US-127:
$5,250,000 for the
Albany Bypass from
KY696 to Clinton
County High School and
$3,161,250 for the
segment between KY696
and the Tennessee
State Line............ 8.41125
873. Tennessee Improve US-64 in
Hardeman and McNairy
Counties.............. 3.75
874. Connecticut Replace bridges over
Harbor Brook, Meriden. 4.9125
875. Colorado Reconstruct I-225/Iliff
Avenue interchange in
Aurora................ 3.625
876. Connecticut Reconstruct I-84
between vicinity of
Route 69 in Waterbury
and Marion Avenue in
Southington........... 4.5
877. New York Improve Cross
Westchester Expressway 0.75
878. Oregon Design and engineering
for intermodal
transportation center,
Astoria............... 0.225
879. Hawaii Construct Kapaa Bypass. 8.25
880. Pennsylvania Construct enhancements
and related measures,
including purchase of
vans for reverse
commutes, to
intermodal facility
located at
intersection of 52nd
and Lancaster Ave.,
Philadelphia.......... 3
881. Washington Construct Edmonds
Crossing Multi-modal
transportation project
in Edmonds, Washington 4.5
882. Ohio Construct Chagrin River/
Gulley Brook corridor
scenic greenway along
I-90 in Lake County... 1.045
883. California Construct interchange
between I-15 and Main
Street in Hesperia,
California............ 7.5
884. Texas Reconstruct State
Highway 87 between
Sabine Pass and
Bolivar Penninsula,
McFadden Beach........ 0.9705
885. California Widen State Route 29
between Route 281 and
Route 175............. 0.275
886. New York Construct Hudson River
scenic overlook from
Route 9 to Waterfront
in Poughkeepsie....... 0.336
887. Indiana Expand 126th Street in
Carmel................ 0.75
888. Florida Widen Gunn Highway
between Erlich Road
and South Mobley Road
in Hillsborough County 1.5
889. Pennsylvania Relocate PA-113 at
Creamery Village in
Skippack.............. 2.7
890. Michigan Upgrade Van Dyke Road
between M-59 and Utica
City limits........... 2.775
891. New Jersey Replace the Ocean City-
Longport bridge in
Cape May County, New
Jersey................ 19.5
892. New York Construct County Road
93 between NYS 27 and
NYS 454............... 0.515
893. Mississippi Upgrade Brister Rd.
between Tutwiler and
Coahoma County line,
Tallahatchie Co....... 0.3825
894. California Conduct highway 65
improvement and
mitigation project.... 4.275
895. Michigan Construct road drainage
improvements, Suttons
Bay Village........... 0.18
896. Pennsylvania Construct 25.5 miles of
the Perkiomen Trail... 0.486
897. Illinois Upgrade Bishop Ford
Expressway/142nd St.
interchange........... 1.125
898. Maine Implement rural ITS.... 0.1875
899. Mississippi Widen US-84 from I-55
at Brookhaven to US-49
at Collins............ 0.6875
900. Washington Widen Columbia Center
Boulevard in Kennewick 1.2075
901. Indiana Repair signal wires,
grade-crossing warning
devices and other
safety protections
along South Shore
Railroad between Gary
and Michigan City..... 0.275
902. Florida Replace St. Johns River
Bridge in Volusia and
Seminole Counties..... 10.5
903. Louisiana Construct East-West
Corridor project in
Southwest Louisiana... 0.75
904. New York Improve and reconstruct
Commerce Street in
York Town............. 0.28
905. Washington Widen SR-522 in
Snohomish County:
$3,650,000 for phase 1
from SR-9 to Lake
Road; $1,550,000 to
construct segment from
Paradise Lake Road to
Snohomish River Bridge 5.2
906. New Jersey Design and construct
pedestrian access
facility from Joseph
G. Minish Waterfront
Park over Route 21 to
the New Jersey
Performing Arts Center
and the contiguous
light rail station in
Newark................ 1
907. Kentucky Construct a segment of
the I-66 corridor from
Somerset to I-75...... 11.25
908. Michigan Construct arterial
connector between US41/
M28 and Co. Rd. 480,
Marquette............. 0.375
909. Wisconsin Upgrade State Highway
29 between Green Bay
and Wausau............ 9
910. Georgia Construct surface
transportation
facilities along
Atlanta-Griffin-Macon
corridor.............. 29.25
911. Oregon Repair Port of Hood
River Bridge Lift Span
project............... 1.125
912. Pennsylvania Construct noise
abatement barriers
along US-581 from I-83
2 miles west in
Cumberland County..... 0.36
913. Texas Widen Highway 287 from
Creek Bend Drive to
Waxahacie bypass...... 5.125
914. Oregon Design and engineering
for Tualatin-Sherwood
Bypass................ 0.375
915. Texas Implement ``Hike and
Bike'' trail program,
Houston............... 6
916. New Hampshire Widen I-93 from Salem
north................. 9.36
917. Tennessee Construct State Route
30 from Athens to
Etowah in McMinn
County................ 7.74
918. California Undertake median
improvements along E.
14th St., San Leandro. 0.75
919. New Jersey Construct Toms River
bridge project
connecting Dover and
South Toms River
Borough............... 2.25
920. New York Improve ferry
infrastructure in
Greenport............. 0.75
921. Puerto Rico Upgrade PR 30 between
PR 203 in Gurabo to PR
31 in Juncos.......... 6
922. Pennsylvania Improve access and
interchange from I-95
to the international
terminal at
Philadelphia
International Airport. 3
923. New Hampshire Construct Orford Bridge 2.836
924. Massachusetts Construct roadway
improvements on Crosby
Drive and Middlesex
Turnpike, Bedford,
Burlington and
Billerica............. 5.78775
925. Illinois Reconstruct Midlothian
Turnpike, Robbins..... 0.216
926. California Plan, design and
construct interchange
between I-15 and Sante
Fe Road in Barstow,
California............ 3
927. Pennsylvania Reconstruct and widen
US Rt. 222 to four-
lane expressway
between Lancaster/
Berks County line and
Grings Mill Rd. and
construction of Warren
Street extenstion in
Reading............... 19
928. Maryland Upgrade roads within
Leakin Park Intermodal
Corridor, Baltimore... 2.4
929. Washington Widen SR522 from SR-9
to Paradise Lake Road. 3.6
930. New York Construct NYS Route 27
at intersection of
North Monroe Avenue... 4.215
931. Michigan Construct Detroit
Metropolitan/Wayne
County South Access
Road.................. 15
932. Illinois Reconstruct U.S. 6,
Harvey................ 1.245
933. New York Redesign Grand
Concourse to enhance
traffic flow and
related enhancements
between E. 161st St.
and Fordham Rd., New
York City............. 9.75
934. Ohio Construct Black River
intermodal
transportation center. 3.45
935. Connecticut Rehabilitate Route 202
bridge in New Milford,
Connecticut........... 2.025
936. Pennsylvania Construct park and ride
facilities in Lower
Bucks County.......... 1.125
937. Pennsylvania Widen US-11/15 between
Mt. Patrick and McKees
Half Falls in Perry
County................ 3.75
938. Illinois Undertake Industrial
Transportation
Improvement Program in
Chicago............... 3.2625
939. California Improve streets and
construct bicycle
paths, Agoura Hills... 0.65
940. California Implement City of
Compton traffic signal
systems improvements.. 3.75
941. Texas Construct relief route
around Alice.......... 0.1875
942. California Reconstruct Harbor
Blvd./SR22
Interchange, City of
Garden Grove.......... 1.5
943. North Carolina Upgrade US 158
(including bypasses of
Norlina, Macon and
Littleton) in Halifax
and Warren Counties... 2.25
944. Utah Construct 7800 South
from 1300 West to
Bangerter Highway in
West Jordan........... 5.85
945. Utah Widen and improve 123rd/
126th South from
Jordan River to
Bangerter Highway in
Riverton.............. 4.5
946. Kentucky Construct US-127
Jamestown Bypass...... 4.35
947. Minnesota Upgrade Cass County
Road 105 and Crow Wing
County Road 125, East
Gull Lake............. 0.72
948. Arkansas Construct Highway 82
from Hamburg to
Montrose.............. 5.375
949. Louisiana Construct Port of South
Louisiana Connector in
Saint John the Baptist
Parish................ 0.525
950. Oregon Rehabilitate Broadway
Bridge in Portland.... 7.5
951. Louisiana Construct Metairie Rail
Improvements and
Relocation project in
Jefferson and Orleans
Parishes, Louisiana... 6
952. Washington Construct Port of
Longview Industrial
Rail Corridor and
Fibre Way Overpass in
Longview.............. 1.875
953. New York Study transportation
improvements for
segments of Hutchinson
River Parkway and New
England Thruway
through the Northeast
Bronx................. 1
954. West Virginia Construct I-73/74
Corridor, including
connectors with WV Rt.
44 and Co. Rt. 13
(Gilbert Creek), Mingo
County................ 9.05
955. Washington Improve I-90/Sunset Way
interchange in
Issaquah, WA.......... 14.85
956. Indiana Construct Marina Access
Road in East Chicago.. 1
957. Alabama Construct bridge over
Tennessee River
connecting Muscle
Shoals and Florence... 10
958. Illinois Resurface 63rd Street
from Western Avenue to
Wallace, Chicago...... 0.5625
959. North Carolina Upgrade Highway 55
between US 64 and
State Route 1121, Wake
and Durham Counties... 17.25
960. Indiana Upgrade Ridge Road
between Griffith and
Highland.............. 3.3
961. Missouri Construct Hermann
Bridge on Highway 19
in Montgomery and
Gasconade Counties.... 1.1
962. New Jersey Replace Groveville-
Allentown Road bridge
in Hanilton........... 2.4
963. Missouri Upgrade US-60 in Carter
County, Missouri...... 20.25
964. Georgia Construct the Fall Line
Freeway from Bibb to
Richmond Counties..... 17.25
965. Pennsylvania Construct American
Parkway Bridge project
in Allentown.......... 3
966. Georgia Upgrade U.S. Rt. 19
between Albany and
Thomaston............. 3.75
967. Georgia Construct noise
barriers on the
westside of I-185
between Macon Road and
Airport Thruway and on
I-75 between Mt. Zion
Road and Old Dixie
Highway in the Atlanta
area.................. 0.75
968. Oregon Construct I-205/
Sunnyside/Sunnybrook
interchange and
related extrension
road, Clackamas Co.... 17.2
969. Minnesota Widen Trunk Highway 14/
52 from 75th Street,
NW to Trunk Highway 63
in Rochester.......... 9.75
970. Minnesota Upgrade CSAH 61 between
TH324 and Snake River. 0.9
971. Utah Construct underpass at
100th South in Sandy.. 3.51
972. California Improve roadway to
provide access to
Hansen Dam Recreation
Area in Los Angeles... 0.75
973. New York Construct Erie Canal
Preserve I-90 rest
stop in Port Byron.... 2.25
974. Massachusetts Construct bike path
between Rt. 16
(Everett) to Lynn
Oceanside............. 1.275
975. Tennessee Construct Kingsport
Highway in Washington
County................ 1.5
976. Mississippi Widen State Route 6
from Pontotoc to US-45
at Tupelo in
Mississippi........... 11.25
977. Tennessee Construct pedestrian
and bicycle pathway to
connect with the
Mississippi River
Trail, and restore
adjacent historic
cobblestones on
riverfront, Memphis... 2.25
978. California Construct improvements
to Harry Bridges
Blvd., Los Angeles.... 6.5
979. Nebraska Construct NE-35
alternative and
modified route
expressway in
Norfolkand Wayne...... 3.375
980. Michigan Upgrade Davison Rd.
between Belsay and
Irish Roads, Genessee
Co.................... 3.2
981. West Virginia Relocate segment of
Route 33 (Scott Miller
Bypass), Roane Co..... 4
982. California Rehabilitate B Street
between Foothill Blvd.
and Kelly St., Hayward 0.525
983. Pennsylvania Construct exit ramp on
I-180 at State Route
2049 in Lycoming
County................ 7.875
984. California Improve streets and
related bicycle lane
in Oak Park, Ventura
Co.................... 0.466
985. Ohio Upgrade 11 warning
devices on the rail
north/south line from
Toledo to Deshler..... 0.825
986. Alabama Expand US-278 in
Cullman County........ 5.4
987. California Improve the Avenue H
overpass in Lancaster,
California............ 4.575
988. New York Construct US-219 from
Route 39 to Route 17.. 20
989. Texas Widen State Highway 35
from SH288 in Angleton
to FM521 and dedicate
$630,000 to the
acquisition of right-
of-way in Brazoria
County................ 5.175
990. Alaska Extend Kenai Spur
Highway-North Road in
Kenai Peninsula
Borough............... 6
991. Washington Construct Interstate
405/NE 8th Street
interchange project in
Bellevue, WA.......... 17.625
992. Tennessee Implement ITS
technologies,
Nashville............. 2.8
993. Texas Construct Galveston
Island Causeway
Expansion project,
Galveston............. 0.5475
994. Michigan Improve I-69 in Branch,
Eaton and Calhoun
Counties.............. 1.875
995. California Improve streets in
Canoga Park and Reseda
areas, Los Angeles.... 1
996. Illinois Undertake improvements
to 127th Street,
Cicero Avenue and
Route 83 to improve
safety and facilitate
traffic flow,
Crestwood............. 2
997. Ohio Construct new traffic
signal and
intersection upgrade
for Village of Hebron
in Licking County..... 0.06
998. California Upgrade US-101 from
Eureka to Arcata...... 0.65
999. Pennsylvania Construct bicycle and
pedestrian facility
between Washington's
Landing and Millvale
Borough, Allegheny Co. 0.4
1000. New York Construct Maybrook
Corridor bikeway in
Dutchess County....... 1.404
1001. California Construct I-10/Barton
Road West/Anderson
Street connection..... 3.75
1002. Mississippi Construct Jackson
International Airport
Parkway and connectors
from High Street to
the Jackson
International Airport
in Jackson,
Mississippi........... 7.5
1003. New Jersey Upgrade I-78
interchange and West
Peddie St. ramps,
Newark................ 3.725
1004. California Implement enhanced
traffic access between
I-10, area hospitals
and southern portion
of Loma Linda......... 1.5
1005. Ohio Construct SR 711
connector four-lane
limited access highway
in Mahoning Co........ 25
1006. Iowa Extend NW 86th Street
from NW 70th Street to
Beaver Drive in Polk
County................ 5.25
1007. California Construct State Route
56 North connectors at
I-5 and North and
South connectors at I-
15 in San Diego....... 3
1008. Arkansas Construct the Ashdown
Bypass/Overpass in
Ashdown............... 3.875
1009. Colorado Reconstruct and upgrade
I-70/I-25 Interchange,
Denver................ 9
1010. Louisiana Construct Zachary
Taylor Parkway project 1
1011. Michigan Upgrade Rochester Road
between I-75 and
Torpsey St............ 9.225
1012. Louisiana Construct I-10/
Louisiana Ave.
interchange........... 6
1013. New York Construct County Route
21, Peeksill Hollow
Road renovation
project............... 7.577
1014. Georgia Undertake Perimeter
Central Parkway
Overpass project and
Ashford Dunwoody
interchange
improvements at I-285,
DeKalb Co............. 0.075
1015. Minnesota Upgrade Highway 53
between Virginia and
Cook.................. 1.5
1016. New York Initiate study and
subsequent development
and engineering of an
international trade
corridor in St.
Lawrence County....... 1.5
1017. California Construct Alameda
Corridor East, San
Gabriel Valley........ 2.205
1018. Arkansas Upgrade Highway 63,
Marked Tree to Lake
David................. 10
1019. Louisiana Congestion mitigation
and safety
improvements to the
Central thruway in
Baton Rouge........... 2.25
1020. Maryland Reconstruct Baltimore
Washington Parkway at
Route 197, Prince
Georges Co............ 11.25
1021. Ohio Construct Wilmington
Bypass, Wilmington.... 3.75
1022. Texas Construct Houston
Street Viaduck project
in Dallas............. 5.125
1023. West Virginia Construct I-73/74
Corridor, including
interchange with US-
460, Mercer County.... 15
1024. Massachusetts Reconstruct Pleasant
Street-River Terrace,
Holyoke............... 1.2
1025. Ohio Improve and widen SR-45
from North of the I-90
interchange to North
Bend Road in Ashtabula
County, Ohio.......... 6.17
1026. Rhode Island Install directional
signs in Newport and
surrounding
communities........... 0.225
1027. Minnesota Construct Highway 210
trail/underpass,
Brainerd/Baxter....... 0.48
1028. Florida A-1-A Beautification
project in Daytona,
Florida............... 3.3
1029. Ohio Widen Licking-SR-79-
06.65 (PID 8314) in
Licking County........ 9
1030. Texas Relocate railroad
tracks to eliminate
road crossings, and
provide for the
rehabilitation of
secondary roads
providing access to
various parts of the
Port and the
construction of new
connecting roads to
access new
infrastructure safely
and efficiently,
Brownsville........... 4.5
1031. Oklahoma Reconstruct US-70 from
Broken Bow to Arkansas
State line in
McCurtain County...... 3.93
1032. Tennessee Improve County Road 374
in Montgomery County.. 3.75
1033. Virginia Enhance Maple Avenue
streetscape in Vienna,
Virginia.............. 2.025
1034. Connecticut Widen Route 10 from
vicinity of Lazy Lane
to River Street in
Southington,
Connecticut........... 3.48
1035. Florida Widen US-192 between
County Route 532 and I-
95 in Brevard and
Osceola Counties...... 18.75
1036. Louisiana Construct Leeville
Bridge on LA-1........ 1.125
1037. Illinois Construct I-57
interchange, Coles Co. 8.15
1038. Massachusetts Upgrade Route 2 between
Philipston and
Greenfield............ 3
1039. New Jersey Construct and/or
reconstruct intermodal
transportation and
maintenance facility
in Union City in order
to replace the NJ
Transit depot......... 2
1040. Illinois Construct Technology
Avenue between US Rt.
45 East to Willenborg
St., Effingham........ 2.735
1041. New Jersey Replace Maple Grange
Road bridge over
Pochuck Creek in
Sussex County......... 1.35
1042. New York Construct CR-96 from
Great South Bay to
Montauk Highway in
Suffolk County........ 0.275
1043. Virginia Construct connector
road from the proposed
U.S. 58 Stuart bypass
to Route 8 South
beginning at the
intersection of
Johnson Street in
Stuart to Route 652... 5.25
1044. Pennsylvania Replace bridge over
Shermans Creek in
Carroll............... 0.75
1045. Connecticut Construct bicycle and
pedestrian walkway,
Town of East Hartford. 0.9
1046. Ohio Construct grade
separations at Front
Street and Bagley
Road, Berea........... 14.25
1047. Alabama Upgrade SR 5 in Perry
Co.................... 1.275
1048. Connecticut Implement Trinity
College Area road
improvements, Hartford 5.1075
1049. Louisiana Construct North/South
Road/I-10-US-61
connection in the
Kenner, Louisiana..... 5
1050. New Jersey Design and construction
Belford Ferry Terminal
in Belford, New
Jersey................ 3.45
1051. Michigan Construct safety
enhancements at rail
crossings, Linden,
Fenton, Swartz Creek
and Gaines............ 0.75
1052. California Extend 7th St. between
F St. and North 7th
St., Sacramento....... 1.5
1053. Massachusetts Upgrade Spring St.
between Bank and
Latham Streets,
Williamstown.......... 1.5
1054. California Complete Citraeado
Parkway project in San
Diego County.......... 2.25
1055. Indiana Conduct railroad
relocation study in
Muncie................ 0.045
1056. Connecticut Improve Route 4
intersection in
Harwinton,
Connecticut........... 1.35
1057. Missouri Widen US-63 in Randolph
and Boone Counties,
Missouri.............. 31.5
1058. New York Construct city of Glen
Cove waterfront
improvements.......... 3.75
1059. Illinois Reconstruct Greenbriar
Rd. with construction
of new turn lanes in
vicinity of John A.
Logan College in
Carterville........... 1.05
1060. Tennessee Construct bridge and
approaches on State
Route 33 over the
Tennessee River
(Henley Street Bridge) 9.9
1061. Ohio Construct SR-315 Ohio
State University Ramp
project in Franklin
County................ 3.5
1062. Nevada Improve at-grade
railroad crossings in
Reno.................. 1.875
1063. Pennsylvania Construct Williamsport-
Lycoming County
Airport Access road
from I-180 to the
airport............... 5.25
1064. Minnesota Construct bicycle and
pedestrian facility
(Mesabi Trail), St.
Louis County.......... 2.25
1065. Florida Widen State Road 44 in
Volusia County........ 1.6875
1066. Missouri Upgrade Mo. Rt. 150,
Jackson Co............ 4.5
1067. Nebraska Construct bridge in
Newcastle............. 3
1068. Pennsylvania Construct PA 36
Convention Center
Connector in Blair
County................ 0.75
1069. Illinois Rehabilitate Western
Springs Arterial
Roadway, Cook Co...... 0.825
1070. California Rehabilitate Highway 1
in Guadalupe.......... 0.375
1071. Utah Widen 7200 South in
Midvale............... 0.99
1072. Iowa Construct I-29 airport
interchange overpass
in Sioux City......... 4.65
1073. Florida Restore and
rehabilitate Miami
Beach Bridge and
waterfront in Miami
Beach, Florida........ 1.35
1074. Washington Improve Huntington
Avenue South in Castle
Rock.................. 0.5625
1075. Minnesota Implement Trunk Highway
8 Corridor projects,
Chisago Co............ 12.475
1076. Michigan Relocate US-31 from
River Road to Naomi
Road in Berrian County 13.5
1077. South Carolina Construct I-95/I-26
interchange,
Orangeburg Co......... 8.5
1078. Texas Upgrade State Highway
35 Houston District
Brazoria County....... 6.92
1079. Maryland Improve Halfway
Boulevard east and
west of Exit 5, I-81
in Washington County.. 3
1080. California Upgrade D Street
between Grand and
Second Streets,
Hayward............... 0.9
1081. New Jersey Undertake improvements
associated with the
South Amboy Regional
Intermodal Center..... 12
1082. New York Replace Kennedy-class
ferries, Staten Island 30
1083. Texas Expand Winters Freeway
(US83/84) in Abilene
between Southwest
Drive and US 277...... 8.4
1084. Maine Replacement and
renovation of Carlton
Bridge, Bath/Woolwich. 6
1085. New York Rehabilitate Jay
Covered Bridge in
Essex County.......... 0.75
1086. Minnesota Construct Elk River
bypass from 171st
Avenue at Highway 10
to intersection of
County Roads 12 and 13
at Highway 169........ 2.4
1087. Pennsylvania Construct Route 72
overpass at Conrail in
Lebanon............... 6.6075
1088. Indiana Upgrade Route 31 and
other roads, St.
Joseph and Elkhart
Counties.............. 4.5
1089. California Install call boxes
along Highway 166
between intersection
with Highway 101 and
junction with Highway
33.................... 0.216
1090. New Hampshire Construct Chestersfield
Bridge................ 2.536
1091. Oregon Construct bike path
between Terry Street
and Greenhill Road,
Eugene................ 1.17
1092. Dist. of Col. Conduct MIS of light
rail corridors, D.C... 0.75
1093. Arkansas Enhance area in the
vicinity of Dickson
Street in Fayetteville 1.125
1094. Pennsylvania Extend North Delaware
Ave. between Lewis St.
and Orthodox St.,
Philadelphia.......... 4.2
1095. Indiana Reconstruct Wheeling
Avenue in Muncie...... 1.2
1096. Ohio Construct interchange
at I-480 in
Independence, Ohio.... 3.5
1097. Pennsylvania Relocate PA 18 between
9th Ave. and 32nd St.,
Beaver Falls.......... 1.05
1098. Alabama Construct Eastern Shore
Trail project in
Fairhope, Alabama..... 1.01625
1099. Maine Studies and planning
for extension of I-95. 2.125
1100. Alabama Replace bridge over
Tombigbee River,
Naheola............... 2.25
1101. Illinois Reconstruct Cossitt
Ave. in La Grange..... 1.485
1102. New York Improve Broadway in
North Castle in
Westchester County.... 1.26
1103. New York Construct access
improvements to Port
of Rochester Harbor,
Rochester............. 12
1104. Illinois Reconstruct Broad
Street between Maple
St. to Sixth St.,
Evansville............ 0.2625
1105. California Widen SR-71 from
Riverside County to SR-
91.................... 13
1106. Alabama Construct improvements
to 19th Street between
I-59 and Tuxedo
Junction, Birmingham.. 0.675
1107. Pennsylvania Improve safety on PA-41
from US-30 to PA-926.. 6
1108. Texas Construct 6th and 7th
Street overpass over
railroad yard,
Brownsville........... 0.375
1109. California Upgrade intersection of
Folsom Blvd. and Power
Inn Rd., Sacramento... 7.5
1110. Illinois Replace Gaumer Bridge
near Alvin............ 0.9
1111. Minnesota Upgrade TH6 between
Talmoon and Highway 1. 0.9
1112. Michigan Extend Trowbridge Road
from Harrison Rd. to
Red Cedar Rd.......... 1.875
1113. New York Reconstruct Flushing
Avenue between Wycoff
Avenue and Gates
Street................ 2.25
1114. California Construct I-580
interchange, Livermore 9.9
1115. Illinois Upgrade South Lake
Shore Driver between
47th and Hayes,
Chicago............... 5.85
1116. Pennsylvania Improve PA 26 in
Huntingdon County..... 0.75
1117. Virgin Islands Construct bypass around
Christiansted......... 6
1118. New Mexico Complete the Paseo del
Norte East Corridor in
Bernalillo County..... 3.325
1119. California Upgrade Industrial
Parkway Southwest
between Whipple Rd.
and improved segment
of the parkway,
Hayward............... 0.45
1120. Kansas Widen US-81 from
Minneapolis, Kansas to
Nebraska.............. 20.85
1121. New York Construct sound
barriers on Grand
Central Parkway
between 244th Street
and Douglaston Parkway 0.375
1122. New York Construct Bike Paths
along the Bronx River
in Bronx Park......... 0.25
1123. Pennsylvania Conduct preliminary
engineering and design
for the US-219 bypass
of Bradford........... 0.75
1124. Utah Widen and improve 123rd/
126th South from 700
East to Jordan River
in Draper............. 6.3
1125. California Construct Olympic
Training Center Access
road, Chula Vista..... 5
1126. Florida Pedestrian safety
initiative on US-19 in
Pinellas County....... 5.1
1127. Texas Construct US Highway 59
railroad crossing
overpass in Texarkana. 2.625
1128. Illinois Widen and improve US-34
intechange in Aurora.. 6
1129. Connecticut Construct Hartford
Riverwalk South,
Hartford.............. 2.64
1130. New York Rehabilitate
transportation
facilities in CO-OP
City.................. 1
1131. Florida Widen and realign Eller
Drive in Port
Everglades, Florida... 4.2
1132. Mississippi Construct I-20
interchange at Pirate
Cove.................. 0.75
1133. Mississippi Widen US-98 from Pike
County to Foxworth.... 0.6875
1134. Pennsylvania Improve Route 219 in
Clearfield County..... 0.75
1135. Michigan Replace Barton Rd./M-14
interchange, Ann Arbor 0.75
1136. Nebraska Construct the Antelope
Valley Overpass in
Lincoln............... 5.625
1137. New York Reconstruct Niagara
St., Quay St., and 8th
St. including
realignment of Qual
St. and 8th Ave. in
Niagara Falls......... 2.625
1138. California Upgrade and synchronize
traffic lights in the
Alameda Corridor East
in Los Angeles County. 17.25
1139. Illinois Widen US-20 in Freeport 3.825
1140. Kentucky Reconstruct Liberty and
Todd Roads, Lexington. 6
1141. New Jersey Upgrade Montvale/
Chestnut Ridge Road
and Grand Avenue
intersection at Garden
State Parkway in
Bergan County......... 0.375
1142. California Widen SR-23 between
Moorpark and Thousand
Oaks.................. 10.5
1143. Utah Extend Main Street from
5600 South to Vine
Street in Murray...... 10.35
1144. Pennsylvania Construct access road
to Hastings Industrial
Park, Cambria Co...... 3.05
1145. New Jersey Improve Old York Road/
Rising Run Road
intersection in
Burlington............ 4.98
1146. Michigan Construct deceleration
lane in front of 4427
Wilder Road, Bay City. 0.015
1147. Pennsylvania Construct I-81 noise
abatement program in
Dauphin County........ 0.48
1148. Washington Construct Peace Arch
Crossing of Entry
(PACE) lane in Blaine. 4.9
1149. New York Traffic Mitigation
Project on William
Street and Losson Road
in Cheektowaga........ 3
1150. Arkansas Construct North Belt
Freeway............... 5.25
1151. Ohio Improve and widen SR-91
from SR-43 south to
county line/city line
in Solon.............. 4.25
1152. Texas Upgrade US Rt. 59
between US 281 to I-37 12
1153. Michigan Construct M-24 Corridor
from I-69 to southern
Lapeer County......... 2
1154. Tennessee Construct greenway and
bicycle path corridor,
City of White House... 3.2
1155. Massachusetts Rehabilitate Union
Station in Springfield 12
1156. Pennsylvania Install citywide
signalization (SAMI)
project in Lebanon.... 0.75
1157. Washington Widen SR-543 from I-5
to International
Boundary, Washington.. 10.2
1158. Hawaii Replace Sand Island
bridge................ 0.75
1159. West Virginia Upgrade Route 10
between Logan and Man. 50
1160. Florida Expand Palm Valley
Bridge in St. Johns
County................ 3.1
1161. Michigan Improve US-31 from
Holland to Grand Haven 2.25
1162. Florida Upgrade U.S. 319
between I-10 and the
Florida/Georgia State
line.................. 3.75
1163. Colorado Improve SH-74/JC-73
interchange, City of
Evergreen in Jefferson
County, Colorado...... 4.188
1164. Pennsylvania Improve Route 94
Corridor through
Hanover to Maryland
State Line............ 6
1165. California Undertake San Pedro
Bridge project at SR
1, Pacifica........... 1.125
1166. Michigan Upgrade Tittabawasee
Road between Mackinaw
Road and Midland Road,
Saginaw Co............ 3
1167. Illinois Improve IL-159 in
Edwardsville.......... 3.20625
1168. Virginia Improve East Eldon
Street in Herndon..... 0.375
1169. Texas Construct Cleveland
Bypass................ 10.125
1170. Utah Widen SR-36 from I-80
to Mills Junction..... 2.25
1171. New Jersey Eliminate Berlin Circle
and signalize
intersection in Camden 6
1172. Arkansas Upgrade US Rt. 412,
Fulton County line to
Missouri State line... 7.5
1173. California Upgrade Del Almo
Boulevard at I-405.... 5
1174. Pennsylvania Improve access to
McKeesport-Duquesne
Bridge................ 2.15
1175. North Carolina Construct US-64/264 in
Dare County........... 0.75
1176. California Construct Gene Autry
Way/I-5 Access
project, Anaheim...... 6.75
1177. Arizona Construct Veterans'
Memorial overpass in
Pima Co............... 11.25
1178. Virginia Conduct preliminary
engineering on I-73
between Roanoke and
Virginia/North
Carolina State line... 3
1179. Mississippi Upgrade roads,
Washington Co......... 3.3075
1180. Tennessee State Highway 109
upgrade planning and
engineering, Sumner Co 1.84
1181. Florida Construct John Young
Parkway/I-4
interchange........... 6
1182. Illinois Rehabilitate and
upgrade 87th Street
Station to improve
intermodal access..... 1.7715
1183. Ohio Upgrade SR 124 between
Five Points and
Ravenswood Bridge,
Meigs Co.............. 3.75
1184. Colorado Construct Broadway
Viaduct, Denver....... 3
1185. New York Construct Bay Shore
Road SR-231 to SR-27
in Suffolk County..... 7.53
1186. North Dakota Construct Jamestown
bypass................ 3.6
1187. Ohio Upgrade State Route 18
between I-71 and I-77. 1.55
1188. California Construct Overland
Drive overcrossing in
Temecula.............. 3.75
1189. Ohio Upgrade U.S. Route 422
through Girard........ 4.72
1190. Mississippi Widen MS-45 from
Brooksville to US-82
in Mississippi........ 3.375
1191. California Extend Highway 41 in
Madera County......... 5.5
1192. Missouri Construction and
upgrade of US-71/I-49
in Newton and McDonald
County, Missouri...... 24.97725
1193. North Carolina Upgrade US-158 in
Warren and Halifax
Counties.............. 2.25
1194. Illinois Reconstruct I-74
through Peoria........ 2
1195. Minnesota Construct Shepard Road/
Upper Landing
interceptor, St. Paul. 2.25
1196. Texas Construct segment lof a
bypass to I-35 known
as SH-130. The State
of Texas shall consult
with all appropriate
local officials,
representatives of the
affected local
communities, and
provide for public
comment prior to
determining a final
alignment for the
project............... 13.5
1197. Washington Redevelop Port of
Anacortes waterfront.. 0.05
1198. California Construct I-15 Galinas
interchange in
Riverside County...... 6.375
1199. New Jersey Replace Kinnaman Avenue
bridge over Pohatcong
Creek in Warren County 1.2
1200. Michigan Upgrade (all weather)
on US 2, US 41, and M
35.................... 1.275
1201. Maine Upgrade Route 11....... 3
1202. Rhode Island Reconstruct Harris
Ave., Woonsocket...... 1.5
1203. Oregon Construct bike path
between Main Street/
Highway 99 in Cottage
Grove to Row River
Trail, Cottage Grove.. 0.23
1204. Maine Improve Route 26....... 1.125
1205. New York Rehabilitate Third
Avenue Bridge over
Harlem River, New York
City.................. 1.5
1206. New Hampshire Construct the Keene
bypass................ 4.899
1207. New Jersey Construct grade
separation of Route 35
and Tinton falls and
extend Shrewsbury
Avenue in Monmouth.... 3.75
1208. California Reconstruct La Loma
Bridge in Pasadena.... 2.25
1209. Indiana Remove and replace
Walnut Street in
Muncie................ 1.605
1210. Arkansas Construct US-270 East-
West Arterial in Hot
Springs............... 6.875
1211. Oklahoma Reconstruct and widen I-
40 Crosstown Bridge
and Realignment in
downtown Oklahoma
City, including
demolition of the
existing bridge,
vehicle approach
roads, interchanges,
intersections,
signalization and
supporting structures
between I-35 and I-44. 72.7875
1212. Texas Widen Meacham Boulevard
from I-35W to FM-146
and extend Meacham
Boulevard from west of
FM-156 to North Main
Street................ 2
1213. Minnesota Upgrade CSAH 116 north
of CSAH 88 in Ely..... 1.2
1214. Mississippi Upgrade West County
Line Road, City of
Jackson............... 8.25
1215. California Construct Imperial
Highway grade
separation and sound
walls at Esperanza
Road/Orangethorpe
Avenue in Yorba Linda,
California............ 12.515
1216. Nevada Widen I-15 from
California State line
to Las Vegas.......... 1.875
1217. Connecticut Improve and realign
Route 8 in Winchester. 1.515
1218. Oklahoma Reconstruct US-70 in
Marshall and Bryan
Counties.............. 0.11
1219. Pennsylvania Construct California
University of
Pennsylvania
intermodal facility... 1
1220. Arkansas Construct turning lanes
at US-71/AR-8
intersection in Mena.. 0.1875
1221. Michigan Construct intermodal
freight terminal in
Wayne Co.............. 18
1222. Pennsylvania Improve PA 17 from PA
274 to PA 850 in Perry
County................ 0.75
1223. Indiana Install traffic
signalization system
in Muncie............. 0.675
1224. Illinois Upgrade US 40 in
Martinsville.......... 0.094
1225. Indiana Construct SR-9 bypass
in Greenfield......... 2.3625
1226. Kentucky Conduct feasibility
study for Northern
Kentucky High Priority
Corridor (I-74)....... 0.375
1227. Hawaii Construct interchange
at junction of
proposed North-South
road and H-1.......... 1.5
1228. Florida Construct improvements
to JFK Boulevard,
Eatonville............ 0.75
1229. Mississippi Construct access
improvments to various
roads, Humphreys Co... 0.75
1230. South Dakota Construct Heartland
Expressway Phase I.... 6.505
1231. Illinois Construct Raney Street
Overpass in Effingham. 4.4
1232. Texas Road improvements along
historic mission
trails in San Antonio. 1.875
1233. New York Construct Elmira
Arterial from Miller
to Cedar.............. 2.25
1234. Ohio Construct a new
interchange at County
Road 80 and I-77 in
Dover with $100,000 to
preserve or
reconstruct the
Tourism Information
Center................ 7.1
1235. California Construct Airport Blvd.
interchange in Salinas 6
1236. Massachusetts Construct South
Weymouth Naval Air
Station Connectivity
Improvements.......... 14.225
1237. Illinois Construct new entrance
to Midway Airport
Terminal.............. 6.5
1238. West Virginia Preliminary
engineering, design
and construction of
the Orgas to Chelayn
Road, Boone Co........ 2
1239. New Jersey Construct US-22/Chimney
Rock Road interchange
in Somerset County.... 17.25
1240. Kansas Reconstruct K-7 from
Lone Elm Road to
Harrison.............. 2.79
1241. Pennsylvania Install traffic signal
upgrade in Clearfield
Borough in Clearfield
County................ 0.375
1242. Missouri Construct Grand Ave.
viaduct over Mill
Creek Valley in St.
Louis................. 1.65
1243. Pennsylvania Construct improvements
to North Shore Roadway
and access in the city
of Pittsburgh......... 11
1244. West Virginia Construct improvements
on WV 9 including
turning lane and
signalization, Berkely
Co.................... 0.2
1245. New York Conduct Trans-Hudson
Freight Improvement
MIS, New York City.... 3
1246. West Virginia Upgrade Route 2 in
Cabell Co., including
the relocation of
Route 2 to provide for
a connection to I-64
(Merrick Creek
Connector)............ 10
1247. New Hampshire Construct Hindsale
Bridge................ 2.536
1248. Washington Reconstruct I-82/SR-24
intersection and add
lanes on SR- 24 to
Keys Road............. 6.48
1249. Iowa Construct controlled
access four-lane
highway between Des
Moines and Burlington. 9.525
1250. Pennsylvania Construct bicycle and
pedestrian facility
between Boston Bridge
and McKee Point Park,
Allegheny Co.......... 0.125
1251. Ohio Upgrade and widen US-24
from I-469 to I-475... 17.25
1252. Texas Upgrade FM517 between
Owens and FM 3346,
Galveston............. 2.892
1253. Idaho Construct US-95:
Sandcreek Alternate
Route in Sandpoint.... 13.5
1254. New Jersey Replace Calhoun Street
Bridge in Trenton..... 0.975
1255. California Construct Cabot-Camino
Capistrano Bridge
project in Southern
Orange County......... 1.5
1256. Pennsylvania Construct PA 16 truck
climbing lane in
Franklin County....... 1.5
1257. New York Construct Eastern Long
Island Scenic Byway in
Suffolk County........ 11.25
1258. Texas Construct Loop 197,
Galveston............. 3.2175
1259. Illinois Construct Western
Springs Pedestrian and
Tunnel project, Cook
Co.................... 0.925
1260. Georgia Construct the Savannah
River Parkway in
Bullock, Jenkins,
Screven and Effingham
Counties.............. 7.5
1261. Mississippi Construct connector
between US-90 and I-10
in Biloxi............. 6.375
1262. American Samoa Construct drainage
system improvements
associated with
highway construction
on Tutilla Island,
American Samoa........ 3.75
1263. Maryland Implement city-wide
signal control system
replacements and
improvements in
Baltimore............. 13.275
1264. West Virginia Construct I-81
interchange,
Martinsburg........... 5.05
1265. Alabama Replace pedestrian
bridges at Village
Creek and Valley
Creek, Birmingham..... 0.075
1266. Virginia Improve Route 123 from
Route 1 to Fairfax
County line in Prince
William County,
Virginia.............. 11.25
1267. New Mexico Improve US-70 from I-25
to Organ in New
Mexico................ 18.75
1268. Pennsylvania Undertake
transportation
enhancement activities
within the Lehigh
Landing Area of the
Delaware and Lehigh
Canal National
Heritage Corridor..... 5.25
1269. New York Implement Melrose
Commons geographic
information system.... 0.75
1270. Alabama Construct repairs to
Pratt Highway Bridge,
Birmingham............ 0.45
1271. Texas Construct Spur 10 from
SH-36 to US-59........ 3
1272. Nebraska Replace US-81 bridge
between Yankton, South
Dakota and Cedar
County, Nebaska....... 1.125
1273. California Construct Centennial
Transportation
Corridor.............. 15.75
1274. Minnesota Construct Phalen Blvd.
between I-35E and I-94 9.75
1275. California Reconstruct Palos
Verdes Drive, Palos
Verdes Estates........ 0.3375
1276. Pennsylvania Facilitate coordination
of transportation
systems at
intersection of 46th
and Market, and
enhance access and
related measures to
area facilities
including purchase of
vans for reverse
commutes, Philadelphia 3
1277. Indiana Improve Southwest
Highway from
Bloomington to
Evansville............ 27
1278. Pennsylvania Construct an access
road in Bedford
Springs, Pennsylvania,
along Old U.S. 220 to
the Springs Project
and to construct other
facilities to
facilitate movement of
traffic within the
site and construction
of a parking facility
to be associatied
therewith or other
projects in the
counties of Bedford ,
Blair, Fulton,
Franklin, Mifflin,
Fulton and Clearfield,
and Huntingdon, as
selected by the State
of Pennsylvania....... 28.18
1279. Washington Undertake FAST Corridor
improvements with the
amounts provided as
follows: $12,000,000
to construct the North
Duwamish Intermodal
Project, $3,375,000
for the Port of Tacoma
Road project,
$2,250,000 for the SW
Third St./BSNF project
in Auburn, $1,500,000
for the S.277th St./
BNSF project in Auburn/
Kent, $1,500,000 for
the S.277th St./UP
project in Auburn
Kent, $1,500,000 for
the S. 180th St. E/
BSNF project in
Tukwila, $750,000 for
the 8th St. E/BSNF
project in Pierce Co.,
and $1,125,000 for the
Shaw Rd. extension
Puyallup.............. 24
1280. Ohio Construct interchange
at SR 11 and King
Graves Rd. in Trumball
Co.................... 5.56
1281. Michigan Apply ITS technologies
relating to traffic
control, Lansing...... 2.775
1282. California Stabilize US-101 at
Wilson Creek.......... 0.65
1283. Michigan Construct interchange
at Eastman Avenue/US-
10 in Midland......... 8.25
1284. Arkansas Enhance area around the
Paris Courthouse in
the vicinity of
Arkansas Scenic
Highway 22 and
Arkansas Scenic
Highway 309, Paris
Arkansas.............. 0.3
1285. Mississippi Upgrade Hampton Lake
Road, Tallahatchie Co. 0.66
1286. Illinois Undertake improvements
to Campus
Transportation System. 0.75
1287. Virginia Construct access road,
walking trail and
related facilities for
the Nicholsville
Center, Scott Co...... 0.225
1288. Pennsylvania Improve intersection of
U.S., S.R. 3066, and
West Allegheny Road,
North Fayette Township 3.5
1289. Arkansas Construct Highway 425
from Pine Bluff to the
Louisiana State line.. 5.375
1290. Pennsylvania Construct Independence
Gateway Transportation
Center project,
Philadelphia.......... 5.5
1291. Minnesota Upgrade Perpich
Memorial from CR-535
to CSAH 111........... 2.1
1292. Texas Construct US Rt. 67
Corridor through San
Angelo................ 5.25
1293. Pennsylvania Construct improvements
to roadway and parking
facility in the
vicinity of St.
Francis College,
Cambria County........ 2
1294. Missouri Construct extension of
bike path between
Soulard market area
and Riverfront bike
trail in St. Louis.... 0.6
1295. New York Construct intermodal
facility in Yonkers,
Westchester Co........ 8.687
1296. Maryland Construct intersection
improvements to
facilitate access to
NSA facility, Anne
Arundel Co............ 2.25
1297. Massachusetts Undertake vehicular and
pedestrian movement
improvments within
Central Business
District of Foxborough 1.56
1298. Kentucky Construct KY-70 from
Cave City to Mammoth
Cave.................. 1.5
1299. Virginia Construct Main Street
Station in Richmond... 6
1300. New Hampshire Improve 3 Pisquataqua
River Bridges on the
New Hampshire-Maine
border................ 1.65
1301. Pennsylvania Construct Abbey Trails
in Abington Township.. 0.45
1302. Hawaii Upgrade Kaumualii
Highway............... 8.25
1303. North Carolina Upgrade and improve US-
19 from Maggie Valley
to Cherokee........... 15
1304. Maine Replace Ridlonville
Bridge across
Androscoggin River.... 1.125
1305. Mississippi Upgrade and widen US-49
in Rankin, Simpson,
and Covington Counties 0.6875
1306. Texas Upgrade SH 30,
Huntsville............ 1.875
1307. California Reconstruct the I-710/
Firestone Blvd.
interchange........... 12
1308. Pennsylvania Widen US 30 from Walker
Rd. to Fayetteville in
Franklin County....... 1.5
1309. Virginia Construct Southeastern
Parkway and Greenbelt
in Virginia Beach..... 3
1310. Illinois Replace State Route 47
Bridge in Morris...... 14.25
1311. Texas Upgrade Highway 271
between Paris and
Pattonville........... 1.5
1312. Minnesota Improve roads, Edge of
Wilderness, Grand
Rapids to Effie....... 4.5
1313. Arizona Reconstruct I-19, East
Side Frontage Road,
Ruby Road to Rio Rico
Drive, Nogales........ 7.5
1314. North Carolina Construct I-85
Greensboro Bypass in
Greensboro, North
Carolina.............. 22.125
1315. New York Improve access to I-84/
Dutchess intermodal
facility in Dutchess
County................ 2.21
1316. Illinois Construct I-88
interchange at Peace
Road in De Kalb....... 1.5
1317. North Dakota Upgrade US Rt. 52,
Kenmare to Donnybrook. 2.1
1318. South Carolina Construct improvements
to I-95/SC 38
interchange........... 6.75
1319. Arkansas Construct Highway 15
from Connector Road to
Railroad Overpass in
Pine Bluff............ 0.875
1320. New York Reconstruct 79th Street
Traffic Circle, New
York City............. 7
1321. California Extend State Route 52
in San Diego.......... 2.25
1322. California Construct Sacramento
Intermodal Station.... 3
1323. Illinois Construct Central Ave.-
Narragansett Ave.
connector, Chicago.... 3.7
1324. Pennsylvania Construct Walnut Street
pedestrian bridge in
Dauphin County........ 0.75
1325. Indiana Conduct rail-highway
feasibility project
study in Muncie....... 0.075
1326. Georgia Upgrade US Rt. 27...... 7.5
1327. Michigan Improve Hoban Road and
Grand Avenue, City of
Mackinac Island....... 0.84
1328. Washington Construct Cross Base
Corridor, Fort Lewis-
McChord AFB........... 0.375
1329. Illinois Construct bicycle/
pedestrian trail
parallel to light rail
transit system in St.
Clair Co.............. 5.5
1330. Pennsylvania Improve Bedford County
Business Park Rd in
Bedford County........ 1.5
1331. Louisiana Construct Port of St.
Bernard Intermodal
facility.............. 1.575
1332. New York Construct bridge deck
over the Metro North
right-of-way along
Park Ave. between E.
188th and 189th
Streets............... 0.75
1333. Ohio Conduct feasibility
study for the
construction of
Muskingum County South
93-22-40 connector.... 0.5
1334. South Carolina Upgrade US Highway 301
within Bamberg........ 3.2
1335. Virginia Construct road
improvements,
trailhead and related
facilities for Birch
Knob Trail on
Cumberland Mountain... 0.25
1336. Kansas Widen US-169 in Miami
County................ 12.15
1337. Texas Construct extension of
Bay Area Blvd......... 0.75
1338. New Jersey Construct highway
connector between
Interstate Route 1&9
(Tonelle Ave.) and the
New Jersey Turnpike at
Secaucus Intermodal
Transfer Rail Station
and the Trans Hudson
Corridor at the Bergen
Arches arterial
roadway............... 5.5
1339. California Modify HOV lanes, Marin
Co.................... 5.25
1340. California Widen US-101 from
Petaluma Bridge to
Novato................ 8.75
1341. Arkansas Construct US 63
interchange with
Washington Ave. and
Highway 63B........... 1.5
1342. Louisiana Kerner's Ferry Bridge
Replacement project... 0.75
1343. Pennsylvania Reconstruct I-95/Street
Road interchange in
Bucks County.......... 1.3275
1344. New York Upgrade Frederick
Douglas Circle, New
York City............. 9
1345. Pennsylvania Improve PA 453 from
Water Street to Tyrone
in Huntingdon County.. 0.75
1346. Oregon Acquire and rennovate
facility to serve as
multimodal
transportation center,
Eugene................ 2
1347. Alabama Construct improvements
to Ensley Avenue
between 20th St. and
Warrior Rd.,
Birmingham............ 0.75
1348. Alaska Extend West Douglas
Road.................. 2.475
1349. Pennsylvania Construction of noise
barriers along State
Route 28, Aspinwall... 0.8
1350. Mississippi Replace Greenville
River Bridge in
Washington County..... 1.0
1351. Illinois Reconstruct Claire
Blvd., Robbins........ 0.2475
1352. New Jersey Reconstruct South
Pembrton Road from
Route 206 to Hanover
Street................ 6
1353. Kentucky Reconstruct US-231:
$5,625,000 for the
segment between Dry
Ridge Road and US-231
and US-31; $3,000,000
for the segment
between Allen-Warren
County line and Dry
Ridge Road............ 8.625
1354. Indiana Undertake safety and
mobility improvements
involving street and
street crossings and
Conrail line, Elkhart. 1.5
1355. New York Construct sound
barriers on east side
of Clearview
Expressway between
15th Road and Willets
Point Blvd............ 0.3
1356. Tennessee Construct Franklin Road
interchange and bypass 2
1357. New Jersey Construct, reconstruct
and integrate multi-
transportation modes--
international airport
and seaport, rail,
national highway
system and
brownfields--to
establish an
international
intermodal
transportation center
and corridor between
and within the cities
of Bayonne, Elizabeth
and Newark, New Jersey 2
1358. Louisiana Construct I-49
interchange at Caddo
Port Road in
Shreveport............ 4.2
1359. Oklahoma Conduct study of
Highway 3 in
McCurtain, Pushmataha
and Atoka Counties.... 0.16
1360. North Carolina Construct US-117, the
Elizabeth City Bypass
in Pasquotank County.. 2.625
1361. North Carolina Upgrade US 13
(including Ahoskie
bypass) in Bertie and
Hertford Counties..... 0.75
1362. California Extend Route 46
expressway in San Luis
Obispo Co............. 6
1363. Illinois Construct improvements
to New Era Road,
Carbondale............ 2.625
1364. New York Construct congestion
mitigation project for
Riverhead............. 1.875
1365. California Upgrade Riverside
Avenue/I-10
interchange, Rialto... 0.69375
1366. California Construct I-10
Tippecanoe/Anderson
interchange project in
Loma Linda and San
Bernardino County,
California............ 1.5
1367. Colorado Construct C-470/I-70
ramps in Jefferson Co. 4.187
1368. Washington Conduct feasibility
study of State Route
35 Hood River bridge
in White Salmon....... 0.75
1369. Tennessee Construct Landport
regional
transportation hub,
Nashville............. 8
1370. Pennsylvania Upgrade roadway in the
Princeton/Cottman I-95
interchange and
related improvements,
Philadelphia.......... 15.15
1371. Washington Construct Sequim/
Dungeness Valley trail
project............... 0.75
1372. Maryland Construct phase 1A of
the I-70/I-270/US-340
interchange in
Frederick County...... 11.25
1373. American Samoa Upgrade village roads
on Tutuila/Manua
Island, American Samoa 8.25
1374. Virginia Improve Lee Highway
Corridor in Fairfax,
Virginia.............. 1.35
1375. Michigan Preliminary engineering
and right-of-way
acquisition for
"Intertown South"
route of US 31 bypass,
Emmet County.......... 1.125
1376. Missouri Construction of airport
ground transportation
terminal for the
Springfield/Branson
Airport intermodal
facility in
Springfield, Missouri. 3.75
1377. Ohio Upgrade SR 7 (Eastern
Ave.) to improve
traffic flow into
Gallipolis, Gallia Co. 1.5
1378. Michigan Construct US-27 between
St. Johns and Ithaca.. 6.375
1379. Washington Construct SR 167
Corridor, Tacoma...... 1.125
1380. Washington Widen US-395 in the
vicinity of mile post
170 north of Spokane.. 5.5
1381. Iowa Construct overpass to
eliminate railroad
crossing in Burlington 3.475
1382. Missouri Improve safety and
traffic flow on Rt. 13
through Clinton....... 6
1383. Florida Construct Alden Road
Improvement Project in
Orange County......... 0.525
1384. Dist. of Col. Implement traffic
signalization, freeway
management and motor
vehicle information
systems, Washington,
D.C................... 6
1385. Wisconsin Construct freeway
conversion project on
Highway 41 between
Kaukauna and Brown
County Highway F...... 16
1386. Illinois Construct crossings
over Fox River in Kane
County................ 9.375
1387. Mississippi Construct US-84 from
Eddiceton to Auburn
Road.................. 0.6875
1388. Illinois Construct US-67 in
Madison and Jersey
Counties.............. 5.1
1389. South Carolina Construct Calhoun/
Clarendon Causeway.... 6.5
1390. Florida Construct safety
improvements and
beautification along
U.S. 92, Daytona Beach 2.25
1391. Pennsylvania Realign PA29 in the
Borough of
Collegeville,
Montgomery County,
Pennsylvania.......... 0.495
1392. Pennsylvania Construct Towamencin
Township multimodal
center................ 2.61
1393. Maryland Construct improvements
to Route 50
interchange with
Columbia Pike, Prince
Georges Co............ 2.4
1394. Illinois Construct bypass of
historic stone bridge,
Maeystown............. 0.615
1395. Pennsylvania Construct Johnstown-
Cambria County Airport
Relocation Road....... 0.75
1396. Pennsylvania Reconstruct the I-81
Davis Street
interchange in
Lackawanna............ 6
1397. Connecticut Realign Route 4
intersection in
Farmington............ 2.1
1398. Pennsylvania Construct Wexford I-79/
SR 910 Interchange,
Allegheny Co.......... 0.825
1399. Pennsylvania Extend Martin Luther
King Busway, Alleghany
Co.................... 1.65
1400. Massachusetts Construct Arlington to
Boston Bike Path...... 0.75
1401. New Jersey Construct Collingswood
Circle eliminator,
Camden................ 6
1402. Ohio Construct grade
separations at Fitch
Road in Olmsted Falls. 3.75
1403. Wisconsin Construct Eau Claire
Bypass project........ 6
1404. Minnesota Reconstruct SE Main
Ave. and related
improvements,
completing 34th Street
Corridor project,
Moorhead.............. 3
1405. New York Construct Olana Visitor
Center in Olana....... 1
1406. Massachusetts Improve safety and
traffic operations on
Main and Green
Streets, Mellrose..... 1.95
1407. New York Reconstruct Jackson
Avenue in New Windsor,
Orange County......... 1.963
1408. New York Construct congestion
mitigation project for
Smithtown............. 0.75
1409. New York Reconstruct County
Route 24 in Franklin
County................ 1.85475
1410. North Carolina Construct US-311(I-74)
from NC-68 to US-29A-
70A................... 22.875
1411. California Design and initiation
of long term
improvements along
Highway 199 in Del
Norte County,
California............ 0.275
1412. Alabama Complete I-59
interchange in De Kalb
County................ 3.6
1413. New York Improve Hiawatha
Boulevard and Harrison
Street corridors in
Syracuse.............. 1.6875
1414. New Jersey Construct Route 17
bridge over the
Susquehanna and
Western Rail line in
Rochelle Park......... 1.125
1415. Illinois Undertake streetscaping
between Damden and
Halsted............... 0.8625
1416. Illinois Construct
transportation
improvements to
Industrial Viaduct,
Chicago............... 1.125
1417. Ohio Construct access and
related improvements
to Downtown Riverfront
Area, Dayton.......... 3.675
1418. Oregon Purchase and install
emitters and receiving
equipment to
facilitate movement of
emergency and transit
vehicles at key
arterial
intersections,
Portland.............. 4.5
1419. Tennessee Reconstruct road and
causeway in Shiloh
Military Park in
Hardin County......... 11.25
1420. Arkansas Conduct planning for
highway 278 and rail
for the Warren/
Monticello Arkansas
Intermodal Complex.... 0.875
1421. Oregon Construct regional
multimodal
transportation center
in Albany............. 10
1422. Texas Construct two-lane
parallel bridge, State
Highway 146, FM 517 to
vicinity of Dickinson
Bayou................. 3.6375
1423. Connecticut Relocate and realign
Route 72 in Bristol... 4.0575
1424. Massachusetts Construct Minuteman
Commuter Bikeway-
Charles River Bikeway
connector, Cambridge
and Watertown......... 0.5625
1425. Michigan Replace Chevrolet Ave.
bridge in Genesee Co.. 1.8
1426. Virginia Construct trailhead and
related facilities and
restore old Whitetop
Train Station at
terminus of Virginia
Creeper Trail adjacent
to Mount Rogers
National Recreation
Area.................. 0.3
1427. New York Construct Mineola and
Hicksville Intermodal
Centers in Nassau Co.. 12
1428. Indiana Lafayette Railroad
relocation project in
Lafayette, Indiana.... 22.05
1429. Michigan Construct Jackson Road
project (demonstrating
performance of paper
and plastic reinforced
concrete), Scio
Township.............. 3.45
1430. Wyoming Widen and improve Cody-
Yellowstone Highway
from the entrance to
Yellowstone National
Park to Cody.......... 5
1431. Texas Widen State Highway 6
from from Senior Road
to FM521.............. 9.075
1432. Massachusetts Design, engineer and
right-of-way
aquisition of the
Great River Bridge,
Westfield............. 1.5
1433. Washington Design and implement
report and
environmental study of
the I-5 corridor in
Everett, Washington... 1
1434. North Carolina Make improvements to I-
95/SR-1162 interchange
in Johnston Co........ 2.4
1435. New York Reconstruct Stoneleigh
Avenue in Putnam
County................ 2.89
1436. Pennsylvania Construct
transportation
improvements around
the interchange of
Interstate 81 and S.R.
0944, Hampden Township 2
1437. Wisconsin Upgrade Highway 151
between Platteville
and Dubuque........... 6
1438. New York Improve Bedford-
Banksville Road from
Millbrook to
Connecticut State line 1.44
1439. California Construct interchange
between I-15 and SR-18
in Victorville/Apple
Valley, California.... 6
1440. Connecticut Construct overlook and
access to Niantic Bay. 2.31
1441. Arizona Design, engineering and
ROW acquisition for
Area Service Highway,
Yuma.................. 0.75
1442. Connecticut Reconstruct cross road
over I-95, Waterford.. 1.5
1443. Illinois Upgrade industrial park
road in Village of
Sauget................ 3.375
1444. California Construct I-680 HOV
lanes between Marina
Vista toll plaza to
North Main Street,
Martinez to Walnut
Creek................. 5.25
1445. Iowa Improve US 65/IA 5
interchange, Warren Co 5
1446. Pennsylvania Replace Masontown
bridge, Fayette and
Greene Counties....... 5
1447. Indiana Extend SR 149 between
SR 130 to US Rt. 30,
Valparaiso............ 3
1448. Pennsylvania Construct PA-309
Sumneytown Pike
Connector............. 3.96
1449. California Improve Route 99/Route
120 interchange in
Manteca County........ 6
1450. Alaska Construct a bridge
joining the Island of
Gravina to the
Community of Ketchikan
on Revilla Island..... 15
1451. Nebraska Conduct corridor study
of NE-35 alternative
and modified route in
Norfolk, Wayne and
Dakota City........... 0.75
1452. Michigan Upgrade Lalie St.,
Frenchtown Rd., and
Penshee Rd., Ironwood. 0.27
1453. California Conduct planning,
preliminary
engineering and design
for Etiwanda Ave./I-10
interchange, San
Bernardino Co......... 1.5
1454. California Construct Arbor Vitae
Street improvements,
Inglewood............. 2.625
1455. Minnesota Restore MN
Transportation
facility, Jackson
Street Roundhouse, St.
Paul.................. 0.75
1456. Rhode Island Upgrade pedestrian
traffic facilities,
Bristol............... 0.075
1457. California Install SiliconValley
Smart Corridor project
along the I-880
corridor.............. 2.145
1458. South Carolina Construct I-26/US-1
connector in Columbia. 9
1459. New York Construct Poughkeepsie
Intermodal Facility in
Poughkeepsie.......... 3.75
1460. Oregon Restore transportation
connection between
Wauna, Astoria and
Port of Astoria....... 0.525
1461. New York Conduct feasibility
study of new
International bridges
on the NY/Canada
border................ 0.375
1462. Tennessee Extend Pellissippi
Parkway from State
Route 33 to State
Route 321 in Blount
County................ 8.85
1463. Ohio Upgrade 2 warning
devices on the rail
north/south line from
Columbus to Toledo.... 0.15
1464. California Upgrade South Higuera
Street, San Luis
Obispo................ 0.675
1465. Alabama Upgrade County Road 39
between Highway 84 and
Silver Creek Park,
Clarke Co............. 0.75
1466. North Carolina Relocate US 1 from
north of Lakeview to
SR 1180, Moore and Lee
Counties.............. 5.475
1467. Texas Construct extension of
West Austin Street (FM
2609) between Old
Tyler Road and Loop
224, Nacogdoches...... 1.35
1468. Michigan Reconstruct I-94
between Michigan Route
14 and US-23.......... 9
1469. Connecticut Reconstruct I-84,
Hartford.............. 7.1025
1470. Ohio Undertake improvements
to Valley Street,
Dayton................ 0.675
1471. New Jersey Upgrade Urban
University Heights
Connector, Newark..... 7.275
1472. Ohio Widen to 5 lanes
existing SR 43/Sunset
Boulevard in
Steubenville,
Jefferson County...... 0.6
1473. New York Improve and reconstruct
Stony Street in York
Town.................. 0.35
1474. Ohio Construct grade
separation at Dille
Road in Euclid........ 3.75
1475. Washington Safety improvements to
State Route 14 in
Columbia River Gorge
National Scenic Area.. 3.15
1476. Indiana Upgrade County roads in
La Porte County....... 6
1477. California Implement ITS
technologies in
Employment Center area
of City of El Segundo. 2.6625
1478. Minnesota Construct pedestrian
overpass on Highway
169, Mille Lacs
Reservation........... 0.45
1479. Texas Complete State Highway
35 in Aransas County.. 5.42
1480. Washington Construct overcrossing
at 38th Street in
Everett, WA, and
construct the
Riverside Industrial
Access Road as
identified in the FAST
Corridor plan......... 5.893
1481. Illinois Construct improvements
to McKinley Bridge
over Mississippi River
with terminus points
in Venice, Illinois,
and St. Louis,
Missouri.............. 3.9
1482. Connecticut Upgrade bridge over
Naugatuck River,
Ansonia............... 0.3375
1483. Louisiana Widen Lapalco Boulevard
from Barataria
Boulevard to Destrehan
Avenue in Jefferson
Parish, Louisiana..... 3
1484. California Construct Tulare County
roads in Tulare County 6.75
1485. Washington Extend Mill Plain
Boulevard in Vancouver 3
1486. Missouri Construct an intermodal
center at Missouri
Botanical Garden...... 0.9
1487. Ohio Reimburse costs
associated with
multimodal
transportation
improvements, Dayton.. 2.0625
1488. West Virginia Upgrade US 340 between
West Virginia/Virginia
State line and the
Charles Town Bypass... 2
1489. Ohio Add lanes and improve
intersections on Route
20 in Lake County,
Ohio.................. 2
1490. Pennsylvania Rehabilitate Kenmawr
Bridge, Swissvale..... 0.45
1491. Rhode Island Construct Blackstone
River Bikeway......... 2.59125
1492. Alaska Construct Gravina
Island Bridge in
Ketchikan............. 5.443
1493. Alaska Construct N.W. Alaska
Road/Rail access...... 2.5
1494. Alaska Construct North Denali
access route.......... 1.5
1495. Alaska Construct capital
improvements to marine
transportation
facilities for Prince
of Wales Island....... 0.75
1496. Alaska Improve marine dry dock
and facilities in
Ketchikan............. 0.75
1497. Alaska Construct New Access
Route to Ship Creek
Access in Anchorage... 11.943
1498. Alabama Construct bridge over
Tennessee River
connecting Muscle
Shoals and Florence... 1
1499. Alabama Engineering, right-of-
way acquisition and
construction of
Huntsville Southern
Bypass................ 1
1500. Alabama Construction of Eastern
Black Warrior River
Bridge................ 7.75
1501. Alabama Construct East Foley
Corridor Project from
Baldwin County Highway
20 to State Highway 59
in Alabama............ 1
1502. Alabama Engineering, right-of-
way, acquisition and
construction of
Birmingham Northern
Beltline in Jefferson
County................ 8.917
1503. Alabama Extend I-759 in Etowah
County................ 1.167
1504. Alabama Construct Decatur
Southern Bypass....... 1
1505. Alabama Construct Anniston
Eastern Bypass from I-
20 to Fort McClellan
in Calhoun County..... 2
1506. Alabama Construct Montgomery
outer loop from US 80
to I-85 via I-65...... 11.8
1507. Alabama Develop U.S. 231/I-10
Freeway Connector from
Alabama border to
Dothan................ 2
1508. Alabama Replace bridge over
Tombigbee River,
Naheola............... 3
1509. Arkansas Development of Little
Rock Port Authority... 2
1510. Arkansas Development of Little
Rock River Rail
Project............... 2
1511. Arkansas Improvements to I-30
From Benton to Geyer
Springs Exit in Little
Rock.................. 2
1512. Arkansas Upgrade 2 bypasses
(Washington Ave.
Interchange and
Highway 63B
Interchange) on U.S.
63 in Jonesboro....... 5
1513. Arkansas Construct bypass at
Ashdown............... 1.25
1514. Arkansas Devlopment of U.S. 71
from Fort Chaffee to
Texarkana............. 7
1515. Arkansas Development of
Interchange at
Intersection of I-40
and Airport Road in
West Memphis.......... 6
1516. Arkansas Improve U.S. Highway
412 From Harrison to
Mountain Home......... 3.8875
1517. Arkansas Complete Courthouse
Improvement
Enhancements Project
in Paris.............. 0.1
1518. Arkansas Further study and
development of
Russellville
Intermodal Complex in
Russellville.......... 0.25
1519. Arkansas Construct turning lanes
at the Intersection of
U.S. Highway 71 and
Arkansas State Highway
8 in Mena............. 0.0625
1520. Arkansas Transportation
Enhancements in the
Vicinity of Dickson
St., Fayetteville..... 0.375
1521. Arkansas Improve Arkansas State
Highway 12 From U.S.
71 at Rainbow Curve to
the Northwest Arkansas
Regional Airport...... 0.125
1522. Arkansas Construct intermodal
connector access road
to the Northwest Ark.
Regional Airport...... 4
1523. Arkansas Continue development of
West Phoenix Ave., Ft.
Smith................. 2
1524. Arkansas Improvements to 28th
Street, Van Buren..... 0.25
1525. Arkansas Conduct feasibility
studies for Van Buren
Intermodal Port....... 0.075
1526. Arkansas Upgrade Arkansas State
Highway 59 from Rena
Road to Old Uniontown
Road in Van Buren..... 0.65
1527. Arkansas Construct improvements
to U.S. Highway 71 to
I-40 through Fort
Chaffee and Fort Smith 1.25
1528. California Construct I-80 reliever
route system, Solano
Cty................... 12.1
1529. California Replace Maxwell Bridge,
Napa Cty.............. 8.7
1530. California Construct March Inland
Port ground access
project, Riverside Cty 7.2
1531. California Construct Santa Monica
Transit Pkwy.......... 17
1532. California Construct state Rte 905
between I-805 and Otay
Mesa border crossing.. 38.5
1533. California Construct hwy grade
separation/other
improvements for
"Gateway for America"
project in San Gabriel
Valley................ 100
1534. Colorado State Priority Projects 23.401
1535. Connecticut Reconstruction of
railroad electrical
catenary serving
commuter lines between
New Haven and Stanford 23.433
1536. Connecticut Pedestrian/disabled
access improvements at
Mark Twain House
Historic Site......... 0.5
1537. Connecticut Reconstruct and expand
access road and
related riverwalk
improvements at/
adjacent to Riverside
Park, Hartford........ 2
1538. Connecticut Develop Winsted and
Winchester rail trail,
linkage to existing
trails in neighboring
towns................. 1.5
1539. Connecticut Develop Quinipiac River
linear trail in
Wallingford and
Meriden............... 1.5
1540. Connecticut Extend Farmington Canal
Rail Trail in Hamden
and New Haven......... 1.5
1541. Florida State Priority Projects 92.096
1542. Georgia Upgrade Lithonia
Industrial Blvd, De
Kalb Cty.............. 0.35
1543. Georgia Widen US 84 South from
US 82 to Ware Cty in
Waycross and Ware Ctes 1.6
1544. Georgia Construct Rome to
Memphis hwy in Floyd
and Bartow Ctes....... 2
1545. Georgia Construct Athens to
Atlanta transportation
corridor.............. 8
1546. Georgia Conduct a study of
Interstate multimodal
transportation
corridor from Atlanta
to Chattanooga........ 2.5
1547. Georgia Conduct study of
multimodal
transportation
corridor along GA 400. 25
1548. Georgia Construct Savannah
River Pkwy in Bulloch,
Jenkins Screven, and
Effingham Counties.... 5
1549. Georgia Conduct study of
interstate multimodal
transportation
corridor from Atlanta
to Chattanooga........ 5
1550. Georgia Undertake major
arterial enhancement
in De Kalb Cty:
Candler Rd, Memorial
Dr, and Buford Hwy.... 6.66
1551. Georgia Construct Harry S.
Truman Pkwy........... 3.55
1552. Georgia Construct multimodal
passenger terminal,
Atlanta............... 8.1
1553. Georgia Construct Rome to
Memphis hwy in Floyd
and Bartow Ctes....... 4.112
1554. Georgia Construct Fall Line
Freeway from Bibb to
Richmond Ctes......... 9.5
1555. Georgia Construct Fall Line
Freeway from Bibb to
Richmond Ctes......... 23
1556. Iowa Design, right-of-way
and construction of a
bridge over railroad
tracks on airport
access road in Sioux
City.................. 1.5
1557. Iowa Construction of a 4-
lane expressway
between Des Moines and
Marshalltown.......... 2.75
1558. Iowa Design, right-of-way
and construction of
the Avenue G viaduct
and related roadway in
Council Bluffs........ 7
1559. Iowa Design and construction
of native roadside
vegetation enhancement
center at U.N.I. in
Cedar Falls........... 0.76
1560. Iowa Construct the D116
Dubuque Bridge over
the MI River at
Dubuque............... 7
1561. Iowa Design, right-of-way
and construction of
segments of Martin
Luther King Jr.
Parkway in Des Moines
from Center St. to
Fleur Dr.............. 12
1562. Idaho Reconstruct 184/I-84
interchange (mileposts
0.0-0.6).............. 19
1563. Idaho Rehabilitate US 20
Ashton/Ashton Hill
Bridge and
Intersection Project
(mileposts 363.3-
363.5)................ 3.75
1564. Idaho Construct Cheyenne
Street Railroad
Overpass, Pocatello... 5.5
1565. Idaho Stage 1, US 93 Twin
Falls Alternate Rte
from junction of US 93/
Hwy 30 north
(mileposts 45-48)..... 13
1566. Idaho Safety improvements on
US 95 from Genesee to
Moscow (mileposts 331-
345).................. 16
1567. Idaho Safety improvements/
bridge replacement on
US-95 at Mann's Creek
Curves (mileposts 91.2-
94.8)................. 7
1568. Idaho Alignment/bridge
replacement State Hwy
55 between Smith's
Ferry and Round Valley
(mileposts 94.9-101.0) 18
1569. Illinois Improve Campus
Transportation System,
Chicago............... 2
1570. Illinois Construct US 67 in
Madison and Jersey
Ctes.................. 6.798
1571. Illinois Construct confluence
bikeway in Madison Cty 1
1572. Illinois Extend Veterans Mem
Drive and construct
overpass at I-57 in Mt
Vernon................ 3
1573. Illinois Construct 34 from
Burlington IA to
Monmouth IL........... 5
1574. Illinois Reconstruct Wacker Dr
in Chicago............ 25
1575. Illinois Reconstruct Stevenson
Expwy, Chicago........ 25
1576. Indiana State Priority Projects 47.046
1577. Kansas State Priority Projects 23.488
1578. Kentucky Widen US 27 from
Norwood to Eubank..... 5.83
1579. Kentucky Reconstruct KY210 from
Hodgenville to Morning
Star Rd. in LaRue Cty. 2
1580. Kentucky Conduct feasibility
study for No. KY high-
priority corridor (I-
74)................... 0.125
1581. Kentucky Construct necessary
connections for the
Taylor Southgate
Bridge in Newport and
the Clay Wade Bridge
in Covington.......... 2.3
1582. Kentucky Construction on US 127:
Albany Bypass to KY90,
Albany Bypass from
KY696 to Clinton Cty
H.S., and from KY696
to TN state line...... 2.81
1583. Kentucky Construct highway rail
grade separations
along the City Lead in
Paducah............... 0.25
1584. Kentucky Reconstruction of the
Louisville Trolley
Barn.................. 1.5
1585. Kentucky Completion of the
Owensboro Corridor and
related State Highway
projects.............. 15.817
1586. Kentucky Extend Hurstbourne Pkwy
from Bardstown Rd to
Fern Valley Rd........ 4
1587. Louisiana Causeway Project....... 0.5
1588. Louisiana I-10 Connector, Port of
South Louisiana....... 0.28
1589. Louisiana Florida Expressway
Construction, St.
Bernard/Orleans
Parishes.............. 0.05
1590. Louisiana Kerner Bridge,
Jefferson Parish...... 0.25
1591. Louisiana Construction, LA 1..... 2.3
1592. Louisiana Leeville Bridge, LA 1.. 2
1593. Louisiana Louisiana segment, Gulf
Coast high speed rail. 1
1594. Louisiana Perkins Road, Baton
Rouge................. 1.5
1595. Louisiana East West Corridor/El
Camino Real, LA 6 to
US 84, Central-
Northwest LA.......... 1
1596. Louisiana Nelson Access Road to
Port of Lake Charles.. 4.5
1597. Louisiana Tchopitoulas Corridor,
New Orleans........... 4.5
1598. Louisiana Rte 3132 to Caddo-
Bossier Port,
Shreveport............ 4.5
1599. Louisiana Kansas Lane, Monroe.... 4.5
1600. Louisiana New Orleans CBD to New
Orleans Int'l Airport,
commuter rail......... 5
1601. Massachusetts State Priority Projects 37.365
1602. Maryland Improve hwy signage for
C&O Canal NHP in
Frederick, Washington,
and Allegany Cties.... 0.091
1603. Maryland Construct pedestrian
bicycle bridge across
Susquehanna River
between Havre de Grace
and Perryville........ 1.25
1604. Maryland Upgrade US 113 north of
US 50 to Jarvis Rd in
Worcester Cty......... 7
1605. Maryland Upgrade MD 32 in the
vicinity of NSA Anne
Arundel Cty........... 6.75
1606. Maryland Construct Phase 1-A of
the I-70/I-270/US 340
interchange in
Frederick Cty......... 15
1607. Maine Upgrade Rte 11......... 0.15
1608. Maine Construct I-95/
Stillwater Avenue
interchange........... 0.15
1609. Maine Reconstruction of the
Mack Point Cargo Port. 1.45
1610. Maine Improve Rte 23......... 0.125
1611. Maine Improve Rte 26......... 0.375
1612. Maine Replace Ridlonville
Bridge, Rumford....... 0.875
1613. Maine Studies, planning for
extension of I-95..... 2
1614. Maine Construct I-295
connector, Portland... 1
1615. Maine Replace Singing Bridge
across Taunton Bay.... 1.375
1616. Maine Construct new bridge
over Kennebec River
(Carlton Bridge
replacement).......... 2
1617. Maine Studies, planning,
reconstruction of East-
West Hwy.............. 1
1618. Michigan State Priority Projects 25.447
1619. Michigan State Priority Projects 31.438
1620. Michigan Reconstruct and
rehabilitate,
including rail and
interstate access
improvements for the
Detroit Waterfront
Dock, Detroit......... 6
1621. Minnesota Reconstruct S.E. Main
Ave./I-94 Interchange,
Moorhead.............. 1
1622. Minnesota Construct T.H. 212
Construction between I-
494 and Carver County
Road 147.............. 1
1623. Minnesota Construct T.H. 610/10
from T.H. 169 in
Brooklyn Park to I-94
in Maple Grove........ 2
1624. Minnesota Construct Mankato South
Route in Mankato...... 1
1625. Minnesota Reconstruct SE Main
Avenue/I-94
Interchange, Moorhead. 2
1626. Minnesota Replace Sauk Rapids
Bridge Over
Mississippi River,
Stearns and Benton
Counties.............. 1
1627. Minnesota Replace Sauk Rapids
Bridge over
Mississippi River,
Stearns and Benton
Cties................. 1
1628. Minnesota Construct Shepard Rd./
Upper Landing
Interceptor, St. Paul. 1
1629. Minnesota Construct Mankato South
Route, Mankato........ 1
1630. Minnesota Reconstruct and Replace
I-494 Wakota Bridge
from South St. Paul to
Newport and approaches 3.529
1631. Minnesota Reconstruct/replace I-
494 Wakota Bridge from
South St. Paul to
Newport, and
approaches............ 1
1632. Minnesota Construct Phalen Blvd.
between I-35 and I-94. 2.5
1633. Minnesota Construct T.H. 610/10
from T.H. 169 in
Brooklyn Park to I-94
in Maple Grove........ 9.029
1634. Minnesota Design and Construct
Access to I-35W at
Lake St., Minneapolis. 2
1635. Missouri Develop bike/pedestrian
paths for Town of
Kansas and Riverfront
Park in Kansas City... 0.341
1636. Missouri Construct Cuivre River
Bridge at Lincoln
County................ 3
1637. Missouri Construct Rte 13 MO
River Bridge at
Lexington............. 3
1638. Missouri Construct Hwy 47 MO
River Bridge at
Washington............ 3
1639. Missouri Construct Rte 5 Bridge
at the Lake of the
Ozarks................ 3
1640. Missouri Upgrade Interstate 70
in the State of MO.... 10
1641. Missouri Construct Chouteau
Bridge at Kansas City. 6
1642. Missouri Construct Mississippi
River Bridge at
Hannibal.............. 6
1643. Missouri Construct Bill Emerson
Memorial Bridge....... 8
1644. Missouri Construct Missouri
River Bridge at
Hermann............... 5
1645. Mississippi Replace functionally
obsolete drawbridge
with new crossing,
High Rise Bridge, at
Pascagoula............ 38
1646. Montana Conduct environmental
review, planning,
design, and
construction of the
Beartooth Highway in
Wyoming and Montana... 19.905
1647. North Carolina Construct Raleigh Outer
Loop (segment D)
between NC 50 and SR
2000.................. 8.44
1648. North Carolina Construct additional
lanes on I-77 between
I-85 and NC 73........ 48
1649. North Dakota State Priority Projects 13.138
1650. Nebraska Improve Nebraska
Highways 8 and 15 in
Fairbury.............. 3
1651. Nebraska Construct Riverfront
Trails and Bridges
Along Missouri River
from Dodge Park
through Omaha to
Bellevue.............. 4.786
1652. New Hampshire Widen I-93 from Salem
to Manchester......... 1.175
1653. New Hampshire Construct Manchester
Airport Access Road,
Manchester............ 1
1654. New Hampshire Conway bypass/Rte 16
mitigation, Conway.... 0.5
1655. New Hampshire Improve Bridge Street
bridge, Plymouth...... 1
1656. New Hampshire Advance completion of
Rte 101 project from
Raymond to Hampton.... 2
1657. New Hampshire Rehabilitate/
reconstruct Bath-
Haverhill Bridge, Bath
and Haverhill......... 0.65
1658. New Hampshire Construct Manchester
Access Rd, Manchester. 3.175
1659. New Hampshire Construct Orford
Bridge, Orford........ 0.85
1660. New Jersey Construct bicycle
trails and riverside
improvements, West
Deptford.............. 0.7
1661. New Jersey Construct Del. River
tram to link
destinations on both
sides of Del. River... 8
1662. New Jersey Construct new ramp
between NJ 42 and
south section of I-295 14
1663. New Jersey Construct roadway
network through the
Bergen Arches railroad
right-of-way, Hudson
Cty................... 26.5
1664. New Jersey Relocate/construct
Cooper Hospital Med
Ctr helipad, Camden... 1.5
1665. Nevada Canamex Corridor
Innovative Urban
Renovation Project in
Henderson............. 1.531
1666. Nevada Widen US 50 between
Fallon and Fernley.... 1
1667. Nevada I-580/U.S. 395 Freeway
Extension to Carson
City.................. 5
1668. Nevada Reconstruction of I-15
Interchange at Sahara
Ave. and Rancho Rd. in
North Las Vegas....... 5
1669. Nevada Widening of Craig Rd.
in North Las Vegas.... 2
1670. Nevada Widen I-15 in San
Bernardino County, CA. 6
1671. New York Reconstruct Springfield
Blvd between the LIRR
Main Line South to
Rockaway Blvd in
Queens County......... 1
1672. New York Replace Kennedy-class
ferries in Staten
Island................ 2
1673. New York Construct Fordham Univ
Regional
Transportation
Facility, Bronx....... 4
1674. New York Construct Hamilton St
interchange between
Rte 17 and Rte 15 in
Erwin................. 4.4
1675. New York Construct intermodal
project at Castle,
Clinton and Battery
Pk, NYC............... 6
1676. New York Relocate toll barrier
in Williamsville...... 6.1
1677. New York Construct Rte 219 from
Springville to
Salamanca (Rte 13 to
Rte 17)............... 20
1678. New York Design/construct
upgraded interchange
between I-84 and I-87
nr Stewart Int.'l
Airport, Newburg...... 20
1679. New York Renovate/reconstruct
James A. Farley Post
Office, NYC, as new
Amtrak Sta............ 40
1680. New York Renovate Hellgate
Bridge, NYC........... 15
1681. Ohio Upgrade intersection of
US 20 and SR 420,
Woodville............. 5
1682. Ohio Improve intersection at
SR 327 and US 32,
Wellston.............. 3
1683. Ohio Upgrade US 20 in
Painesville, Perry,
and Madison........... 3
1684. Ohio Upgrade US 30 and Hill-
Diley Road, Lancaster. 4
1685. Ohio Upgrade Caves Road,
Geauga County......... 2
1686. Ohio Upgrade SR 2 between
Oregon and Camp Perry. 5
1687. Ohio Construct intermodal
transit center in
Cincinnati............ 8
1688. Ohio High priority highway
and bridge projects... 34.325
1689. Ohio Upgrade intersection of
US35 and Fairfield
Road.................. 4
1690. Oklahoma Reconstruct/widen I-40
Crosstown Bridge and
Realignment, Oklahoma
City.................. 30.912
1691. Oregon Relocate Highway 126
through Redmond....... 4
1692. Oregon Widen U.S. 30 from two
lanes to four lanes in
Pendleton............. 7.8
1693. Oregon Restore funding for
Broadway Bridge
Project............... 2.5
1694. Oregon Restore funding for I-5/
217 Kruse Way Project. 1.75
1695. Oregon Restore funding for
Astoria Hazard
Recovery Railroad
Slide................. 0.175
1696. Oregon Restore funding for
South Rivergate
Overcrossing Project.. 2
1697. Oregon Restore funding for
Medford Highway 62/99
Project............... 4
1698. Oregon Restore funding for I-
205 Sunnybrooke
Interchange Project... 1.8
1699. Pennsylvania Reconstruction of I-79
from Pa 285 to US 6,
Crawford County....... 1
1700. Pennsylvania Relocation of US 15
from US 522 to PA 147
in Snyder, Union, and
Northumberland
Counties.............. 1
1701. Pennsylvania Reconstruct I-81/Davis
Street Interchange,
Lackawanna County..... 1
1702. Pennsylvania Construct American
Parkway Bridge
project, Allentown.... 1
1703. Pennsylvania Construct Williams-
Lycoming Cty Airport
access road from I-80
to the Airport........ 1
1704. Pennsylvania Rehabilitate Streets
Run Road for emergency
access................ 0.5
1705. Pennsylvania Construct pedestrian
bridge, Vine Street
Expressway between
15th and 16th Streets. 1
1706. Pennsylvania North Shore roadway and
pedestrian
improvements,
Pittsburgh............ 2.505
1707. Pennsylvania Widening and
reconstruction of US
30, Lancaster County.. 2.5
1708. Pennsylvania Construction of Erie
Bayside Connector,
Erie County........... 2
1709. Pennsylvania Construct Independence
Gateway Transportation
Ctr project,
Philadelphia.......... 1
1710. Pennsylvania Road construction in
and around former
Bethlehem Steel plant
site.................. 3
1711. Pennsylvania Roadway and pedestrian
improvements for North
Shore Central Business
District Corridor
Transportation
Project, Pittsburgh... 2.5
1712. Pennsylvania Construction at
Williamsport Airport,
Lycoming County....... 2
1713. Pennsylvania Construct US 322
Conchester Hwy between
US 1 and SR 452....... 3
1714. Pennsylvania Construct I-95 access
ramps at and around
Philadelphia Int'l
Airport............... 5
1715. Pennsylvania Reconstruct SR 309 in
Eastern Montgomery
County................ 2
1716. Pennsylvania Lancaster County
airport runway
extension............. 1
1717. Pennsylvania Construct safety and
capacity improvements
to Rte 309 and Old
Packhouse Road,
including widening of
Old Packhouse Road
between KidsPeace
National Hospital and
Rte 309, Lehigh County 1
1718. Pennsylvania Construct grade
separated interchange
on Old Rte 60 at Pgh.
Airport, Allegheny
County................ 1
1719. Pennsylvania Improvements to SR 412
from I-78 to Bethlehem
Steel site and road
improvements for rail
intermodal facility,
Bethlehem............. 2
1720. Pennsylvania Construct new
interchange at
Settler's Cabin,
Allegheny County...... 1
1721. Pennsylvania Improve access and
interchange from I-95
to int'l terminal at
Philadelphia Int'l
Airport............... 5
1722. Pennsylvania Relocate Rte 15 at
Selinsgrove and
Shamokin Dam, Snyder
County................ 1
1723. Pennsylvania Construct access to
site of former
Philadelphia Naval
Shipyard and Base..... 2
1724. Pennsylvania Reconstruct I-80,
Mercer and Venango
Counties.............. 1
1725. Pennsylvania Construct Erie Eastside
Connector............. 3
1726. Pennsylvania Reconstruct main line I-
179................... 1
1727. Pennsylvania Upgrade US 219 between
Meyersdale and
Somerset.............. 5
1728. Pennsylvania Relocate Rte 222 in/
around Trexlertown,
Lehigh County......... 3
1729. Pennsylvania Widen Broad Street and
related improvements,
Hazelton.............. 2
1730. Pennsylvania Construct Cranberry
Connector, I-79/Rte 19/
PA Turnpike, Butler
County................ 2
1731. Pennsylvania Construct Warren Street
Extension, Reading.... 3
1732. Pennsylvania Construct new lane on
Rte 15, Tioga County.. 5
1733. Pennsylvania Construct Mon Fayette
Expressway between WV
and Fairchance........ 5
1734. Pennsylvania Reconstruct Ft. Pitt
Bridge and Tunnel,
Pittsburgh............ 19
1735. Pennsylvania Construct new
interchange at I-95
and PA Turnpike and
related improvements.. 5
1736. Rhode Island Construct Blackstone
River bikeway......... 8.843
1737. Rhode Island Construct
Woonasquatucket
bikeway............... 3.1
1738. South Carolina Replace Cooper River
Bridges, Charleston... 19.311
1739. South Dakota Construct Eastern
Dakota Expressway
between Aberdeen at I-
29.................... 12.832
1740. South Dakota Preserve Skyline Drive
Scenic Ridgetop in
Rapid City............ 0.5
1741. South Dakota Construct new
interchange and access
road on Interstate 90
at Box Elder.......... 1
1742. Tennessee Reconstruction of Old
Walland Hwy Bridge
over Little River,
Townsend.............. 0.42
1743. Tennessee Construct pedestrian &
bicycle pathway to
connect with Miss.
River Trail & restore
historic cobblestones
on the Riverfront,
Memphis............... 0.7
1744. Tennessee High priority highway
and bridge projects... 44.048
1745. Utah Construct Phase 2 of
the Univ Ave
Interchange, Provo.... 1.5
1746. Utah Engineer/reconstruct at
Brown's Park Rd,
Daggett Cty........... 0.85
1747. Utah Construct Cache Valley
Hwy in Logan.......... 1
1748. Utah Gateway Redevelopment
Area road
reconstruction, Salt
Lake City............. 1
1749. Utah Widen/improve 123rd/
126th South from 700
East to Jordan River,
Draper................ 0.5
1750. Utah Construct Cache Valley
Hwy in Logan.......... 2
1751. Utah Widen/improve 123rd/
126th South from
Jordan River to
Bangerter Hwy in
Riverton.............. 0.5
1752. Utah Construct underpass at
100 South, in Sandy... 1
1753. Utah Extend Main St from
5600 South to Vine St,
Murray................ 2
1754. Utah Construct Phase 2 of
the Univ Ave
Interchange, Provo.... 1
1755. Utah Widen 7200 West,
Midvale............... 0.35
1756. Utah Construct I-15
interchange at
Atkinville............ 2
1757. Utah Improve 5600 West Hwy
from 2100 South to
4100 South in West
Valley City........... 1
1758. Virginia Construct Southeastern
Pkwy and Greenbelt,
Virginia Beach........ 4
1759. Virginia Construct Route 288,
Richmond.............. 2
1760. Virginia Planning/design for
Coalfields Expwy,
Buchanan, Dickinson,
and Wise Ctes......... 5
1761. Virginia Complete no. section of
Fairfax Cty Pkwy,
Fairfax County........ 2
1762. Virginia Reconstruct SR 168
(Battlefield Blvd),
Chesapeake............ 3
1763. Virginia Phase 1 Downtown
Staunton Streetscape
Plan.................. 0.2
1764. Virginia Commuter/freight rail
congestion/mitigation
project over Quantico
Creek................. 2
1765. Virginia Conduct preliminary
engineering on I-73
between Roanoke and VA/
NC state line......... 1
1766. Virginia Construct I-95/State
Rte 627 interchange,
Stafford Cty.......... 1
1767. Virginia Improve Lee Hwy
Corridor in Fairfax... 1
1768. Virginia Construct Third Bridge/
Tunnel Crossing of
Hampton Rd............ 3
1769. Virginia Widen I-64 Bland Blvd
interchange........... 3
1770. Virginia Construct "Smart Road"
in Blacksburg......... 5
1771. Virginia Reconstruct I-66/Rte 29
interchange,
Gainesville........... 15
1772. Vermont Upgrade and Improve
Publicly-Owned Vermont
Rail Infrastructure
from Bennington to
Burlington............ 9.168
1773. Washington Hood River Bridge SR 35 0.192
1774. Washington Port of Kalama River
Bridge................ 0.169
1775. Washington Huntington Avenue South
Castle Rock........... 0.138
1776. Washington Port of Longview
Industrial Rail
Corridor.............. 0.477
1777. Washington I-5 interchange, Lewis
Cty................... 1.27
1778. Washington Safety Improvements to
SR 14 Columbia Gorge.. 0.775
1779. Washington Construct 192nd Street
from SR 14 to SE 15th,
Vancouver............. 0.962
1780. Washington Widen US 395 north of
Spokane............... 1.9
1781. Washington Columbia Center Blvd,
Kennewick............. 0.309
1782. Washington Construct Washington
Pass Visitors Center.. 0.231
1783. Washington Improve Hillsboro
Street/Hwy 395
intersection, Pasco... 0.682
1784. Washington Reconstruct I-82/Keys
Road Intersection,
Yakima................ 1.663
1785. Washington Construct Sequim/
Dungeness Valley Trail
Project............... 0.192
1786. Washington Widen SR 99 between
148th Street and King
County Line, Lynnwood. 0.577
1787. Washington Improve I-5/196th
Street Interchange,
Lynnwood.............. 0.866
1788. Washington Construct SR 305
corridor improvement,
Poulsboro............. 0.673
1789. Washington Edmonds Crossing multi-
modal transportation
project............... 0.962
1790. Washington Construct Cross Base
Corridor Ft. Lewis/
McChord AFB........... 0.115
1791. Washington Reconstruct I-5
Interchange, City of
Lacey................. 0.288
1792. Washington Construct SR 167
Corridor.............. 0.288
1793. Washington Southworth Seattle
Ferry................. 0.962
1794. Washington Undertake SR 166 Slide
Repair................ 1.25
1795. Washington Construct SR 7 Elbe
rest area and
interpretive facility. 0.15
1796. Washington Extend Mill Plain Blvd,
Vancouver............. 1
1797. Washington Construct I-405/NE 8th
Street Interchange,
Bellevue.............. 5.875
1798. Washington Improve I-90/Sunset Way
Interchange, Issaquah. 4.95
1799. Washington Clinton Ferry Terminal. 1.2
1800. Washington 8th Street East Pierce
County................ 0.25
1801. Washington Shaw Road Puyallup
extension............. 0.375
1802. Washington 180th, Tukwila......... 0.5
1803. Washington South 277th, Auburn
(UP).................. 0.5
1804. Washington South 277th, Auburn
(BNSF)................ 0.5
1805. Washington Construct Southwest
Third Street.......... 0.75
1806. Washington Construct Port of
Tacoma Road........... 1.125
1807. Washington Construct North
Duwamish Intermodal
Project............... 4
1808. West Virginia Construct Coalfields
Expressway............ 22.69
1809. Wyoming State Priority Projects 13.934
1810. New Mexico Construct Rio Rancho
Highway............... 20
1811. Massachusetts Reconstruct Huntington
Avenue................ 1
1812. Texas Relocate railroad Bryan/
College Station at
Texas A&M or any other
high priority project
in Texas.............. 10
1813. Texas High priority highway
and bridge projects... 133.863
1814. Arizona High priority highway
and bridge projects... 31.076
1815. Delaware High priority highway
and bridge projects... 8.868
1816. Hawaii High priority highway
and bridge projects... 10.379
1817. Wisconsin High priority highway
and bridge projects... 39.926
1818. Arkansas High priority highway
and bridge projects... 15
1819. Maine High priority highway
and bridge projects... 10
1820. Texas Relocate railroad line
in Bryan and College
Station, Texas A&M
University............ 15
1821. Virginia High priority highway
and bridge projects... 5
1822. New Hampshire High priority highway
and bridge projects... 5
1823. Idaho High priority highway
and bridge projects... 5
1824. Arkansas Conduct Seismic Design
and Deployment
Projects.............. 5
1825. Missouri High priority highway
and bridge projects... 10
1826. Wyoming High priority highway
and bridge projects... 5
1827. Rhode Island Construct pedestrian
and Bicycle Facilities 5
1828. Oklahoma High priority highway
and bridge projects... 5
1829. Colorado High priority highway
and bridge projects... 5
1830. Alabama Develop Huntsville
Southern Bypass....... 1
1831. Alabama Replace bridge over
Tombigbee River,
Naheola............... 1
1832. Alabama Construct Anniston
Eastern Bypass........ 1
1833. Alabama Construct East Foley
Corridor Project from
Baldwin County Highway
20 to State Highway 59
in Alabama............ 0.75
1834. Alabama Construct Decatur
Southern Bypass....... 1
1835. Alabama Construct Montgomery
Outer Loop from US 80
to I-85 via I-65...... 1
1836. Alabama Develop Birmingham
Northern Beltline..... 1.45
1837. Alabama Construct bridge over
Tennessee River
connecting Muscle
Shoals and Florence... 1
1838. Alabama Create National
University
Transportation Center
at the University of
Alabama............... 1.8
1839. Alabama University at Alabama
at Birmingham-Trauma
Care Center........... 2.25
1840. Alabama Conduct advance vehicle
transportation
research program at
the University of
Alabama, Tuscaloosa... 2
1841. Alabama Conduct asphalt
research program at
Auburn University..... 0.5
1842. Alabama Conduct Global Climate
Reserach Program at
the University of
Alabama at Huntsville. 0.25
1843. California Conduct Golden Gate
Seismic Retrofit
Project............... 26
1844. Oregon Prepare and preserve
high priority highways 30
1845. South Dakota Construct Eastern
Dakota Expressway from
Aberdeen to I-29...... 23.768
1846. Massachusetts High priority highway
and bridges........... 25
1847. Pennsylvania Reconstruct and improve
I-95 in Delaware,
Philadelphia and Bucks
Counties, Pennsylvania 50
1848. Pennsylvania Reconstruct and improve
US-22 in Westmoreland
and Indiana Counties,
Pennsylvania.......... 50
1849. South Carolina Replace Cooper River
Bridges, Charleston... 20
1850. Alaska Construct Bradfield
Canal Road............ 1
------------------------------------------------------------------------
SEC. 1603. SPECIAL RULE.
For purposes of calculating the minimum guarantee
apportionment under section 105 of title 23, United States
Code, the Secretary shall not include projects numbered 1818
through 1849 in section 1602.
TITLE II--HIGHWAY SAFETY
SEC. 2001. HIGHWAY SAFETY PROGRAMS.
(a) Uniform Guidelines.--Section 402(a) of title 23, United
States Code, is amended--
(1) in the fourth sentence by striking ``(4) to''
and inserting ``(4) to prevent accidents and'';
(2) in the eighth sentence by striking ``include
information obtained by the Secretary under section
4007 of the Intermodal Surface Transportation
Efficiency Act of 1991 and''; and
(3) in the twelfth sentence by inserting
``enforcement of light transmission standards of window
glazing for passenger motor vehicles and light trucks
as necessary to improve highway safety,'' before ``and
emergency services''.
(b) Administration of State Programs.--Section 402(b) of
such title is amended--
(1) by striking ``(b)(1)'' and all that follows
through paragraph (2) and inserting the following:
``(b) Administration of State Programs.--'';
(2) by redesignating paragraphs (3), (4), and (5)
as paragraphs (1), (2), and (3), respectively;
(3) in paragraph (1)(C) (as so redesignated) by
striking ``paragraph (5)'' and inserting ``paragraph
(3)''; and
(4) in paragraph (2) (as so redesignated) by
striking ``paragraph (3)(C)'' and inserting ``paragraph
(1)(C)''.
(c) Apportionment of Funds.--The sixth sentence of section
402(c) of such title is amended by inserting ``the
apportionment to the Secretary of the Interior shall not be
less than three-fourths of 1 percent of the total apportionment
and'' after ``except that''.
(d) Application in Indian Country.--Section 402(i) of such
title is amended to read as follows:
``(i) Application in Indian Country.--
``(1) Use of terms.--For the purpose of application
of this section in Indian country, the terms `State'
and `Governor of a State' include the Secretary of the
Interior and the term `political subdivision of a
State' includes an Indian tribe.
``(2) Expenditures for local highway programs.--
Notwithstanding subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions.
``(3) Access for individuals with disabilities.--
The requirements of subsection (b)(1)(D) shall be
applicable to Indian tribes, except to those tribes
with respect to which the Secretary determines that
application of such provisions would not be
practicable.
``(4) Indian country defined.--In this subsection,
the term `Indian country' means--
``(A) all land within the limits of any
Indian reservation under the jurisdiction of
the United States, notwithstanding the issuance
of any patent and including rights-of-way
running through the reservation;
``(B) all dependent Indian communities
within the borders of the United States,
whether within the original or subsequently
acquired territory thereof and whether within
or without the limits of a State; and
``(C) all Indian allotments, the Indian
titles to which have not been extinguished,
including rights-of-way running through such
allotments.''.
(e) Rulemaking Proceeding.--Section 402(j) of such title is
amended to read as follows:
``(j) Rulemaking Proceeding.--The Secretary may
periodically conduct a rulemaking process to identify highway
safety programs that are highly effective in reducing motor
vehicle crashes, injuries, and deaths. Any such rulemaking
shall take into account the major role of the States in
implementing such programs. When a rule promulgated in
accordance with this section takes effect, States shall
consider these highly effective programs when developing their
highway safety programs.''.
(f) Highway Safety Education and Information.--
(1) In general.--For fiscal years 1999 and 2000,
the Secretary shall allow any State to use funds
apportioned to the State under section 402 of title 23,
United States Code, to purchase television and radio
time for highway safety public service messages.
(2) Reports by states.--Any State that uses funds
described in paragraph (1) for purchasing television
and radio time for highway safety public service
messages shall submit to the Secretary a report
describing, and assessing the effectiveness of, the
messages.
(3) Study.--Based on information contained in the
reports submitted under paragraph (2), the Secretary
shall prepare and transmit to Congress a report on the
effectiveness of purchasing television and radio time
for highway safety public service messages using funds
described in paragraph (1).
SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) Authority of the Secretary.--Section 403(a)(2)(A) of
title 23, United States Code, is amended by inserting ``,
including training in work zone safety management'' after
``personnel''.
(b) Drugs and Driver Behavior.--
(1) In general.--Section 403(b) of such title is
amended by adding at the end the following:
``(3) Measures that may deter drugged driving.
``(4) Programs to train law enforcement officers on
motor vehicle pursuits conducted by the officers.''.
(2) Reports of federal policies and procedures.--
Not later than 180 days after the date of enactment of
this Act, the Attorney General, the Secretary of
Agriculture, the Secretary of the Interior, the
Secretary of the Treasury, the Chief of Capitol Police,
and the Administrator of General Services shall each
transmit to Congress a report containing--
(A) the policy of the department or agency
headed by that individual concerning motor
vehicle pursuits by law enforcement officers of
that department or agency; and
(B) a description of the procedures that
the department or agency uses to train law
enforcement officers in the implementation of
the policy referred to in subparagraph (A).
SEC. 2003. OCCUPANT PROTECTION.
(a) Occupant Protection Incentive Grants.--
(1) In general.--Chapter 4 of title 23, United
States Code, is amended by inserting after section 404
the following:
``Sec. 405. Occupant protection incentive grants
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants under this section to States that adopt and
implement effective programs to reduce highway deaths
and injuries resulting from individuals riding
unrestrained or improperly restrained in motor
vehicles. Such grants may be used by recipient States
only to implement and enforce, as appropriate, such
programs.
``(2) Maintenance of effort.--No grant may be made
to a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for programs described in paragraph
(1) at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment
of the Transportation Equity Act for the 21st Century.
``(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
``(4) Federal share.--The Federal share of the cost
of implementing and enforcing, as appropriate, in a
fiscal year a program adopted by a State pursuant to
paragraph (1) shall not exceed--
``(A) in each of the first and second
fiscal years in which the State receives a
grant under this section, 75 percent;
``(B) in each of the third and fourth
fiscal years in which the State receives a
grant under this section, 50 percent; and
``(C) in each of the fifth and sixth fiscal
years in which the State receives a grant under
this section, 25 percent.
``(b) Grant Eligibility.--A State shall become eligible for
a grant under this section by adopting or demonstrating to the
satisfaction of the Secretary at least 4 of the following:
``(1) Safety belt use law.--The State has in effect
a safety belt use law that makes unlawful throughout
the State the operation of a passenger motor vehicle
whenever an individual (other than a child who is
secured in a child restraint system) in the front seat
of the vehicle (and, beginning in fiscal year 2001, in
any seat in the vehicle) does not have a safety belt
properly secured about the individual's body.
``(2) Primary safety belt use law.--The State
provides for primary enforcement of the safety belt use
law of the State.
``(3) Minimum fine or penalty points.--The State
imposes a minimum fine or provides for the imposition
of penalty points against the driver's license of an
individual--
``(A) for a violation of the safety belt
use law of the State; and
``(B) for a violation of the child
passenger protection law of the State.
``(4) Special traffic enforcement program.--The
State has implemented a statewide special traffic
enforcement program for occupant protection that
emphasizes publicity for the program.
``(5) Child passenger protection education
program.--The State has implemented a statewide
comprehensive child passenger protection education
program that includes education programs about proper
seating positions for children in air bag equipped
motor vehicles and instruction on how to reduce the
improper use of child restraint systems.
``(6) Child passenger protection law.--The State
has in effect a law that requires minors who are riding
in a passenger motor vehicle to be properly secured in
a child safety seat or other appropriate restraint
system.
``(c) Grant Amounts.--The amount of a grant for which a
State qualifies under this section for a fiscal year shall
equal up to 25 percent of the amount apportioned to the State
for fiscal year 1997 under section 402.
``(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(e) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Child safety seat.--The term `child safety
seat' means any device (except safety belts) designed
for use in a motor vehicle to restrain, seat, or
position a child who weighs 50 pounds or less.
``(2) Motor vehicle.--The term `motor vehicle'
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.
``(3) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle
with motive power (except a trailer), designed to carry
not more than 10 individuals, that is constructed
either on a truck chassis or with special features for
occasional off-road operation.
``(4) Passenger car.--The term `passenger car'
means a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals.
``(5) Passenger motor vehicle.--The term `passenger
motor vehicle' means a passenger car or a multipurpose
passenger motor vehicle.
``(6) Safety belt.--The term `safety belt' means--
``(A) with respect to open-body passenger
vehicles, including convertibles, an occupant
restraint system consisting of a lap belt or a
lap belt and a detachable shoulder belt; and
``(B) with respect to other passenger
vehicles, an occupant restraint system
consisting of integrated lap and shoulder
belts.''.
(2) Conforming amendment.--The analysis for such
chapter is amended by inserting after the item relating
to section 404 the following:
``405. Occupant protection incentive grants.''.
(b) Child Passenger Protection Education Grants.--
(1) In general.--The Secretary may make a grant to
a State that submits an application, in such form and
manner as the Secretary may prescribe, that is approved
by the Secretary to carry out the activities specified
in paragraph (2) through--
(A) the child passenger protection program
of the State; and
(B) at the option of the State, a grant
program established by the State to carry out 1
or more of the activities specified in
paragraph (2) by a political subdivision of the
State or an appropriate private entity.
(2) Use of funds.--Funds provided to a State as a
grant under this subsection shall be used to implement
child passenger protection programs that--
(A) are designed to prevent deaths and
injuries to children;
(B) educate the public concerning--
(i) all aspects of the proper
installation of child restraints using
standard seatbelt hardware,
supplemental hardware, and modification
devices (if needed), including special
installation techniques;
(ii) appropriate child restraint
design, selection, and placement; and
(iii) harness threading and harness
adjustment on child restraints; and
(C) train and retrain child passenger
safety professionals, police officers, fire and
emergency medical personnel, and other
educators concerning all aspects of child
restraint use.
(3) Grant awards.--The Secretary may make a grant
under this subsection without regard to whether a State
is eligible to receive, or has received, a grant under
section 405 of title 23, United States Code (as
inserted by subsection (a) of this section).
(4) Federal share.--The Federal share of the cost
of a program carried out using funds made available
from a grant under this subsection may not exceed 80
percent.
(5) Report.--Each State that receives a grant under
this subsection shall transmit to the Secretary a
report for the period covered by the grant that, at a
minimum, describes the program activities carried out
with the funds made available under the grant.
(6) Report to congress.--Not later than June 1,
2002, the Secretary shall transmit to Congress a report
on the implementation of this subsection that includes
a description of the programs carried out and materials
developed and distributed by the States that receive
grants under this subsection.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $7,500,000 for each of fiscal years 2000 and
2001.
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) In General.--Section 410 of title 23, United States
Code, is amended to read as follows:
``Sec. 410. Alcohol-impaired driving countermeasures
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs to reduce traffic safety problems resulting
from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient
States to implement and enforce such programs.
``(2) Maintenance of effort.--No grant may be made
to a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for alcohol traffic safety programs
at or above the average level of such expenditures in
its 2 fiscal years preceding the date of enactment of
the Transportation Equity Act for the 21st Century.
``(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
``(4) Federal share.--The Federal share of the cost
of implementing and enforcing in a fiscal year a
program adopted by a State pursuant to paragraph (1)
shall not exceed--
``(A) in each of the first and second
fiscal years in which the State receives a
grant under this section, 75 percent;
``(B) in each of the third and fourth
fiscal years in which the State receives a
grant under this section, 50 percent; and
``(C) in each of the fifth and sixth fiscal
years in which the State receives a grant under
this section, 25 percent.
``(b) Basic Grant Eligibility.--
``(1) Basic grant a.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary at
least 5 of the following:
``(A) Administrative license revocation.--
An administrative driver's license suspension
or revocation system for individuals who
operate motor vehicles while under the
influence of alcohol that requires that--
``(i) in the case of an individual
who, in any 5-year period beginning
after the date of enactment of the
Transportation Equity Act for the 21st
Century, is determined on the basis of
a chemical test to have been operating
a motor vehicle while under the
influence of alcohol or is determined
to have refused to submit to such a
test as proposed by a law enforcement
officer, the State agency responsible
for administering drivers' licenses,
upon receipt of the report of the law
enforcement officer--
``(I) shall suspend the
driver's license of such
individual for a period of not
less than 90 days if such
individual is a first offender
in such 5-year period; and
``(II) shall suspend the
driver's license of such
individual for a period of not
less than 1 year, or revoke
such license, if such
individual is a repeat offender
in such 5-year period; and
``(ii) the suspension and
revocation referred to under clause (i)
shall take effect not later than 30
days after the day on which the
individual refused to submit to a
chemical test or received notice of
having been determined to be driving
under the influence of alcohol, in
accordance with the procedures of the
State.
``(B) Underage drinking program.--An
effective system, as determined by the
Secretary, for preventing operators of motor
vehicles under age 21 from obtaining alcoholic
beverages and for preventing persons from
making alcoholic beverages available to
individuals under age 21. Such system may
include the issuance of drivers' licenses to
individuals under age 21 that are easily
distinguishable in appearance from drivers'
licenses issued to individuals age 21 or older
and the issuance of drivers' licenses that are
tamper resistant.
``(C) Enforcement program.--Either--
``(i) a statewide program for
stopping motor vehicles on a
nondiscriminatory, lawful basis for the
purpose of determining whether the
operators of such motor vehicles are
driving while under the influence of
alcohol; or
``(ii) a statewide special traffic
enforcement program for impaired
driving that emphasizes publicity for
the program.
``(D) Graduated licensing system.--A 3-
stage graduated licensing system for young
drivers that includes nighttime driving
restrictions during the first 2 stages,
requires all vehicle occupants to be properly
restrained, and makes it unlawful for a person
under age 21 to operate a motor vehicle with a
blood alcohol concentration of .02 percent or
greater.
``(E) Drivers with high bac.--Programs to
target individuals with high blood alcohol
concentrations who operate a motor vehicle.
Such programs may include implementation of a
system of graduated penalties and assessment of
individuals convicted of driving under the
influence of alcohol.
``(F) Young adult drinking programs.--
Programs to reduce driving while under the
influence of alcohol by individuals age 21
through 34. Such programs may include awareness
campaigns; traffic safety partnerships with
employers, colleges, and the hospitality
industry; assessments of first time offenders;
and incorporation of treatment into judicial
sentencing.
``(G) Testing for bac.--An effective system
for increasing the rate of testing of the blood
alcohol concentrations of motor vehicle drivers
involved in fatal accidents and, in fiscal year
2001 and each fiscal year thereafter, a rate of
such testing that is equal to or greater than
the national average.
``(2) Basic grant b.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary each
of the following:
``(A) Fatal impaired driver percentage
reduction.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has
decreased in each of the 3 most recent calendar
years for which statistics for determining such
percentages are available.
``(B) Fatal impaired driver percentage
comparison.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has been
lower than the average percentage for all
States in each of the calendar years referred
to in subparagraph (A).
``(3) Basic grant amount.--The amount of a basic
grant made to a State for a fiscal year under this
subsection shall equal up to 25 percent of the amount
apportioned to the State for fiscal year 1997 under
section 402.
``(c) Supplemental Grants.--
``(1) In general.--Upon receiving an application
from a State, the Secretary may make supplemental
grants to the State for meeting 1 or more of the
following criteria:
``(A) Video equipment for detection of
drunk drivers.--The State provides for a
program to acquire video equipment to be used
in detecting persons who operate motor vehicles
while under the influence of alcohol and in
prosecuting those persons, and to train
personnel in the use of that equipment.
``(B) Self-sustaining drunk driving
prevention program.--The State provides for a
self-sustaining drunk driving prevention
program under which a significant portion of
the fines or surcharges collected from
individuals apprehended and fined for operating
amotor vehicle while under the influence of
alcohol are returned to those communities which have comprehensive
programs for the prevention of such operations of motor vehicles.
``(C) Reducing driving with a suspended
license.--The State enacts and enforces a law
to reduce driving with a suspended license.
Such law, as determined by the Secretary, may
require a `zebra' stripe that is clearly
visible on the license plate of any motor
vehicle owned and operated by a driver with a
suspended license.
``(D) Use of passive alcohol sensors.--The
State provides for a program to acquire passive
alcohol sensors to be used by police officers
in detecting persons who operate motor vehicles
while under the influence of alcohol, and to
train police officers in the use of that
equipment.
``(E) Effective dwi tracking system.--The
State demonstrates an effective driving while
intoxicated (DWI) tracking system. Such a
system, as determined by the Secretary, may
include data covering arrests, case
prosecutions, court dispositions and sanctions,
and provide for the linkage of such data and
traffic records systems to appropriate
jurisdictions and offices within the State.
``(F) Other programs.--The State provides
for other innovative programs to reduce traffic
safety problems resulting from individuals
driving while under the influence of alcohol or
controlled substances, including programs that
seek to achieve such a reduction through legal,
judicial, enforcement, educational,
technological, or other approaches.
``(2) Eligibility.--A State shall be eligible to
receive a grant under this subsection in a fiscal year
only if the State is eligible to receive a grant under
subsection (b) in such fiscal year.
``(3) Funding.--Of the amounts made available to
carry out this section in a fiscal year, not to exceed
10 percent shall be available for making grants under
this subsection.
``(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(e) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Alcoholic beverage.--The term `alcoholic
beverage' has the meaning given such term in section
158(c).
``(2) Controlled substances.--The term `controlled
substances' has the meaning given such term in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
``(3) Motor vehicle.--The term `motor vehicle' has
the meaning given such term in section 405.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1998.
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) In General.--Chapter 4 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 411. State highway safety data improvements
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs--
``(A) to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of
the data of the State that is needed to
identify priorities for national, State, and
local highway and traffic safety programs;
``(B) to evaluate the effectiveness of
efforts to make such improvements;
``(C) to link these State data systems,
including traffic records, with other data
systems within the State, such as systems that
contain medical and economic data; and
``(D) to improve the compatibility of the
data system of the State with national data
systems and data systems of other States and to
enhance the ability of the Secretary to observe
and analyze national trends in crash
occurrences, rates, outcomes, and
circumstances.
Such grants may be used by recipient States only to
implement such programs.
``(2) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements necessary to
observe and analyze national trends in crash
occurrences, rates, outcomes, and circumstances. In
order to become eligible for a grant under this
section, a State shall demonstrate how the multiyear
highway safety data and traffic records plan of the
State described in subsection (b)(1) will be
incorporated into data systems of the State.
``(3) Maintenance of effort.--No grant may be made
to a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at
or above the average level of such expenditures in its
2 fiscal years preceding the date of enactment of the
Transportation Equity Act for the 21st Century.
``(4) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
``(5) Federal share.--The Federal share of the cost
of implementing and enforcing, as appropriate, in a
fiscal year a program adopted by a State pursuant to
paragraph (1) shall not exceed--
``(A) in the first and second fiscal years
in which the State receives a grant under this
section, 75 percent;
``(B) in the third and fourth fiscal years
in which the State receives a grant under this
section, 50 percent; and
``(C) in the fifth and sixth fiscal years
in which the State receives a grant under this
section, 25 percent.
``(b) First-Year Grants.--
``(1) Eligibility.--A State shall become eligible
for a first-year grant under this subsection in a
fiscal year if the State either--
``(A) demonstrates, to the satisfaction of
the Secretary, that the State has--
``(i) established a highway safety
data and traffic records coordinating
committee with a multidisciplinary
membership, including the
administrators, collectors, and users
of such data (including the public
health, injury control, and motor
carrier communities);
``(ii) completed, within the
preceding 5 years, a highway safety
data and traffic records assessment or
an audit of the highway safety data and
traffic records system of the State;
and
``(iii) initiated the development
of a multiyear highway safety data and
traffic records strategic plan that--
``(I) identifies and
prioritizes the highway safety
data and traffic records needs
and goals of the State;
``(II) identifies
performance-based measures by
which progress toward those
goals will be determined; and
``(III) will be submitted
to the highway safety data and
traffic records coordinating
committee of the State for
approval; or
``(B) provides, to the satisfaction of the
Secretary--
``(i) a certification that the
State has met the requirements of
clauses (i) and (ii) of subparagraph
(A);
``(ii) a multiyear highway safety
data and traffic records strategic plan
that--
``(I) meets the
requirements of subparagraph
(A)(iii); and
``(II) specifies how the
incentive funds of the State
for the fiscal year will be
used to address needs and goals
identified in the plan; and
``(iii) a certification that the
highway safety data and traffic records
coordinating committee of the State
continues to operate and supports the
multiyear plan described in clause
(ii).
``(2) Grant amounts.--The amount of a first-year
grant made to a State for a fiscal year under this
subsection shall equal--
``(A) if the State is eligible for the
grant under paragraph (1)(A), $125,000; and
``(B) if the State is eligible for the
grant under paragraph (1)(B), an amount
determined by multiplying--
``(i) the amount appropriated to
carry out this section for such fiscal
year; by
``(ii) the ratio that the funds
apportioned to the State under section
402 for fiscal year 1997 bears to the
funds apportioned to all States under
section 402 for fiscal year 1997;
except that no State eligible for a grant under
paragraph (1)(B) shall receive less than
$250,000.
``(3) States not meeting criteria.--The Secretary
may award a grant of up to $25,000 for 1 year to any
State that does not meet the criteria established in
paragraph (1). The grant may only be used to conduct
activities needed to enable the State to qualify for a
first-year grant in the next fiscal year.
``(c) Succeeding Year Grants.--
``(1) Eligibility.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the
satisfaction of the Secretary--
``(A) submits or updates a multiyear
highway safety data and traffic records
strategic plan that meets the requirements of
subsection (b)(1);
``(B) certifies that the highway safety
data and traffic records coordinating committee
of the State continues to operate and supports
the multiyear plan; and
``(C) reports annually on the progress of
the State in implementing the multiyear plan.
``(2) Grant amounts.--The amount of a succeeding
year grant made to the State for a fiscal year under
this paragraph shall equal the amount determined by
multiplying--
``(A) the amount appropriated to carry out
this section for such fiscal year; by
``(B) the ratio that the funds apportioned
to the State under section 402 for fiscal year
1997 bears to the funds apportioned to all
States under section 402 for fiscal year 1997;
except that no State eligible for a grant under this
paragraph shall receive less than $225,000.
``(c) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(d) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``411. State highway safety data improvements.''.
SEC. 2006. NATIONAL DRIVER REGISTER.
(a) Transfer of Selected Functions to Non-Federal
Management.--Section 30302 of title 49, United States Code, is
amended by adding at the end the following:
``(e) Transfer of Selected Functions to Non-Federal
Management.--
``(1) Agreement.--The Secretary may enter into an
agreement with an organization that represents the
interests of the States to manage, administer, and
operate the National Driver Register's computer
timeshare and user assistance functions. If the
Secretary decides to enter into such an agreement, the
Secretary shall ensure that the management of these
functions is compatible with this chapter and the
regulations issued to implement this chapter.
``(2) Required demonstration.--Any transfer of the
National Driver Register's computer timeshare and user
assistance functions to an organization that represents
the interests of the States shall begin only after a
determination is made by the Secretary that all States
are participating in the National Driver Register's
`Problem Driver Pointer System' (the system used by the
Register to effect the exchange of motor vehicle
driving records) and that the system is functioning
properly.
``(3) Transition period.--Any agreement entered
into under this subsection shall include a provision
for a transition period sufficient to allow the States
to make the budgetary and legislative changes the
States may need to pay fees charged by the organization
representing their interests for their use of the
National Driver Register's computer timeshare and user
assistance functions. During this transition period,
the Secretary shall continue to fund these transferred
functions.
``(4) Fees.--The total of the fees charged by the
organization representing the interests of the States
in any fiscal year for the use of the National Driver
Register's computer timeshare and user assistance
functions shall not exceed the total cost to the
organization of performing these functions in such
fiscal year.
``(5) Limitation on statutory construction.--
Nothing in this subsection may be construed to
diminish, limit, or otherwise affect the authority of
the Secretary to carry out this chapter.''.
(b) Access to Register Information.--
(1) Conforming amendments.--Section 30305(b) of
title 49, United States Code, is amended--
(A) in paragraph (2) by inserting before
the period at the end the following: ``, unless
the information is about a revocation or
suspension still in effect on the date of the
request'';
(B) in paragraph (8), as redesignated by
section 207(b) of the Coast Guard Authorization
Act of 1996 (Public Law 104-324, 110 Stat.
3908)--
(i) by striking ``paragraph (2)''
and inserting ``subsection (a) of this
section''; and
(ii) by moving the text of such
paragraph 2 ems to the left; and
(C) by redesignating paragraph (8), as
redesignated by section 502(b)(1) of the
Federal Aviation Reauthorization Act of 1996
(Public Law 104-264, 110 Stat. 3262), as
paragraph (9).
(2) Federal agency access provision.--Section
30305(b) of title 49, United States Code, is further
amended--
(A) by redesignating paragraph (6) as
paragraph (10) and inserting such paragraph
after paragraph (9);
(B) by inserting after paragraph (5) the
following:
``(6) The head of a Federal department or agency that
issues motor vehicle operator's licenses may request the chief
driver licensing official of a State to obtain information
under subsection (a) of this section about an individual
applicant for a motor vehicle operator's license from such
department or agency. The department or agency may receive the
information, provided it transmits to the Secretary a report
regarding any individual who is denied a motor vehicle
operator's license by that department or agency for cause;
whose motor vehicle operator's license is revoked, suspended,
or canceled by that department or agency for cause; or about
whom the department or agency has been notified of a conviction
of any of the motor vehicle-related offenses or comparable
offenses listed in section 30304(a)(3) and over whom the
department or agency has licensing authority. The report shall
contain the information specified in section 30304(b).''; and
(C) by adding at the end the following:
``(11) The head of a Federal department or agency
authorized to receive information regarding an individual from
the Register under this section may request and receive such
information from the Secretary.''.
(c) Evaluation and Assessment of Alternatives.--
(1) Evaluation.--The Secretary shall evaluate the
implementation of chapter 303 of title 49, United
States Code, and the programs under sections 31106 and
31309 of such title and identify alternatives to
improve the ability of the States to exchange
information about unsafe drivers and to identify
drivers with multiple licenses.
(2) Technology assessment.--The Secretary, in
conjunction with the American Association of Motor
Vehicle Administrators, shall conduct an assessment of
available electronic technologies to improve access to
and exchange of motor vehicle driving records. The
assessment may consider alternative unique motor
vehicle driver identifiers that would facilitate
accurate matching of drivers and their records.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall transmit to Congress a report on the results of
the evaluation and technology assessment,together with
any recommendations for appropriate administrative and legislative
actions.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out paragraph
(2) $250,000 in the aggregate for fiscal years
beginning after September 30, 1998.
SEC. 2007. SAFETY STUDIES.
(a) Blowout Resistant Tires Study.--The Secretary shall
conduct a study on the benefit to public safety of the use of
blowout resistant tires on commercial motor vehicles and the
potential to decrease the incidence of accidents and fatalities
from accidents occurring as a result of blown out tires.
(b) School Bus Occupant Safety Study.--The Secretary shall
conduct a study to assess occupant safety in school buses. The
study shall examine available information about occupant safety
and analyze options for improving occupant safety.
(c) Reports.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of each study conducted under this
section.
(d) Limitation on Funding.--The Secretary may not expend
more than $200,000, from funds made available by section 403 of
title 23, United States Code, for conducting each study under
this section.
SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD ALCOHOL
CONCENTRATIONS.
(a) Study.--The Comptroller General shall conduct a study
to evaluate the effectiveness of State laws that--
(1) deem any individual with a blood alcohol
concentration of 0.08 percent or greater while
operating a motor vehicle to be driving while
intoxicated; and
(2) deem any individual under the age of 21 with a
blood alcohol concentration of 0.02 percent or greater
while operating a motor vehicle to be driving while
intoxicated;
in reducing the number and severity of alcohol-involved
crashes.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the results of the study conducted under this section.
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Highway safety programs.--For carrying out
section 402 of title 23, United States Code,
$149,700,000 for fiscal year 1998, $150,000,000 for
fiscal year 1999, $152,800,000 for fiscal year 2000,
$155,000,000 for fiscal year 2001, $160,000,000 for
fiscal year 2002, and $165,000,000 for fiscal year
2003.
(2) Highway safety research and development.--For
carrying out section 403 of title 23, United States
Code, $72,000,000 for each of fiscal years 1998 through
2003.
(3) Occupant protection incentive grants.--For
carrying out section 405 of title 23, United States
Code, $10,000,000 for each of fiscal years 1999 and
2000, $13,000,000 for fiscal year 2001, $15,000,000 for
fiscal year 2002, and $20,000,000 for fiscal year 2003.
(4) Alcohol-impaired driving countermeasures
incentive grant program.--For carrying out section 410
of title 23, United States Code, $34,500,000 for fiscal
year 1998, $35,000,000 for fiscal year 1999,
$36,000,000 for each of fiscal years 2000 and 2001,
$38,000,000 for fiscal year 2002, and $40,000,000 for
fiscal year 2003.
(5) State highway safety data grants.--For carrying
out section 411 of title 23, United States Code,
$5,000,000 for fiscal year 1999, $8,000,000 for fiscal
year 2000, $9,000,000 for fiscal year 2001, and
$10,000,000 for fiscal year 2002.
(6) National driver register.--For carrying out
chapter 303 of title 49, United States Code, by the
National Highway Traffic Safety Administration,
$2,000,000 for each of fiscal years 1998 through 2003.
(b) Allocations.--
(1) Drugs and driver behavior.--Out of amounts
appropriated pursuant to subsection (a)(2) for fiscal
years 1998 through 2003, the Secretary may use--
(A) not to exceed $2,000,000 per fiscal
year to carry out paragraphs (1) through (3) of
section 403(b) of title 23, United States Code;
and
(B) not to exceed $1,000,000 per fiscal
year to carry out paragraph (4) of such
section.
(2) Public education effort.--Out of amounts
appropriated pursuant to subsection (a)(2) for fiscal
years 1998 through 2003, the Secretary shall obligate
at least $500,000 per fiscal year to educate the
motoring public on how to share the road safely with
commercial motor vehicles.
(c) Applicability of Title 23.--Amounts made available
under subsection (a)(2) for each of fiscal years 1999 through
2003 shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
(d) Transfers.--In each fiscal year, the Secretary may
transfer any amounts remaining available under paragraph (3),
(4), or (5) of subsection (a) to the amounts made available
under any other of such paragraphs in order to ensure, to the
maximum extent possible, that each State receives the maximum
incentive funding for which the State is eligible under
sections 405, 410, and 411 of title 23, United States Code.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Transit Act of
1998''.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
SEC. 3003. DEFINITIONS.
Section 5302 is amended to read as follows:
``Sec. 5302. Definitions
``(a) In General.--In this chapter, the following
definitions apply:
``(1) Capital project.--The term `capital project'
means a project for--
``(A) acquiring, constructing, supervising,
or inspecting equipment or a facility for use
in mass transportation, expenses incidental to
the acquisition or construction (including
designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments
for the capital portions of rail trackage
rights agreements, transit-related intelligent
transportation systems, relocation assistance,
acquiring replacement housing sites, and
acquiring, constructing, relocating, and
rehabilitating replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for
use in mass transportation, subject to
regulations that the Secretary prescribes
limiting the leasing arrangements to those that
are more cost-effective than purchase or
construction;
``(G) a mass transportation improvement
that enhances economic development or
incorporates private investment, including
commercial and residential development,
pedestrian and bicycle access to a mass
transportation facility, and the renovation and
improvement of historic transportation
facilities, because the improvement enhances
the effectiveness of a mass transportation
project and is related physicallyor
functionally to that mass transportation project, or establishes new or
enhanced coordination between mass transportation and other
transportation, and provides a fair share of revenue for mass
transportation that will be used for mass transportation--
``(i) including property
acquisition, demolition of existing
structures, site preparation,
utilities, building foundations,
walkways, open space, safety and
security equipment and facilities
(including lighting, surveillance and
related intelligent transportation
system applications), facilities that
incorporate community services such as
daycare and health care, and a capital
project for, and improving, equipment
or a facility for an intermodal
transfer facility or transportation
mall, except that a person making an
agreement to occupy space in a facility
under this subparagraph shall pay a
reasonable share of the costs of the
facility through rental payments and
other means; and
``(ii) excluding construction of a
commercial revenue-producing facility
or a part of a public facility not
related to mass transportation;
``(H) the introduction of new technology,
through innovative and improved products, into
mass transportation; or
``(I) the provision of nonfixed route
paratransit transportation services in
accordance with section 223 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are
in compliance with applicable requirements of
that Act, including both fixed route and demand
responsive service, and only for amounts not to
exceed 10 percent of such recipient's annual
formula apportionment under sections 5307 and
5311.
``(2) Chief executive officer of a state.--The term
`chief executive officer of a State' includes the
designee of the chief executive officer.
``(3) Emergency regulation.--The term `emergency
regulation' means a regulation--
``(A) that is effective temporarily before
the expiration of the otherwise specified
periods of time for public notice and comment
under section 5334(b); and
``(B) prescribed by the Secretary as the
result of a finding that a delay in the
effective date of the regulation--
``(i) would injure seriously an
important public interest;
``(ii) would frustrate
substantially legislative policy and
intent; or
``(iii) would damage seriously a
person or class without serving an
important public interest.
``(4) Fixed guideway.--The term `fixed guideway'
means a mass transportation facility--
``(A) using and occupying a separate right-
of-way or rail for the exclusive use of mass
transportation and other high occupancy
vehicles; or
``(B) using a fixed catenary system and a
right-of-way usable by other forms of
transportation.
``(5) Handicapped individual.--The term
`handicapped individual' means an individual who,
because of illness, injury, age, congenital
malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability),
cannot use effectively, without special facilities,
planning, or design, mass transportation service or a
mass transportation facility.
``(6) Local governmental authority.--The term
`local governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or
political subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or
commission established under the laws of a
State.
``(7) Mass transportation.--The term `mass
transportation' means transportation by a conveyance
that provides regular and continuing general or special
transportation to the public, but does not include
school bus, charter, or sightseeing transportation.
``(8) Net project cost.--The term `net project
cost' means the part of a project that reasonably
cannot be financed from revenues.
``(9) New bus model.--The term `new bus model'
means a bus model (including a model using alternative
fuel)--
``(A) that has not been used in mass
transportation in the United States before the
date of production of the model; or
``(B) used in mass transportation in the
United States, but being produced with a major
change in configuration or components.
``(10) Public transportation.--The term `public
transportation' means mass transportation.
``(11) Regulation.--The term `regulation' means any
part of a statement of general or particular
applicability of the Secretary designed to carry out,
interpret, or prescribe law or policy in carrying out
this chapter.
``(12) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(13) State.--The term `State' means a State of
the United States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
``(14) Transit.--The term `transit' means mass
transportation.
``(15) Transit enhancement.--The term `transit
enhancement' means, with respect to any project or an
area to be served by a project, projects that are
designed to enhance mass transportationservice or use
and that are physically or functionally related to transit facilities.
Eligible projects are--
``(A) historic preservation,
rehabilitation, and operation of historic mass
transportation buildings, structures, and
facilities (including historic bus and railroad
facilities);
``(B) bus shelters;
``(C) landscaping and other scenic
beautification, including tables, benches,
trash receptacles, and street lights;
``(D) public art;
``(E) pedestrian access and walkways;
``(F) bicycle access, including bicycle
storage facilities and installing equipment for
transporting bicycles on mass transportation
vehicles;
``(G) transit connections to parks within
the recipient's transit service area;
``(H) signage; and
``(I) enhanced access for persons with
disabilities to mass transportation.
``(16) Urban area.--The term `urban area' means an
area that includes a municipality or other built-up
place that the Secretary, after considering local
patterns and trends of urban growth, decides is
appropriate for a local mass transportation system to
serve individuals in the locality.
``(17) Urbanized area.--The term `urbanized area'
means an area--
``(A) encompassing at least an urbanized
area within a State that the Secretary of
Commerce designates; and
``(B) designated as an urbanized area
within boundaries fixed by State and local
officials and approved by the Secretary.
``(b) Authority To Modify `Handicapped Individual'.--The
Secretary may by regulation modify the definition of the term
`handicapped individual' in subsection (a)(5) as it applies to
section 5307(d)(1)(D).''.
SEC. 3004. METROPOLITAN PLANNING.
(a) General Requirements; Scope of Planning Process.--
Section 5303 is amended by striking subsections (a) and (b) and
inserting the following:
``(a) General Requirements.--
``(1) Development of plans and programs.--To carry
out section 5301(a), metropolitan planning
organizations designated under subsection (c), in
cooperation with the States and mass transportation
operators, shall develop transportation plans and
programs for urbanized areas of the State.
``(2) Contents.--The plans and programs developed
under paragraph (1) for each metropolitan area shall
provide for the development and integrated management
and operation of transportation systems and facilities
(including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the metropolitan
area and as an integral part of an intermodal
transportation system for the State and the United
States.
``(3) Process.--The process for developing the
plans and programs shall provide for consideration of
all modes of transportation and shall be continuing,
cooperative, and comprehensive to the degree
appropriate, based on the complexity of the
transportation problems to be addressed.
``(b) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
``(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
``(C) increase the accessibility and
mobility options available to people and for
freight;
``(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
``(E) enhance the integration and
connectivity of the transportation system,
across and between modes, for people and
freight;
``(F) promote efficient system management
and operation; and
``(G) emphasize the preservation of the
existing transportation system.
``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning
process.''.
(b) Designating Metropolitan Planning Organizations.--
Section 5303(c) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``representing'' and
inserting ``that together represent''; and
(B) by striking ``as defined by the
Secretary of Commerce)'' and inserting ``or
cities, as defined by the Bureau of the
Census)'';
(2) in paragraph (2)--
(A) by striking ``In a metropolitan area''
and all that follows through ``shall include''
and inserting ``Each policy board of a
metropolitan planning organization that serves
an area designated as a transportation
management area when designated or redesignated
under this subsection shall consist of''; and
(B) by striking ``officials of
authorities'' and inserting ``officials of
public agencies'';
(3) in paragraph (3) by striking ``in an urbanized
area'' and all that follows through ``of the urbanized
area'' and inserting ``within an existing metropolitan
planning area only if the chief executive officer of
the State and the existing metropolitan organization
determine that the size and complexity of the existing
metropolitan planning area''; and
(4) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``representing''
and inserting ``that together
represent''; and
(ii) by striking ``as defined by
the Secretary of Commerce)'' and
inserting ``or cities, as defined by
the Bureau of the Census)'';
(B) in subparagraph (B) by striking ``as
defined by the Secretary of Commerce)'' and
inserting ``or cities, as defined by the Bureau
of the Census)''; and
(C) by adding at the end the following:
``(D) Designations of metropolitan planning organizations,
whether made under this section or under any other provision of
law, shall remain in effect until redesignation under this
paragraph.''.
(c) Metropolitan Area Boundaries.--Section 5303(d) is
amended--
(1) in the subsection heading by inserting
``Planning'' before ``Area'';
(2) in the first sentence--
(A) by striking ``To carry out'' and
inserting the following:
``(1) In general.--To carry out''; and
(B) by inserting ``planning'' before
``area'';
(3) by striking the second sentence and all that
follows and inserting the following:
``(2) Included area.--Each metropolitan planning
area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the chief executive officer of the State and any
affected metropolitan planning organizations, in the
manner described in subsection (c)(5).
``(4) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, the boundaries of the
metropolitan planning area--
``(A) shall be established in the manner
described in subsection (c)(1);
``(B) shall encompass the areas described
in paragraph (2)(A);
``(C) may encompass the areas described in
paragraph (2)(B); and
``(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by
paragraph (2)(A) of this subsection) with paragraphs
(2) through (4) (as inserted by paragraph (3) of this
subsection).
(d) Coordination.--Section 5303(e) is amended--
(1) in paragraph (2)--
(A) by inserting ``or compact'' after
``agreement'' the first place it appears''; and
(B) by striking ``making the agreement
effective'' and inserting ``making the
agreements and compacts effective''; and
(2) by adding at the end the following:
``(4) The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the design and delivery of transportation services
within the metropolitan planning area that are provided--
``(A) by recipients of assistance under this
chapter; and
``(B) by governmental agencies and non-profit
organizations (including representatives of the
agencies and organizations) that receive Governmental
assistance from a source other than the Department of
Transportation to provide non-emergency transportation
services.''.
(e) Developing Long-Range Transportation Plans.--Section
5303(f) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking
``United States and regional transportation
functions'' and inserting ``national, regional,
and metropolitan transportation functions'';
(B) in subparagraph (B) by striking clause
(iii) and inserting the following:
``(iii) recommends any additional financing
strategies for needed projects and programs;'';
and
(C) by striking subparagraph (C) and
inserting the following:
``(C) identify transportation strategies
necessary--
``(i) to ensure preservation, including
requirements for management, operation,
modernization, and rehabilitation, of the
existing and future transportation system; and
``(ii) to use existing transportation
facilities most efficiently to relieve
congestion, to efficiently serve the mobility
needs of people and goods, and to enhance
access within the metropolitan planning area;
and'';
(2) in paragraph (2) by striking ``as they are
related to a 20-year forecast period'' and inserting
``and any State or local goals developed within the
cooperative metropolitan planning process as they
relate to a 20-year forecast period and to other
forecast periods as determined by the participants in
the planning process'';
(3) in paragraph (4)--
(A) by inserting after ``employees,'' the
following: ``freight shippers, providers of
freight transportation services,''; and
(B) by inserting after ``private providers
of transportation,'' the following:
``representatives of users of public
transit,'';
(4) in paragraph (5)(A) by inserting ``published or
otherwise'' before ``made readily available'';
(5) in the subsection heading by striking ``Long-
Range Plans'' and inserting ``Long-Range Transportation
Plans''; and
(6) by striking ``long-range plans'' each place it
appears and inserting ``long-range transportation
plans''.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.
(a) Development and Update.--The second sentence of section
5304(a) is amended--
(1) by striking ``the organization'' and inserting
``the metropolitan planning organization, in
cooperation with the chief executive officer of the
State and any affected mass transportation operator,'';
(2) by inserting after ``employees,'' the
following: ``other affected employee representatives,
freight shippers, providers of freight transportation
services,''; and
(3) by inserting after ``private providers of
transportation,'' the following: ``representatives of
users of public transit,''.
(b) Contents.--Section 5304(b)(2) is amended by striking
subparagraph (C) and inserting the following:
``(C) identifies innovative financing
techniques to finance projects, programs, and
strategies, which may include, for illustrative
purposes, additional projects that would be
included in the approved transportation
improvement program if reasonable additional
resources beyond those identified in the
financial plan were available.''.
(c) Project Selection.--Section 5304(c) is amended--
(1) by striking paragraph (1) and inserting the
following: ``(1) Except as otherwise provided in
section 5305(d)(1) and in addition to the
transportation improvement program development required
under subsection (b), the selection of federally funded
projects for implementation in metropolitan areas shall
be carried out, from the approved transportation
improvement program--
``(A) by--
``(i) in the case of projects under title
23, the State; and
``(ii) in the case of projects under this
chapter, the designated transit funding
recipients; and
``(B) in cooperation with the metropolitan planning
organization.''; and
(2) by adding at the end the following:
``(3) Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement program in
place of another project in the program.
``(4) Selection of projects from illustrative list.--
Notwithstanding subsection (b)(2)(C), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under subsection (b)(2)(C).
``(5) Publication.--(A) A transportation improvement
program involving Government participation shall be published
or otherwise made readily available by the metropolitan
planning organization for public review.
``(B) An annual listing of projects for which Government
funds have been obligated in the preceding year shall be
published or otherwise made available by the metropolitan
planning organization for public review. The listing shall be
consistent with the categories identified in the transportation
improvement program.
``(6) Regionally significant projects proposed for funding
under chapter 2 of title 23 shall be identified individually in
the transportation improvement program. All other projects
funded under chapter 2 of title 23 shall be grouped in 1 line
item or identified individually in the transportation
improvement program.''.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.
(a) Designation.--Section 5305(a) is amended by striking
paragraph (2) and inserting the following:
``(2) any other area, if requested by the chief
executive officer and the metropolitan planning
organization designated for the area.''.
(b) Transportation Plans and Programs.--Section 5305(b) is
amended by inserting ``affected'' before ``mass transportation
operators''.
(c) Congestion Management System.--Section 5305(c) is
amended by striking ``The Secretary'' and all that follows
through the final period.
(d) Project Selection.--Section 5305(d)(1)(A) is amended by
inserting ``and any affected mass transportation operator''
after ``the State''.
(e) Certification.--Section 5305(e) is amended--
(1) by striking paragraph (2) and inserting the
following:
``(2)(A) If a metropolitan planning process is not
certified, the Secretary may withhold not more than 20 percent
of the apportioned funds attributable to the transportation
management area under this chapter and title 23.
``(B) Any apportionments withheld under subparagraph (A)
shall be restored to the metropolitan area at such time as the
metropolitan planning organization is certified by the
Secretary.''; and
(2) by adding at the end the following:
``(4) In making certification determinations under this
subsection, the Secretary shall provide for public involvement
appropriate to the metropolitan area under review.''.
(f) Continuation of Current Review Practice.--Section 5305
is amended by adding at the end the following:
``(h) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 3007. URBANIZED AREA FORMULA GRANTS.
(a) Section Heading.--
(1) Amendment to section 5307.--Section 5307 is
amended by striking the section heading and inserting
the following:
``Sec. 5307. Urbanized area formula grants''.
(2) Conforming amendment.--The item relating to
section 5307 in the table of sections for chapter 53 is
amended to read as follows:
``5307. Urbanized area formula grants.''.
(b) Definitions.--Section 5307(a) is amended--
(1) by striking ``In this section--'' and inserting
``In this section, the following definitions apply:'';
(2) by inserting ``Associated capital maintenance
items.--The term'' after ``(1)''; and
(3) by inserting ``Designated recipient.--The
term'' after ``(2)''.
(c) General Authority.--Section 5307(b) is amended--
(1) in paragraph (1)--
(A) by striking ``, improvement, and
operating costs'' and inserting ``and
improvement costs''; and
(B) by adding at the end the following:
``The Secretary may also make grants under this
section to finance the operating cost of
equipment and facilities for use in mass
transportation in an urbanized area with a
population of less than 200,000.'';
(2) in paragraph (2)(A)--
(A) by inserting ``, in writing,'' after
``approved''; and
(B) by striking ``and'' at the end;
(3) in paragraph (2)(B) by striking the period at
the end and inserting ``; and'';
(4) in paragraph (2) by adding at the end the
following:
``(C) the metropolitan planning
organization in approving the use under
subparagraph (A) determines that the local
transit needs are being addressed.'';
(5) by striking paragraphs (3) and (5); and
(6) by redesignating paragraph (4) as paragraph
(3).
(d) Advance Construction.--Section 5307(g)(3) is amended by
striking ``the amount by which'' and all that follows through
the period at the end and inserting ``the most favorable
financing terms reasonably available for the project at the
time of borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing
terms.''.
(e) Coordination of Reviews.--Section 5307(i)(2) is amended
by adding at the end the following: ``To the extent
practicable, the Secretary shall coordinate such reviews with
any related State or local reviews.''.
(f) Transit Enhancement Activities.--Section 5307(k) is
amended to read as follows:
``(k) Transit Enhancement Activities.--
``(1) In general.--One percent of the funds
apportioned to urbanized areas with a population of at
least 200,000 under section 5336 for a fiscal year
shall be made available for transit enhancement
activities in accordance with section 5302(a)(15).
``(2) Period of availability.--Funds apportioned
under paragraph (1) shall be available for obligation
for 3 years following the fiscal year in which the
funds are apportioned. Funds that are not obligated at
the end of such period shall be reapportioned under the
urbanized area formula program of section 5336.
``(3) Report.--A recipient of funds apportioned
under paragraph (1) shall submit, as part of the
recipient's annual certification to the Secretary, a
report listing the projects carried out during the
fiscal year with those funds.''.
(g) Conforming Amendments.--Section 5307(n)(2) is amended
by inserting ``5319,'' after ``5318,''.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.
(a) In General.--Section 5308 is amended to read as
follows:
``Sec. 5308. Clean fuels formula grant program
``(a) Definitions.--In this section--
``(1) the term `clean fuel vehicle' means a vehicle
that--
``(A) is powered by--
``(i) compressed natural gas;
``(ii) liquefied natural gas;
``(iii) biodiesel fuels;
``(iv) batteries;
``(v) alcohol-based fuels;
``(vi) hybrid electric;
``(vii) fuel cell;
``(viii) clean diesel, to the
extent allowed under this section; or
``(ix) other low or zero emissions
technology; and
``(B) the Administrator of the
Environmental Protection Agency has certified
sufficiently reduces harmful emissions;
``(2) the term `designated recipient' has the same
meaning as in section 5307(a)(2); and
``(3) the term `eligible project'--
``(A) means a project for--
``(i) purchasing or leasing clean
fuel buses, including buses that employ
a lightweight composite primary
structure;
``(ii) constructing or leasing
clean fuel buses or electrical
recharging facilities and related
equipment;
``(iii) improving existing mass
transportation facilities to
accommodate clean fuel buses;
``(iv) repowering pre-1993 engines
with clean fuel technology that meets
the current urban bus emission
standards; or
``(v) retrofitting or rebuilding
pre-1993 engines if before half life to
rebuild; and
``(B) in the discretion of the Secretary,
may include projects relating to clean fuel,
biodiesel, hybrid electric, or zero emissions
technology vehicles that exhibit equivalent or
superior emissions reductions to existing clean
fuel or hybrid electric technologies.
``(b) Authority.--The Secretary shall make grants in
accordance with this section to designated recipients to
finance eligible projects.
``(c) Application.--
``(1) In general.--Not later than January 1 of each
year, any designated recipient seeking to apply for a
grant under this section for an eligible project shall
submit an application to the Secretary, in such form
and in accordance with such requirements as the
Secretary shall establish by regulation.
``(2) Certification required.--An application
submitted under paragraph (1) shall contain a
certification by the applicant that the grantee will
operate vehicles purchased with a grant under this
section only with clean fuels.
``(d) Apportionment of Funds.--
``(1) Formula.--Not later than February 1 of each
year, the Secretary shall apportion amounts made
available to carry out this section to designated
recipients submitting applications under subsection
(c), of which--
``(A) two-thirds shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of at least
1,000,000, of which--
``(i) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
``(I) the number of
vehicles in the bus fleet of
the eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
``(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
``(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
``(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
``(II) the total number of
bus passenger miles of all
eligible projects in areas with
a population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
``(B) one-third shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of less than
1,000,000, of which--
``(i) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
``(I) the number of
vehicles in the bus fleet of
the eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
``(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
``(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
``(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
``(II) the total number of
bus passenger miles of all
eligible projects in areas with
a population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2).
``(2) Weighting of severity of nonattainment.--
``(A) In general.--For purposes of
paragraph (1), subject to subparagraph (B) of
this paragraph, the number of clean fuel
vehicles in the fleet, or the number of
passenger miles, shall be multiplied by a
factor of--
``(i) 1.0 if, at the time of the
apportionment, the area is a
maintenance area (as that term is
defined in section 101 of title 23) for
ozone or carbon monoxide;
``(ii) 1.1 if, at the time of the
apportionment, the area is classified
as--
``(I) a marginal ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
``(II) a marginal carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(iii) 1.2 if, at the time of the
apportionment, the area is classified
as--
``(I) a moderate ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
``(II) a moderate carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(iv) 1.3 if, at the time of the
apportionment, the area is classified
as--
``(I) a serious ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
``(II) a serious carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(v) 1.4 if, at the time of the
apportionment, the area is classified
as--
``(I) a severe ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
``(II) a severe carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.); or
``(vi) 1.5 if, at the time of the
apportionment, the area is classified
as--
``(I) an extreme ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
``(II) an extreme carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.).
``(B) Additional adjustment for carbon
monoxide areas.--If, in addition to being
classified as a nonattainment or maintenance
area (as that term is defined in section 101 of
title 23) for ozone under subpart 2 of part D
of title I of the Clean Air Act (42 U.S.C. 7511
et seq.), the area was also classified under
subpart 3 of part D of title I of that Act (42
U.S.C. 7512 et seq.) as a nonattainment area
for carbon monoxide, the weighted nonattainment
or maintenance area fleet and passenger miles
for the eligible project, as calculated under
subparagraph (A), shall be further multiplied
by a factor of 1.2.
``(3) Maximum grant amount.--
``(A) In general.--The amount of a grant
made to a designated recipient under this
section shall not exceed the lesser of--
``(i) for an eligible project in an
area--
``(I) with a population of
less than 1,000,000,
$15,000,000; and
``(II) with a population of
at least 1,000,000,
$25,000,000; or
``(ii) 80 percent of the total cost
of the eligible project.
``(B) Reapportionment.--Any amounts that
would otherwise be apportioned to a designated
recipient under this subsection that exceed the
amount described in subparagraph (A) shall be
reapportioned among other designated recipients
in accordance with paragraph (1).
``(e) Additional Requirements.--
``(1) Limitation on uses.--Not less than 5 percent
of the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this
section shall be available for any eligible projects
for which an application is received from a designated
recipient, for--
``(A) the purchase or construction of
hybrid electric or battery-powered buses; or
``(B) facilities specifically designed to
service those buses.
``(2) Clean diesel buses.--Not more than
$50,000,000 of the amount made available by or
appropriated under section 5338 in each fiscal year to
carry out this section may be made available to fund
clean diesel buses.
``(3) Bus retrofitting and replacement.--Not more
than 5 percent of the amount made available by or
appropriated under section 5338 in each fiscal year to
carry out this section may be made available to fund
retrofitting or replacement of the engines of buses
that do not meet the clean air standards of the
Environmental Protection Agency, as in effect on the
date on which the application for such retrofitting or
replacement is submitted under subsection (c)(1).
``(f) Availability of Funds.--Any amount made available or
appropriated under this section--
``(1) shall remain available to a project for 1
year after the fiscal year for which the amount is made
available or appropriated; and
``(2) that remains unobligated at the end of the
period described in paragraph (1), shall be added to
the amount made available in the following fiscal
year.''.
(b) Clerical Amendment.--The analysis for chapter 53 is
amended by striking the item relating to section 5308 and
inserting the following:
``5308. Clean fuels formula grant program.''.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.
(a) Section Heading.--Section 5309 is amended in the
section heading by striking ``Discretionary'' and inserting
``Capital investment''.
(b) Conforming Amendment.--The item relating to section
5309 in the table of sections for chapter 53 is amended by
striking ``Discretionary'' and inserting ``Capital
investment''.
(c) General Authority.--Section 5309(a)(1) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by striking subparagraph (E) and inserting the
following:
``(E) capital projects to modernize existing fixed
guideway systems;
``(F) capital projects to replace, rehabilitate,
and purchases buses and related equipment and to
construct bus-related facilities;''.
(d) Consideration of Decreased Commuter Rail
Transportation.--Section 5309(c) is amended to read as follows:
``(c) [Reserved.]''.
(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--Section 5309(e) is amended to read as follows:
``(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--
``(1) In general.--The Secretary may approve a
grant or loan under this section for a capital project
for a new fixed guideway system or extension of an
existing fixed guideway system only if the Secretary
determines that the proposed project is--
``(A) based on the results of an
alternatives analysis and preliminary
engineering;
``(B) justified based on a comprehensive
review of its mobility improvements,
environmental benefits, cost effectiveness, and
operating efficiencies; and
``(C) supported by an acceptable degree of
local financial commitment, including evidence
of stable and dependable financing sources to
construct, maintain, and operate the system or
extension.
``(2) Alternatives analysis and preliminary
engineering.--In evaluating a project under paragraph
(1)(A), the Secretary shall analyze and consider the
results of the alternatives analysis and preliminary
engineering for the project.
``(3) Project justification.--In evaluating a
project under paragraph (1)(B), the Secretary shall--
``(A) consider the direct and indirect
costs of relevant alternatives;
``(B) consider factors such as congestion
relief, improved mobility, air pollution, noise
pollution, energy consumption, and all
associated ancillary and mitigation costs
necessary to carry out each alternative
analyzed, and recognize reductions in local
infrastructure costs achieved through compact
land use development;
``(C) identify and consider mass
transportation supportive existing land use
policies and future patterns, and the cost of
urban sprawl;
``(D) consider the degree to which the
project increases the mobility of the mass
transportation dependent population or promotes
economic development;
``(E) consider population density and
current transit ridership in the corridor;
``(F) consider the technical capability of
the grant recipient to construct the project;
``(G) adjust the project justification to
reflect differences in local land,
construction, and operating costs; and
``(H) consider other factors that the
Secretary determines appropriate to carry out
this chapter.
``(4) Local financial commitment.--
``(A) Evaluation of project.--In evaluating
a project under paragraph (1)(C), the Secretary
shall require that--
``(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases;
``(ii) each proposed local source
of capital and operating financing is
stable, reliable, and available within
the proposed project timetable; and
``(iii) local resources are
available to operate the overall
proposed mass transportation system
(including essential feeder bus and
other services necessary to achieve the
projected ridership levels) without
requiring a reduction in existing mass
transportation services to operate the
proposed project.
``(B) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of local financing under
subparagraph (A), the Secretary shall
consider--
``(i) existing grant commitments;
``(ii) the degree to which
financing sources are dedicated to the
purposes proposed;
``(iii) any debt obligation that
exists or is proposed by the recipient
for the proposed project or other mass
transportation purpose; and
``(iv) the extent to which the
project has a local financial
commitment that exceeds the required
non-Federal share of the cost of the
project.
``(5) Regulations.--Not later than 120 days after
the date of enactment of the Federal Transit Act of
1998, the Secretary shall issue regulations on the
manner in which the Secretary will evaluate and rate
the projects based on the results of alternatives
analysis, project justification, and the degree of
local financial commitment, as required under this
subsection.
``(6) Project evaluation and rating.--A proposed
project may advance from alternatives analysis to
preliminary engineering, and may advance from
preliminary engineering to final design and
construction, only if the Secretary finds that the
project meets the requirements of this section and
there is a reasonable likelihood that the project will
continue to meet such requirements. In making such
findings, the Secretary shall evaluate and rate the
project as `highly recommended', `recommended', or not
`recommended', based on the results of alternatives
analysis, the project justification criteria, and the
degree of local financial commitment, as required under
this subsection. In rating the projects, the Secretary
shall provide, in addition to the overall project
rating, individual ratings for each criteria
established under the regulations issued under
paragraph (5).
``(7) Full funding grant agreement.--A project
financed under this subsection shall be carried out
through a full funding grant agreement. The Secretary
shall enter into a full funding grant agreement based
on the evaluations and ratings required under this
subsection. The Secretary shall not enter into a full
funding grant agreement for a project unless that
project is authorized for final design and
construction.
``(8) Limitations on applicability.--
``(A) Projects with a section 5309 federal
share of less than $25,000,000.--A project for
a new fixed guideway system or extension of an
existing fixed guideway system is not subject
to the requirements of this subsection, and the
simultaneous evaluation of similar projects in
at least 2 corridors in a metropolitan area may
not be limited, if the assistance provided
under this section with respect to the project
is less than $25,000,000.
``(B) Projects in nonattainment areas.--The
simultaneous evaluation of projects in at least
2 corridors in a metropolitan area may not be
limited and the Secretary shall make decisions
under this subsection with expedited procedures
that will promote carrying out an approved
State Implementation Plan in a timely way if a
project is--
``(i) located in a nonattainment
area;
``(ii) a transportation control
measure (as defined by the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
``(iii) required to carry out the
State Implementation Plan.
``(C) Projects financed with highway
funds.--This subsection does not apply to a
part of a project financed completely with
amounts made available from the Highway Trust
Fund (other than the Mass Transit Account).
``(D) Previously issued letter of intent or
full funding grant agreement.--This subsection
does not apply to projects for which the
Secretary has issued a letter of intent or
entered into a full funding grant agreement
before the date of enactment of the Federal
Transit Act of 1998.''.
(f) Letters of Intent and Full Funding Grant Agreements.--
Section 5309(g) is amended--
(1) in the subsection heading by striking
``financing'' and inserting ``funding'';
(2) by striking ``full financing'' each place it
appears and inserting ``full funding'';
(3) in paragraph (1)(B)--
(A) by striking ``30 days'' and inserting
``60 days'';
(B) by inserting before the first comma
``or entering into a full funding grant
agreement''; and
(C) by striking ``issuance of the letter.''
and inserting ``letter or agreement. The
Secretary shall include with the notification a
copy of the proposed letter or agreement as
well as the evaluations and ratings for the
project.''; and
(4) in paragraph (4), by striking ``50 percent''
and all that follows through ``obligated)'' and
inserting ``an amount equivalent to the total
authorizations under section 5338(b) for new fixed
guideway systems and extensions to existing fixed
guideway systems for fiscal years 2002 and 2003''.
(g) Allocating Amounts.--Section 5309(m) is amended to read
as follows:
``(m) Allocating Amounts.--
``(1) In general.--Of the amounts made available by
or appropriated under section 5338 for grants and loans
under this section for each of fiscal years 1998
through 2003--
``(A) 40 percent shall be available for
fixed guideway modernization;
``(B) 40 percent shall be available for
capital projects for new fixed guideway systems
and extensions to existing fixed guideway
systems; and
``(C) 20 percent shall be available to
replace, rehabilitate, and purchase buses and
related equipment and to construct bus-related
facilities.
``(2) Limitation on amounts available for
activities other than final design and construction.--
Not more than 8 percent of the amounts made available
in each fiscal year by paragraph (1)(B) shall be
available for activities other than final design and
construction.
``(3) Bus and bus facility grants.--
``(A) Consideration.--In making grants
under paragraph (1)(C), the Secretary shall
consider the age of buses, bus fleets, related
equipment, and bus-related facilities.
``(B) Funding for bus testing facility.--Of
the amounts made available under paragraph
(1)(C), $3,000,000 shall be available in each
of fiscal years 1998 through 2003 to carry out
section 5318.
``(4) Funding for clean fuels.--Of the amounts made
available under paragraph (1)(C), $50,000,000 shall be
available in each of fiscal years 1999 through 2003 to
carry out section 5308.
``(5) Funding for ferry boat systems.--
``(A) Of the amounts made available under
paragraph (1)(B), $10,400,000 shall be
available in each of fiscal years 1999 through
2003 for capital projects in Alaska or Hawaii,
for new fixed guideway systems and extensions
to fixed guideway systems that are ferry boats
or ferry terminal facilities, or that are
approaches to ferry terminal facilities.
``(B) Of the amounts appropriated under
section 5338(h)(5), $3,600,000 shall be
available in each of fiscal years 1999 through
2003 for capital projects in Alaska or Hawaii,
for new fixed guideway systems and extensions
to fixed guideway systems that are ferry boats
or ferry terminal facilities, or that are
approaches to ferry terminal facilities.''.
(h) Conforming Amendments.--
(1) Repeal.--Section 5309(f) is amended to read as
follows:
``(f) [Reserved.]''.
(2) Cross reference.--Section 5328(a)(2), by
striking ``5309(e) (1)-(6) of this title'' and
inserting ``5309(e)''.
(3) References to full funding grant agreements.--
Chapter 53 is amended--
(A) in section 5320--
(i) by striking ``full financing''
each place it appears and inserting
``full funding''; and
(ii) in subsection (e) in the
subsection heading, by striking
``Financing'' and inserting
``Funding''; and
(B) in section 5328(a)(4) by striking
``full financing'' each place it appears and
inserting ``full funding''.
(i) Reports.--Section 5309 is amended by adding at the end
the following:
``(o) Reports.--
``(1) Funding levels and allocations of funds for
fixed guideway systems.--
``(A) Annual report.--Not later than the
first Monday in February of each year, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report that includes a proposal on the
allocation of amounts to be made available to
finance grants and loans for capital projects
for new fixed guideway systems and extensions
to existing fixed guideway systems among
applicants for those amounts.
``(B) Recommendations on funding.--The
annual report under this paragraph shall
include evaluations and ratings, as required
under subsection (e), for each project that is
authorized or has received funds under this
section since the date of enactment of the
Federal Transit Act of 1998 or October 1 of the
preceding fiscal year, whichever date is
earlier. The report shall also include
recommendations of projects for funding based
on the evaluations and ratings and on existing
commitments and anticipated funding levels for
the next 3 fiscal years and for the next 10
fiscal years based on information currently
available to the Secretary.
``(2) Supplemental report on new starts.--The
Secretary shall submit a report to Congress on the 31st
day of August of each year that describes the
Secretary's evaluation and rating of each project that
has completed alternatives analysis or preliminary
engineering since the date of the last report. The
report shall include all relevant information that
supports the evaluation and rating of each project,
including a summary of each project's financial plan.
``(3) Annual gao review.--The General Accounting
Office shall--
``(A) conduct an annual review of--
``(i) the processes and procedures
for evaluating and rating projects and
recommending projects; and
``(ii) the Secretary's
implementation of such processes and
procedures; and
``(B) shall report to Congress on the
results of such review by April 30 of each
year.''.
(j) Project Defined.--Section 5309 is amended by adding at
the end the following:
``(p) Project Defined.--In this section, the term `project'
means, with respect to a new fixed guideway system or extension
to an existing fixed guideway system, a minimum operable
segment of the project.''.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS.
(a) In General.--The Secretary shall not consider the
dollar value of mobility improvements, as specified in the
report required under section 5309(o) (as added by this Act),
in evaluating projects under section 5309 of title 49, United
States Code, in developing regulations, or in carrying out any
other duty of the Secretary.
(b) Study.--
(1) In general.--The Comptroller General shall
conduct a study of the dollar value of mobility
improvements and the relationship of mobility
improvements to the overall transportation
justification of a new fixed guideway system or
extension to an existing system.
(2) Report.--Not later than January 1, 2000, the
Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report on the results
of the study under paragraph (1), including an analysis
of the factors relevant to determining the dollar value
of mobility improvements.
SEC. 3011. LOCAL SHARE.
(a) In General.--Notwithstanding any other provision of
law, for fiscal years 1999 through 2003, a recipient of
assistance under section 5307 or 5309 of title 49, United
States Code, may use, as part of the local matching funds for a
capital project (as defined in section 5302(a) of title 49,
United States Code), the proceeds from the issuance of revenue
bonds.
(b) Maintenance of Effort.--The Secretary shall approve of
the use of the proceeds from the issuance of revenue bonds for
the remainder of the net project cost (as defined in section
5302(a) of title 49, United States Code) only if the aggregate
amount of financial support for mass transportation in the
urbanized area from the State and affected local governmental
authorities during the next 3 fiscal years, as programmed in
the State Transportation Improvement Program under section 135
of title 23, United States Code, is not less than the aggregate
amount provided by the State and affected local governmental
authorities in the urbanized area during the preceding 3 fiscal
years.
(c) Report.--
(1) In general.--Not later than January 1, 2003,
the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate, a report on the
recipients described in subsection (a) that have used,
as part of the local matching funds for a capital
project, the proceeds from the issuance of revenue
bonds, during the period described in subsection (a).
(2) Contents of report.--The report required by
this subsection shall include--
(A) information on each project undertaken,
the amount of the revenue bonds issued, and the
status of repayment of the bonds; and
(B) any recommendations of the Secretary
regarding the application of this section.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.
(a) Fixed Guideway Technology.--The Secretary shall make
grants for the study, design, and demonstration of fixed
guideway technology. Of the amounts made available by or
appropriated under section 5338(d) of title 49, United States
Code, the Secretary shall make funds available for the
following projects in not less than the amounts specified for
the fiscal year:
(1) North Orange-South Seminole County, FL $750,000
for fiscal year 1999.
(2) Galveston, TX fixed guideway activities
$750,000 for fiscal year 1999.
(3) Washoe County, NV Transit Technology,
$1,250,000 for each of fiscal years 1999 and 2000.
(b) Bus Technology.--The Secretary shall make grants for
the study, design, and demonstration of bus technology. Of the
amounts made available by or appropriated under section 5338(d)
of title 49, United States Code, the Secretary shall make funds
available for the following projects in not less than the
amounts specified for the fiscal year:
(1) MBTA, MA Advanced Electric Transit Buses and
Related Infrastructure, $1,500,000 for each of fiscal
years 1999 and 2000.
(2) Palm Springs, CA Fuel Cell Buses, $1,000,000
for each of fiscal years 1999 and 2000.
(3) Gloucester, MA Intermodal Technology Center,
$1,500,000 for each of fiscal years 1999 and 2000.
(c) Advanced Propulsion Control System.--
(1) In general.--Of the amounts made available by
or appropriated under section 5338(d) of title 49,
United States Code, $2,000,000 for fiscal year 1999,
$3,000,000 for fiscal year 2000, and $3,000,000 for
fiscal year 2002 shall be available to the Southeastern
Pennsylvania Transit Authority (in this subsection
referred to as ``SEPTA''), to be used only for the
completion of the program to develop and deploy a new
Advanced Propulsion Control System begun under the
Request for Technical Proposals for Project S-2814- 2.
(2) Action required by septa.--This subsection
shall take effect only if SEPTA issues a request for
cost proposals to the 4 selectees from the full and
open competition under SEPTA's Request for Technical
Proposals for Project S-2814-2 not later than 60 days
after the date of enactment of this Act.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.
(a) Section Heading.--Section 5310 is amended in the
section heading by striking ``Grants'' and inserting ``Formula
grants''.
(b) Conforming Amendment.--The item relating to section
5310 in the table of sections for chapter 53 is amended by
inserting ``formula'' before ``grants''.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.
(a) In General.--Section 5311 is amended--
(1) in the section heading, by striking ``Financial
assistance'' and inserting ``Formula grants''; and
(2) in subsection (f)(1) by striking ``10 percent
of the amount made available in the fiscal year ending
September 30, 1993, and''.
(b) Conforming Amendment.--The item relating to section
5311 in the table of sections for chapter 53 is amended by
striking ``Financial assistance'' and inserting ``Formula
grant''.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.
(a) In General.--Section 5312 is amended by adding at the
end the following:
``(d) Joint Partnership Program for Deployment of
Innovation.--
``(1) Definition of consortium.--In this
subsection, the term `consortium'--
``(A) means 1 or more public or private
organizations located in the United States that
provide mass transportation service to the
public and 1 or more businesses, including
small- and medium-sized businesses,
incorporated in a State, offering goods or
services or willing to offer goods and services
to mass transportation operators; and
``(B) may include, as additional members,
public or private research organizations
located in the United States, or State or local
governmental authorities.
``(2) General authority.--The Secretary may, under
terms and conditions that the Secretary prescribes,
enter into grants, contracts, cooperative agreements,
and other agreements with consortia selected in
accordance with paragraph (4), to promote the early
deployment of innovation in mass transportation
services, management, operational practices, or
technology that has broad applicability. This paragraph
shall be carried out in consultation with the transit
industry by competitively selected consortia that will
share costs, risks, and rewards of early deployment of
innovation.
``(3) Consortium contribution.--A consortium
assisted under this subsection shall provide not less
than 50 percent of the costs of any joint partnership
project. Any business, organization, person, or
governmental body may contribute funds to a joint
partnership project.
``(4) Notice requirement.--The Secretary shall
periodically give public notice of the technical areas
for which joint partnerships are solicited, required
qualifications of consortia desiring to participate,
the method of selection and evaluation criteria to be
used in selecting participating consortia and projects,
and the process by which innovation projects described
in paragraph (1) will be awarded.
``(5) Use of revenues.--The Secretary shall accept,
to the maximum extent practicable, a portion of the
revenues resulting from sales of an innovation project
funded under this section. Such revenues shall be
accounted for separately within the Mass Transit
Account of the Highway Trust Fund and shall be
available to the Secretary for activities under this
subsection. Annual revenues that are less than
$1,000,000 shall be available for obligation without
further appropriation and shall not be subject to any
obligation limitation.
``(e) International Mass Transportation Program.--
``(1) Activities.--The Secretary is authorized to
engage in activities to inform the United States
domestic mass transportation community about
technological innovations available in the
internationalmarketplace and activities that may afford
domestic businesses the opportunity to become globally competitive in
the export of mass transportation products and services. Such
activities may include--
``(A) development, monitoring, assessment,
and dissemination domestically of information
about worldwide mass transportation market
opportunities;
``(B) cooperation with foreign public
sector entities in research, development,
demonstration, training, and other forms of
technology transfer and exchange of experts and
information;
``(C) advocacy, in international mass
transportation markets, of firms, products, and
services available from the United States;
``(D) informing the international market
about the technical quality of mass
transportation products and services through
participation in seminars, expositions, and
similar activities; and
``(E) offering those Federal Transit
Administration technical services which cannot
be readily obtained from the United States
private sector to foreign public authorities
planning or undertaking mass transportation
projects if the cost of these services will be
recovered under the terms of each project.
``(2) Cooperation.--The Secretary may carry out
activities under this subsection in cooperation with
other Federal agencies, State or local agencies, public
and private nonprofit institutions, government
laboratories, foreign governments, or any other
organization the Secretary determines is appropriate.
``(3) Funding.--The funds available to carry out
this subsection shall include revenues paid to the
Secretary by any cooperating organization or person.
Such revenues shall be accounted for separately within
the Mass Transit Account of the Highway Trust Fund and
shall be available to the Secretary to carry out
activities under this subsection, including promotional
materials, travel, reception, and representation
expenses necessary to carry out such activities. Annual
revenues that are less than $1,000,000 shall be
available for obligation without further appropriation
and shall not be subject to any obligation limitation.
Not later than January 1 of each fiscal year, the
Secretary shall publish a report on the activities
under this paragraph funded from the account.''.
(b) Fuel Cell Bus and Bus Facilities Program.--Of the funds
made available for each fiscal year to carry out section
5309(m)(1)(C) of title 49, United States Code, $4,850,000 shall
be available to carry out the fuel cell powered transit bus
program and the intermodal transportation fuel cell bus
maintenance facility.
(c) Advanced Technology Pilot Project.--
(1) In general.--The Secretary shall make grants
for the development of low speed magnetic levitation
technology for public transportation purposes in urban
areas to demonstrate energy efficiency, congestion
mitigation, and safety benefits.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act for each of fiscal years
1998 through 2003, $5,000,000 per fiscal year shall be
available to carry out this subsection.
(3) Federal share.--The Federal share payable on
account of activities carried out using a grant made
under this subsection shall be 80 percent of the cost
of such activities.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.
Section 5314(a)(2) is amended by striking ``$2,000,000''
and inserting ``$3,000,000''.
SEC. 3017. NATIONAL TRANSIT INSTITUTE.
(a) In General.--Section 5315(a) is amended--
(1) in paragraph (5) by inserting ``and
architectural design'' before the semicolon at the end;
(2) in paragraph (7) by striking ``carrying out''
and inserting ``delivering'';
(3) in paragraph (11) by inserting ``, construction
management, insurance, and risk management'' before the
semicolon at the end;
(4) in paragraph (13) by striking ``and'' at the
end;
(5) in paragraph (14) by striking the period at the
end and inserting a semicolon; and
(6) by adding at the end the following:
``(15) innovative finance; and
``(16) workplace safety.''.
(b) Conforming Amendment.--The item relating to section
5315 in the table of sections for chapter 53 is amended by
striking ``mass transportation'' and inserting ``transit''.
SEC. 3018. BUS TESTING FACILITIES.
(a) Operation and Maintenance.--Section 5318(b) is
amended--
(1) by striking ``make a contract with'' and
inserting ``enter into a contract or cooperative
agreement with, or make a grant to,'';
(2) by inserting ``or organization'' after
``person'';
(3) by inserting ``, cooperative agreement, or
grant'' after ``The contract''; and
(4) by inserting ``mass transportation'' after
``and other''.
(b) Availability of Amounts.--Section 5318(d) is amended by
striking ``make a contract with'' and inserting ``enter into a
contract or cooperative agreement with, or make a grant to,''.
SEC. 3019. BICYCLE FACILITIES.
Section 5319 is amended by striking ``under this section is
for 90 percent of the cost of the project'' and inserting
``made eligible by this section is for 90 percent of the cost
of the project, except that, if the grant or any portion of the
grant is made with funds required to be expended under section
5307(k) and the project involves providing bicycle access to
mass transportation, that grant or portion of that grant shall
be at a Federal share of 95 percent''.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.
(a) Technical Amendment.--Section 5323(d) is amended by
striking ``Buying and Operating Buses.--'' and inserting
``Condition on Charter Bus Transportation Service.--''.
(b) Buy America.--Section 5323(j)(7) is amended to read as
follows:
``(7) Opportunity to correct inadvertent error.--
The Secretary may allow a manufacturer or supplier of
steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure
to properly complete the certification (but not
including failure to sign the certification) under this
subsection if such manufacturer or supplier attests
under penalty of perjury that such manufacturer or
supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.''.
(c) Government's Share.--Section 5323(i) is amended to read
as follows:
``(i) Government Share of Costs for Certain Projects.--A
grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment required by the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or vehicle-related equipment (including clean fuel or
alternative fuel vehicle-related equipment) for purposes of
complying with or maintaining compliance with the Clean Air
Act, is for 90 percent of the net project cost of such
equipment attributable to compliance with those Acts. The
Secretary shall have discretion to determine, through
practicable administrative procedures, the costs of such
equipment attributable to compliance with those Acts.''.
(d) HHS and Public Transit Service.--Section 5323 is
amended--
(1) by redesignating subsections (k) and (l) as
subsections (l) and (m), respectively; and
(2) by inserting after subsection (j) the
following:
``(k) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--To the extent feasible,
governmental agencies and nonprofit organizations that receive
assistance from Government sources (other than the Department
of Transportation) for nonemergency transportation services--
``(1) shall participate and coordinate with
recipients of assistance under this chapter in the
design and delivery of transportation services; and
``(2) shall be included in the planning for those
services.''.
(e) Submission of Certifications.--Section 5323 is amended
by adding at the end the following:
``(n) Submission of Certifications.--A certification
required under this chapter and any additional certification or
assurance required by law or regulation to be submitted to the
Secretary may be consolidated into a single document to be
submitted annually as part of a grant application under this
chapter. The Secretary shall publish annually a list of all
certifications required under this chapter with the publication
required under section 5336(e)(2).''.
(f) Grant Requirements.--Section 5323 is amended by adding
at the end the following:
``(o) Grant Requirements.--The grant requirements under
sections 5307 and 5309 apply to any project under this chapter
that receives any assistance or other financing under the
Transportation Infrastructure Finance and Innovation Act of
1998.''.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE INVESTMENT
FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.
(a) In General.--The Secretary shall establish a pilot
program to determine the benefits of using funds from the Mass
Transit Account of the Highway Trust Fund for intercity
passenger rail. Any assistance provided to the State of
Oklahoma under sections 5307 and 5311 of title 49, United
States Code, during fiscal years 1998 through 2003 may be used
for capital improvements to, and operating assistance for,
intercity passenger rail service.
(b) Report.--
(1) In general.--Not later than October 1, 2002,
the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report on the pilot
program established under this section.
(2) Contents.--The report submitted under paragraph
(1) shall include--
(A) an evaluation of the effect of the
pilot program on alternative forms of
transportation within the State of Oklahoma;
(B) an evaluation of the effect of the
program on operators of mass transportation and
their passengers;
(C) a calculation of the amount of Federal
assistance provided under this section
transferred for the provision of intercity
passenger rail service; and
(D) an estimate of the benefits to
intercity passenger rail service, including the
number of passengers served, the number of
route miles covered, and the number of
localities served by intercity passenger rail
service.
SEC. 3022. CONTRACT REQUIREMENTS.
(a) Efficient Procurement.--Section 5325 is amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection
(b); and
(3) by adding at the end the following:
``(c) Efficient Procurement.--A recipient may award a
procurement contract under this chapter to other than the
lowest bidder when the award furthers an objective consistent
with the purposes of this chapter, including improved long-term
operating efficiency and lower long-term costs.''.
SEC. 3023. SPECIAL PROCUREMENTS.
(a) Turnkey System Projects.--Section 5326(a) is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) Turnkey system project defined.--In this
subsection, the term `turnkey system project' means a
project under which a recipient enters into a contract
with a seller, firm, or consortium of firms to design
and build a mass transportation system or an operable
segment thereof that meets specific performance
criteria. Such project may also include an option to
finance, or operate for a period of time, the system or
segment or any combination of designing, building,
operating, or maintaining such system or segment.'';
(2) in paragraph (2)--
(A) by inserting ``Selection of turnkey
projects.--'' after ``(2)''; and
(B) by inserting ``or an operable segment
of a mass transportation system'' after
``transportation system'';
(3) in paragraph (3) by inserting
``Demonstrations.--'' after ``(3)''; and
(4) by aligning paragraphs (2) and (3) with
paragraph (1) of such section, as amended by paragraph
(1) of this section.
(b) Technical Amendment.--Section 5326 is amended by
striking subsection (c) and inserting the following:
``(c) Acquiring Rolling Stock.--A recipient of financial
assistance under this chapter may enter into a contract to
expend that assistance to acquire rolling stock--
``(1) based on--
``(A) initial capital costs; or
``(B) performance, standardization, life
cycle costs, and other factors; or
``(2) with a party selected through a competitive
procurement process.
``(d) Procuring Associated Capital Maintenance Items.--A
recipient of assistance under section 5307 procuring an
associated capital maintenance item under section 5307(b) may
enter into a contract directly with the original manufacturer
or supplier of the item to be replaced, without receiving prior
approval of the Secretary, if the recipient first certifies in
writing to the Secretary that--
``(1) the manufacturer or supplier is the only
source for the item; and
``(2) the price of the item is no more than the
price that similar customers pay for the item.''.
(c) Conforming Amendment.--Section 5334(b)(4) is amended by
striking ``5323(a)(2), (c) and (e), 5324(c), and 5325 of this
title'' and inserting ``5323(a)(2), 5323(c), 5323(e), 5324(c),
5325(a), 5325(b), 5326(c), and 5326(d)''.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
(a) Limitation on Use of Available Amounts.--Section
5327(c)(2) is amended--
(1) by striking ``make contracts'' and inserting
``enter into contracts''; and
(2) by inserting before the period at the end of
the first sentence the following: ``and to provide
technical assistance to correct deficiencies identified
in compliance reviews and audits carried out under this
section''.
(b) Financial Plan.--Section 5327 is amended by adding at
the end the following:
``(f) Financial Plan.--A recipient of financial assistance
for a project under this chapter with an estimated total cost
of $1,000,000,000 or more shall submit to the Secretary an
annual financial plan for the project. The plan shall be based
on detailed annual estimates of the cost to complete the
remaining elements of the project and on reasonable
assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.''.
SEC. 3025. ADMINISTRATIVE PROCEDURES.
(a) Training and Conference Costs.--Section 5334(a) is
amended--
(1) in paragraph (8) by striking ``and'' at the
end;
(2) in paragraph (9) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(10) collect fees to cover the costs of training
or conferences, including costs of promotional
materials, sponsored by the Federal Transit
Administration to promote mass transportation and
credit amounts collected to the appropriation
concerned.''.
(b) Technical Amendments.--
(1) Section heading.--The heading for section 5334
is amended by inserting ``provisions'' after
``Administrative''.
(2) Table of sections.--The item relating to
section 5334 in the table of sections for chapter 53 is
amended by inserting ``provisions'' after
``Administrative''.
(c) Proceeds From Sale of Transit Assets.--Section 5334(g)
is amended by adding at the end the following:
``(4) Proceeds from the sale of transit assets.--
``(A) In general.--When real property,
equipment, or supplies acquired with assistance
under this chapter are no longer needed for
mass transportation purposes as determined
under the applicable assistance agreement, the
Secretary may authorize the sale, transfer, or
lease of the assets under conditions determined
by the Secretary and subject to the
requirements of this subsection.
``(B) Use.--The net income from asset
sales, uses, or leases (including lease
renewals) under this subsection shall be used
by the recipient to reduce the gross project
cost of other capital projects carried out
under this chapter.
``(C) Relationship to other authority.--The
authority of the Secretary under this
subsection is in addition to existing
authorities controlling allocation or use of
recipient income otherwise permissible in law
or regulation in effect prior to the date of
enactment of this paragraph.''.
SEC. 3026. REPORTS AND AUDITS.
(a) National Transit Database.--Section 5335(a) is
amended--
(1) by striking ``Reporting System and Uniform
System of Accounts and Records'' and inserting
``National Transit Database''; and
(2) in paragraph (1)--
(A) by striking ``by uniform categories,''
and inserting ``using uniform categories''; and
(B) by striking ``and a uniform system of
accounts and records'' and inserting ``and
using a uniform system of accounts''.
(b) Reports.--Section 5335 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection
(b).
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) In General.--Section 5336 is amended in the section
heading by striking ``block grants'' and inserting ``formula
grants''.
(b) Repeal.--Section 5336(d) is amended to read as follows:
``(d) [Reserved.]''.
(c) Continuation of Operating Assistance to Certain Larger
Urbanized Areas.--
(1) Provision of assistance.--Notwithstanding any
other provision of law, during the period described in
paragraph (2), the Secretary may continue to provide
assistance under section 5307 of title 49, United
States Code, to finance the operating costs of
equipment and facilities for use in mass transportation
in any urbanized area (as that term is defined in
section 5302 of title 49, United States Code) with a
population of at least 200,000, if the Secretary
determines that--
(A) the number of the total bus revenue
vehicle-miles operated in or directly serving
the area is less than 600,000; and
(B) the number of buses operated in or
directly serving the area does not exceed 15.
(2) Period described.--For purposes of paragraph
(1), the period described in this paragraph is the
period beginning on the date of enactment of this Act
and ending on the earlier of--
(A) 3 years after the date of enactment of
this Act; and
(B) the date on which the Secretary
determines that--
(i) the number of the total bus
revenue vehicle-miles operated in or
directly serving the area is greater
than or equal to 600,000; and
(ii) the number of buses operated
in or directly serving the area exceeds
15.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.
(a) Distribution.--Section 5337(a) is amended to read as
follows:
``(a) Distribution.--The Secretary shall apportion amounts
made available for fixed guideway modernization under section
5309 for each of fiscal years 1998 through 2003 as follows:
``(1) The first $497,700,000 shall be apportioned
in the following urbanized areas as follows:
``(A) Baltimore, $8,372,000.
``(B) Boston, $38,948,000.
``(C) Chicago/Northwestern Indiana,
$78,169,000.
``(D) Cleveland, $9,509,500.
``(E) New Orleans, $1,730,588.
``(F) New York, $176,034,461.
``(G) Northeastern New Jersey, $50,604,653.
``(H) Philadelphia/Southern New Jersey,
$58,924,764.
``(I) Pittsburgh, $13,662,463.
``(J) San Francisco, $33,989,571.
``(K) Southwestern Connecticut,
$27,755,000.
``(2) The next $70,000,000 shall be apportioned as
follows:
``(A) 50 percent in the urbanized areas
listed in paragraph (1), as provided in section
5336(b)(2)(A).
``(B) 50 percent in other urbanized areas
eligible for assistance under section
5336(b)(2)(A) to which amounts were apportioned
under this section for fiscal year 1997, as
provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(3) The next $5,700,000 shall be apportioned in
the following urbanized areas as follows:
``(A) Pittsburgh, 61.76 percent.
``(B) Cleveland, 10.73 percent.
``(C) New Orleans, 5.79 percent.
``(D) 21.72 percent in urbanized areas to
which paragraph (2)(B)(ii) applies, as provided
in section 5336(b)(2)(A) and subsection (e) of
this section.
``(4) The next $186,600,000 shall be apportioned in
each urbanized area to which paragraph (1) applies and
in each urbanized area to which paragraph (2)(B)
applies, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(5) The next $70,000,000 shall be apportioned as
follows:
``(A) 65 percent in the urbanized areas
listed in paragraph (1), as provided in section
5336(b)(2)(A) and subsection (e) of this
section.
``(B) 35 percent to other urbanized areas
eligible for assistance under section
5336(b)(2)(A) if the areas contain fixed
guideway systems placed in revenue service at
least 7 years before the fiscal year in which
amounts are made available and in any urbanized
area if, before the first day of the fiscal
year, the area satisfies the Secretary that the
area has modernization needs that cannot
adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection (e) of this
section.
``(6) The next $50,000,000 shall be apportioned as
follows:
``(A) 60 percent in the urbanized areas
listed in paragraph (1), as provided in section
5336(b)(2)(A) and subsection (e) of this
section.
``(B) 40 percent to urbanized areas to
which paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection (e) of
this section.
``(7) Remaining amounts shall be apportioned as
follows:
``(A) 50 percent in the urbanized areas
listed in paragraph (1), as provided in section
5336(b)(2)(A) and subsection (e) of this
section.
``(B) 50 percent to urbanized areas to
which paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection (e) of
this section.''.
(b) Route Segments To Be Included in Apportionment
Formulas.--Section 5337 is amended by adding at the end the
following:
``(e) Route Segments To Be Included in Apportionment
Formulas.--
``(1) 1997 standard.--Amounts apportioned under
paragraphs (2)(B), (3), and (4) of subsection (a) shall
have attributable to each urbanized area only the
number of fixed guideway revenue miles of service and
number of fixed guideway route miles forsegments of
fixed guideway systems used to determine apportionments for fiscal year
1997.
``(2) Other standards.--Amounts apportioned under
paragraphs (5) through (7) of subsection (a) shall have
attributable to each urbanized area only the number of
fixed guideway revenue miles of service and number of
fixed guideway route-miles for segments of fixed
guideway systems placed in revenue service at least 7
years before the fiscal year in which amounts are made
available.''.
SEC. 3029. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) Fiscal year 1998.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5310, and 5311, $2,260,000,000 for fiscal year
1998.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out sections 5307, 5310, and 5311,
$240,000,000 for fiscal year 1998.
``(C) Allocation of funds.--Of the
aggregate of amounts made available by and
appropriated under this paragraph for a fiscal
year--
``(i) $4,849,950 shall be available
to the Alaska Railroad for improvements
to its passenger operations under
section 5307;
``(ii) $62,219,389 shall be
available to provide transportation
services to elderly individuals and
individuals with disabilities under
section 5310;
``(iii) $134,077,934 shall be
available to provide financial
assistance for other than urbanized
areas under section 5311; and
``(iv) $2,298,852,727 shall be
available to provide financial
assistance for urbanized areas under
section 5307.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5308, 5310, and 5311--
``(i) $2,280,000,000 for fiscal
year 1999;
``(ii) $2,478,400,000 for fiscal
year 2000;
``(iii) $2,676,000,000 for fiscal
year 2001;
``(iv) $2,873,600,000 for fiscal
year 2002; and
``(v) $3,071,200,000 for fiscal
year 2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out sections 5307, 5308, 5310, and 5311--
``(i) $570,000,000 for fiscal year
1999;
``(ii) $619,600,000 for fiscal year
2000;
``(iii) $669,000,000 for fiscal
year 2001;
``(iv) $718,400,000 for fiscal year
2002; and
``(v) $767,800,000 for fiscal year
2003.
``(C) Allocation of funds.--Of the
aggregate of amounts made available by and
appropriated under this paragraph for a fiscal
year--
``(i) $4,849,950 shall be available
to the Alaska Railroad for improvements
to its passenger operations under
section 5307;
``(ii) $50,000,000 shall be
available to carry out section 5308;
and
``(iii) of the remaining amount--
``(I) 2.4 percent shall be
available to provide
transportation services to
elderly individuals and
individuals with disabilities
under section 5310;
``(II) 6.37 percent shall
be available to provide
financial assistance for other
than urbanized areas under
section 5311; and
``(III) 91.23 percent shall
be available to provide
financial assistance for
urbanized areas under section
5307.
``(b) Capital Program Grants and Loans.--
``(1) Fiscal year 1998.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5309, $2,000,000,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5309--
``(i) $1,805,600,000 for fiscal
year 1999;
``(ii) $1,960,800,000 for fiscal
year 2000;
``(iii) $2,116,800,000 for fiscal
year 2001;
``(iv) $2,272,800,000 for fiscal
year 2002; and
``(v) $2,428,800,000 for fiscal
year 2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out section 5309--
``(i) $451,400,000 for fiscal year
1999;
``(ii) $490,200,000 for fiscal year
2000;
``(iii) $529,200,000 for fiscal
year 2001;
``(iv) $568,200,000 for fiscal year
2002; and
``(v) $607,200,000 for fiscal year
2003.
``(c) Planning.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305,
and 5313(b), $47,750,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303,
5304, 5305, and 5313(b)--
``(i) $43,200,000 for fiscal year
1999;
``(ii) $46,400,000 for fiscal year
2000;
``(iii) $51,200,000 for fiscal year
2001;
``(iv) $52,800,000 for fiscal year
2002; and
``(v) $57,600,000 for fiscal year
2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out sections 5303, 5304, 5305, and
5313(b)--
``(i) $10,800,000 for fiscal year
1999;
``(ii) $11,600,000 for fiscal year
2000;
``(iii) $12,800,000 for fiscal year
2001;
``(iv) $13,200,000 for fiscal year
2002; and
``(v) $14,400,000 for fiscal year
2003.
``(C) Allocation of funds.--Of the funds
made available by or appropriated under this
paragraph for a fiscal year--
``(i) 82.72 percent shall be
available for metropolitan planning
under sections 5303, 5304, and 5305;
and
``(ii) 17.28 percent shall be
available for State planning under
section 5313(b).
``(d) Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312,
5313(a), 5314, 5315, and 5322, $44,250,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and
5322--
``(i) $36,000,000 for fiscal year
1999;
``(ii) $37,600,000 for fiscal year
2000;
``(iii) $37,600,000 for fiscal year
2001;
``(iv) $39,200,000 for fiscal year
2002; and
``(v) $39,200,000 for fiscal year
2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
``(i) $9,000,000 for fiscal year
1999;
``(ii) $9,400,000 for fiscal year
2000;
``(iii) $9,400,000 for fiscal year
2001;
``(iv) $9,800,000 for fiscal year
2002; and
``(v) $9,800,000 for fiscal year
2003.
``(C) Allocation of funds.--Of the funds
made available by or appropriated under this
paragraph for a fiscal year--
``(i) not less than $5,250,000
shall be available for providing rural
transportation assistance under section
5311(b)(2);
``(ii) not less than $8,250,000
shall be available for carrying out
transit cooperative research programs
under section 5313(a);
``(iii) not less than $4,000,000
shall be available to carry out
programs under the National Transit
Institute under section 5315; and
``(iv) the remainder shall be
available for carrying out national
planning and research programs under
sections 5311(b)(2), 5312, 5313(a),
5314, and 5322.
``(e) University Transportation Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5317(b) $6,000,000
for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section
5317(b), $4,800,000 for each of fiscal years
1999 through 2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out section 5317(b), $1,200,000 for each
of fiscal years 1999 through 2003.
``(f) Administration.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for
fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5334--
``(i) $43,200,000 for fiscal year
1999;
``(ii) $48,000,000 for fiscal year
2000;
``(iii) $51,200,000 for fiscal year
2001;
``(iv) $53,600,000 for fiscal year
2002; and
``(v) $58,400,000 for fiscal year
2003.
``(B) From the general fund.--In addition
to amounts made available under subparagraph
(A), there are authorized to be appropriated to
carry out section 5334--
``(i) $10,800,000 for fiscal year
1999;
``(ii) $12,000,000 for fiscal year
2000;
``(iii) $12,800,000 for fiscal year
2001;
``(iv) $13,400,000 for fiscal year
2002; and
``(v) $14,600,000 for fiscal year
2003.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from the highway trust
fund.--A grant or contract approved by the Secretary,
that is financed with amounts made available under
subsection (a)(1)(A), (a)(2)(A), (b)(1), (b)(2)(A),
(c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A) is a
contractual obligation of the United States Government
to pay the Government's share of the cost of the
project.
``(2) Grants financed from general funds.--A grant
or contract, approved by the Secretary, that is
financed with amounts made available under subsection
(a)(1)(B), (a)(2)(B), (b)(2)(B), (c)(2)(B), (d)(2)(B),
(e)(2)(B), (f)(2)(B), or (h) is a contractual
obligation of the Government to pay the Government's
share of the cost of the project only to the extent
that amounts are provided in advance in an
appropriations Act.
``(h) Additional Amounts.--In addition to amounts made
available by or appropriated under subsections (a) through (f),
there are authorized to be appropriated--
``(1) to carry out sections 5303, 5304, 5305, and
5313(b)--
``(A) for fiscal year 1999, $32,000,000;
``(B) for fiscal year 2000, $33,000,000;
``(C) for fiscal year 2001, $34,000,000;
``(D) for fiscal year 2002, $35,000,000;
and
``(E) for fiscal year 2003, $36,000,000;
``(2) to carry out section 5307, $150,000,000 for
each of fiscal years 1999 through 2003;
``(3) to carry out section 5308, $100,000,000 for
each of fiscal years 1999 through 2003;
``(4) to carry out section 5309(m)(1)(A),
$100,000,000 for each of fiscal years 1999 through
2003;
``(5) to carry out section 5309(m)(1)(B)--
``(A) for fiscal year 1999, $600,000,000;
``(B) for fiscal year 2000, $610,000,000;
``(C) for fiscal year 2001, $620,000,000;
``(D) for fiscal year 2002, $630,000,000;
and
``(E) for fiscal year 2003, $630,000,000;
``(6) to carry out section 5309(m)(1)(C),
$100,000,000 for each of fiscal years 1999 through
2003;
``(7) to carry out sections 5311(b)(2), 5312,
5313(a), 5314, 5315, and 5322--
``(A) for fiscal year 1999, $31,000,000;
``(B) for fiscal year 2000, $31,000,000;
``(C) for fiscal year 2001, $33,000,000;
``(D) for fiscal year 2002, $33,000,000;
and
``(E) for fiscal year 2003, $34,000,000;
and
``(8) to carry out section 5334--
``(A) for fiscal year 1999, $13,000,000;
``(B) for fiscal year 2000, $14,000,000;
``(C) for fiscal year 2001, $16,000,000;
``(D) for fiscal year 2002, $17,000,000;
and
``(E) for fiscal year 2003, $18,000,000.
``(i) Availability of Amounts.--Amounts made available by
or appropriated under subsections (a) through (e), and
paragraphs (1) through (7) of subsection (h), shall remain
available until expended.''.
(b) Conforming Amendments.--Chapter 53 is amended as
follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A), by striking ``section 5338(g)(1)'' each
place it appears and inserting ``subsection (c) or
(h)(1) of section 5338''.
(2) In section 5303(h)(1) by striking ``-5306'' and
inserting ``and 5305''.
(3) In section 5303(h)(4) by striking ``section
5338(g)'' and inserting ``subsection (c) or (h)(1) of
section 5338''.
(4) In section 5313(a)(1) by striking ``Fifty
percent of the amounts made available under section
5338(g)(3)'' and inserting ``The amounts made available
under paragraphs (1) and (2)(C)(ii) of section
5338(d)''.
(5) In section 5313(b)(1) by striking ``Fifty
percent of the amounts made available under section
5338(g)(3)'' and inserting ``The amounts made available
under paragraphs (1) and (2)(C)(ii) of section
5338(c)''.
(6) In section 5314(a)(1) by striking ``section
5338(g)(4)'' and inserting ``subsections (d) and (h)(7)
of section 5338''.
(7) In section 5317(e)(5)(C) by striking
``5338(e)(2)'' and inserting ``5338(e)''.
(8) In section 5318(d) by striking ``5338(j)(5)''
and inserting ``5309(m)(1)(C)''.
(9) In section 5333(b) by striking ``5338(j)(5)''
each place it appears and inserting ``5338(b)''.
(10) In section 5336(a) by striking ``5338(f)'' and
inserting ``5338(a)''.
(11) In section 5336(e)(1) by striking ``section
5338(f)'' and inserting ``subsections (a) and (h)(2) of
section 5338''.
(12) In section 5337(e)(1) by striking ``section
5338(f)'' and inserting ``subsections (b) and (h)(4) of
section 5338''.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO
EXISTING SYSTEMS.
(a) Final Design and Construction.--The following projects
are authorized for final design and construction for fiscal
years 1998 through 2003 under section 5309(m)(1)(B) of title
49, United States Code:
(1) Atlanta--Athens Commuter Rail.
(2) Atlanta--Griffin Commuter Rail.
(3) Atlanta--North Line Extension.
(4) Austin--NW/North Central/SE--Airport LRT.
(5) Baltimore--Central LRT Extension to Glen
Burnie.
(6) Boston--Massport Airport Intermodal Transit
Connector.
(7) Boston--North Shore Corridor and Blue Line
Extension to Beverly.
(8) Charlotte--South Corridor Transitway.
(9) Chicago--Navy Pier-McCormick Place Busway.
(10) Chicago--North Central Upgrade Commuter Rail.
(11) Chicago--Ravenswood Line Extension.
(12) Chicago--Southwest Extension.
(13) Chicago--West Line Expansion.
(14) Cleveland--Akron-Canton Commuter Rail.
(15) Cleveland--Berea Metroline Extension.
(16) Cleveland--Blue Line Extension.
(17) Cleveland--Euclid Corridor Extension.
(18) Cleveland--I-90 Corridor to Ashtabula County.
(19) Cleveland--Waterfront Line Extension.
(20) Dallas--North Central Extension.
(21) Dallas--Ft. Worth RAILTRAN (Phase II).
(22) Denver--East Corridor (Airport).
(23) Denver--Southeast LRT (I-25 between 6th &
Lincoln).
(24) Denver--Southwest LRT.
(25) Denver--West Corridor LRT.
(26) East St. Louis-St. Clair County--Mid-America
Airport Corridor.
(27) Ft. Lauderdale-West Palm Beach-Miami Tri-
County Commuter Rail.
(28) Galveston--Trolley Extension.
(29) Hartford--Griffin Line.
(30) Hollis--Ketchikan Ferry.
(31) Houston--Regional Bus Plan--Phase I.
(32) Kansas City--I-35 Commuter Rail.
(33) Kansas City--Southtown Corridor.
(34) Kenosha-Racine--Milwaukee Rail Extension.
(35) Las Vegas Corridor.
(36) Little Rock--River Rail.
(37) Los Angeles--Metrolink San Bernadino Line.
(38) Los Angeles--MOS-3.
(39) Los Angeles--Metrolink (Union Station-
Fullerton).
(40) Louisville--Jefferson County Corridor.
(41) MARC--Commuter Rail Improvements.
(42) Maryland Light Rail Double Track.
(43) Memphis--Medical Center Extension.
(44) Miami--East-West Multimodal Corridor.
(45) Miami--North 27th Avenue Corridor.
(46) Miami--South Busway Extension.
(47) Milwaukee--East-West Corridor.
(48) Monterey County Commuter Rail.
(49) Nashua, NH--Lowell, MA Commuter Rail.
(50) Nashville--Commuter Rail.
(51) New Orleans--Canal Streetcar.
(52) New York--8th Avenue Subway Connector.
(53) New York--Brooklyn--Staten Island Ferry.
(54) New York--Long Island Railroad East Side
Access.
(55) New York--Staten Island Ferry--Whitehall
Intermodal Terminal.
(56) New York Susquehanna and Western Commuter
Rail.
(57) New Jersey Urban Core.
(58) Norfolk--Virginia Beach Corridor.
(59) Orange County--Fullerton--Irvine Corridor.
(60) Orlando--I-4 Central Florida Light Rail
System.
(61) Philadelphia--Schuykill Valley Metro.
(62) Phoenix--Fixed Guideway.
(63) Colorado--Roaring Fork Valley Rail.
(64) Pittsburgh Airborne Shuttle System.
(65) Pittsburgh--MLK Busway Extension.
(66) Portland--South-North Corridor.
(67) Portland--Westside-Hillsboro Corridor.
(68) Raleigh-Durham--Regional Transit Plan.
(69) Sacramento--Folsom Extension.
(70) Sacramento--Placer County Corridor.
(71) Sacramento--South Corridor.
(72) Salt Lake City--Light Rail (Airport to
University of Utah).
(73) Salt Lake City--Ogden-Provo Commuter Rail.
(74) Salt Lake City--South LRT.
(75) San Diego--Mid-Coast LRT Corridor.
(76) San Diego--Mission Valley East Corridor.
(77) San Diego--Oceanside--Escondido Corridor.
(78) San Francisco--BART to San Francisco
International Airport Extension.
(79) San Francisco--Bayshore Corridor.
(80) San Jose--Tasman Corridor Light Rail.
(81) San Juan--Tren Urbano.
(82) San Juan--Tren Urbano Extension to Minellas.
(83) Santa Cruz--Fixed Guideway.
(84) Seattle--Southworth High Speed Ferry.
(85) Seattle--Sound Move Corridor.
(86) South Boston--Piers Transitway.
(87) St. Louis--Cross County Corridor.
(88) Stockton--Altamont Commuter Rail.
(89) Tampa Bay--Regional Rail.
(90) Twin Cities--Northstar Corridor (Downtown
Minneapolis-Anoka County-St. Cloud).
(91) Twin Cities--Transitways Corridors.
(92) Washington-Richmond Rail Corridor
Improvements.
(93) Washington, D.C.--Dulles Corridor Extension.
(94) Washington, D.C.--Largo Extension.
(95) West Trenton Line (West Trenton-Newark).
(96) Westlake--Commuter Rail Link.
(97) Pittsburgh North Shore-Central Business
District Corridor.
(98) Pittsburgh--Stage II Light Rail.
(99) Boston--North-South Rail Link.
(100) Spokane--South Valley Corridor Light Rail.
(101) Miami--Palmetto Metrorail.
(102) Morgantown--Personal Rapid Transit.
(103) Santa Monica--Busway.
(104) Northwest New Jersey--Northeast Rail
Corridor.
(105) Southeastern North Carolina Corridor.
(106) Chicago--Douglas Branch.
(107) San Joaquin--Regional Transit Corridor.
(108) Albuquerque--High Capacity Corridor.
(b) Alternatives Analysis and Preliminary Engineering.--The
following projects are authorized for alternatives analysis and
preliminary engineering for fiscal years 1998 through 2003
under section 5309(m)(1)(B) of title 49, United States Code:
(1) Atlanta--Georgia 400 Multimodal Corridor.
(2) Atlanta--MARTA Extension (S. DeKalb-Lindbergh).
(3) Atlanta--MARTA I-285 Transit Corridor.
(4) Atlanta--MARTA Marietta-Lawrenceville Corridor.
(5) Atlanta--MARTA South DeKalb Comprehensive
Transit Program.
(6) Baltimore--Metropolitan Rail Corridor.
(7) Baltimore--People Mover.
(8) Bergen County Cross--County Light Rail.
(9) Birmingham Transit Corridor.
(10) Boston--Urban Ring.
(11) Charleston--Monobeam.
(12) Chicago--Comiskey Park Station.
(13) Chicago--Inner Circumferential Commuter Rail.
(14) Cumberland/Dauphin County Corridor 1 Commuter
Rail.
(15) Dallas--DART LRT Extensions.
(16) Dallas--Las Colinas Corridor.
(17) Dayton--Regional Riverfront Corridor.
(18) El Paso--International Fixed Guideway (El
Paso-Juarez).
(19) Fremont--South Bay Corridor.
(20) Houston--Advanced Transit Program.
(21) Jacksonville--Fixed Guideway Corridor.
(22) Knoxville--Electric Transit.
(23) Lorain--Cleveland Commuter Rail.
(24) Los Angeles--MOS-4 East Side Extension (II).
(25) Los Angeles--MOS-4 San Fernando Valley East-
West.
(26) Los Angeles--LOSSAN (Del Mar-San Diego).
(27) Maine High Speed Ferry Service.
(28) Maryland Route 5 Corridor.
(29) Memphis--Regional Rail Plan.
(30) Miami--Kendall Corridor.
(31) Miami--Northeast Corridor.
(32) New Jersey Trans-Hudson Midtown Corridor.
(33) New Orleans--Airport--CBD Commuter Rail.
(34) New Orleans--Desire Streetcar.
(35) New York--Astoria--East Elmhurst Extension.
(36) New York--Broadway--Lafayette & Bleecker St
Transfer.
(37) New York--Brooklyn--Manhattan Access.
(38) New York--Lower Manhattan Access.
(39) New York--Manhattan East Side Link.
(40) New York--Midtown West Intermodal Terminal.
(41) New York--Nassau Hub.
(42) New York--North Shore Railroad.
(43) New York--Queens West Light Rail Link.
(44) New York--St. George's Ferry Intermodal
Terminal.
(45) Newburgh--LRT System.
(46) North Front Range Corridor.
(47) Northeast Indianapolis Corridor.
(48) Oakland Airport--BART Connector.
(49) Providence--Pawtucket Corridor.
(50) Philadelphia--Broad Street Line Extension.
(51) Philadelphia--Cross County Metro.
(52) Philadelphia--Lower Merion Township.
(53) Pinellas County--Mobility Initiative Project.
(54) Redlands--San Bernardino Transportation
Corridor.
(55) Riverside--Perris rail passenger service.
(56) Salt Lake City--Draper Light Rail Extension.
(57) Salt Lake City--West Jordan Light Rail
Extension.
(58) San Francisco--CalTrain Extension to
Hollister.
(59) Scranton--Laurel Line Intermodal Corridor.
(60) SEATAC--Personal Rapid Transit.
(61) Toledo--CBD to Zoo.
(62) Union Township Station (Raritan Valley Line).
(63) Washington County Corridor (Hastings-St.
Paul).
(64) Washington, D.C.--Georgetown-Ft. Lincoln.
(65) Williamsburg--Newport News-Hampton LRT.
(66) Cincinnati/N. Kentucky--Northeast Corridor.
(67) Northeast Ohio--commuter rail.
(68) California--North Bay Commuter Rail.
(c) Project Authorizations.--
(1) In general.--Of the total amount made available
by or authorized under section 5338(b) of title 49,
United States Code, to carry out section 5309(m)(1)(B)
for fiscal years 1998 through 2003:
(A) $3,000,000,000 shall be available for
the following projects:
(i) Birmingham Transit Corridor,
$87,500,000.
(ii) San Diego-Mission Valley East
Corridor, $325,000,000.
(iii) Denver-Southeast LRT (I-25
between 6th and Lincoln), $10,000,000.
(iv) Colorado-Roaring Fork Valley
Rail, $40,000,000.
(v) Hartford-Griffin Line,
$33,000,000.
(vi) Bridgeport-Intermodal
Corridor, $34,000,000.
(vii) New London-Waterfront Access,
$10,000,000.
(viii) Old Saybrook-Hartford Rail
Extension, $10,000,000.
(ix) Stamford-Fixed Guideway
Connector, $18,000,000.
(x) Orlando-I-4 Central Florida
Light Rail System, $100,000,000.
(xi) Miami-Palmetto Metrorail,
$8,000,000.
(xii) Tampa Bay-Regional Rail,
$2,000,000.
(xiii) Fort Lauderdale-West Palm
Beach-Miami Tri-County Commuter Rail,
$20,000,000.
(xiv) Miami-East-West Multimodal
Corridor, $20,000,000.
(xv) Chicago-CTA Douglas Branch,
$315,000,000.
(xvi) Indianapolis Region Commuter
Rail, $10,000,000.
(xvii) Sioux City-Light Rail,
$10,000,000.
(xviii) MARC-Commuter Rail
Improvements, $185,000,000.
(xix) Baltimore-Light Rail Double
Track, $120,000,000.
(xx) Boston-North Shore Corridor
and Blue Line Extension to Beverly,
$50,000,000.
(xxi) Twin Cities-Transitways
Corridors, $120,000,000.
(xxii) Twin Cities-Northstar
Corridor (Downtown Minneapolis-Anoka
County-St. Cloud), $6,000,000.
(xxiii) I-35 Commuter Rail,
$30,000,000.
(xxiv) Las Vegas Corridor,
$155,000,000.
(xxv) New Jersey-Bergen County
Cross County Light Rail, $5,000,000.
(xxvi) New Jersey-Trans Hudson
Midtown Corridor, $5,000,000.
(xxvii) Santa Fe-Eldorado Rail
Link, $10,000,000.
(xxviii) Albuquerque Alvarado
Intermodal Center, $5,000,000.
(xxix) Albuquerque Light Rail,
$90,000,000.
(xxx) New York-Long Island Railroad
East Side Access, $353,000,000.
(xxxi) New York-Second Avenue
Subway, $5,000,000.
(xxxii) New York-Whitehall Ferry
Terminal, $40,000,000.
(xxxiii) New York-St. George's
Ferry Intermodal Terminal, $20,000,000.
(xxxiv) New York-Nassau Hub,
$10,000,000.
(xxxv) New Jersey-New York Midtown
West Ferry Terminal, $16,300,000.
(xxxvi) Cincinnati/Northern
Kentucky Corridor, $65,000,000.
(xxxvii) Portland South-North
Corridor, $25,000,000.
(xxxviii) Philadelphia-Schuylkill
Valley Metro, $75,000,000.
(xxxix) Allegheny County Stage II
Light Rail, $100,200,000.
(xl) Philadelphia-Pittsburgh High
Speed Rail, $10,000,000.
(xli) Cumberland/Dauphin County
Corridor 1 Commuter Rail, $20,000,000.
(xlii) Pittsburgh North Shore-
Central Business District, $20,000,000.
(xliii) Providence-Boston Commuter,
$10,000,000.
(xliv) Rhode Island Integrated
Intermodal Transportation, $25,000,000.
(xlv) Dallas-North Central
Extension, $188,000,000.
(xlvi) Dallas-Southeast Corridor,
$20,000,000.
(xlvii) Dallas-Northwest Corridor,
$12,000,000.
(xlviii) Washington, D.C., Dulles
Corridor Extension, $86,000,000.
(xlix) Seattle-Tacoma Commuter
Rail, $40,000,000.
(l) San Joaquin Regional Intermodal
Corridor, $14,000,000.
(li) Railtran Corridor Light Rail,
$12,000,000.
(B) The remainder shall be available for
projects listed in subsections (a) and (b).
(2) Additional funds.--
(A) In general.--The total amount
authorized in section 5338(h)(5) of title 49,
United States Code, for fiscal years 1999
through 2003 shall be available for projects
listed in subsections (a) and (b).
(B) Priority for salt lake city olympics.--
(i) In general.--Of the amount
authorized to be appropriated under
section 5338(h)(5), $640,000,000 is
authorized to be appropriated for the
Salt Lake City Winter Olympic Games for
the following projects:
(I) North/South Light Rail.
(II) Airport to University
of Utah Light Rail.
(III) Intermodal
Facilities.
(IV) Park and Ride Lots.
(V) Bus Acquisition.
(ii) Government share.--The
Government share of the costs of
projects assisted under this
subparagraph shall not exceed 80
percent. For purposes of determining
the nongovernmental share for projects
authorized under this subparagraph,
highway, aviation, and transit projects
shall be considered to be a program of
projects.
(iii) Use of funds.--Funds provided
under this subparagraph shall be
available for planning and capital
assistance.
(3) High priority project.--The Long Island Rail
Road East Side Access project shall be given priority
consideration by the Secretary for funds made available
under paragraph (1)(B). In addition, that project is
authorized for construction with funds available under
section 5338(h)(5) of title 49, United States Code.
(d) Effect of Authorization.--
(1) In general.--
(A) Subsection (A) projects.--Projects
authorized by subsection (a) for final design
and construction are also authorized for
alternatives analysis and preliminary
engineering.
(B) Subsection (B) projects.--Effective
October 1, 2000, projects authorized by
subsection (b) for alternatives analysis and
preliminary engineering are also authorized for
final design and construction.
(2) Fixed guideway authorization.--The project
authorized by subsection (a)(3) includes an additional
28 rapid rail cars and project scope changes from
amounts authorized by the Intermodal Surface
Transportation Efficiency Act of 1991.
(3) Intermodal center authorizations.--
Notwithstanding any other provision of law, each of the
following projects are eligible for funding under
section 5309(m)(1)(C) of title 49, United States Code:
(A) Huntington, West Virginia Intermodal
Facility project.
(B) Huntsville Intermodal Center project.
(e) New Jersey Urban Core Project.--
(1) Allocations.--Section 3031(a) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2122) is amended by adding at the end the
following:
``(3) Allocations.--
``(A) Rail connection between penn station
newark and broad street station, newark.--Of
the amounts made available for the New Jersey
Urban Core Project under section 5309(m)(1)(B)
of title 49, United States Code, for fiscal
years 1998 through 2003, the Secretary shall
set aside 10 percent, but not more than
$5,000,000, per fiscal year for preliminary
engineering, design, and construction of the
rail connection between Penn Station, Newark
and Broad Street Station, Newark.
``(B) Newark--newark international
airport--elizabeth transit link.--Of the
amounts made available for the New Jersey Urban
Core Project under section 5309(m)(1)(B) of
title 49, United States Code, for fiscal years
1998 through 2003, the Secretary, after making
the set aside under subparagraph (A), shall set
aside 10 percent, but not more than $5,000,000,
per fiscal year for preliminary engineering,
design, and construction of the Newark--Newark
International Airport--Elizabeth Transit Link,
including construction of the auxiliary New
Jersey Transit station, described in subsection
(d).
``(C) Light rail connection and alignment
within and serving the city of elizabeth.--Of
amounts made available for the New Jersey Urban
Core Project under section 5309(m)(1)(B) of
title 49, United States Code, for fiscal years
1998 through 2003, the Secretary, after making
the set-aside under subparagraphs (A) and (B),
shall set aside 10 percent but not more than
$5,000,000 per fiscal year for preliminary
engineering, design, and construction of the
light rail connection and alignment within and
serving the city of Elizabeth as described in
subsection (d).''.
(2) Conforming amendment.--Section 3031(c) of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2122) is amended--
(A) by striking ``section 3(i) of the
Federal Transit Act (relating to criteria for
new starts)'' and inserting ``section 5309(e)
of title 49, United States Code,''; and
(B) by striking ``; except'' and all that
follows through ``such element''.
(3) Elements of new jersey urban core project.--
Section 3031(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2122)
is amended--
(A) by inserting after ``Secaucus
Transfer'' the following: ``(including
relocation and construction of the Bergen
County and Pascack Valley Rail Lines and the
relocation of the Main/Bergen Connection with
construction of a rail station and associated
components to and at the contiguous New Jersey
Meadowlands Sports Complex)'';
(B) by striking ``, Newark-Newark
International Airport-Elizabeth Transit Link''
and inserting ``(including a connection from
the Vince Lombardi Station to Saddlebrook and
Edgewater), restoration of commuter rail
service along the Northern Branch Line of the
West Shore Line, Newark-Newark International
Airport-Elizabeth Transit Link (including
construction of an auxiliary New Jersey Light
Rail Transit station directly connected to and
integrated with the Amtrak Northeast Corridor
Station at Newark International Airport,
providing access from the Newark-Newark
International Airport-Elizabeth Light Rail
Transit Link to the Newark International
Airport)''; and
(C) by inserting after ``New York Penn
Station Concourse,'' the following: ``the
restoration of commuter rail service in
Lakewood to Freehold to Matawan or Jamesburg,
New Jersey, as described in section 3035(p) of
the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2131), a
light rail extension of the Newark-Newark
International Airport-Elizabeth Light Rail
Transit Link from Elizabeth, New Jersey, to the
towns of Cranford, Westfield, Fanwood, and
Plainfield in Union County, New Jersey, and any
appropriate light rail connections and
alignments within the city of Elizabeth to be
determined by the city of Elizabeth and the New
Jersey Department of Transportation (and which
shall include connecting midtown Elizabeth to
Route 1 Park and Ride, the Elizabeth Car House
Museum, Division Street, Singer Place, Ferry
Terminal, Jersey Gardens Mall, Elizabeth Port
to Lot D at Newark Airport) and any appropriate
fixed guideway system in Passaic County,''.
(f) Los Angeles MOS-3 Project.--
(1) In general.--For purposes of this section, the
Los Angeles MOS-3 project referenced in subsection
(a)(38) may include any fixed guideway project or
projects selected by the Los Angeles County
Metropolitan Transportation Authority for development
in the transportation corridors to be served by the 3
extensions of MOS-3 of the Los Angeles County Metro
Rail project, as described in section 3034(i) of the
Intermodal Surface Transportation Efficiency Act of
1991.
(2) Alternatives.--In considering fixed guideway
alternatives and selecting any revised preferred
alternative in the East Side or Mid City corridors of
MOS-3, the Los Angeles County Metropolitan
Transportation Authority shall--
(A) fully evaluate the potential impact of
the alternatives on the integrity of the
neighborhoods in the corridor involved;
(B) address the capacity of the
alternatives to serve transit dependent riders;
(C) identify and address any
disproportionately high and adverse effects on
minority and low income populations, in
accordance with the Executive Order on Federal
Actions to Address Environmental Justice (EO
12898; February 11, 1994); and
(D) otherwise comply with all applicable
Federal and State planning and environmental
requirements.
(g) Baltimore-Washington Transportation Improvements
Program.--Section 3035(nn) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2134) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, and alternatives for
double tracking and related improvements''
after ``Penn Station extensions'';
(B) by inserting ``shall provide for double
tracking and related improvements and'' after
``under this paragraph''; and
(C) by inserting after the first sentence
the following: ``Funds for projects under this
paragraph shall be provided at an 80 percent
Government share. In applying the local share
evaluation criteria in section 5309, of title
49, United States Code, the Secretary shall
compare the aggregate expenditure of State and
local funds, including Federal highway funds
provided by the State of Maryland, for all
phases of the Central Corridor Light Rail
project.''; and
(2) in paragraph (2)--
(A) in the first sentence, by inserting ``,
including capacity and efficiency improvements
through construction of a Penn-Camden
Connection, MARC maintenance and storage
facilities, and other capacity related
improvements, and the Silver Spring Intermodal
Center'' before the period; and
(B) in the second sentence, by inserting
``provide for construction of the Penn-Camden
Connection, MARC maintenance and storage
facilities, and other capacity related
improvements, and the Silver Spring Intermodal
Center, and shall'' after ``shall''.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.
(a) Guaranteed Funding.--Of the amounts made available to
carry out section 5309(m)(1)(C) of title 49, United States
Code, for each of fiscal years 1999 and 2000, the Secretary
shall make funds available for the following projects in not
less than the amounts specified for the fiscal year:
------------------------------------------------------------------------
FY 1999 FY 2000
Project (in (in
millions) millions)
------------------------------------------------------------------------
1. Albuquerque, NM buses........................ 1.250 1.250
2. Alexandria, VA bus maintenance facility...... 1.000 1.000
3. Alexandria, VA King Street Station access.... 1.100 0.000
4. Altoona, PA Metro Transit Authority buses and
transit system improvements...................... 0.842 0.842
5. Altoona, PA Metro Transit Authority Logan
Valley Mall Suburban Transfer Center............. 0.080 0.000
6. Altoona, PA Metro Transit Authority Transit
Center improvements.............................. 0.424 0.000
7. Arkansas Highway and Transit Department buses 0.200 2.000
8. Armstrong County-Mid County, PA bus
facilities and buses............................. 0.150 0.150
9. Atlanta, GA MARTA buses...................... 9.000 13.500
10. Austin, TX buses............................. 1.250 1.250
11. Babylon, NY Intermodal Center................ 1.250 1.250
12. Birmingham-Jefferson County, AL buses........ 1.250 1.250
13. Boulder/Denver, CO RTD buses................. 0.625 0.625
14. Bradford County, Endless Mountain
Transportation Authority buses................... 1.000 0.000
15. Brookhaven Town, NY elderly and disabled
buses and vans................................... 0.225 0.000
16. Brooklyn-Staten Island, NY Mobility
Enhancement buses................................ 0.800 0.000
17. Broward County, FL buses..................... 1.000 0.000
18. Buffalo, NY Auditorium Intermodal Center..... 2.000 2.000
19. Buffalo, NY Crossroads Intermodal Station.... 1.000 0.000
20. Cambria County, PA bus facilities and buses.. 0.575 0.575
21. Centre Area, PA Transportation Authority
buses............................................ 1.250 1.250
22. Chambersburg, PA Transit Authority buses..... 0.300 0.000
23. Chambersburg, PA Transit Authority Intermodal
Center........................................... 1.000 0.000
24. Chester County, PA Paoli Transportation
Center........................................... 1.000 1.000
25. Altoona, PA Pedestrian Crossover............. .800 0.000
26. Cleveland, OH Triskett Garage bus maintenance
facility......................................... 0.625 0.625
27. Crawford Area, PA Transportation buses....... 0.500 0.000
28. Culver City, CA CityBus buses................ 1.250 1.250
29. Davis, CA Unitrans transit maintenance
facility......................................... 0.625 0.625
30. Dayton, OH Multimodal Transportation Center.. 0.625 0.625
31. Daytona, FL Intermodal Center................ 2.500 2.500
32. Duluth, MN Transit Authority community
circulation vehicles............................. 1.000 1.000
33. Duluth, MN Transit Authority intelligent
transportation systems........................... 0.500 0.500
34. Duluth, MN Transit Authority Transit Hub..... 0.500 0.500
35. Dutchess County, NY Loop System buses........ 0.521 0.521
36. East Hampton, NY elderly and disabled buses
and vans......................................... 0.100 0.000
37. Erie, PA Metropolitan Transit Authority buses 1.000 1.000
38. Everett, WA Multimodal Transportation Center. 1.950 1.950
39. Fayette County, PA Intermodal Facilities and
buses............................................ 1.270 1.270
40. Fayetteville, AR University of Arkansas
Transit System buses............................. 0.500 0.500
41. Fort Dodge, IA Intermodal Facility (Phase II) 0.885 0.885
42. Gary, IN Transit Consortium buses............ 1.250 1.250
43. Grant County, WA buses and vans.............. 0.600 0.000
44. Greensboro, NC Multimodal Center............. 3.340 3.339
45. Greensboro, NC Transit Authority buses....... 1.500 1.500
46. Greensboro, NC Transit Authority small buses
and vans......................................... 0.321 0.000
47. Hartford, CT Transportation Access Project... 0.800 0.000
48. Healdsburg, CA Intermodal Facility........... 1.000 1.000
49. Honolulu, HI bus facility and buses.......... 2.250 2.250
50. Hot Springs, AR Transportation Depot and
Plaza............................................ 0.560 0.560
51. Humboldt, CA Intermodal Facility............. 1.000 0.000
52. Huntington, WV Intermodal Facility........... 8.000 12.000
53. Illinois statewide buses and bus-related
equipment........................................ 6.800 8.200
54. Indianapolis, IN buses....................... 5.000 5.000
55. Iowa/Illinois Transit Consortium bus safety
and security..................................... 1.000 1.000
56. Ithaca, NY TCAT bus technology improvements.. 1.250 1.250
57. Lackawanna County, PA Transit System buses... 0.600 0.600
58. Lakeland, FL Citrus Connection transit
vehicles and related equipment................... 1.250 1.250
59. Lane County, OR Bus Rapid Transit............ 4.400 4.400
60. Lansing, MI CATA bus technology improvements. 0.600 0.000
61. Little Rock, AR Central Arkansas Transit
buses............................................ 0.300 0.300
62. Livermore, CA automatic vehicle locator...... 1.000 1.000
63. Long Island, NY CNG transit vehicles and
facilities....................................... 1.250 1.250
64. Los Angeles County, CA Foothill Transit buses 1.625 1.250
65. New York, NY West 72nd St. Intermodal Station 1.750 1.750
66. Los Angeles, CA San Fernando Valley smart
shuttle buses.................................... 0.300 0.000
67. Los Angeles, CA Union Station Gateway
Intermodal Transit Center........................ 1.250 1.250
68. Maryland statewide bus facilities and buses.. 7.000 11.500
69. Rensslear, NY Rensslear Intermodal Bus
Facility......................................... 1.000 6.000
70. Mercer County, PA buses...................... 0.750 0.000
71. Miami Beach, FL Electric Shuttle Service..... 0.750 0.750
72. Miami-Dade, FL buses......................... 2.250 2.250
73. Michigan statewide buses..................... 10.000 13.500
74. Milwaukee County, WI buses................... 4.000 6.000
75. Mineola/Hicksville, NY LIRR Intermodal
Centers.......................................... 1.250 1.250
76. Modesto, CA bus maintenance facility......... 0.625 0.625
77. Monroe County, PA Transportation Authority
buses............................................ 1.000 0.000
78. Monterey, CA Monterey-Salinas buses.......... 0.625 0.625
79. Morongo Basin, CA Transit Authority bus
facility......................................... 0.650 0.000
80. New Haven, CT bus facility................... 2.250 2.250
81. New Jersey Transit jitney shuttle buses...... 1.750 1.750
82. Newark, NJ Morris & Essex Station access and
buses............................................ 1.250 1.250
83. Northstar Corridor, MN Intermodal Facilities
and buses........................................ 6.000 10.000
84. Norwich, CT buses............................ 2.250 2.250
85. Ogden, UT Intermodal Center.................. 0.800 0.800
86. Oklahoma statewide bus facilities and buses.. 5.000 5.000
87. Orlando, FL Downtown Intermodal Facility..... 2.500 2.500
88. Providence, RI buses and bus maintenance
facility......................................... 2.250 3.294
89. Perris, CA bus maintenance facility.......... 1.250 1.250
90. Philadelphia, PA Frankford Transportation
Center........................................... 5.000 5.000
91. Philadelphia, PA Intermodal 30th Street
Station.......................................... 1.250 1.250
92. Portland, OR Tri-Met buses................... 1.750 1.750
93. Pritchard, AL bus transfer facility.......... 0.500 0.000
94. Reading, PA BARTA Intermodal Transportation
Facility......................................... 1.750 1.750
95. Red Rose, PA Transit Bus Terminal............ 1.000 0.000
96. Richmond, VA GRTC bus maintenance facility... 1.250 1.250
97. Riverhead, NY elderly and disabled buses and
vans............................................. 0.125 0.000
98. Robinson, PA Towne Center Intermodal Facility 1.500 1.500
99. Rome, NY Intermodal Center................... 0.400 0.000
100. Sacramento, CA CNG buses..................... 1.250 1.250
101. San Francisco, CA Islais Creek Maintenance
Facility......................................... 1.250 1.250
102. San Juan, Puerto Rico Intermodal access...... 0.600 0.600
103. Santa Clarita, CA facilities and buses....... 1.250 1.250
104. Santa Cruz, CA bus facility.................. 0.625 0.625
105. Santa Rosa/Cotati, CA Intermodal
Transportation Facilities........................ 0.750 0.750
106. Seattle, WA Intermodal Transportation
Terminal......................................... 1.250 1.250
107. Shelter Island, NY elderly and disabled buses
and vans......................................... 0.100 0.000
108. Smithtown, NY elderly and disabled buses and
vans............................................. 0.125 0.000
109. Somerset County, PA bus facilities and buses. 0.175 0.175
110. South Amboy, NJ Regional Intermodal
Transportation Initiative........................ 1.250 1.250
111. South Bend, IN Urban Intermodal
Transportation Facility.......................... 1.250 1.250
112. South Carolina statewide Virtual Transit
Enterprise....................................... 1.220 1.220
113. South Dakota statewide bus facilities and
buses............................................ 1.500 1.500
114. Southampton, NY elderly and disabled buses
and vans......................................... 0.125 0.000
115. Southold, NY elderly and disabled buses and
vans............................................. 0.100 0.000
116. Springfield, MA Union Station................ 1.250 1.250
117. St. Louis, MO Bi-state Intermodal Center..... 1.250 1.250
118. Denver, CO Stapleton Intermodal Center....... 1.250 1.250
119. Suffolk County, NY elderly and disabled buses
and vans......................................... 0.100 0.000
120. Texas statewide small urban and rural buses.. 4.000 4.500
121. Towamencin Township, PA Intermodal Bus
Transportation Center............................ 1.500 1.500
122. Tuscaloosa, AL Intermodal Center............. 1.000 0.000
123. Ukiah, CA Transportation Center.............. 0.500 0.000
124. Utah Transit Authority, UT Intermodal
Facilities....................................... 1.500 1.500
125. Utah Transit Authority/Park City Transit, UT
buses............................................ 6.500 6.500
126. Utica, NY Union Station...................... 2.100 2.100
127. Utica and Rome, NY bus facilities and buses.. 0.500 0.000
128. Washington County, PA Intermodal Facilities.. 0.630 0.630
129. Washington, D.C. Intermodal Transportation
Center........................................... 2.500 2.500
130. Washoe County, NV transit improvements....... 2.250 2.250
131. Waterbury, CT bus facility................... 2.250 2.250
132. West Virginia statewide Intermodal Facility
and buses........................................ 5.000 5.000
133. Westchester County, NY Bee-Line transit
system fareboxes................................. 0.979 0.979
134. Westchester County, NY Bee-Line transit
system shuttle buses............................. 1.000 1.000
135. Westchester County, NY DOT articulated buses. 1.250 1.250
136. Westmoreland County, PA Intermodal Facility.. 0.200 0.200
137. Wilkes-Barre, PA Intermodal Facility......... 1.250 1.250
138. Williamsport, PA Bus Facility................ 1.200 1.200
139. Windsor, CA Intermodal Facility.............. 0.750 0.750
140. Wisconsin statewide bus facilities and buses. 8.000 12.000
141. Woodland Hills, CA Warner Center
Transportation Hub............................... 0.325 0.625
142. Worcester, MA Union Station Intermodal
Transportation Center............................ 2.500 2.500
143. Lynchburg, VA buses.......................... 0.200 0.000
144. Harrisonburg, VA buses....................... 0.200 0.000
145. Roanoke, VA buses............................ 0.200 0.000
146. Allegheny County, PA buses................... 0.000 1.500
147. Mount Vernon, WA Multimodal Center........... 1.750 1.750
148. New Bedford/Fall River, MA Mobile Access to
health care...................................... 0.250 0.000
149. Philadelphia, PA Regional Transportation
System for Elderly and Disabled.................. 0.750 0.000
150. Clark County, NV Regional Transportation
Commission....................................... 1.250 1.250
------------------------------------------------------------------------
(b) General Fund Authorization.--Of the amounts authorized
to be appropriated to carry out section 5309(m)(1)(C) of title
49, United States Code, for each of fiscal years 1999 and 2000,
there are authorized to be appropriated for the following
projects:
------------------------------------------------------------------------
FY 1999 FY 2000
Project (in (in
millions) millions)
------------------------------------------------------------------------
1. Everett, WA Multimodal Transportation Center. 1.000 1.000
2. Rennslear, NY Rennslear Intermodal Bus
Facility......................................... 4.000 0.000
3. Rochester, NY Rochester Central Bus Facility. 12.500 12.500
4. Long Beach, NY Long Beach Central Bus
Facility......................................... 0.750 0.750
5. Broome County, NY Buses and Related Equipment 2.700 2.700
6. Long Island, NY CNG Transit Vehicles and
Facilities....................................... 3.050 3.050
------------------------------------------------------------------------
SEC. 3032. CONTRACTING OUT STUDY.
(a) Study.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall enter into an
agreement with the Transportation Research Board of the
National Academy of Sciences to conduct a study of the effect
of contracting out mass transportation operationand
administrative functions on cost, availability and level of service,
efficiency, safety, quality of services provided to transit-dependent
populations, and employer-employee relations.
(b) Terms of Agreement.--The agreement entered into in
subsection (a) shall provide that--
(1) the Transportation Research Board, in
conducting the study, consider the number of grant
recipients that have contracted out services, the size
of the population served by such grant recipients, the
basis for decisions regarding contracting out, and the
extent to which contracting out was affected by the
integration and coordination of resources of transit
agencies and other Federal agencies and programs; and
(2) the panel conducting the study shall include
representatives of transit agencies, employees of
transit agencies, private contractors, academic and
policy analysts, and other interested persons.
(c) Report.--Not later than 24 months after the date of
entry into the agreement under subsection (a), the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a report containing the results of the study.
(d) Funding.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out this
section $250,000 for fiscal year 1998.
(e) Contractual Obligation.--Entry into an agreement to
carry out this section that is financed with amounts made
available under subsection (c) is a contractual obligation of
the United States to pay the Government's share of the cost of
the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY.
(a) Study.--The Secretary shall conduct a study to
determine whether the formula for apportioning funds to
urbanized areas under section 5336 of title 49, United States
Code, accurately reflects the transit needs of the urbanized
areas and, if not, whether any changes should be made either to
the formula or through some other mechanism to reflect the fact
that some urbanized areas with a population between 50,000 and
200,000 have transit systems that carry more passengers per
mile or hour than the average of those transit systems in
urbanized areas with a population over 200,000.
(b) Report.--Not later than December 31, 1999, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a report on the results of the study conducted under this
section, together with any proposed changes to the method for
apportioning funds to urbanized areas with a population over
50,000.
SEC. 3034. COORDINATED TRANSPORTATION SERVICES.
(a) Study.--The Comptroller General shall conduct a study
of Federal departments and agencies (other than the Department
of Transportation) that receive Federal financial assistance
for non-emergency transportation services.
(b) Contents.--In conducting the study, the Comptroller
General shall--
(1) identify each Federal department and agency
(other than the Department of Transportation) that has
received Federal financial assistance for non-emergency
transportation services in any of the 3 fiscal years
preceding the date of enactment of this Act;
(2) identify the amount of such assistance received
by each Federal department and agency in such fiscal
years; and
(3) identify the projects and activities funded
using such financial assistance.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report containing the results
of the study and any recommendations for enhanced coordination
between the Department of Transportation and other Federal
departments and agencies that provide funding for non-emergency
transportation.
SEC. 3035. FINAL ASSEMBLY OF BUSES.
(a) In General.--All buses manufactured on or after
September 1, 1999, that are purchased with Federal funds by
recipients of assistance from the Federal Transit
Administration shall conform with the Federal Transit
Administration Guidance on Buy America Requirements, dated
March 18, 1997.
(b) Rule of Construction.--For purposes of this section, a
bus shall be considered to be manufactured on or after
September 1, 1999, if the manufacturing process for that bus is
not completed on or before August 31, 1999.
SEC. 3036. CLEAN FUEL VEHICLES.
(a) Study.--The Comptroller General shall conduct a study
of the various low and zero emission fuel technologies for
transit vehicles, including compressed natural gas, liquefied
natural gas, biodiesel fuel, battery, alcohol based fuel,
hybrid electric, fuel cell, and clean diesel to determine--
(1) the status of the development and use of such
technologies;
(2) the environmental benefits of such technologies
under the Clean Air Act; and
(3) the cost of such technologies and any
associated equipment.
(b) Report.--Not later than January 1, 2000, the
Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing and Urban
Affairs of the Senate a report on the results of the study,
together with recommendations for incentives to encourage the
use of low and zero emission fuel technology for transit
vehicles.
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.
(a) Findings.--Congress finds that--
(1) two-thirds of all new jobs are in the suburbs,
whereas three-quarters of welfare recipients live in
rural areas or central cities;
(2) even in metropolitan areas with excellent
public transit systems, less than half of the jobs are
accessible by transit;
(3) in 1991, the median price of a new car was
equivalent to 25 weeks of salary for the average
worker, and considerably more for the low-income
worker;
(4) not less than 9,000,000 households and
10,000,000 Americans of driving age, most of whom are
low-income workers, do not own cars;
(5) 94 percent of welfare recipients do not own
cars;
(6) nearly 40 percent of workers with annual
incomes below $10,000 do not commute by car;
(7) many of the 2,000,000 Americans who will have
their Temporary Assistance to Needy Families grants
(under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.))
terminated by the year 2002 will be unable to get to
jobs they could otherwise hold;
(8) increasing the transit options for low-income
workers, especially those who are receiving or who have
recently received welfare benefits, will increase the
likelihood of those workers getting and keeping jobs;
and
(9) many residents of cities and rural areas would
like to take advantage of mass transit to gain access
to suburban employment opportunities.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Eligible low-income individual.--The term
``eligible low-income individual'' means an individual
whose family income is at or below 150 percent of the
poverty line (as that term is defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by that
section) for a family of the size involved.
(2) Eligible project and related terms.--
(A) In general.--The term ``eligible
project'' means an access to jobs project or a
reverse commute project.
(B) Access to jobs project.--The term
``access to jobs project'' means a project
relating to the development of transportation
services designed to transport welfare
recipients and eligible low-income individuals
to and from jobs and activities related to
their employment. The Secretary may make access
to jobs grants for--
(i) capital projects and to finance
operating costs of equipment,
facilities, and associated capital
maintenance items related to providing
access to jobs under this section;
(ii) promoting the use of transit
by workers with nontraditional work
schedules;
(iii) promoting the use by
appropriate agencies of transit
vouchers for welfare recipients and
eligible low-income individuals under
specific terms and conditions developed
by the Secretary; and
(iv) promoting the use of employer-
provided transportation, including the
transit pass benefit program under
section 132 of the Internal Revenue
Code of 1986.
(C) Reverse commute project.--The term
``reverse commute project' means a project
related to the development of transportation
services designed to transport residents of
urban areas, urbanized areas, and areas other
than urbanized areas to suburban employment
opportunities, including any project to--
(i) subsidize the costs associated
with adding reverse commute bus, train,
carpool, van routes, or service from
urban areas, urbanized areas, and areas
other than urbanized areas, to suburban
workplaces;
(ii) subsidize the purchase or
lease by a nonprofit organization or
public agency of a van or bus dedicated
to shuttling employees from their
residences to a suburban workplace; or
(iii) otherwise facilitate the
provision of mass transportation
services to suburban employment
opportunities.
(3) Existing transportation service providers.--The
term ``existing transportation service providers''
means mass transportation operators and governmental
agencies and nonprofit organizations that receive
assistance from Federal, State, or local sources for
nonemergency transportation services.
(4) Qualified entity.--The term ``qualified
entity'' means--
(A) with respect to any proposed eligible
project in an urbanized area with a population
of at least 200,000, the applicant or
applicants selected by the appropriate
metropolitan planning organization that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among local governmental
authorities and agencies and nonprofit
organizations; and
(B) with respect to any proposed eligible
project in an urbanized area with a population
of at least 200,000, or an area other than an
urbanized area, the applicant or applicants
selected by the chief executive officer of the
State in which the area is located that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among local governmental
authorities and nonprofit organizations.
(5) Welfare recipient.--The term ``welfare
recipient'' means an individual who receives or
received aid or assistance under a State program funded
under part A of title IV of the Social Security Act
(whether in effect before or after the effective date
of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2110)) at any
time during the 3-year period before the date on which
the applicant applies for a grant under this section.
(c) General Authority.--
(1) In general.--The Secretary may make access to
jobs grants and reverse commute grants under this
section to assist qualified entities in financing
eligible projects.
(2) Coordination.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
(d) Applications.--Each qualified entity seeking to receive
a grant under this section for an eligible project shall submit
to the Secretary an application in such form and in accordance
with such requirements as the Secretary shall establish.
(e) Prohibition.--Grants awarded under this section may not
be used for planning or coordination activities.
(f) Factors for Consideration.--In awarding grants under
this section to applicants under subsection (d), the Secretary
shall consider--
(1) the percentage of the population in the area to
be served by the applicant that are welfare recipients;
(2) in the case of an applicant seeking assistance
to finance an access to jobs project, the need for
additional services in the area to be served by the
applicant (including bicycling) to transport welfare
recipients and eligible low-income individuals to and
from specified jobs, training, and other employment
support services, and the extent to which the proposed
services will address those needs;
(3) the extent to which the applicant
demonstrates--
(A) coordination with, and the financial
commitment of, existing transportation service
providers; and
(B) coordination with the State agency that
administers the State program funded under part
A of title IV of the Social Security Act;
(4) the extent to which the applicant demonstrates
maximum utilization of existing transportation service
providers and expands transit networks or hours of
service, or both;
(5) the extent to which the applicant demonstrates
an innovative approach that is responsive to identified
service needs;
(6) the extent to which the applicant--
(A) in the case of an applicant seeking
assistance to finance an access to jobs
project, presents a regional transportation
plan for addressing the transportation needs of
welfare recipients and eligible low-income
individuals; and
(B) identifies long-term financing
strategies to support the services under this
section;
(7) the extent to which the applicant demonstrates
that the community to be served has been consulted in
the planning process; and
(8) in the case of an applicant seeking assistance
to finance a reverse commute project, the need for
additional services identified in a regional
transportation plan to transport individuals to
suburban employment opportunities, and the extent to
which the proposed services will address those needs.
(g) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a competitive
basis.
(h) Cost Sharing.--
(1) Maximum amount.--The amount of a grant under
this section may not exceed 50 percent of the total
project cost.
(2) Nongovernmental share.--
(A) In general.--The portion of the total
cost of an eligible project that is not funded
under this section--
(i) shall be provided in cash from
sources other than revenues from
providing mass transportation, but may
include amounts received under a
service agreement; and
(ii) may be derived from amounts
appropriated to or made available to a
department or agency of the Federal
Government (other than the Department
of Transportation) that are eligible to
be expended for transportation.
(B) Inapplicability.--For purposes of
subparagraph (A)(ii), the prohibitions on the
use of funds for matching requirements under
section 403(a)(5)(C)(ii) of the Social Security
Act shall not apply to Federal or State funds
to be used for transportation services.
(i) Planning Requirements.--
(1) In general.--The requirements of sections 5303
through 5306 of title 49, United States Code, apply to
any grant made under this section.
(2) Coordination.--Each application for a grant
under this section shall reflect coordination with and
the approval of affected transit grant recipients. The
eligible access to jobs projects financed under this
section shall be part of a coordinated public transit-
human services transportation planning process.
(j) Grant Requirements.--A grant under this section shall
be subject to--
(1) all of the terms and conditions to which a
grant made under section 5307 of title 49, United
States Code, is subject; and
(2) such other terms and conditions as are
determined by the Secretary.
(k) Program Evaluation.--
(1) Comptroller general.--Beginning 6 months after
the date of enactment of this Act, and every 6 months
thereafter, the Comptroller General of the United
States shall--
(A) conduct a study to evaluate the grant
program authorized under this section; and
(B) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of each
study under subparagraph (A).
(2) Department of transportation.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall--
(A) conduct a study to evaluate the access
to jobs grant program authorized under this
section; and
(B) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the
study under subparagraph (A).
(l) Authorization and Allocation.--
(1) In general.--
(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out this section--
(i) $40,000,000 for fiscal year
1999;
(ii) $60,000,000 for fiscal year
2000;
(iii) $80,000,000 for fiscal year
2001;
(iv) $100,000,000 for fiscal year
2002; and
(v) $120,000,000 for fiscal year
2003.
(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out this section--
(i) $10,000,000 for fiscal year
1999;
(ii) $15,000,000 for fiscal year
2000;
(iii) $20,000,000 for fiscal year
2001;
(iv) $25,000,000 for fiscal year
2002; and
(v) $30,000,000 for fiscal year
2003.
(C) Additional amounts from the general
fund.--In addition to amounts made available
under subparagraphs (A) and (B), there are
authorized to be appropriated to carry out this
section--
(i) $100,000,000 for fiscal year
1999;
(ii) $75,000,000 for fiscal year
2000;
(iii) $50,000,000 for fiscal year
2001; and
(iv) $25,000,000 for fiscal year
2002.
(2) Set-aside for reverse commute projects.--Of
amounts made available by or appropriated under
subparagraphs (A) and (B) of paragraph (1) to carry out
this section in each fiscal year, not more than
$10,000,000 shall be used for grants for reverse
commute projects.
(3) Allocation.--The amounts made available by or
appropriated under paragraph (1) to carry out this
section in each fiscal year shall be allocated as
follows:
(A) 60 percent shall be allocated for
eligible projects in urbanized areas with
populations of at least 200,000.
(B) 20 percent shall be allocated for
eligible projects in urbanized areas with
populations of at least 200,000.
(C) 20 percent shall be allocated for
eligible projects in areas other than urbanized
areas.
SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.
(a) Definitions.--In this section, the following
definitions apply:
(1) Intercity, fixed-routeover-the-road bus
service.--The term ``intercity, fixed-route over-the-road bus service''
means regularly scheduled bus service for the general public, using an
over-the-road bus, that--
(A) operates with limited stops over fixed
routes connecting 2 or more urban areas not in
close proximity;
(B) has the capacity for transporting
baggage carried by passengers; and
(C) makes meaningful connections with
scheduled intercity bus service to more distant
points.
(2) Other over-the-road bus service.--The term
``other over-the-road bus service'' means any other
transportation using over-the-road buses including
local fixed-route service, commuter service, and
charter or tour service (including tour or excursion
service that includes features in addition to bus
transportation such as meals, lodging, admission to
points of interest or special attractions or the
services of a tour guide).
(3) Over-the-road bus.--The term ``over-the-road
bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.
(b) General Authority.--The Secretary shall make grants
under this section to operators of over-the-road buses to
finance the incremental capital and training costs of complying
with the Department of Transportation's final rule regarding
accessibility of over-the-road buses required by section
306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12186(a)(2)(B)).
(c) Grant Criteria.--In selecting applicants for grants
under this section, the Secretary shall consider--
(1) the identified need for over-the-road bus
accessibility for persons with disabilities in the
areas served by the applicant;
(2) the extent to which the applicant demonstrates
innovative strategies and financial commitment to
providing access to over-the-road buses to persons with
disabilities;
(3) the extent to which the over-the-road bus
operator acquires equipment required by the final rule
prior to any required timeframe in the final rule;
(4) the extent to which financing the costs of
complying with the Department of Transportation's final
rule regarding accessibility of over-the-road buses
presents a financial hardship for the applicant; and
(5) the impact of accessibility requirements on the
continuation of over-the-road bus service,
withparticular consideration of the impact of the requirements on
service to rural areas and for low-income individuals.
(d) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a competitive
basis.
(e) Federal Share of Costs.--The Federal share of costs
under this section shall be provided from funds made available
to carry out this section. The Federal share of the costs for a
project shall not exceed 50 percent of the project cost.
(f) Grant Requirements.--A grant under this section shall
be subject to all of the terms and conditions applicable to
subrecipients who provide intercity bus transportation under
section 5311(f) of title 49, United States Code, and such other
terms and conditions as the Secretary may prescribe.
(g) Funding.--
(1) Intercity, fixed-route over-the-road bus
service.--Of amounts made available by or appropriated
under section 5338(a)(2) of title 49, United States
Code, (before allocation under section 5338(a)(2)(C) of
that title) the following amounts shall be available
for operators of intercity, fixed-route over-the-road
bus service to finance the incremental capital and
training costs of the Department of Transportation's
final rule regarding accessibility of over-the-road
buses:
(A) $2,000,000 for fiscal year 1999.
(B) $2,000,000 for fiscal year 2000.
(C) $3,000,000 for fiscal year 2001.
(D) $5,250,000 for fiscal year 2002.
(E) $5,250,000 for fiscal year 2003.
(2) Other over-the-road bus service.--Of amounts
made available by or appropriated under section
5338(a)(2) of title 49, United States Code, (before
allocation under section 5338(a)(2)(C) of that title)
$6,800,000 shall be available for each of fiscal years
2000 through 2003 for operators of other over-the-road
bus service to finance the incremental capital and
training costs of the Department of Transportation's
final rule regarding accessibility of over-the-road
buses.
SEC. 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND RELATED PUBLIC
LANDS.
(a) Purposes.--The purposes of this section are to
encourage and promote the development of transportation systems
for the betterment of the national parks and other units of the
National Park System, national wildlife refuges, recreational
areas, and other public lands in order to conserve natural,
historical, and cultural resources and prevent adverse impact,
relieve congestion, minimize transportation fuel consumption,
reduce pollution (including noise and visual pollution), and
enhance visitor mobility and accessibility and the visitor
experience.
(b) Study.--
(1) In general.--The Secretary, in coordination
with the Secretary of the Interior, shall undertake a
comprehensive study of alternative transportation needs
in national parks and related public lands managed by
Federal land management agencies in order to carry out
the purposes described in subsection (a). The study
shall be submitted to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate not later than January 1, 2000.
(2) Study elements.--The study required by
paragraph (1) shall--
(A) identify transportation strategies that
improve the management of the national parks
and related public lands;
(B) identify national parks and related
public lands with existing and potential
problems of adverse impact, high congestion,
and pollution, or which can benefit from
alternative transportation modes;
(C) assess the feasibility of alternative
transportation modes; and
(D) identify and estimate the costs of
alternative transportation modes for each of
the national parks and related public lands
referred to in paragraph (1).
SEC. 3040. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Mass
Transit Account of the Highway Trust Fund by, and amounts
appropriated under, subsections (a) through (f) of section 5338
of title 49, United States Code, and subparagraphs (A) and (B)
of section 3037(l)(1) of this Act, shall not exceed--
(1) $5,315,000,000 in fiscal year 1999;
(2) $5,798,000,000 in fiscal year 2000;
(3) $6,271,000,000 in fiscal year 2001;
(4) $6,746,000,000 in fiscal year 2002; and
(5) $7,226,000,000 in fiscal year 2003.
SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF
1997.
(a) In General.--Notwithstanding any other provision of
law, the Secretary shall ensure that the total apportionments
and allocations made to a designated grant recipient under
section 5338 of title 49, United States Code, for fiscal year
1998 shall be reduced by the amount apportioned to such
designated recipient pursuant to section 8 of the Surface
Transportation Extension Act of 1997 (111 Stat. 2559).
(b) Fixed Guideway Modernization Adjustment.--In making the
apportionments described in subsection (a), the Secretary shall
adjust the amount apportioned to each urbanized area for fixed
guideway modernization for fiscal year 1998 to reflect the
method for apportioning funds in section 5337(a) of title 49,
United States Code.
TITLE IV--MOTOR CARRIER SAFETY
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
SEC. 4002. STATEMENT OF PURPOSES.
(a) In General.--Chapter 311 is amended by inserting before
section 31101 the following:
``Sec. 31100. Purpose
``The purpose of this subchapter is to ensure that the
Secretary, States, and other political jurisdictions work in
partnership to establish programs to improve motor carrier,
commercial motor vehicle, and driver safety to support a safe
and efficient transportation system by--
``(1) focusing resources on strategic safety
investments to promote safe for-hire and private
transportation, including transportation of passengers
and hazardous materials, to identify high-risk carriers
and drivers, and to invest in activities likely to
generate maximum reductions in the number and severity
of commercial motor vehicle crashes;
``(2) increasing administrative flexibility and
developing and enforcing effective, compatible, and
cost-beneficial motor carrier, commercial motor
vehicle, and driver safety regulations and practices,
including improving enforcement of State and local
traffic safety laws and regulations;
``(3) assessing and improving statewide program
performance by setting program outcome goals, improving
problem identification and countermeasures planning,
designing appropriate performance standards, measures,
and benchmarks, improving performance information and
analysis systems, and monitoring program effectiveness;
``(4) ensuring that drivers of commercial motor
vehicles and enforcement personnel obtain adequate
training in safe operational practices and regulatory
requirements; and
``(5) advancing promising technologies and
encouraging adoption of safe operational practices.''.
(b) Conforming Amendment.--The analysis for chapter 311 is
amended by inserting before the item relating to section 31101
the following:
``31100. Purpose.''.
SEC. 4003. STATE GRANTS.
(a) Definitions.--Section 31101 is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``or gross vehicle
weight'' after ``rating''; and
(B) by striking ``10,000 pounds'' and
inserting ``10,001 pounds, whichever is
greater''; and
(2) in paragraph (1)(C) by inserting ``and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section
5103'' after ``title''.
(b) Performance-Based Grants and Hazardous Materials
Transportation Safety.--Section 31102 is amended--
(1) in subsection (a)--
(A) by inserting ``improving motor carrier
safety and'' after ``programs for''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial
motor vehicle safety''; and
(2) in the first sentence of paragraph (b)(1)--
(A) by striking ``adopt and assume
responsibility for enforcing'' and inserting
``assume responsibility for improving motor
carrier safety and to adopt and enforce''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial
motor vehicle safety''.
(c) Contents of State Plans.--Section 31102(b)(1) is
amended--
(1) in subparagraph (J) by inserting ``(1)'' after
``(c)'';
(2) by striking subparagraphs (K), (L), and (M) and
inserting the following:
``(K) ensures that the State agency will coordinate
the plan, data collection, and information systems with
State highway safety programs under title 23;
``(L) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions
receiving funding under this section;
``(M) ensures that information is exchanged among
the States in a timely manner;'';
(3) in subparagraph (O)--
(A) by inserting after ``activities'' the
following: ``in support of national priorities
and performance goals, including'';
(B) by striking ``to remove'' in clause (i)
and inserting ``activities aimed at removing'';
(C) by striking ``to provide'' in clause
(ii) and inserting ``activities aimed at
providing'';
(D) by inserting ``and'' after the
semicolon at the end of clause (ii); and
(E) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) interdiction activities affecting
the transportation of controlled substances by
commercial motor vehicle drivers and training
on appropriate strategies for carrying out
those interdiction activities;'';
(4) by striking subparagraph (P) and inserting the
following:
``(P) provides that the State will establish a
program to ensure the proper and timely correction of
commercial motor vehicle safety violations noted during
an inspection carried out with funds authorized under
section 31104;'';
(5) in subparagraph (Q)--
(A) by striking ``31140 and 31146'' and
inserting ``31138 and 31139''; and
(B) by striking the period at the end and
inserting a semicolon;
(6) by redesignating subparagraphs (A) through (Q)
as subparagraphs (B) through (R), respectively;
(7) by inserting before subparagraph (B) (as
redesignated by paragraph (6) of this subsection) the
following:
``(A) implements performance-based
activities by fiscal year 2000;''; and
(8) by adding at the end the following:
``(S) ensures consistent, effective, and reasonable
sanctions; and
``(T) ensures that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement personnel.''.
(d) Federal Share.--Section 31103 is amended--
(1) by inserting ``(a) Commercial Motor Vehicle
Safety Programs and Enforcement.--'' before ``The
Secretary of Transportation'';
(2) by inserting ``improve commercial motor vehicle
safety and'' before ``enforce''; and
(3) by adding at the end the following:
``(b) Other Activities.--The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities authorized by section
31104(f)(2).''.
(e) Authorization of Appropriations.--Section 31104(a) is
amended to read as follows:
``(a) In General.--The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur
obligations to carry out section 31102:
``(1) Not more than $79,000,000 for fiscal year
1998.
``(2) Not more than $90,000,000 for fiscal year
1999.
``(3) Not more than $95,000,000 for fiscal year
2000.
``(4) Not more than $100,000,000 for fiscal year
2001.
``(5) Not more than $105,000,000 for fiscal year
2002.
``(6) Not more than $110,000,000 for fiscal year
2003.''.
(f) Conforming Amendment.--Section 31104(b) is amended by
striking ``(1)'' and by striking paragraph (2).
(g) Allocation Criteria and Eligibility.--Section 31104 is
further amended--
(1) by striking subsections (f) and (g) and
inserting the following:
``(f) Allocation Criteria and Eligibility.--
``(1) In general.--On October 1 of each fiscal year
or as soon after that date as practicable and after
making the deduction under subsection (e), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among the
States with plans approved under section 31102. Such
allocation shall be made under such criteria as the
Secretary prescribes by regulation.
``(2) High-priority and border activities.--
``(A) High-priority activities and
projects.--The Secretary may designate up to 5
percent of amounts available for allocation
under paragraph (1) for States, local
governments, and other persons for carrying out
high priority activities and projects that
improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety
regulations, including activities and projects
that are national in scope, increase public
awareness and education, or demonstrate new
technologies. The amounts designated under this
subparagraph shall be allocated by the
Secretary to State agencies, local governments,
and other persons that use and train qualified
officers and employees in coordination with
State motor vehicle safety agencies.
``(B) Border commercial motor vehicle
safety and enforcement programs.--The Secretary
may designate up to 5 percent of amounts
available for allocation under paragraph (1)
for States, local governments, and other
persons for carrying out border commercial
motor vehicle safety programs and enforcement
activities and projects. The amounts designated
under this subparagraph shall be allocated by
the Secretary to State agencies, local
governments, and other persons that use and
train qualified officers and employees in
coordination with State motor vehicle safety
agencies.'';
(2) by redesignating subsection (h) as subsection
(g);
(3) by striking subsection (i); and
(4) by redesignating subsection (j) as subsection
(h).
(h) Savings Clause.--Amendments made by this section shall
not affect any funds made available before the date of
enactment of this Act.
SEC. 4004. INFORMATION SYSTEMS.
(a) In General.--Section 31106 is amended to read as
follows:
``Sec. 31106. Information systems
``(a) Information Systems and Data Analysis.--
``(1) In general.--Subject to the provisions of
this section, the Secretary shall establish and operate
motor carrier, commercial motor vehicle, and driver
information systems and data analysis programs to
support safety regulatory and enforcement activities
required under this title.
``(2) Network coordination.--In cooperation with
the States, the information systems under this section
shall be coordinated into a network providing accurate
identification of motor carriers and drivers,
commercial motor vehicle registration and license
tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
``(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
``(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver
data;
``(B) evaluate the safety fitness of motor
carriers and drivers;
``(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such
strategies and related programs;
``(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
and
``(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate.
``(4) Standards.--To implement this section, the
Secretary shall prescribe technical and operational
standards to ensure--
``(A) uniform, timely, and accurate
information collection and reporting by the
States and other entities as determined
appropriate by the Secretary;
``(B) uniform Federal, State, and local
policies and procedures necessary to operate
the information system; and
``(C) the reliability and availability of
the information to the Secretary and States.
``(b) Performance and Registration Information Program.--
``(1) Information clearinghouse.--The Secretary
shall include, as part of the motor carrier information
system authorized by this section, a program to
establish and maintain a clearinghouse and repository
of information related to State registration and
licensing of commercial motor vehicles, the registrants
of such vehicles, and the motor carriers operating such
vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor
carriers and registrants and other information the
Secretary considers appropriate, including information
on motor carrier, commercial motor vehicle, and driver
safety performance.
``(2) Design.--The program shall link Federal motor
carrier safety information systems with State driver
and commercial vehicle registration and licensing
systems and shall be designed to enable a State to--
``(A) determine the safety fitness of a
motor carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
``(B) decide, in cooperation with the
Secretary, whether and what types of sanctions
or operating limitations to impose on the motor
carrier or registrant to ensure safety.
``(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
``(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4); and
``(B) possess or seek authority to impose
commercial motor vehicle registration sanctions
on the basis of a Federal safety fitness
determination.
``(4) Funding.--The Secretary may make available up
to 50 percent of the amounts available to carry out
this section by section 31107 in each of fiscal years
1998, 1999, 2000, 2001, 2002, and 2003 to carry out
this subsection. The Secretary is encouraged to direct
no less than 80 percent of amounts made available to
carry out this subsection to States that have not
previously received financial assistance to develop or
implement the information systems authorized by this
section.
``(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309,
the Secretary is authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the
program shall include--
``(1) enhancing the exchange of driver licensing
information among the States, the Federal Government,
and foreign countries;
``(2) providing information to the judicial system
on commercial motor vehicle drivers;
``(3) evaluating any aspect of driver performance
that the Secretary determines appropriate; and
``(4) developing appropriate strategies and
countermeasures to improve driver safety.
``(d) Cooperative Agreements, Grants, and Contracts.--The
Secretary may carry out this section either independently or in
cooperation with other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into
contracts and cooperative agreements with, States, local
governments, associations, institutions, corporations, and
other persons.
``(e) Information Availability and Privacy Protection
Policy.--The Secretary shall develop a policy on making
information available from the information systems authorized
by this section and section 31309. The policy shall be
consistent with existing Federal information laws, including
regulations, and shall provide for review and correction of
such information in a timely manner.''.
(b) Contract Authority Funding.--Section 31107 is amended
to read as follows:
``Sec. 31107. Contract authority funding for information systems
``(a) Funding.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title--
``(1) $6,000,000 for fiscal year 1998;
``(2) $10,000,000 for each of fiscal years 1999 and
2000; and
``(3) $12,000,000 for each of fiscal years 2001
through 2002.
``(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain
available until expended.
``(b) Contract Authority.--Approval by the Secretary of a
grant with funds made available under this section imposes upon
the United States Government a contractual obligation for
payment of the Government's share of costs incurred in carrying
out the objectives of the grant.''.
(c) Subchapter Heading.--The heading for subchapter I of
chapter 311 is amended by inserting after ``GRANTS'' the
following: ``AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS''.
(d) Conforming Amendments.--The analysis for chapter 311 is
amended--
(1) by striking
``SUBCHAPTER I--STATE GRANTS''
and inserting
``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS'';
and
(2) by striking the items relating to sections
31106 and 31107 and inserting the following:
``31106. Information systems.
``31107. Contract authority funding for information systems.''.
SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended--
(1) by striking ``section--'' and inserting
``section, the following definitions apply:'';
(2) by inserting after ``(1)'' the following:
``Maxi-cube vehicle.--The term'';
(3) by inserting after ``(2)'' the following:
``Truck tractor.--The term'';
(4) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(5) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Automobile transporter.--The term `automobile
transporter' means any vehicle combination designed and
used specifically for the transport of assembled
highway vehicles, including truck camper units.''.
SEC. 4006. INSPECTIONS AND REPORTS.
(a) General Powers of the Secretary.--Section 31133(a)(1)
is amended by inserting ``and make contracts for'' after
``conduct''.
(b) Reports and Records.--Section 504(c) is amended by
inserting ``(and, in the case of a motor carrier, a
contractor)'' after ``employee''.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
(a) In General.--Section 31315 is amended to read as
follows:
``Sec. 31315. Waivers, exemptions, and pilot programs
``(a) Waivers.--The Secretary may grant a waiver that
relieves a person from compliance in whole or in part with a
regulation issued under this chapter or section 31136 if the
Secretary determines that it is in the public interest to grant
the waiver and that the waiver is likely to achieve a level of
safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver--
``(1) for a period not in excess of 3 months;
``(2) limited in scope and circumstances;
``(3) for nonemergency and unique events; and
``(4) subject to such conditions as the Secretary
may impose.
``(b) Exemptions.--
``(1) In general.--Upon receipt of a request
pursuant to paragraph (3), the Secretary of
Transportation may grant to a person or class of
persons an exemption from a regulation prescribed under
this chapter or section 31136 if the Secretary finds
such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that
would be achieved absent such exemption. An exemption
may be granted for no longer than 2 years from its
approval date and may be renewed upon application to
the Secretary.
``(2) Authority to revoke exemption.--The Secretary
shall immediately revoke an exemption if--
``(A) the person fails to comply with the
terms and conditions of such exemption;
``(B) the exemption has resulted in a lower
level of safety than was maintained before the
exemption was granted; or
``(C) continuation of the exemption would
not be consistent with the goals and objectives
of this chapter or section 31136, as the case
may be.
``(3) Requests for exemption.--Not later than 180
days after the date of enactment of this section and
after notice and an opportunity for public comment, the
Secretary shall specify by regulation the procedures by
which a person may request an exemption. Such
regulations shall, at a minimum, require the person to
provide the following information for each exemption
request:
``(A) The provisions from which the person
requests exemption.
``(B) The time period during which the
requested exemption would apply.
``(C) An analysis of the safety impacts the
requested exemption may cause.
``(D) The specific countermeasures the
person would undertake to ensure an equivalent
or greater level of safety than would be
achieved absent the requested exemption.
``(4) Notice and comment.--
``(A) Upon receipt of a request.--Upon
receipt of an exemption request, the Secretary
shall publish in the Federal Register a notice
explaining the request that has been filed and
shall give the public an opportunity to inspect
the safety analysis and any other relevant
information known to the Secretary and to
comment on the request. This subparagraph does
not require the release of information
protected by law from public disclosure.
``(B) Upon granting a request.--Upon
granting a request for exemption, the Secretary
shall publish in the Federal Register the name
of the person granted the exemption, the
provisions from which the person will be
exempt, the effective period, and all terms and
conditions of the exemption.
``(C) After denying a request.--After
denying a request for exemption, the Secretary
shall publish in the Federal Register the name
of the person denied the exemption and the
reasons for such denial. The Secretary may meet
the requirement of this subparagraph by
periodically publishing in the Federal Register
the names of persons denied exemptions and the
reasons for such denials.
``(5) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request
after a thorough review of its safety implications, but
in no case later than 180 days after the filing date of
such request.
``(6) Terms and conditions.--The Secretary shall
establish terms and conditions for each exemption to
ensure that it will likely achieve a level of safety
that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The Secretary
shall monitor the implementation of the exemption to
ensure compliance with its terms and conditions.
``(7) Notification of state compliance and
enforcement personnel.--Before granting a request for
exemption, the Secretary shall notify State safety
compliance and enforcement personnel, including
roadside inspectors, and the public that a person will
be operating pursuant to an exemption and any terms and
conditions that will apply to the exemption.
``(c) Pilot Programs.--
``(1) In general.--The Secretary may conduct pilot
programs to evaluate alternatives to regulations
relating to, or innovative approaches to, motor
carrier, commercial motor vehicle, and driver safety.
Such pilot programs may include exemptions from a
regulation prescribed under this chapter or section
31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). The Secretary
shall publish in the Federal Register a detailed
description of each pilot program, including the
exemptions to be considered, and provide notice and an
opportunity for public comment before the effective
date of the program.
``(2) Program elements.--In proposing a pilot
program and before granting exemptions for purposes of
a pilot program, the Secretary shall require, as a
condition of approval of the project, that the safety
measures in the project are designed to achieve a level
of safety that is equivalent to, or greater than, the
level of safety that would otherwise be achieved
through compliance with the regulations prescribed
under this chapter or section 31136. The Secretary
shall include, at a minimum, the following elements in
each pilot program plan:
``(A) A scheduled life of each pilot
program of not more than 3 years.
``(B) A specific data collection and safety
analysis plan that identifies a method for
comparison.
``(C) A reasonable number of participants
necessary to yield statistically valid
findings.
``(D) An oversight plan to ensure that
participants comply with the terms and
conditions of participation.
``(E) Adequate countermeasures to protect
the health and safety of study participants and
the general public.
``(F) A plan to inform State partners and
the public about the pilot program and to
identify approved participants to safety
compliance and enforcement personnel and to the
public.
``(3) Authority to revoke participation.--The
Secretary shall immediately revoke participation in a
pilot program of a motor carrier, commercial motor
vehicle, or driver for failure to comply with the terms
and conditions of the pilot program or if continued
participation would not be consistent with the goals
and objectives of this chapter or section 31136, as the
case may be.
``(4) Authority to terminate program.--The
Secretary shall immediately terminate a pilot program
if its continuation would not be consistent with the
goals and objectives of this chapter or section 31136,
as the case may be.
``(5) Report to congress.--At the conclusion of
each pilot program, the Secretary shall report to
Congress the findings, conclusions, and recommendations
of the program, including suggested amendments to laws
and regulations that would enhance motor carrier,
commercial motor vehicle, and driver safety and improve
compliance with national safety standards.
``(d) Preemption of State Rules.--During the time period
that a waiver, exemption, or pilot program is in effect under
this chapter or section 31136, no State shall enforce any law
or regulation that conflicts with or is inconsistent with the
waiver, exemption, or pilot program with respect to a person
operating under the waiver or exemption or participating in the
pilot program.''.
(b) Chapter Analysis Amendment.--The analysis for chapter
313 is amended by striking the item relating to section 31315
and inserting the following:
``31315. Waivers, exemptions, and pilot programs.''.
(c) Conforming Amendment.--Section 31136(e) of such title
is amended to read as follows:
``(e) Exemptions.--The Secretary may grant in accordance
with section 31315 waivers and exemptions from, or conduct
pilot programs with respect to, any regulations prescribed
under this section.''.
(d) Protection of Existing Exemptions.--The amendments made
by this section shall not apply to or otherwise affect a
waiver, exemption, or pilot program in effect on the day before
the date of enactment of this Act under chapter 313 or section
31136(e) of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.
(a) Commercial Motor Vehicle Defined.--Section 31132(1) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle
weight'' after ``rating''; and
(B) by inserting ``, whichever is greater''
after ``pounds''; and
(2) in subparagraph (B) by striking ``passengers''
and all that follows through the semicolon at the end
and inserting ``more than 8 passengers (including the
driver) for compensation;''.
(b) Application of Regulations to Certain Commercial Motor
Vehicles.--Effective on the last day of the 1-year period
beginning on the date of enactment of this Act, regulations
prescribed under section 31136 of title 49, United States Code,
shall apply to operators of commercial motor vehicles described
in section 31132(1)(B) of such title (as amended by subsection
(a)) to the extent that those regulations did not apply to
those operators on the day before such effective date, except
to the extent that the Secretary determines, through a
rulemaking proceeding, that it is appropriate to exempt such
operators of commercial motor vehicles from the application of
those regulations.
(c) Repeal of Review Panel.--Section 31134, and the item
relating to such section in the analysis for chapter 311, are
repealed.
(d) Repeal of Submission to Review Panel.--Section 31140,
and the item relating to such section in the analysis for
chapter 311, are repealed.
(e) Review Procedure.--Section 31141 is amended--
(1) by striking subsections (b) and (c) and
inserting the following:
``(b) Submission of Regulation.--A State receiving funds
made available under section 31104 that enacts a State law or
issues a regulation on commercial motor vehicle safety shall
submit a copy of the law or regulation to the Secretary
immediately after the enactment or issuance.
``(c) Review and Decisions by Secretary.--
``(1) Review.--The Secretary shall review State
laws and regulations on commercial motor vehicle
safety. The Secretary shall decide whether the State
law or regulation--
``(A) has the same effect as a regulation
prescribed by the Secretary under section
31136;
``(B) is less stringent than such
regulation; or
``(C) is additional to or more stringent
than such regulation.
``(2) Regulations with same effect.--If the
Secretary decides a State law or regulation has the
same effect as a regulation prescribed by the Secretary
under section 31136 of this title, the State law or
regulation may be enforced.
``(3) Less stringent regulations.--If the Secretary
decides a State law or regulation is less stringent
than a regulation prescribed by the Secretary under
section 31136 of this title, the State law or
regulation may not be enforced.
``(4) Additional or more stringent regulations.--If
the Secretary decides a State law or regulation is
additional to or more stringent than a regulation
prescribed by the Secretary under section 31136 of this
title, the State law or regulation may be enforced
unless the Secretary also decides that--
``(A) the State law or regulation has no
safety benefit;
``(B) the State law or regulation is
incompatible with the regulation prescribed by
the Secretary; or
``(C) enforcement of the State law or
regulation would cause an unreasonable burden
on interstate commerce.
``(5) Consideration of effect on interstate
commerce.--In deciding under paragraph (4) whether a
State law or regulation will cause an unreasonable
burden on interstate commerce, the Secretary may
consider the effect on interstate commerce of
implementation of that law or regulation with the
implementation of all similar laws and regulations of
other States.'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h)
as subsections (e), (f), and (g), respectively.
(f) Inspection of Safety Equipment.--Section 31142(a) is
amended by striking ``part 393 of title 49, Code of Federal
Regulations'' and inserting ``the regulations issued under
section 31136''.
(g) Protection of States Participating in State Groups.--
Section 31142(c)(1)(C) is amended to read as follows:
``(C) prevent a State from participating in
the activities of a voluntary group of States
enforcing a program for inspection of
commercial motor vehicles; or''.
SEC. 4009. SAFETY FITNESS.
(a) In General.--Section 31144 is amended to read as
follows:
``Sec. 31144. Safety fitness of owners and operators
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit
to operate safely commercial motor vehicles;
``(2) periodically update such safety fitness
determinations;
``(3) make such final safety fitness determinations
readily available to the public; and
``(4) prescribe by regulation penalties for
violations of this section consistent with section 521.
``(b) Procedure.--The Secretary shall maintain by
regulation a procedure for determining the safety fitness of an
owner or operator. The procedure shall include, at a minimum,
the following elements:
``(1) Specific initial and continuing requirements
with which an owner or operator must comply to
demonstrate safety fitness.
``(2) A methodology the Secretary will use to
determine whether an owner or operator is fit.
``(3) Specific time frames within which the
Secretary will determine whether an owner or operator
is fit.
``(c) Prohibited Transportation.--
``(1) In general.--Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or
operator who the Secretary determines is not fit may
not operate commercial motor vehicles in interstate
commerce beginning on the 61st day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit.
``(2) Owners or operators transporting
passengers.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
passengers, an owner or operator who the Secretary
determines is not fit may not operate ininterstate
commerce beginning on the 46th day after the date of such fitness
determination and until the Secretary determines such owner or operator
is fit.
``(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary
determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit.
``(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the
Secretary may allow an owner or operator who is not fit
to continue operating for an additional 60 days after
the 61st day after the date of the Secretary's fitness
determination, if the Secretary determines that such
owner or operator is making a good faith effort to
become fit.
``(d) Review of Fitness Determinations.--
``(1) In general.--Not later than 45 days after an
unfit owner or operator requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
``(2) Owners or operators transporting
passengers.--Not later than 30 days after an unfit
owner or operator of commercial motor vehicles designed
or used to transport passengers requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
``(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner
or operator of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary
shall review such owner's or operator's compliance with
those requirements with which the owner or operator
failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
``(e) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to
provide any transportation service an owner or operator who the
Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.''.
(b) Conforming Amendment.--Section 5113 is amended by
striking subsections (a), (b), (c), and (d) and inserting the
following:
``See section 31144.''.
SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS AUTHORITIES.
Subchapter IV of chapter 311 (including sections 31161 and
31162), and the items relating to such subchapter and sections
in the analysis for chapter 311, are repealed.
SEC. 4011. COMMERCIAL VEHICLE OPERATORS.
(a) Commercial Motor Vehicle Defined.--Section 31301(4) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle
weight'' after ``rating'' the first 2 places it
appears; and
(B) by inserting ``, whichever is
greater,'' after ``pounds'' the first place it
appears; and
(2) in subparagraph (C)(ii)--
(A) by inserting ``is'' before
``transporting'' each place it appears; and
(B) by inserting ``is'' before ``not
otherwise''.
(b) Prohibition on CMV Operation Without CDL.--
(1) In general.--Section 31302 of such title is
amended to read as follows:
``Sec. 31302. Commercial driver's license requirement
``No individual shall operate a commercial motor vehicle
without a valid commercial driver's license issued in
accordance with section 31308. An individual operating a
commercial motor vehicle may have only one driver's license at
any time.''.
(2) Conforming amendment.--The item relating to
section 31302 in the analysis for chapter 313 is
amended to read as follows:
``31302. Commercial driver's license requirement.''.
(c) Unique Identifiers in CDLs.--
(1) In general.--Section 31308(2) is amended by
inserting before the semicolon ``and each license
issued after January 1, 2001, include unique
identifiers (which may include biometric identifiers)
to minimize fraud and duplication''.
(2) Deadline for issuance of regulations.--Not
later than 180 days after the date of enactment of this
Act, the Secretary shall issue regulations to carry out
the amendment made by paragraph (1).
(d) Commercial Driver's License Information System.--
Section 31309 of such title is amended--
(1) in subsection (a) by striking ``make an
agreement under subsection (b) of this section for the
operation of, or establish under subsection (c) of this
section,'' and inserting ``maintain'';
(2) by inserting after the first sentence of
subsection (a) the following: ``The system shall be
coordinated with activities carried out under section
31106.'';
(3) by striking subsections (b) and (c);
(4) by striking subsection (d)(2) and inserting the
following:
``(2) The information system under this section must
accommodate any unique identifiers required to minimize fraud
or duplication of a commercial driver's license under section
31308(2).'';
(5) by striking subsection (e) and inserting the
following:
``(e) Availability of Information.--Information in the
information system shall be made available and subject to
review and correction in accordance with the policy developed
under section 31106(e).'';
(6) in subsection (f) by striking ``If the
Secretary establishes an information system under this
section, the'' and inserting ``The'';
(7) by striking ``shall'' in the first sentence of
subsection (f) and inserting ``may''; and
(8) by redesignating subsections (d), (e), and (f)
as subsections (b), (c), and (d), respectively.
(e) Requirements for State Participation.--Section 31311(a)
is amended--
(1) in paragraph (15) by striking ``section
31310(b)-(e) of this title'' and inserting
``subsections (b)-(e), (g)(1)(A), and (g)(2) of section
31310'';
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as paragraph
(17).
(f) Repeal of Obsolete Grant Programs.--Sections 31312 and
31313, and the items relating to such sections in the analysis
for chapter 313, are repealed.
(g) Updating Amendments.--Section 31314 is amended--
(1) by striking ``(2), (5), and (6)'' each place it
appears in subsections (a) and (b) and inserting ``(3),
and (5)'';
(2) in subsection (c) by striking ``(1) Amounts''
and all that follows through ``(2) Amounts'' and
inserting ``Amounts'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection
(d).
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE
COMMERCIAL MOTOR VEHICLE DRIVERS.
(a) In General.--Section 31502 is amended by adding at the
end the following:
``(e) Exception.--
``(1) In general.--Notwithstanding any other
provision of law, regulations issued under this section
or section 31136 regarding--
``(A) maximum driving and on-duty times
applicable to operators of commercial motor
vehicles,
``(B) physical testing, reporting, or
recordkeeping, and
``(C) the installation of automatic
recording devices associated with establishing
the maximum driving and on-duty times referred
to in subparagraph (A),
shall not apply to any driver of a utility service
vehicle during an emergency period of not more than 30
days declared by an elected State or local government
official under paragraph (2) in the area covered by the
declaration.
``(2) Declaration of emergency.--An elected State
or local government official or elected officials of
more than one State or local government jointly may
issue an emergency declaration for purposes of
paragraph (1) after notice to the Regional Director of
the Federal Highway Administration with jurisdiction
over the area covered by the declaration.
``(3) Incident report.--Within 30 days after the
end of the declared emergency period the official who
issued the emergency declaration shall file with the
Regional Director a report of each safety-related
incident or accident that occurred during the emergency
period involving--
``(A) a utility service vehicle driver to
which the declaration applied; or
``(B) a utility service vehicle of the
driver to which the declaration applied.
``(4) Definitions.--In this subsection, the
following definitions apply:
``(A) Driver of a utility service
vehicle.--The term `driver of a utility service
vehicle' means any driver who is considered to
be a driver of a utility service vehicle for
purposes of section 345(a)(4) of the National
Highway System Designation Act of 1995 (49
U.S.C. 31136 note; 109 Stat. 613).
``(B) Utility service vehicle.--The term
`utility service vehicle' has the meaning that
term has under section 345(e)(6) of the
National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 Stat 614-615).''.
(b) Continued Application of Safety and Maintenance
Requirements.--
(1) In general.--The amendment made by subsection
(a) may not be construed--
(A) to exempt any utility service vehicle
from compliance with any applicable provision
of law relating to vehicle mechanical safety,
maintenance requirements, or inspections; or
(B) to exempt any driver of a utility
service vehicle from any applicable provision
of law (including any regulation) established
for the issuance, maintenance, or periodic
renewal of a commercial driver's license for
that driver.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Commercial driver's license.--The term
``commercial driver's license'' has the meaning
that term has under section 31301 of title 49,
United States Code.
(B) Driver of a utility service vehicle.--
The term ``driver of a utility service
vehicle'' has the meaning that term has under
section 31502(e)(2) of such title.
(C) Regulation.--The term ``regulation''
has the meaning that term has under section
31132 of such title.
(D) Utility service vehicle.--The term
``utility service vehicle'' has the meaning
that term has under section 345(e)(6) of the
National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 Stat. 614-615).
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
Sections 31702, 31703, and 31708, and the items relating to
such sections in the analysis for chapter 317, are repealed.
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; LIMITATION ON
LIABILITY.
(a) In General.--
(1) In general.--Chapter 5 is amended by adding at
the end the following:
``Sec. 508. Safety performance history of new drivers; limitation on
liability
``(a) Limitation on Liability.--No action or proceeding for
defamation, invasion of privacy, or interference with a
contract that is based on the furnishing or use of safety
performance records in accordance with regulations issued by
the Secretary may be brought against--
``(1) a motor carrier requesting the safety
performance records of an individual under
consideration for employment as a commercial motor
vehicle driver as required by and in accordance with
regulations issued by the Secretary;
``(2) a person who has complied with such a
request; or
``(3) the agents or insurers of a person described
in paragraph (1) or (2).
``(b) Restrictions on Applicability.--
``(1) Motor carrier requesting.--Subsection (a)
does not apply to a motor carrier requesting safety
performance records unless--
``(A) the motor carrier and any agents of
the motor carrier have complied with the
regulations issued by the Secretary in using
the records, including the requirement that the
individual who is the subject of the records be
afforded a reasonable opportunity to review and
comment on the records;
``(B) the motor carrier and any agents and
insurers of the motor carrier have taken all
precautions reasonably necessary to protect the
records from disclosure to any person, except
for such an insurer, not directly involved in
deciding whether to hire that individual; and
``(C) the motor carrier has used those
records only to assess the safety performance
of the individual who is the subject of those
records in deciding whether to hire that
individual.
``(2) Person complying with requests.--Subsection
(a) does not apply to a person complying with a request
for safety performance records unless--
``(A) the complying person and any agents
of the complying person have taken all
precautions reasonably necessary to ensure the
accuracy of the records and have complied with
the regulations issued by the Secretary in
furnishing the records, including the
requirement that the individual who is the
subject of the records be afforded a reasonable
opportunity to review and comment on the
records; and
``(B) the complying person and any agents
and insurers of the complying person have taken
all precautions reasonably necessary to protect
the records from disclosure to any person,
except for such an insurer, not directly
involved in forwarding the records.
``(3) Persons knowingly furnishing false
information.--Subsection (a) does not apply to persons
who knowingly furnish false information.
``(c) Preemption of State and Local Law.--No State or
political subdivision thereof may enact, prescribe, issue,
continue in effect, or enforce any law (including
anyregulation, standard, or other provision having the force and effect
of law) that prohibits, penalizes, or imposes liability for furnishing
or using safety performance records in accordance with regulations
issued by the Secretary to carry out this section. Notwithstanding any
provision of law, written authorization shall not be required to obtain
information on the motor vehicle driving record of an individual under
consideration for employment with a motor carrier.''.
(2) Conforming amendment.--The analysis for chapter
5 is amended by inserting after the item relating to
section 507 the following:
``508. Safety performance history of new drivers; limitation on
liability.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 31, 1999.
(c) Safety Performance History of New Drivers.--
(1) Matters to be included.--As part of the
rulemaking that the Secretary is conducting under
section 114 of the Hazardous Materials Transportation
Authorization Act of 1994 (108 Stat. 1677-1678) to
amend section 391.23 of title 49, Code of Federal
Regulations (or successor regulations thereto), the
Secretary shall amend such section 391.23 (in addition
to the matters set forth in such section 114) to
provide protection for driver privacy and to establish
procedures for review, correction, and rebuttal of the
safety performance records of a commercial motor
vehicle driver.
(2) Completion.--The rulemaking and the amendments
referred to in paragraph (1) shall be completed by
January 31, 1999.
SEC. 4015. PENALTIES.
(a) Notification of Violations and Enforcement
Procedures.--Section 521(b)(1) is amended--
(1) in the third sentence of subparagraph (A) by
striking ``fix a reasonable time for abatement of the
violation,''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Nonapplicability to reporting and
recordkeeping violations.--Subparagraph (A)
shall not apply to reporting and recordkeeping
violations.''.
(b) Civil Penalties.--Section 521(b)(2) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Except as otherwise
provided in this subsection, any person who is
determined by the Secretary, after notice and
opportunity for a hearing, to have committed an
act that is a violation of regulations issued
by the Secretary under subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31502 of this title shall be liable
to the United States for a civil penalty in an
amount not to exceed $10,000 for each offense.
Notwithstanding any other provision of this
section (except subparagraph (C)), no civil
penalty shall be assessed under this section
against an employee for a violation in an
amount exceeding $2,500.'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the
following:
``(B) Recordkeeping and reporting
violations.--A person required to make a report
to the Secretary, answer a question, or make,
prepare, or preserve a record under section 504
of this title or under any regulation issued by
the Secretary pursuant to subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31502 of this title about
transportation by motor carrier, motor
carrierof migrant workers, or motor private carrier, or an officer,
agent, or employee of that person--
``(i) who does not make that
report, does not specifically,
completely, and truthfully answer that
question in 30 days from the date the
Secretary requires the question to be
answered, or does not make, prepare, or
preserve that record in the form and
manner prescribed by the Secretary,
shall be liable to the United States
for a civil penalty in an amount not to
exceed $500 for each offense, and each
day of the violation shall constitute a
separate offense, except that the total
of all civil penalties assessed against
any violator for all offenses related
to any single violation shall not
exceed $5,000; or
``(ii) who knowingly falsifies,
destroys, mutilates, or changes a
required report or record, knowingly
files a false report with the
Secretary, knowingly makes or causes or
permits to be made a false or
incomplete entry in that record about
an operation or business fact or
transaction, or knowingly makes,
prepares, or preserves a record in
violation of a regulation or order of
the Secretary, shall be liable to the
United States for a civil penalty in an
amount not to exceed $5,000 for each
violation, if any such action can be
shown to have misrepresented a fact
that constitutes a violation other than
a reporting or recordkeeping
violation.''.
(c) Conforming Amendments.--Section 522 is amended by
striking ``(a)'' and by striking subsection (b).
SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.
Section 14501(a) is amended to read as follows:
``(a) Motor Carriers of Passengers.--
``(1) Limitation on state law.--No State or
political subdivision thereof and no interstate agency
or other political agency of 2 or more States shall
enact or enforce any law, rule, regulation, standard,
or other provision having the force and effect of law
relating to
``(A) scheduling of interstate or
intrastate transportation (including
discontinuance or reduction in the level of
service) provided by a motor carrier of
passengers subject to jurisdiction under
subchapter I of chapter 135 of this title on an
interstate route;
``(B) the implementation of any change in
the rates for such transportation or for any
charter transportation except to the extent
that notice, not in excess of 30 days, of
changes in schedules may be required; or
``(C) the authority to provide intrastate
or interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter
bus operations.
``(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State
with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations
based on the size or weight of the motor vehicle, or
the authority of a State to regulate carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.''.
SEC. 4017. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.
(a) In General.--For a period of not less than 2 years
beginning on or before the 90th day following the date of
enactment of this Act, the Secretary shall establish, maintain,
and promote the use of a nationwide toll-free telephone system
to be used by drivers of commercial motor vehicles and others
to report potential violations of Federal motor carrier safety
regulations.
(b) Monitoring.--The Secretary shall monitor reports
received by the telephone system and may consider nonfrivolous
information provided by such reports in setting priorities for
motor carrier safety audits and other enforcement activities.
(c) Protection of Persons Reporting Violations.--
(1) Prohibition.--A person reporting a potential
violation to the telephone system while acting in good
faith may not be discharged, disciplined, or
discriminated against regarding pay, terms, or
privileges of employment because of the reporting of
such violation.
(2) Applicability of section 31105 of title 49.--
For purposes of section 31105 of title 49, United
States Code, a violation or alleged violation of
paragraph (1) shall be treated as a violation of
section 31105(a) of such title.
(d) Funding.--From amounts set aside under section 104(a)
of title 23, United States Code, the Secretarymay use not more
than $250,000 for each of fiscal years 1999 through 2003 to carry out
this section.
SEC. 4018. INSULIN TREATED DIABETES MELLITUS.
(a) Determination.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall determine whether
a practicable and cost-effective screening, operating, and
monitoring protocol could likely be developed for insulin
treated diabetes mellitus individuals who want to operate
commercial motor vehicles in interstate commerce that would
ensure a level of safety equal to or greater than that achieved
with the current prohibition on individuals with insulin
treated diabetes mellitus driving such vehicles.
(b) Compilation and Evaluation.--Prior to making the
determination in subsection (a), the Secretary shall compile
and evaluate research and other information on the effects of
insulin treated diabetes mellitus on driving performance. In
preparing the compilation and evaluation, the Secretary shall,
at a minimum--
(1) consult with States that have developed and are
implementing a screening process to identify
individuals with insulin treated diabetes mellitus who
may obtain waivers to drive commercial motor vehicles
in intrastate commerce;
(2) evaluate the Department's policy and actions to
permit certain insulin treated diabetes mellitus
individuals who meet selection criteria and who
successfully comply with the approved monitoring
protocol to operate in other modes of transportation;
(3) assess the possible legal consequences of
permitting insulin treated diabetes mellitus
individuals to drive commercial motor vehicles in
interstate commerce;
(4) analyze available data on the safety
performance of diabetic drivers of motor vehicles;
(5) assess the relevance of intrastate driving and
experiences of other modes of transportation to
interstate commercial motor vehicle operations; and
(6) consult with interested groups knowledgeable
about diabetes and related issues.
(c) Report to Congress.--If the Secretary determines that
no protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress the basis for
such determination.
(d) Initiation of Rulemaking.--If the Secretary determines
that a protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress a description
of the elements of such protocol and shall promptly initiate a
rulemaking proceeding to implement such protocol.
SEC. 4019. PERFORMANCE-BASED CDL TESTING.
(a) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a review of
the procedures established and implemented by States under
section 31305 of title 49, United States Code, to determine if
the current system for testing is an accurate measure and
reflection of an individual's knowledge and skills as an
operator of a commercial motor vehicle and to identify methods
to improve testing and licensing standards, including
identifying the benefits and costs of a graduated licensing
system.
(b) Regulations.--The Secretary may issue regulations under
section 31305 of title 49, United States Code, reflecting the
results of the review.
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING.
(a) Study.--The Secretary shall conduct a study of the
feasibility of utilizing law enforcement officers for
conducting post-accident alcohol testing of commercial motor
vehicle operators under section 31306 of title 49, United
States Code, as a method of obtaining more timely information.
The study shall also assess the impact of the current post-
accident alcohol testing requirements on motor carrier
employers, including any burden that employersmay encounter in
meeting the testing requirements of such section 31306.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the study, together with such recommendations as
the Secretary determines appropriate.
SEC. 4021. DRIVER FATIGUE.
(a) Technologies To Reduce Fatigue of Commercial Motor
Vehicle Operators.--
(1) Development of technologies.--As part of the
activities of the Secretary relating to the fatigue of
commercial motor vehicle operators, the Secretary shall
encourage the research, development, and demonstration
of technologies that may aid in reducing such fatigue.
(2) Matters to be taken into account.--In carrying
out paragraph (1), the Secretary shall take into
account--
(A) the degree to which the technology will
be cost efficient;
(B) the degree to which the technology can
be effectively used in diverse climatic regions
of the Nation; and
(C) the degree to which the application of
the technology will further emissions
reductions, energy conservation, and other
transportation goals.
(3) Funding.--The Secretary may use amounts made
available under section 5001(a)(2) of this Act.
(b) Nonsedating Medications.--The Secretary shall review
available information on the effects of medications (including
antihistamines) on driver fatigue, awareness, and performance
and shall consider encouraging, if appropriate, the use of
nonsedating medications (including nonsedating antihistamines)
as a means of reducing the adverse effects of the use of other
medications by drivers.
SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary shall carry out a
pilot program in cooperation with 1 or more States to
improve upon the timely exchange of pertinent driver
performance and safety records data to motor carriers.
(2) Purpose.--The purpose of the program shall be
to--
(A) determine to what extent driver
performance records data, including relevant
fines, penalties, and failures to appear for a
hearing or trial, should be included as part of
any information systems under the Department of
Transportation's oversight;
(B) assess the feasibility, costs, safety
impact, pricing impact, and benefits of record
exchanges; and
(C) assess methods for the efficient
exchange of driver safety data available from
existing State information systems and sources.
(3) Completion date.--The pilot program shall end
on the last day of the 18-month period beginning on the
date of initiation of the pilot program.
(b) Rulemaking.--After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to
revise the information system under section 31309 of title 49,
United States Code, to take into account the results of the
pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS.
Not later than 2 years after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of Labor,
shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the effectiveness of existing statutory
employee protections provided for under section 31105 of title
49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection
provisions.
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
Not later than 6 months after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to
determine whether or not relevant commercial motor carrier
safety regulations issued under section 31136 of title 49,
United States Code, should apply to all interstate school
transportation operations by local educational agencies (as
defined in section 14101 of the Elementary and Secondary
Education Act of 1965).
SEC. 4025. TRUCK TRAILER CONSPICUITY.
(a) Issuance of Final Rule.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
final rule regarding the conspicuity of trailers manufactured
before December 1, 1993.
(b) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum, the
following:
(1) The cost-effectiveness of any requirement to
retrofit trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have
voluntarily taken steps to increase equipment
visibility.
(3) Regulatory flexibility to accommodate differing
trailer designs and configurations, such as tank
trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.
(a) Assessment.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the scope
of the problem of shippers, freight forwarders, brokers,
cosignees, or other persons (other than rail carriers, motor
carriers, motor carriers of migrant workers, or motor private
carriers) encouraging violations of chapter 5 of title 49,
United States Code, or a regulation or order issued by the
Secretary under such chapter.
(b) Submission of Implementation Plan.--After completion of
the assessment under subsection (a), the Secretary may submit
to the Congress a plan for implementing authority (if
subsequently provided by law) to investigate and bring civil
actions to enforce chapter 5 of title 49, United States Code,
or regulations or orders issued by the Secretary under such
chapter with respect to persons described in subsection (a).
(c) Contents of Implementation Plan.--In developing the
implementation plan under subsection (b), the Secretary shall
consider, as appropriate--
(1) in what circumstances the Secretary would
exercise the new authority;
(2) how the Secretary would determine that
shippers, freight forwarders, brokers, consignees, or
other persons committed violations described in
subsection (a), including what types of evidence would
be conclusive;
(3) what procedures would be necessary during
investigations to ensure the confidentiality of shipper
contract terms prior to the Secretary's findings of
violations;
(4) what impact the exercise of the new authority
would have on the Secretary's resources, including
whether additional investigative or legal resources
would be necessary and whether the staff would need
specialized education or training to exercise properly
such authority;
(5) to what extent the Secretary would conduct
educational activities for persons who would be subject
to the new authority; and
(6) any other information that would assist the
Congress in determining whether to provide the
Secretary the new authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES.
(a) Study.--The Secretary shall conduct a study to
determine the location and quantity of parking facilities at
commercial truck stops and travel plazas and public rest areas
that could be used by motor carriers to comply with Federal
hours of service rules. The study shall include an inventory of
current facilities serving the National Highway System, analyze
where shortages exist or are projected to exist, and propose a
plan to reduce the shortages. The study may be carried out in
cooperation with research entities representing motor carriers,
the travel plaza industry, and commercial motor vehicle
drivers.
(b) Report.--Not later than the 3 years after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study with any
recommendations the Secretary determines appropriate as a
result of the study.
(c) Funding.--From amounts set aside under section 104(a)
of title 23, United States Code, for each of fiscal years 1999,
2000, and 2001, the Secretary may use not to exceed $500,000
per fiscal year to carry out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.
(a) Review.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall review--
(1) the qualifications of any foreign motor
carrier, the application for which has not been
processed due to the moratorium on the granting of
authority to foreign carriers to operate in the United
States, to operate as a motor carrier in the United
States; and
(2) the carrier's likely ability to comply with
applicable laws and regulations of the United States.
(b) Use of Review.--The review conducted under subsection
(a) shall not constitute a finding by the Secretary under
section 13902 of title 49, United States Code, that a motor
carrier is willing and able to comply with requirements of such
section. The results of the review may be used by the Secretary
as the Secretary determines appropriate.
(c) Report.--Not later than 120 days after the date of
enactment this Act, the Secretary shall submit a report on the
results of the review to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives. The report shall include--
(1) any findings made by the Secretary under
subsection (a);
(2) information on which carriers have applied to
the Department of Transportation under that section;
and
(3) a description of the process utilized to
respond to such applications and to review the safety
fitness of those carriers.
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.
The Department of Transportation shall maintain at least
the number of Federal motor carrier safety inspectors for
international border commercial vehicle inspections as in
effect on September 30, 1997, or provide for alternative
resources and mechanisms to ensure at least an equivalent level
of commercial motor vehicle safety inspections. Such funds as
are necessary to carry out this section shall be made available
within the limitation on general operating expenses of the
Department of Transportation.
SEC. 4030. SCHOOL TRANSPORTATION SAFETY.
(a) Study.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall offer to enter into
an agreement with the Transportation Research Board of the
National Academy of Sciences to conduct, subject to the
availability of appropriations, a study of the safety issues
attendant to the transportation of school children to and from
school and school-related activities by various transportation
modes.
(b) Terms of Agreement.--The agreement under subsection (a)
shall provide that--
(1) the Transportation Research Board, in
conducting the study, shall consider--
(A) in consultation with the National
Transportation Safety Board, the Bureau of
Transportation Statistics, and other relevant
entities, available crash injury data;
(B) vehicle design and driver training
requirements, routing, and operational factors
that affect safety; and
(C) other factors that the Secretary
considers to be appropriate;
(2) if the data referred to in paragraph (1)(A) is
unavailable or insufficient, the Transportation
Research Board shall recommend a new data collection
regimen and implementation guidelines; and
(3) a panel shall conduct the study and shall
include--
(A) representatives of--
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation
operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) Report.--Not later than 12 months after the Secretary
enters into an agreement under subsection (a), the Secretary
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that contains the results of the
study.
(d) Authorization.--There are authorized to be appropriated
to the Department of Transportation to carry out this section
$200,000 for fiscal year 2000 and $200,000 for fiscal year
2001. Such sums shall remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) General Rule.--Notwithstanding the provisions of
section 13902(c)(4)(A) of title 49, United States Code, the New
Mexico Commercial Zone shall be a commercial zone for purposes
of transportation of property only under section 13506(b) of
such title.
(b) Consultation.--In carrying out this section, the
Secretary shall consult with other Federal agencies that have
responsibilities over traffic between the United States and
Mexico.
(c) Submission of Plan.--Not later than 3 months after the
date of enactment of this Act, the State of New Mexico shall
submit to the Secretary a plan describing how the State will
monitor commercial motor vehicle traffic and enforce safety
regulations.
(d) Savings Provision.--Nothing in this section shall
affect any action commenced or pending before the Secretary or
Surface Transportation Board before the date of enactment of
this Act.
(e) New Mexico Commercial Zone Defined.--In this section,
the term ``New Mexico Commercial Zone'' means the area that is
comprised of Dona Ana County and Luna County in New Mexico.
(f) Designation.--The designation and operation of the New
Mexico commercial zone shall become effective upon the date of
enactment of this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS.
(a) Study.--The Secretary shall conduct a study on the
effects of reductions of grants under section 31102 of title
49, United States Code, due to nonconformity of State
intrastate motor carrier, commercial motor vehicle, and driver
requirements with Federal interstate requirements. In
conducting the study, the Secretary shall consider, at a
minimum--
(1) national uniformity and the purposes of the
motor carrier safety assistance program;
(2) State motor carrier, commercial motor vehicle,
and driver safety oversight and enforcement
capabilities; and
(3) the safety impacts, costs, and benefits of full
participation in the program.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study.
(c) Adjustment of State Allocations.--The Secretary is
authorized to adjust State allocations under section 31103 of
title 49, United States Code, to reflect the results of the
study.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Surface transportation research.--For carrying
out sections 502, 506, 507, and 508 of title 23, United
States Code, and section 5112 of this Act $96,000,000
for fiscal year 1998, $97,000,000 for fiscal year 1999,
$97,000,000 for fiscal year 2000, $98,000,000 for
fiscal year 2001, $101,000,000 for fiscal year 2002,
and $103,000,000 for fiscal year 2003.
(2) Technology deployment program.--To carry out
section 503 of title 23, United States Code,
$35,000,000 for fiscal year 1998, $35,000,000 for
fiscal year 1999, $40,000,000 for fiscal year 2000,
$45,000,000 for fiscal year 2001, $45,000,000 for
fiscal year 2002, and $50,000,000 for fiscal year 2003.
(3) Training and education.--For carrying out
section 504 of title 23, United States Code,
$14,000,000 for fiscal year 1998, $15,000,000 for
fiscal year 1999, $16,000,000 for fiscal year 2000,
$18,000,000 for fiscal year 2001, $19,000,000 for
fiscal year 2002, and $20,000,000 for fiscal year 2003.
(4) Bureau of transportation statistics.--For the
Bureau of Transportation Statistics to carry out
section 111 of title 49, United States Code,
$31,000,000 for each of fiscal years 1998 through 2003.
(5) ITS standards, research, operational tests, and
development.--For carrying out sections 5204, 5205,
5206, and 5207 of this Act $95,000,000 for fiscal year
1998, $95,000,000 for fiscal year 1999, $98,200,000 for
fiscal year 2000, $100,000,000 for fiscal year 2001,
$105,000,000 for fiscal year 2002, $110,000,000 for
fiscal year 2003.
(6) ITS deployment.--For carrying out sections 5208
and 5209 of this Act $101,000,000 for fiscal year 1998,
$105,000,000 for fiscal year 1999, $113,000,000 for
fiscal year 2000, $118,000,000 for fiscal year 2001,
$120,000,000 for fiscal year 2002, and $122,000,000 for
fiscal year 2003.
(7) University transportation research.--For
carrying out section 5505 of title 49, United States
Code, $31,150,000 for fiscal year 1998, $31,150,000 for
fiscal year 1999, $32,750,000 for fiscal year 2000,
$32,750,000 for fiscal year 2001, $32,000,000 for
fiscal year 2002, and $32,000,000 for fiscal year 2003.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of a project or
activity carried out using such funds shall be 80 percent
(unless otherwise expressly provided by this subtitle or
otherwise determined by the Secretary with respect to a project
of activity) and such funds shall remain available until
expended.
(c) Allocations.--
(1) Surface transportation research.--Of the
amounts made available under subsection (a)(1)--
(A) $10,000,000 for each of fiscal years
1998 through 2003 shall be available to carry
out section 502(e) of title 23, United States
Code (relating to long-term pavement
performance);
(B) not to exceed $2,000,000 for each of
fiscal years 1998 through 2003 shall be
available to carry out section 502(f) of such
title (relating to seismic research), of which
not to exceed $2,500,000 may be used to upgrade
earthquake simulation facilities as required to
carry out the program;
(C) $500,000 for each of fiscal years 1998
through 2003 shall be available to carry out
section 506 of such title (relating to
international outreach); and
(D) $5,000,000 for each of fiscal years
1998 through 2003 to carry out research on
improved methods of using concrete pavement in
the construction, reconstruction, and repair of
Federal-aid highways.
(2) Technology deployment.--Of the amounts made
available under subsection (a)(2)--
(A) $1,000,000 for each of fiscal years
1998 through 2003 shall be available to carry
out section 503(b)(3)(A)(i) of title 23, United
States Code (relating to research development
technology transfer activities); and
(B) $10,000,000 for fiscal year 1998,
$15,000,000 for fiscal year 1999, $17,000,000
for fiscal year 2000, and $20,000,000 for each
of fiscal years 2001 through 2003 shall be
available to carry out section 503(b)(3)(A)(ii)
of such title (relating to repair,
rehabilitation, and construction).
(3) Training and education.--Of the amounts made
available under subsection (a)(3)--
(A) $5,000,000 for fiscal year 1998,
$6,000,000 for fiscal year 1999, $6,000,000 for
fiscal year 2000, $7,000,000 for fiscal year
2001, $7,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003 shall be
available to carry out section 504(a) of title
23, United States Code (relating to the
National Highway Institute);
(B) $7,000,000 for fiscal year 1998,
$7,000,000 for fiscal year 1999, $8,000,000 for
fiscal year 2000, $9,000,000 for fiscal year
2001, $10,000,000 for fiscal year 2002, and
$10,000,000 for fiscal year 2003 shall be
available to carry out section 504(b) of such
title (relating to local technical assistance);
and
(C) $2,000,000 for each of fiscal years
1998 through 2003 shall be available to carry
out section 504(c)(2) of such title (relating
to the Eisenhower Transportation Fellowship
Program).
(4) ITS deployment.--Of the amounts made available
under subsection (a)(6)--
(A) $74,000,000 for fiscal year 1998,
$75,000,000 for fiscal year 1999, $80,000,000
for fiscal year 2000, $83,000,000 for fiscal
year 2001, $85,000,000 for fiscal year 2002,
and $85,000,000 for fiscal year 2003 shall be
available to carry out section 5208 of this Act
(relating to Intelligent Transportation Systems
integration); and
(B) $25,500,000 for fiscal year 1998,
$27,200,000 for fiscal year 1999, $30,200,000
for fiscal year 2000, $32,200,000 for fiscal
year 2001, $33,500,000 for fiscal year 2002,
and $35,500,000 for fiscal year 2003 shall be
available to carry out section 5209 of this Act
(relating to commercial vehicle
infrastructure).
(d) Transfers of Funds.--The Secretary may transfer not to
exceed 10 percent of the amounts allocated in a fiscal year
under a subparagraph in each of paragraphs (1) through (4) of
subsection (c) to the amounts allocated under any other
subparagraph in the paragraph.
SEC. 5002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Highway
Trust Fund (other than the Mass Transit Account) by section
5001(a) of this Act shall not exceed $403,150,000 for fiscal
year 1998, $409,150,000 for fiscal year 1999, $427,950,000 for
fiscal year 2000, $442,750,000 for fiscal year 2001,
$453,000,000 for fiscal year 2002, and $468,000,000 for fiscal
year 2003.
SEC. 5003. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized for
carrying out this title or the amendments made by this title
are subject to a reprogramming action that requires notice to
be provided to the Committees on Appropriations of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(b) Notice of Reorganization.--On or before the 15th day
preceding the date of any major reorganization of a program,
project, or activity of the Department of Transportation for
which funds are authorized by this title or the amendments made
by this title, the Secretary shall provide notice of such
reorganization to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
Subtitle B--Research and Technology
SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM.
Title 23, United States Code, is amended--
(1) in the table of chapters by adding at the end
the following:
``5. Research and Technology......................................501'';
and
(2) by adding at the end the following:
``CHAPTER 5--RESEARCH AND TECHNOLOGY
``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology deployment program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research strategic planning.
``Sec. 501. Definitions
``In this chapter, the following definitions apply:
``(1) Federal laboratory.--The term `Federal
laboratory' includes a Government-owned, Government-
operated laboratory and a Government-owned, contractor-
operated laboratory.
``(2) Safety.--The term `safety' includes highway
and traffic safety systems, research, and development
relating to vehicle, highway, driver, passenger,
bicyclist, and pedestrian characteristics, accident
investigations, communications, emergency medical care,
and transportation of the injured.''.
SEC. 5102. SURFACE TRANSPORTATION RESEARCH.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 502. Surface transportation research
``(a) General Authority.--
``(1) Research, development, and technology
transfer activities.--The Secretary may carry out
research, development, and technology transfer
activities with respect to--
``(A) motor carrier transportation;
``(B) all phases of transportation planning
and development (including construction,
operation, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
``(C) the effect of State laws on the
activities described in subparagraphs (A) and
(B).
``(2) Tests and development.--The Secretary may
test, develop, or assist in testing and developing any
material, invention, patented article, or process.
``(3) Cooperation, grants, and contracts.--The
Secretary may carry out this section--
``(A) independently;
``(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories; or
``(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, the National Academy of
Sciences, the American Association of State
Highway and Transportation Officials, or any
Federal laboratory, State agency, authority,
association, institution, for-profit or
nonprofit corporation, organization, foreign
country, or person.
``(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the surface transportation research and
technology development strategic plan developed under
section 508.
``(5) Funds.--
``(A) Special account.--In addition to
other funds made available to carry out this
section, the Secretary shall use such funds as
may be deposited by any cooperating
organization or person in a special account of
the Treasury established for this purpose.
``(B) Use of funds.--The Secretary shall
use funds made available to carry out this
section to develop, administer, communicate,
and promote the use of products of research,
development, and technology transfer programs
under this section.
``(b) Collaborative Research and Development.--
``(1) In general.--To encourage innovative
solutions to surface transportation problems and
stimulate the deployment of new technology, the
Secretary may carry out, on a cost-shared basis,
collaborative research and development with--
``(A) non-Federal entities, including State
and local governments, foreign governments,
colleges and universities, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State; and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection,
the Secretary may enter into cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)).
``(3) Federal share.--
``(A) In general.--The Federal share of the
cost of activities carried out under a
cooperative research and development agreement
entered into under this subsection shall not
exceed 50 percent, except that if there is
substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(B) Non-federal share.--All costs
directly incurred by the non-Federal partners,
including personnel, travel, and hardware
development costs, shall be credited toward the
non-Federal share of the cost of the activities
described in subparagraph (A).
``(4) Use of technology.--The research,
development, or use of a technology under a cooperative
research and development agreement entered into under
this subsection, including the terms under which the
technology may be licensed and the resulting royalties
may be distributed, shall be subject to the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
``(5) Waiver of advertising requirements.--Section
3709 of the Revised Statutes (41 U.S.C. 5) shall not
apply to a contract or agreement entered into under
this chapter.
``(c) Contents of Research Program.--The Secretary shall
include in surface transportation research, technology
development, and technology transfer programs carried out under
this title coordinated activities in the following areas:
``(1) Development, use, and dissemination of
indicators, including appropriate computer programs for
collecting and analyzing data on the status of
infrastructure facilities, to measure the performance
of the surface transportation systems of the United
States, including productivity, efficiency, energy use,
air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
``(2) Methods, materials, and testing to improve
the durability of surface transportation infrastructure
facilities and extend the life of bridge structures,
including--
``(A) new and innovative technologies to
reduce corrosion;
``(B) tests simulating seismic activity,
vibration, and weather; and
``(C) the use of innovative recycled
materials.
``(3) Technologies and practices that reduce costs
and minimize disruptions associated with the
construction, rehabilitation, and maintenance of
surface transportation systems, including responses to
natural disasters.
``(4) Development of nondestructive evaluation
equipment for use with existing infrastructure
facilities and with next-generation infrastructure
facilities that use advanced materials.
``(5) Dynamic simulation models of surface
transportation systems for--
``(A) predicting capacity, safety, and
infrastructure durability problems;
``(B) evaluating planned research projects;
and
``(C) testing the strengths and weaknesses
of proposed revisions to surface transportation
operations programs.
``(6) Economic highway geometrics, structures, and
desirable weight and size standards for vehicles using
the public highways and the feasibility of uniformity
in State regulations with respect to such standards.
``(7) Telecommuting and the linkages between
transportation, information technology, and community
development and the impact of technological change and
economic restructuring on travel demand.
``(8) Expansion of knowledge of implementing life
cycle cost analysis, including--
``(A) establishing the appropriate analysis
period and discount rates;
``(B) learning how to value and properly
consider use costs;
``(C) determining tradeoffs between
reconstruction and rehabilitation; and
``(D) establishing methodologies for
balancing higher initial costs of new
technologies and improved or advanced materials
against lower maintenance costs.
``(9) Standardized estimates, to be developed in
conjunction with the National Institute of Standards
and Technology and other appropriate organizations, of
useful life under various conditions for advanced
materials of use in surface transportation.
``(10) Evaluation of traffic calming measures that
promote community preservation, transportation mode
choice, and safety.
``(11) Development and implementation of safety-
enhancing equipment, including unobtrusive eyetracking
technology.
``(d) Advanced Research.--
``(1) In general.--The Secretary shall establish an
advanced research program, consistent with the surface
transportation research and technology development
strategic plan developed under section 508, that
addresses longer-term, higher-risk research that shows
potential benefits for improving the durability,
efficiency, environmental impact, productivity, and
safety (including bicycle and pedestrian safety) of
highway and intermodal transportation systems. In
carrying out the program, the Secretary shall strive to
develop partnerships with the public and private
sectors.
``(2) Research areas.--In carrying out the program,
the Secretary may make grants and enter into
cooperative agreements and contracts in such areas as
the Secretary determines appropriate, including the
following:
``(A) Characterization of materials used in
highway infrastructure, including analytical
techniques, microstructure modeling, and the
deterioration processes.
``(B) Diagnostics for evaluation of the
condition of bridge and pavement structures to
enable the assessment of risks of failure,
including from seismic activity, vibration, and
weather.
``(C) Design and construction details for
composite structures.
``(D) Safety technology-based problems in
the areas of pedestrian and bicycle safety,
roadside hazards, and composite materials for
roadside safety hardware.
``(E) Environmental research, including
particulate matter source apportionment and
model development.
``(F) Data acquisition techniques for
system condition and performance monitoring.
``(G) Human factors, including prediction
of the response of travelers to new
technologies.
``(e) Long-Term Pavement Performance Program.--
``(1) Authority.--The Secretary shall complete the
long-term pavement performance program tests initiated
under the strategic highway research program
established under section 307(d) (as in effect on the
day before the date of enactment of this section) and
continued by the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914 et seq.) through
the midpoint of a planned 20-year life of the long-term
pavement performance program.
``(2) Grants, cooperative agreements, and
contracts.--Under the program, the Secretary shall make
grants and enter into cooperative agreements and
contracts to--
``(A) monitor, material-test, and evaluate
highway test sections in existence as of the
date of the grant, agreement, or contract;
``(B) analyze the data obtained in carrying
out subparagraph (A); and
``(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.
``(f) Seismic Research Program.--
``(1) Establishment.--The Secretary shall establish
a program to study the vulnerability of the Federal-aid
highway system and other surface transportation systems
to seismic activity and to develop and implement cost-
effective methods to reduce such vulnerability.
``(2) Cooperation with national center for
earthquake engineering research.--The Secretary shall
conduct the program in cooperation with the National
Center for Earthquake Engineering Research at the
University of Buffalo.
``(3) Cooperation with agencies participating in
national earthquake hazards reduction program.--The
Secretary shall conduct the program in consultation and
cooperation with Federal departments and agencies
participating in the National Earthquake Hazards
Reduction Program established by section 5 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704) and shall take such actions as may be necessary
to ensure that the program is consistent with--
``(A) planning and coordination activities
of the Director of the Federal Emergency
Management Agency under section 5(b)(1) of such
Act (42 U.S.C. 7704(b)(1)); and
``(B) the plan developed by the Director of
the Federal Emergency Management Agency under
section 8(b) of such Act (42 U.S.C. 7705b(b)).
``(g) Infrastructure Investment Needs Report.--
``(1) In general.--Not later than January 31, 1999,
and January 31 of every second year thereafter, the
Secretary shall report to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on--
``(A) estimates of the future highway and
bridge needs of the United States; and
``(B) the backlog of current highway and
bridge needs.
``(2) Comparison with prior reports.--Each report
under paragraph (1) shall provide the means, including
all necessary information, to relate and compare the
conditions and service measures used in the 3 biannual
reports published prior to the date of enactment of the
Transportation Equity Act for the 21st Century.''.
SEC. 5103. TECHNOLOGY DEPLOYMENT.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 503. Technology deployment
``(a) Technology Deployment Initiatives and Partnerships
Program.--
``(1) Establishment.--The Secretary shall develop
and administer a national technology deployment
initiatives and partnerships program.
``(2) Purpose.--The purpose of the program shall be
to significantly accelerate the adoption of innovative
technologies by the surface transportation community.
``(3) Deployment goals.--
``(A) Establishment.--Not later than 180
days after the date of enactment of this
section, the Secretary shall establish not more
than 5 deployment goals to carry out paragraph
(1).
``(B) Design.--Each of the goals and the
program developed to achieve the goals shall be
designed to provide tangible benefits, with
respect to transportation systems, in the areas
of efficiency, safety, reliability, service
life, environmental protection, and
sustainability.
``(C) Strategies for achievement.--For each
goal, the Secretary, in cooperation with
representatives of the transportation community
such as States, local governments, the private
sector, and academia, shall use domestic and
international technology to develop strategies
and initiatives to achieve the goal, including
technical assistance in deploying technology
and mechanisms for sharing information among
program participants.
``(4) Integration with other programs.--The
Secretary shall integrate activities carried out under
this subsection with the efforts of the Secretary to
disseminate the results of research sponsored by the
Secretary and to facilitate technology transfer.
``(5) Leveraging of federal resources.--In
selecting projects to be carried out under this
subsection, the Secretary shall give preference to
projects that leverage Federal funds with other
significant public or private resources.
``(6) Continuation of shrp partnerships.--Under the
program, the Secretary shall continue the partnerships
established through the strategic highway research
program established under section 307(d) (as in effect
on the day before the date of enactment of this
section).
``(7) Grants, cooperative agreements, and
contracts.--Under the program, the Secretary may make
grants and enter into cooperative agreements and
contracts to foster alliances and support efforts to
stimulate advances in transportation technology,
including--
``(A) the testing and evaluation of
products of the strategic highway research
program;
``(B) the further development and
implementation of technology in areas such as
the Superpave system and the use of lithium
salts and other alternatives to prevent and
mitigate alkali silica reactivity;
``(C) the provision of support for long-
term pavement performance product
implementation and technology access; and
``(D) other activities to achieve the goals
established under paragraph (3).
``(8) Reports.--Not later than 18 months after the
date of enactment of this section, and biennially
thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the progress and
results of activities carried out under this section.
``(9) Allocation.--To the extent appropriate to
achieve the goals established under paragraph (3), the
Secretary may further allocate funds made available to
carry out this section to States for their use.
``(b) Innovative Bridge Research and Construction
Program.--
``(1) In general.--The Secretary shall establish
and carry out a program to demonstrate the application
of innovative material technology in the construction
of bridges and other structures.
``(2) Goals.--The goals of the program shall
include--
``(A) the development of new, cost-
effective innovative material highway bridge
applications;
``(B) the reduction of maintenance costs
and life-cycle costs of bridges, including the
costs of new construction, replacement, or
rehabilitation of deficient bridges;
``(C) the development of construction
techniques to increase safety and reduce
construction time and traffic congestion;
``(D) the development of engineering design
criteria for innovative products and materials
for use in highway bridges and structures;
``(E) the development of cost-effective and
innovative techniques to separate vehicle and
pedestrian traffic from railroad traffic;
``(F) the development of highway bridges
and structures that will withstand natural
disasters, including alternative processes for
the seismic retrofit of bridges; and
``(G) the development of new nondestructive
bridge evaluation technologies and techniques.
``(3) Grants, cooperative agreements, and
contracts.--
``(A) In general.--Under the program, the
Secretary shall make grants to, and enter into
cooperative agreements and contracts with--
``(i) States, other Federal
agencies, universities and colleges,
private sector entities, and nonprofit
organizations to pay the Federal share
of the cost of research, development,
and technology transfer concerning
innovative materials; and
``(ii) States to pay the Federal
share of the cost of repair,
rehabilitation, replacement, and new
construction of bridges or structures
that demonstrate the application of
innovative materials.
``(B) Applications.--To receive a grant
under this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the
Secretary may require. The Secretary shall
select and approve the applications based on
whether the project that is the subject of the
grant meets the goals of the program described
in paragraph (2).
``(4) Technology and information transfer.--The
Secretary shall take such action as is necessary to
ensure that the information and technology resulting
from research conducted under paragraph (3) is made
available to State and local transportation departments
and other interested parties as specified by the
Secretary.
``(5) Federal share.--The Federal share of the cost
of a project under this section shall be determined by
the Secretary.''.
SEC. 5104. TRAINING AND EDUCATION.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 504. Training and education
``(a) National Highway Institute.--
``(1) In general.--The Secretary shall operate in
the Federal Highway Administration a National Highway
Institute (in this subsection referred to as the
`Institute'). The Secretary shall administer, through
the Institute, the authority vested in the Secretary by
this title or by any other law for the development and
conduct of education and training programs relating to
highways.
``(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
``(A) Federal Highway Administration,
State, and local transportation agency
employees;
``(B) regional, State, and metropolitan
planning organizations;
``(C) State and local police, public
safety, and motor vehicle employees; and
``(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
``(3) Courses.--The Institute may develop and
administer courses in modern developments, techniques,
methods, regulations, management, and procedures
relating to surface transportation, environmental
mitigation and compliance, acquisition of rights-of-
way, relocation assistance, engineering, safety,
construction, maintenance and operations, contract
administration, motor carrier safety activities,
inspection, and highway finance.
``(4) Set-aside; federal share.--Not to exceed \1/
2\ of 1 percent of the funds apportioned to a State
under section 104(b)(3) for the surface transportation
program shall be available for expenditure by the State
transportation department for the payment of not to
exceed 80 percent of the cost of tuition and direct
educational expenses (excluding salaries) in connection
with the education and training of employees of State
and local transportation agencies in accordance with
this subsection.
``(5) Federal responsibility.--
``(A) In general.--Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local
transportation (including highway) agencies
authorized under this subsection may be
provided--
``(i) by the Secretary at no cost
to the States and local governments if
the Secretary determines that provision
at no cost is in the public interest;
or
``(ii) by the State through grants,
cooperative agreements, and contracts
with public and private agencies,
institutions, individuals, and the
Institute.
``(B) Payment of full cost by private
persons.--Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training
received by them unless the Secretary
determines that a lower cost is of critical
importance to the public interest.
``(6) Training fellowships; cooperation.--The
Institute may--
``(A) engage in training activities
authorized under this subsection, including the
granting of training fellowships; and
``(B) carry out its authority independently
or in cooperation with any other branch of the
Federal Government or any State agency,
authority, association, institution, for-profit
or nonprofit corporation, other national or
international entity, or other person.
``(7) Collection of fees.--
``(A) General rule.--In accordance with
this subsection, the Institute may assess and
collect fees solely to defray the costs of the
Institute in developing or administering
education and training programs under this
subsection.
``(B) Limitation.--Fees may be assessed and
collected under this subsection only in a
manner that may reasonably be expected to
result in the collection of fees during any
fiscal year in an aggregate amount that does
not exceed the aggregate amount of the costs
referred to in subparagraph (A) for the fiscal
year.
``(C) Persons subject to fees.--Fees may be
assessed and collected under this subsection
only with respect to--
``(i) persons and entities for whom
education or training programs are
developed or administered under this
subsection; and
``(ii) persons and entities to whom
education or training is provided under
this subsection.
``(D) Amount of fees.--The fees assessed
and collected under this subsection shall be
established in a manner that ensures that the
liability of any person or entity for a fee is
reasonably based on the proportion of the costs
referred to in subparagraph (A) that relate to
the person or entity.
``(E) Use.--All fees collected under this
subsection shall be used to defray costs
associated with the development or
administration of education and training
programs authorized under this subsection.
``(8) Relation to fees.--The funds made available
to carry out this subsection may be combined with or
held separate from the fees collected under paragraph
(7).
``(b) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a
local technical assistance program that will provide
access to surface transportation technology to--
``(A) highway and transportation agencies
in urbanized areas with populations of between
50,000 and 1,000,000 individuals;
``(B) highway and transportation agencies
in rural areas; and
``(C) contractors that do work for the
agencies.
``(2) Grants, cooperative agreements, and
contracts.--The Secretary may make grants and enter
into cooperative agreements and contracts to provide
education and training, technical assistance, and
related support services to--
``(A) assist rural, local transportation
agencies and tribal governments, and the
consultants and construction personnel working
for the agencies and governments, to--
``(i) develop and expand their
expertise in road and transportation
areas (including pavement, bridge,
concrete structures, safety management
systems, and traffic safety
countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--
``(I) programs for the
movement of passengers and
freight; and
``(II) intergovernmental
transportation planning and
project selection; and
``(iv) deal effectively with
special transportation-related problems
by preparing and providing training
packages, manuals, guidelines, and
technical resource materials;
``(B) develop technical assistance for
tourism and recreational travel;
``(C) identify, package, and deliver
transportation technology and traffic safety
information to local jurisdictions to assist
urban transportation agencies in developing and
expanding their ability to deal effectively
with transportation-related problems;
``(D) operate, in cooperation with State
transportation departments and universities--
``(i) local technical assistance
program centers designated to provide
transportation technology transfer
services to rural areas and to
urbanized areas with populations of
between 50,000 and 1,000,000
individuals; and
``(ii) local technical assistance
program centers designated to provide
transportation technical assistance to
Indian tribal governments; and
``(E) allow local transportation agencies
and tribal governments, in cooperation with the
private sector, to enhance new technology
implementation.
``(c) Research Fellowships.--
``(1) General authority.--The Secretary, acting
either independently or in cooperation with other
Federal departments, agencies, and instrumentalities,
may make grants for research fellowships for any
purpose for which research is authorized by this
chapter.
``(2) Dwight david eisenhower transportation
fellowship program.--The Secretary shall establish and
implement a transportation research fellowship program
for the purpose of attracting qualified students to the
field of transportation. The program shall be known as
the `Dwight David Eisenhower Transportation Fellowship
Program'.''.
SEC. 5105. STATE PLANNING AND RESEARCH.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 505. State planning and research
``(a) General Rule.--Two percent of the sums apportioned to
a State for fiscal year 1998 and each fiscal year thereafter
under section 104 (other than sections 104(f) and 104(h)) and
under section 144 shall be available for expenditure by the
State, in consultation with the Secretary, only for the
following purposes:
``(1) Engineering and economic surveys and
investigations.
``(2) The planning of future highway programs and
local public transportation systems and the planning of
the financing of such programs and systems, including
metropolitan and statewide planning under sections 134
and 135.
``(3) Development and implementation of management
systems under section 303.
``(4) Studies of the economy, safety, and
convenience of surface transportation systems and the
desirable regulation and equitable taxation of such
systems.
``(5) Research, development, and technology
transfer activities necessary in connection with
theplanning, design, construction, management, and maintenance of
highway, public transportation, and intermodal transportation systems.
``(6) Study, research, and training on the
engineering standards and construction materials for
transportation systems described in paragraph (5),
including the evaluation and accreditation of
inspection and testing and the regulation and taxation
of their use.
``(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
``(1) In general.--Subject to paragraph (2), not
less than 25 percent of the funds subject to subsection
(a) that are apportioned to a State for a fiscal year
shall be expended by the State for research,
development, and technology transfer activities
described in subsection (a), relating to highway,
public transportation, and intermodal transportation
systems.
``(2) Waivers.--The Secretary may waive the
application of paragraph (1) with respect to a State
for a fiscal year if the State certifies to the
Secretary for the fiscal year that total expenditures
by the State for transportation planning under sections
134 and 135 will exceed 75 percent of the funds
described in paragraph (1) and the Secretary accepts
such certification.
``(3) Nonapplicability of assessment.--Funds
expended under paragraph (1) shall not be considered to
be part of the extramural budget of the agency for the
purpose of section 9 of the Small Business Act (15
U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a) shall
be 80 percent unless the Secretary determines that the
interests of the Federal-aid highway program would be best
served by decreasing or eliminating the non-Federal share.
``(d) Administration of Sums.--Funds subject to subsection
(a) shall be combined and administered by the Secretary as a
single fund and shall be available for obligation for the same
period as funds apportioned under section 104(b)(1).''.
SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 506. International highway transportation outreach program
``(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
``(1) to inform the United States highway community
of technological innovations in foreign countries that
could significantly improve highway transportation in
the United States;
``(2) to promote United States highway
transportation expertise, goods, and services in
foreign countries; and
``(3) to increase transfers of United States
highway transportation technology to foreign countries.
``(b) Activities.--Activities carried out under the program
may include--
``(1) development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries
that could significantly improve highway transportation
in the United States;
``(2) research, development, demonstration,
training, and other forms of technology transfer and
exchange;
``(3) informing foreign countries about the
technical quality of United States highway
transportation goods and services through participation
in trade shows, seminars, expositions, and other such
activities;
``(4) offering technical services of the Federal
Highway Administration that cannot be readily obtained
from United States private sector firms to be
incorporated into the proposals of United States
private sector firms undertaking highway transportation
projects outside the United States if the costs of such
services will be recovered under the terms of the
project;
``(5) conducting studies to assess the need for or
feasibility of highway transportation improvements in
countries that are not members of the Organization for
Economic Cooperation and Development, as of December
18, 1991, and in Greece and Turkey; and
``(6) gathering and disseminating information on
foreign transportation markets and industries.
``(c) Cooperation.--The Secretary may carry out this
section in cooperation with any appropriate Federal agency,
State or local agency, authority, association, institution,
corporation (profit or nonprofit), foreign government,
multinational institution, or other organization or person.
``(d) Funds.--
``(1) Contributions.--Funds available to carry out
this section shall include funds deposited by any
cooperating organization or person into a special
account of the Treasury established for this purpose.
``(2) Eligible uses of funds.--The funds deposited
into the account and other funds available to carry out
this section shall be available to cover the cost of
any activity eligible under this section, including the
cost of promotional materials, travel, reception and
representation expenses, and salaries and benefits.
``(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department
of Transportation employees providing services under
this section shall be credited to the account.
``(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out section 505 for any activity
authorized under subsection (a).''.
SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE RESEARCH
PROGRAM.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 507. Surface transportation-environment cooperative research
program
``(a) In General.--The Secretary shall establish and carry
out a surface transportation-environment cooperative research
program.
``(b) Contents.--The program to be carried out under this
section shall include research designed--
``(1) to develop more accurate models for
evaluating transportation control measures and
transportation system designs that are appropriate for
use by State and local governments, including
metropolitan planning organizations, in designing
implementation plans to meet Federal, State, and local
environmental requirements;
``(2) to improve understanding of the factors that
contribute to the demand for transportation, including
transportation system design, demographic change, land
use planning, and communications and other information
technologies;
``(3) to develop indicators of economic, social,
and environmental performance of transportation systems
to facilitate analysis of potential alternatives;
``(4) to study the relationship between highway
density and ecosystem integrity, including the impacts
of highway density on habitat integrity and overall
ecosystem health, and develop a rapid assessment
methodology for use by transportation and regulatory
agencies in determining the relationship between
highway density and ecosystem integrity; and
``(5) to meet additional priorities as determined
by the advisory board established under subsection (c),
including recommendations of the National Research
Council in the report entitled `Environmental Research
Needs in Transportation'.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the
Secretary of Energy, the Administrator of the
Environmental Protection Agency, and the heads of other
appropriate Federal departments and agencies, the
Secretary shall establish an advisory board to
recommend environmental and energy conservation
research, technology, and technology transfer
activities related to surface transportation.
``(2) Membership.--The advisory board shall
include--
``(A) representatives of State
transportation and environmental agencies;
``(B) transportation and environmental
scientists and engineers; and
``(C) representatives of metropolitan
planning organizations, transit operating
agencies, and environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary
determines appropriate.''.
SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC PLANNING.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 508. Surface transportation research strategic planning
``(a) In General.--The Secretary shall--
``(1) establish a strategic planning process,
consistent with section 306 of title 5 for the
Department of Transportation to determine national
transportation research and technology development
priorities related to surface transportation;
``(2) coordinate Federal surface transportation
research and technology development activities;
``(3) measure the results of those activities and
how they impact the performance of the surface
transportation systems of the United States; and
``(4) ensure that planning and reporting activities
carried out under this section are coordinated with all
other surface transportation planning and reporting
requirements.
``(b) Implementation.--The Secretary shall--
``(1) provide for the integrated planning,
coordination, and consultation among the operating
administrations of the Department of Transportation,
all other Federal agencies with responsibility for
surface transportation research and technology
development, State and local governments, institutions
of higher education, industry, and other private and
public sector organizations engaged in surface
transportation-related research and development
activities;
``(2) ensure that the surface transportation
research and technology development programs of the
Department do not duplicate other Federal, State, or
private sector research and development programs; and
``(3) provide for independent validation of the
scientific and technical assumptions underlying the
surface transportation research and technology
development programs of the Department.
``(c) Surface Transportation Research and Technology
Development Strategic Plan.--
``(1) Development.--The Secretary shall develop an
integrated surface transportation research and
technology development strategic plan.
``(2) Contents.--The plan shall include--
``(A) an identification of the general
goals and objectives of the Department of
Transportation for surface transportation
research and development;
``(B) a description of the roles of the
Department and other Federal agencies in
achieving the goals identified under
subparagraph (A), in order to avoid unnecessary
duplication of effort;
``(C) a description of the overall strategy
of the Department, and the role of each of the
operating administrations of the Department, in
carrying out the plan over the next 5 years,
including a description of procedures for
coordination of the efforts of the Secretary
with the efforts of the operating
administrations of the Department and other
Federal agencies;
``(D) an assessment of how State and local
research and technology development activities
are contributing to the achievement of the
goals identified under subparagraph (A);
``(E) details of the surface transportation
research and technology development programs of
the Department, including performance goals,
resources needed to achieve those goals, and
performance indicators as described in section
1115(a) of title 31, United States Code, for
the next 5 years for each area of research and
technology development;
``(F) significant comments on the plan
obtained from outside sources; and
``(G) responses to significant comments
obtained from the National Research Council and
other advisory bodies, and a description of any
corrective actions taken pursuant to such
comments.
``(3) National research council review.--The
Secretary shall enter into an agreement for thereview
by the National Research Council of the details of each--
``(A) strategic plan or revision required
under section 306 of title 5;
``(B) performance plan required under
section 1115 of title 31; and
``(C) program performance report required
under section 1116,
with respect to surface transportation research and
technology development.
``(4) Performance plans and reports.--In reports
submitted under sections 1115 and 1116 of title 31, the
Secretary shall include--
``(A) a summary of the results for the
previous fiscal year of surface transportation
research and technology development programs to
which the Department of Transportation
contributes, along with--
``(i) an analysis of the
relationship between those results and
the goals identified under paragraph
(2)(A); and
``(ii) a description of the
methodology used for assessing the
results; and
``(B) a description of significant surface
transportation research and technology
development initiatives, if any, undertaken
during the previous fiscal year that were not
in the plan developed under paragraph (1), and
any significant changes in the plan from the
previous year's plan.
``(d) Merit Review and Performance Measurement.--Not later
than 1 year after the date of enactment of this section, the
Secretary shall transmit to Congress a report describing
competitive merit review procedures for use in selecting
grantees and contractors in the programs covered by the plan
developed under subsection (c) and performance measurement
procedures for evaluating the programs.
``(e) Procurement Procedures.--The Secretary shall--
``(1) develop model procurement procedures that
encourage the use of advanced technologies; and
``(2) develop model transactions for carrying out
and coordinating Federal and State surface
transportation research and technology development
activities.
``(f) Consistency With Government Performance and Results
Act of 1993.--The plans and reports developed under this
section shall be consistent with and incorporated as part of
the plans developed under section 306 of title 5 and sections
1115 and 1116 of title 31.''.
SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 111 of title 49, United States
Code, is amended--
(1) in subsection (b)(4) by striking the second
sentence;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (J) by striking
``and'' at the end;
(ii) in subparagraph (K) by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following:
``(L) transportation-related variables that
influence global competitiveness.'';
(B) in paragraph (2)--
(i) in the first sentence by
striking ``national transportation
system'' and inserting ``transportation
systems of the United States'';
(ii) by striking subparagraph (A)
and inserting the following:
``(A) be coordinated with efforts to
measure outputs and outcomes of the Department
of Transportation and the transportation
systems of the United States under the
Government Performance and Results Act of 1993
(107 Stat. 285 et seq.) and the amendments made
by such Act;''; and
(iii) in subparagraph (C) by
inserting ``, made relevant to the
States and metropolitan planning
organizations,'' after ``accuracy'';
(C) in paragraph (3) by adding at the end
the following: ``The Bureau shall review and
report to the Secretary of Transportation on
the sources and reliability of the statistics
proposed by the heads of the operating
administrations of the Department to measure
outputs and outcomes as required by the
Government Performance and Results Act of 1993,
and the amendments made by such Act, and shall
carry out such other reviews of the sources and
reliability of other data collected by the
heads of the operating administrations of the
Department as shall be requested by the
Secretary.''; and
(D) by adding at the end the following:
``(7) Supporting transportation decisionmaking.--
Ensuring that the statistics compiled under paragraph
(1) are relevant for transportation decisionmaking by
the Federal Government, State and local governments,
transportation-related associations, private
businesses, and consumers.'';
(3) by redesignating subsections (d), (e), and (f)
as subsections (h), (i), and (j), respectively;
(4) by striking subsection (g);
(5) by inserting after subsection (c) the
following:
``(d) Intermodal Transportation Data Base.--
``(1) In general.--In consultation with the
Associate Deputy Secretary, the Assistant Secretaries,
and the heads of the operating administrations of the
Department of Transportation, the Director shall
establish and maintain a transportation data base for
all modes of transportation.
``(2) Use.--The data base shall be suitable for
analyses carried out by the Federal Government, the
States, and metropolitan planning organizations.
``(3) Contents.--The data base shall include--
``(A) information on the volumes and
patterns of movement of goods, including local,
interregional, and international movement, by
all modes of transportation and intermodal
combinations, and by relevant classification;
``(B) information on the volumes and
patterns of movement of people, including
local, interregional, and international
movements, by all modes of transportation
(including bicycle and pedestrian modes) and
intermodal combinations, and by relevant
classification;
``(C) information on the location and
connectivity of transportation facilities and
services; and
``(D) a national accounting of expenditures
and capital stocks on each mode of
transportation and intermodal combination.
``(e) National Transportation Library.--
``(1) In general.--The Director shall establish and
maintain a National Transportation Library, which shall
contain a collection of statistical and other
information needed for transportation decisionmaking at
the Federal, State, and local levels.
``(2) Access.--The Director shall facilitate and
promote access to the Library, with the goal of
improving the ability of the transportation community
to share information and the ability of the Directorto
make statistics readily accessible under subsection (c)(5).
``(3) Coordination.--The Director shall work with
other transportation libraries and other transportation
information providers, both public and private, to
achieve the goal specified in paragraph (2).
``(f) National Transportation Atlas Data Base.--
``(1) In general.--The Director shall develop and
maintain geospatial data bases that depict--
``(A) transportation networks;
``(B) flows of people, goods, vehicles, and
craft over the networks; and
``(C) social, economic, and environmental
conditions that affect or are affected by the
networks.
``(2) Intermodal network analysis.--The data bases
shall be able to support intermodal network analysis.
``(g) Research and Development Grants.--
``(1) In general.--The Secretary may make grants
to, or enter into cooperative agreements or contracts
with, public and nonprofit private entities (including
State transportation departments, metropolitan planning
organizations, and institutions of higher education)
for--
``(A) investigation of the subjects
specified in subsection (c)(1) and research and
development of new methods of data collection,
management, integration, dissemination,
interpretation, and analysis;
``(B) development of electronic
clearinghouses of transportation data and
related information, as part of the National
Transportation Library under subsection (e);
and
``(C) development and improvement of
methods for sharing geographic data, in support
of the national transportation atlas data base
under subsection (f) and the National Spatial
Data Infrastructure developed under Executive
Order No. 12906.
``(2) Limitation.--Not more than $500,000 of the
amounts made available to carry out this section in a
fiscal year may be used to carry out this
subsection.'';
(6) by striking subsection (i) (as redesignated by
paragraph (3) of this subsection) and inserting the
following:
``(i) Prohibition on Certain Disclosures.--
``(1) In general.--An officer or employee of the
Bureau may not--
``(A) make any disclosure in which the data
provided by an individual or organization under
subsection (c)(2) can be identified;
``(B) use the information provided under
subsection (c)(2) for a nonstatistical purpose;
or
``(C) permit anyone other than an
individual authorized by the Director to
examine any individual report provided under
subsection (c)(2).
``(2) Prohibition on requests for certain data.--
``(A) Government agencies.--No department,
bureau, agency, officer, or employee of the
United States (except the Director in carrying
out this section) may require, for any reason,
a copy of any report that has been filed under
subsection (c)(2) with the Bureau or retained
by an individual respondent.
``(B) Courts.--Any copy of a report
described in subparagraph (A) that has been
retained by an individual respondent or filed
withthe Bureau or any of its employees,
contractors, or agents--
``(i) shall be immune from legal
process; and
``(ii) shall not, without the
consent of the individual concerned, be
admitted as evidence or used for any
purpose in any action, suit, or other
judicial or administrative proceeding.
``(C) Applicability.--This paragraph shall
apply only to reports that permit information
concerning an individual or organization to be
reasonably inferred by direct or indirect
means.
``(3) Data collected for nonstatistical purposes.--
In a case in which the Bureau is authorized by statute
to collect data or information for a nonstatistical
purpose, the Director shall clearly distinguish the
collection of the data or information, by rule and on
the collection instrument, so as to inform a respondent
that is requested or required to supply the data or
information of the nonstatistical purpose.'';
(7) in subsection (j) (as redesignated by paragraph
(3) of this subsection) by striking ``On or before
January 1, 1994, and annually thereafter, the'' and
inserting ``The''; and
(8) by adding at the end the following:
``(k) Proceeds of Data Product Sales.--Notwithstanding
section 3302 of title 31, United States Code, funds received by
the Bureau from the sale of data products, for necessary
expenses incurred, may be credited to the Highway Trust Fund
(other than the Mass Transit Account) for the purpose of
reimbursing the Bureau for the expenses.''.
(b) Conforming Amendments.--Section 5503 of title 49,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g)
as subsections (d), (e), and (f), respectively.
SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 5505. University transportation research
``(a) Regional Centers.--The Secretary of Transportation
shall make grants to nonprofit institutions of higher learning
to establish and operate 1 university transportation center in
each of the 10 United States Government regions that comprise
the Standard Federal Regional Boundary System.
``(b) Other Centers.--The Secretary shall make grants to
nonprofit institutions of higher learning to establish and
operate university transportation centers, in addition to the
centers receiving grants under subsection (a), to address
transportation management and research and development matters,
with special attention to increasing the number of highly
skilled individuals entering the field of transportation.
``(c) Selection of Grant Recipients.--
``(1) Applications.--In order to be eligible to
receive a grant under this section, a nonprofit
institution of higher learning shall submit to the
Secretary an application that is in such form and
contains such information as the Secretary may require.
``(2) Selection criteria.--Except as otherwise
provided by this section, the Secretary shall select
each recipient of a grant under this section through a
competitive process on the basis of the following:
``(A) For regional centers, the location of
the center within the Federal region to be
served.
``(B) The demonstrated research and
extension resources available to the recipient
to carry out this section.
``(C) The capability of the recipient to
provide leadership in making national and
regional contributions to the solution of
immediate and long-range transportation
problems.
``(D) The recipient's establishment of a
surface transportation program encompassing
several modes of transportation.
``(E) The recipient's demonstrated
commitment of at least $200,000 in regularly
budgeted institutional amounts each year to
support ongoing transportation research and
education programs.
``(F) The recipient's demonstrated ability
to disseminate results of transportation
research and education programs through a
statewide or regionwide continuing education
program.
``(G) The strategic plan the recipient
proposes to carry out under the grant.
``(d) Objectives.--Each university transportation center
receiving a grant under this section shall conduct the
following programs and activities:
``(1) Basic and applied research, the products of
which are judged by peers or other experts in the field
to advance the body of knowledge in transportation.
``(2) An education program that includes
multidisciplinary course work and participation in
research.
``(3) An ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented, utilized, or
otherwise applied.
``(e) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a recipient shall enter
into an agreement with the Secretary to ensure that the
recipient will maintain total expenditures from all other
sources to establish and operate a university transportation
center and related research activities at a level at least
equal to the average level of such expenditures in its 2 fiscal
years prior to award of a grant under this section.
``(f) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section is
50 percent of costs. The non-Federal share may include funds
provided to a recipient under section 503, 504(b), or 505 of
title 23, United States Code.
``(g) Program Coordination.--
``(1) Coordination.--The Secretary shall coordinate
the research, education, training, and technology
transfer activities that grant recipients carry out
under this section, disseminate the results of the
research, and establish and operate a clearinghouse.
``(2) Annual review and evaluation.--At least
annually and consistent with the plan developed under
section 5506, the Secretary shall review and evaluate
programs the grant recipients carry out.
``(3) Funding limitation.--The Secretary may use
not more than 1 percent of amounts made available from
Government sources to carry out this subsection.
``(h) Limitation on Availability of Funds.--Funds made
available to carry out this program shall remain available for
obligation for a period of 2 years after the last day of the
fiscal year for which such funds are authorized.
``(i) Number and Amount of Grants.--
``(1) Fiscal years 1998 and 1999.--For each of
fiscal years 1998 and 1999, the Secretary shall make
the following grants under this section:
``(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions in group A.
``(B) Group b.--The Secretary shall make a
grant in the amount of $300,000 to each of the
institutions in group B.
``(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions in group C.
``(D) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions in group D.
``(2) Fiscal years 2000 and 2001.--For each of
fiscal years 2000 and 2001, the Secretary shall make
the following grants under this section:
``(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions in group A.
``(B) Group b.--The Secretary shall make a
grant in the amount of $500,000 to 8 of the
institutions in group B.
``(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions in group C.
``(D) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions in group D.
``(3) Fiscal years 2002 and 2003.--For each of
fiscal years 2002 and 2003, the Secretary shall make
the following grants under this section:
``(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions in group A.
``(B) Groups b and c.--The Secretary shall
make a grant in the amount of $1,000,000 to 10
of the institutions in groups B and C that
received grants under this section in fiscal
years 2000 and 2001.
``(C) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions in group D.
``(j) Identification of Groups.--For the purpose of making
grants this section, the following groups are identified:
``(1) Group a.--Group A shall consist of the 10
regional centers selected under subsection (a).
``(2) Group b.--Group B shall consist of the
following:
``(A) The University of Denver and
Mississippi State University.
``(B) The University of Central Florida.
``(C) University of Southern California and
California State University at Long Beach.
``(D) Rutgers University.
``(E) University of Missouri at Rolla.
``(F) South Carolina State University.
``(G) Joseph P. Kennedy Science and
Technology Center, Assumption College,
Massachusetts.
``(H) Purdue University.
``(3) Group c.--Group C shall consist of the
following:
``(A) University of Arkansas.
``(B) New Jersey Institute of Technology.
``(C) University of Idaho.
``(D) The University of Alabama.
``(E) Morgan State University.
``(F) North Carolina State University.
``(G) San Jose State University.
``(H) University of South Florida.
``(I) North Carolina A. and T. State
University.
``(4) Group d.--Group D shall consist of the
following:
``(A) University of Minnesota.
``(B) Marshall University, West Virginia,
on behalf of a consortium of West Virginia
colleges and universities.
``(C) George Mason University, along with
the University of Virginia and Virginia Tech
University.
``(D) Western Transportation Institute.
``(E) Rhode Island Transportation Research
Center.
``(F) Northwestern University.''.
(b) Conforming Amendment.--The table of sections for
chapter 55 of title 49, United States Code, is amended by
inserting after the item relating to section 5504 the
following:
``5505. University transportation research.''.
(c) Repeals.--Section 5316 and 5317 of title 49, United
States Code, and the items relating to such sections in the
analysis for chapter 53 of such title, are repealed.
SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.
(a) In General.--Subchapter I of chapter 55 of subtitle I
of title 49, United States Code (as amended by section 5110 of
this Act), is amended by adding at the end the following:
``Sec. 5506. Advanced vehicle technologies program
``(a) Purposes.--The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research,
development, and deployment of transportation technologies that
will use technological advances in multimodal vehicles, vehicle
components, environmental technologies, and related
infrastructure to remove impediments to an efficient, safe, and
cost-effective national transportation system.
``(b) Definition of Eligible Consortium.--In this section,
the term `eligible consortium' means a consortium that receives
funding under the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2
or more of the following entities:
``(1) Businesses incorporated in the United States.
``(2) Public or private educational or research
organizations located in the United States.
``(3) Entities of State or local governments in the
United States.
``(4) Federal laboratories.
``(c) Program.--The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized by
section 2371 of title 10 with, and make grants to, eligible
consortia to promote the development and deployment of
innovation in transportation technology services, management,
and operational practices.
``(d) Eligibility Criteria.--To be eligible to receive
assistance under this section, an eligible consortium shall--
``(1) for a period of not less than the 3 years
preceding the date of a contract, cooperative
agreement, or other transaction, be organized on a
statewide or multistate basis for the purpose of
designing, developing, and deploying transportation
technologies that address identified technological
impediments in the transportation field;
``(2) facilitate the participation in the
consortium of small- and medium-sized businesses,
utilities, public laboratories and universities, and
other relevant entities;
``(3) be actively engaged in transportation
technology projects that address compliance in
nonattainment areas under the Clean Air Act (42 U.S.C.
7401 et seq.);
``(4) be designed to use Federal and State funding
to attract private capital in the form of grants or
investments to carry out this section; and
``(5) ensure that at least 50 percent of the
funding for the consortium project will be provided by
non-Federal sources.
``(e) Proposals.--The Secretary shall prescribe such terms
and conditions as the Secretary determines to be appropriate
for the content and structure of proposals submitted for
assistance under this section.
``(f) Reporting Requirements.--At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the projects undertaken by the eligible consortia and
the progress made in advancing the purposes of this section.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 for
each of fiscal years 1999 through 2003, to remain
available until expended.
``(2) Availability.--Notwithstanding section
118(a), funds made available under paragraph (1) shall
not be available in advance of an annual
appropriation.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by inserting after the
item relating to section 5505 the following:
``5506. Advanced vehicle technologies program.''.
SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.
(a) Study.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall make a grant to, or
enter into a cooperative agreement or contract with, the
Transportation Research Board of the National Academy of
Sciences (in this section referred to as the ``Board'') to
conduct a study to determine the goals, purposes, research
agenda and projects, administrative structure, and fiscal needs
for a new strategic highway research program to replace the
program established under section 307(d) (as in effect on the
day before the date of enactment of this Act), or a similar
effort.
(b) Consultation.--In conducting the study, the Board shall
consult with the American Association of State Highway and
Transportation Officials and such other entities as the Board
determines appropriate to the conduct of the study.
(c) Report.--Not later than 5 years after making a grant or
entering into a cooperative agreement or contract under
subsection (a), the Board shall submit a final report on the
results of the study to the Secretary, the Committee on
Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives.
SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION
TECHNOLOGIES.
(a) In General.--The Secretary shall establish and carry
out a program to validate commercial remote sensing products
and spatial information technologies for application to
national transportation infrastructure development and
construction.
(b) Program Stages.--
(1) First stage.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall
establish a national policy for the use of commercial
remote sensing products and spatial information
technologies in national transportation infrastructure
development and construction.
(2) Second stage.--After establishment of the
national policy under paragraph (1), the Secretary
shall develop new applications of commercial remote
sensing products and spatial information technologies
for the implementation of the national policy.
(c) Cooperation.--The Secretary shall carry out this
section in cooperation with the Commercial Remote Sensing
Program of the National Aeronautics and Space Administration
and a consortium of university research centers.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 1999 through 2004.
SEC. 5114. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of
Congress that the Secretary should--
(1) give high priority to correcting all 2-digit
date-related problems in computer systems of the
Department of Transportation to ensure that the systems
continue to operate effectively in the year 2000 and
thereafter;
(2) assess immediately the extent of the risk to
the operations of the Department of Transportation
posed by the problems referred to in paragraph (1), and
plan and budget for achieving year 2000 compliance for
all mission-critical systems of the Department; and
(3) develop contingency plans for those systems
that the Secretary of Transportation is unable to
correct in time.
SEC. 5115. INTERNATIONAL TRADE TRAFFIC.
(a) Study.--The Director shall carry out a study--
(1) to measure the ton-miles and value-miles of
international trade traffic carried by highway for each
State;
(2) to evaluate the accuracy and reliability of
such measures for use in the formula for highway
apportionments;
(3) to evaluate the accuracy and reliability of the
use of diesel fuel data as a measure of international
trade traffic by State; and
(4) to identify needed improvements in long-term
data collection programs to provide accurate and
reliable measures of international traffic for use in
the formula for highway apportionments.
(b) Basis for Evaluations.--The study shall evaluate the
accuracy and reliability of measures for use as formula factors
based on statistical quality standards developed by the Bureau
in consultation with the Committee on National Statistics of
the National Academy of Sciences.
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Director shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study carried
out under paragraph (1), including recommendations for changes
in law necessary to implement the identified needs for
improvements in long-term data collection programs.
SEC. 5116. UNIVERSITY GRANTS.
(a) Seismic Research, University of California at San
Diego.--
(1) Grants.--The Secretary shall make grants to the
University of California at San Diego to upgrade
earthquake simulation facilities at the University.
(2) Funding.--Of the amounts made available under
section 5001(a)(1) of this Act, $1,000,000 for each of
fiscal years 1999 through 2002 shall be available to
carry out this subsection.
(b) Global Climate Research, University of Alabama at
Huntsville.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Huntsville for global climate
research.
(2) Funding.--Of the amounts made available under
section 5001(a)(1) of this Act, $200,000 for each of
fiscal years 1999 through 2003 shall be available to
carry out this subsection.
(c) Asphalt Research, Auburn University.--
(1) Grants.--The Secretary shall make grants to
Auburn University for asphalt research.
(2) Funding.--Of the amounts made available under
section 5001(a)(1) of this Act, $250,000 for each of
fiscal years 1999 and 2000 shall be available to carry
out this subsection.
(d) Advanced Vehicle Research, University of Alabama at
Tuscaloosa.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Tuscaloosa for advanced
vehicle research, including the study of fuel cell and
electric vehicle technology.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $400,000 for each of
fiscal years 1999 through 2003 shall be available to
carry out this subsection.
(e) Geothermal Heat Pump Smart Bridge Program, Oklahoma
State University.--
(1) Grants.--The Secretary shall make grants to
Oklahoma State University for the purposes of research,
development, and field testing of the Geothermal Heat
Pump Smart Bridge Program.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $1,000,000 for fiscal
year 1999, $1,000,000 for fiscal year 2000, and
$500,000 for fiscal year 2001 shall be available to
carry out this subsection.
(f) Intelligent Stiffener for Bridge Stress Reduction,
University of Oklahoma.--
(1) Grants.--The Secretary shall make grants to the
University of Oklahoma, College of Engineering, Center
for Structural Control, for the purposes of research,
development, and field testing of the Intelligent
Stiffener for Bridge Stress Reduction.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $1,000,000 for fiscal
year 1999, $1,000,000 for fiscal year 2000, $1,000,000
for fiscal year 2001, and $500,000 for fiscal year 2002
shall be available to carry out this subsection.
(g) Study of Advanced Trauma Care, University of Alabama at
Birmingham.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Birmingham for the study of
advanced trauma care.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $750,000 for each of
fiscal years 1999 through 2003 shall be available to
carry out this subsection.
(h) Center for Transportation Injury Research.--
(1) Grants.--The Secretary shall make grants to
establish and maintain a center for transportation
injury research at the Calspan University of Buffalo
Research Center affiliated with the State University of
New York at Buffalo.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $2,000,000 for each of
fiscal years 1998 through 2003 shall be available to
carry out this subsection.
(i) Head and Spinal Cord Injury Research.--
(1) Grants.--The Secretary shall make grants to the
Neuroscience Center for Excellence at Louisiana State
University and the Virginia Transportation Research
Institute at George Washington University for research
and technology development for preventing and
minimizing head and spinal cord injuries relating to
automobile accidents.
(2) Funding.--Of the amounts made available under
section 5001(a)(2) of this Act, $500,000 for each of
fiscal years 1999 through 2003 shall be available to
carry out this subsection.
SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION
PROGRAM.
(a) In General.--The Secretary shall carry out a
transportation technology innovation and demonstration program
in accordance with the requirements of this section.
(b) Contents of Program.--
(1) Motor vehicle safety warning system.--
(A) In general.--The Secretary shall expand
and continue the study authorized by section
358(c) of the National Highway System
Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625) relating to the development of a
motor vehicle safety warning system and shall
conduct tests of such system.
(B) Grants.--In carrying out this
paragraph, the Secretary may make grants to
State and local governments.
(C) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2000 by
section 5001(a)(2) of this Act, $700,000 per
fiscal year shall be available to carry out
this paragraph.
(2) Motor carrier advanced sensor control system.--
(A) In general.--The Secretary shall
conduct research on the deployment of a system
of advanced sensors and signal processors in
trucks and tractor trailers to determine axle
and wheel alignment, monitor collision alarm,
check tire pressure and tire balance
conditions, measure and detect load
distribution in the vehicle, and monitor and
adjust automatic braking systems.
(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003 by
section 5001(a)(2) of this Act, $700,000 per
fiscal year shall be available to carry out
this paragraph.
(3) Intelligent transportation infrastructure.--
(A) In general.--The Secretary shall carry
out a program to advance the deployment of an
operational intelligent transportation
infrastructure system for the measurement of
various transportation system activities to aid
in the transportation planning and analysis
while making a significant contribution to the
ITS program under this title. This program
shall be initiated in the 2 largest
metropolitan areas in the State of
Pennsylvania. The program may locate its
database at the facility authorized under
paragraph (6).
(B) Description.--The program under this
section shall meet the following objectives:
(i) Build an infrastructure of the
measurement of various transportation
system metrics to aid in planning,
analysis, and maintenance of the
Department of Transportation, including
the buildout, maintenance, and
operation of greater than 40
metropolitan area systems with a cost
not to exceed $2,000,000 per
metropolitan area. For the purposes of
this demonstration initiative, a
metropolitan area is defined as any
area that has a population exceeding
300,000 and that meets several of the
criteria established by the Secretary
in conjunction with the intelligent
vehicle highway systems corridors
program.
(ii) Provide private technology
commercialization initiatives to
generate revenues which will be shared
with local Department of
Transportations.
(iii) Collect data primarily
through wireless transmission along
with some shared wide area networks.
(iv) Aggregate data into reports
for multipoint data distribution
techniques.
(v) Utilize an advanced information
system designed and monitored by an
entity with experience with the
Department of Transportation in the
design and monitoring of high
reliability, mission critical voice and
data systems.
(C) Eligibility.--In addition to the
amounts made available under subparagraph (D),
the program authorized under this paragraph
shall be eligible for funding under sections
5207 and 5208 of this Act.
(D) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003 by
section 5001(a)(2) of this Act, $1,700,000 per
fiscal year shall be available to carry out
this paragraph.
(E) Federal share.--The Federal share of
the cost of a program carried out under this
paragraph shall be 80 percent of the cost of
such program.
(4) Corrosion control and prevention.--
(A) In general.--The Secretary shall make a
grant to conduct a study on the costs and
benefits of corrosion control and prevention.
The study shall be conducted in conjunction
with an interdisciplinary team of experts from
the fields of metallurgy, chemistry, economics,
and others, as appropriate. Not later than
September 30, 2001, the Secretary shall submit
to Congress a report on the study results,
together with any recommendations.
(B) Funding.--Of the amounts made available
for each of fiscal years 1999 and 2000 by
section 5001(a)(1) of this Act, $500,000 per
fiscal year shall be available to carry out
this paragraph.
(5) Fundamental properties of asphalts and modified
asphalts.--
(A) In general.--The Secretary shall
continue to carry out section 6016 of the
Intermodal Surface Transportation Efficiency
Act of 1991. Additional areas of the program
under such section shall be asphalt-water
interaction studies and asphalt-aggregate thin
film behavior studies.
(B) Funding.--Of the amounts made available
for each of fiscal years 1999 through 2003 by
section 5001(a)(1) of this Act, $3,000,000 per
fiscal year shall be available to carry out
this paragraph.
(6) Advanced Traffic Monitoring and Response
Center.--
(A) In general.--The Secretary shall make
grants to the Pennsylvania Transportation
Institute, in conjunction with the Pennsylvania
Turnpike Commission, to establish an advanced
traffic monitoring and emergency response
center at Letterkenny Army Depot in
Chambersburg, Pennsylvania. The center shall
help develop and coordinate traffic monitoring
and ITS systems on portions of the Pennsylvania
Turnpike system and I-81, coordinate emergency
response with State and local governments in
the Central Pennsylvania Region and conduct
research on emergency response and prototype
trauma response.
(B) Funding.--
(i) Eligibility under section
5208.--The center established under
this paragraph shall be eligible for
funding under section 5208 of this Act.
(ii) Allocation.--Of the amounts
made available for each of fiscal years
1998 through 2003 by section 5001(a)(2)
of this Act, $1,667,000 per fiscal year
shall be available to carry out this
paragraph.
(7) Transportation economic and land use system.--
(A) In general.--The Secretary shall
continue development and deployment through the
New Jersey Institute of Technology to
metropolitan planning organizations of the
Transportation Economic and Land Use System.
(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003 by
section 5001(a)(2) of this Act, $1,000,000 per
fiscal year shall be available to carry out
this paragraph.
(8) Recycled materials resource center.--
(A) Establishment.--The Secretary shall
establish at the University of New Hampshire a
research program to be known as the ``Recycled
Materials Resource Center'' (referred to in
this paragraph as the ``Center'').
(B) Activities.--
(i) In general.--The Center shall--
(I) systematically test,
evaluate, develop appropriate
guidelines for, and demonstrate
environmentally acceptable and
occupationally safe
technologies and techniques for
the increased use of
traditional and nontraditional
recycled and secondary
materials in transportation
infrastructure construction and
maintenance;
(II) make information
available to State
transportation departments, the
Federal Highway Administration,
the construction industry, and
other interested parties to
assist in evaluating proposals
to use traditional and
nontraditional recycled and
secondary materials in
transportation infrastructure
construction;
(III) encourage the
increased use of traditional
and nontraditional recycled and
secondary materials by using
sound science to analyze
thoroughly all potential long-
term considerations that affect
the physical and environmental
performance of the materials;
and
(IV) work cooperatively
with Federal and State
officials to reduce the
institutional barriers that
limit widespread use of
traditional and nontraditional
recycled and secondary
materials and to ensure that
such increased use is
consistent with the sustained
environmental and physical
integrity of the infrastructure
in which the materials are
used.
(ii) Sites and projects under
actual field conditions.--In carrying
out clause (i)(III), the Secretary may
authorize the Center to--
(I) use test sites and
demonstration projects under
actual field conditions to
develop appropriate performance
data; and
(II) develop appropriate
tests and guidelines to ensure
correct use of recycled and
secondary materials in
transportation infrastructure
construction.
(C) Review and Evaluation.--
(i) In general.--Not less often
than every 2 years, the Secretary shall
review and evaluate the program carried
out by the Center.
(ii) Notification of
deficiencies.--In carrying out clause
(i), if the Secretary determines that
the Center is deficient in carrying out
subparagraph (B), the Secretary shall
notify the Center of each deficiency
and recommend specific measures to
address the deficiency.
(iii) Disqualification.--If, after
the end of the 180-day period that
begins on the date of notification to
the Center under clause (ii), the
Secretary determines that the Center
has not corrected each deficiency
identified under clause (ii), the
Secretary may, after notifying the
Committee on Environment and Public
Works of the Senate and the Committee
on Transportation and Infrastructure of
the House of Representatives of the
determination, disqualify the Center
from further participation under this
section.
(D) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003 by
section 5001(a)(1) of this Act, $1,500,000 per
fiscal year shall be available to carry out
this paragraph.
SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE INSTITUTE.
(a) In General.--The Secretary, in cooperation with the
State of Pennsylvania, shall establish the Intelligent
Infrastructure Institute at Drexel University, Pennsylvania.
The Institute shall conduct research, training, technology
transfer, construction, maintenance, and other activities to
advance infrastructure research.
(b) Funding.--The amounts made available by the item
numbered 315 in the table contained in section 1602 of this Act
shall be available to carry out this section.
(c) Authorization.--There is authorized to be appropriated
$10,000,000 to carry out subsection (a).
(d) Facility.--Funds made available to carry out this
section may be used to construct a building to house the
Institute.
SEC. 5119. CONFORMING AMENDMENTS.
(a) Section 204(b) of title 23, United States Code, is
amended in the last sentence by striking ``326'' and inserting
``504(b)''.
(b) Sections 307, 321, 325, and 326 of title 23, United
States Code, are repealed.
(c) The analysis for chapter 3 of title 23, United States
Code, is amended by striking the items relating to sections
307, 321, 325, and 326.
(d) Section 115(a)(1)(A)(i) of title 23, United States
Code, is amended by striking ``or 307'' and inserting ``or
505''.
(e) Section 151(d) of title 23, United States Code, is
amended by striking ``section 307(a),'' and inserting ``section
502,''.
(f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note;
80 Stat. 735) is amended in the third sentence by striking
``sections 307 and 403 of title 23, United States Code,'' and
inserting ``section 403 and chapter 5 of title 23, United
States Code,''.
Subtitle C--Intelligent Transportation Systems
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 1998''.
SEC. 5202. FINDINGS.
Congress finds that--
(1) investments authorized by the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 1914 et seq.) have demonstrated that intelligent
transportation systems can mitigate surface
transportation problems in a cost-effective manner; and
(2) continued investment in architecture and
standards development, research, and systems
integration is needed to accelerate the rate at which
intelligent transportation systems are incorporated
into the national surface transportation network,
thereby improving transportation safety and efficiency
and reducing costs and negative impacts on communities
and the environment.
SEC. 5203. GOALS AND PURPOSES.
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation
efficiency and facilitation of intermodalism and
international trade to enable existing facilities to
meet a significant portion of future transportation
needs, including public access to employment, goods,
and services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system
users;
(2) achievement of national transportation safety
goals, including the enhancement of safe operation of
motor vehicles and nonmotorized vehicles, with
particular emphasis on decreasing the number and
severity of collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial vehicles, passenger vehicles, and
motorcycles, and including individuals with
disabilities; and
(5) improvement of the Nation's ability to respond
to emergencies and natural disasters and enhancement of
national defense mobility.
(b) Purposes.--The Secretary shall implement activities
under the intelligent system transportation program to, at a
minimum--
(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
(2) ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for full
consideration in the transportation planning process;
(3) improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
(4) promote the innovative use of private
resources;
(5) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
(6) complete deployment of Commercial Vehicle
Information Systems and Networks in a majority of
States by September 30, 2003.
SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation
system program to research, develop, and operationally test
intelligent transportation systems and advance nationwide
deployment of such systems as a component of the surface
transportation systems of the United States.
(b) Policy.--Intelligent transportation system operational
tests and deployment projects funded pursuant to this subtitle
shall encourage and not displace public-private partnerships or
private sector investment in such tests and projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the United States
private sector, the Federal laboratories, and colleges and
universities, including historically black colleges and
universities and other minority institutions of higher
education.
(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary,
as appropriate, shall consult with the Secretary of Commerce,
the Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, the Director of the National
Science Foundation, and the heads of other Federal departments
and agencies.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
system management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this
subtitle; and
(B) on request, make that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
(2) Delegation of authority.--
(A) In general.--The Secretary may delegate
the responsibility of the Secretary under this
subsection, with continuing oversight by the
Secretary, to an appropriate entity not within
the Department of Transportation.
(B) Federal assistance.--If the Secretary
delegates the responsibility, the entity to
which the responsibility is delegated shall be
eligible for Federal assistance under this
section.
(h) Advisory Committees.--
(1) In general.--In carrying out this subtitle, the
Secretary may use 1 or more advisory committees.
(2) Applicability of federal advisory committee
act.--Any advisory committee so used shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
(i) Procurement Methods.--
(1) Technical assistance.--The Secretary shall
develop appropriate technical assistance and guidance
to assist State and local agencies in evaluating and
selecting appropriate methods of procurement for
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including innovative and nontraditional methods such as
the Information Technology Omnibus Procurement.
(2) Intelligent transportation system software.--To
the maximum extent practicable, contracting officials
shall use as a critical evaluation criterion the
Software Engineering Institute's Capability Maturity
Model, or another similar recognized standard risk
assessment methodology, to reduce the cost, schedule,
and performance risks associated with the development,
management, and integration of intelligent
transportation system software.
(j) Evaluations.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the evaluation
of operational tests and deployment projects
carried out under this subtitle.
(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
evaluator so as to avoid any real or apparent
conflict of interest or potential influence on
the outcome by parties to any such test or
deployment project or by any other formal
evaluation carried out under this subtitle.
(C) Funding.--The guidelines and
requirements issued under subparagraph (A)
shall establish evaluation funding levels based
on the size and scope of each test or project
that ensure adequate evaluation of the results
of the test or project.
(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the evaluation of any test, deployment
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title
44.
SEC. 5205. NATIONAL ITS PROGRAM PLAN.
(a) In General.--
(1) Updates.--The Secretary shall maintain and
update, as necessary, the National ITS Program Plan
developed by the Department of Transportation and the
Intelligent Transportation Society of America.
(2) Scope.--The National ITS Program Plan shall--
(A) specify the goals, objectives, and
milestones for the research and deployment of
intelligent transportation systems in the
context of major metropolitan areas, smaller
metropolitan and rural areas, and commercial
vehicle operations;
(B) specify how specific programs and
projects will achieve the goals, objectives,
and milestones referred to in subparagraph (A),
including consideration of the 5- and 10-year
timeframes for the goals and objectives;
(C) identify activities that provide for
the dynamic development of standards and
protocols to promote and ensure
interoperability in the implementation of
intelligent transportation system technologies,
including actions taken to establish critical
standards; and
(D) establish a cooperative process with
State and local governments for determining
desired surface transportation system
performance levels and developing plans for
incorporation of specific intelligent
transportation system capabilities into surface
transportation systems.
(b) Reporting.--The plan described in subsection (a) shall
be transmitted and updated as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code.
SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General.--
(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783), the Secretary shall
develop, implement, and maintain a national
architecture and supporting standards and protocols to
promote the widespread use and evaluation of
intelligent transportation system technology as a
component of the surface transportation systems of the
United States.
(2) Interoperability and efficiency.--To the
maximum extent practicable, the national architecture
shall promote interoperability among, and efficiency
of, intelligent transportation system technologies
implemented throughout the United States.
(3) Use of standards development organizations.--In
carrying out this section, the Secretary may use the
services of such standards development organizations as
the Secretary determines to be appropriate.
(b) Report on Critical Standards.--Not later than June 1,
1999, the Secretary shall submit a report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
of the House of Representatives identifying which standards are
critical to ensuring national interoperability or critical to
the development of other standards and specifying the status of
the development of each standard identified.
(c) Provisional Standards.--
(1) In general.--If the Secretary finds that the
development or balloting of an intelligent
transportation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional standard
after consultation with affected parties, and using, to
the extent practicable, the work product of appropriate
standards development organizations.
(2) Critical standards.--If a standard identified
as critical in the report under subsection (b) is not
adopted and published by the appropriate standards
development organization by January 1, 2001, the
Secretary shall establish a provisional standard after
consultation with affected parties, and using, to the
extent practicable, the work product of appropriate
standards development organizations.
(3) Period of effectiveness.--A provisional
standard established under paragraph (1) or (2) shall
be published in the Federal Register and remain in
effect until the appropriate standards development
organization adopts and publishes a standard.
(d) Waiver of Requirement To Establish Provisional
Standard.--
(1) In general.--The Secretary may waive the
requirement under subsection (c)(2) to establish a
provisional standard if the Secretary determines that
additional time would be productive or that
establishment of a provisional standard would be
counterproductive to achieving the timely achievement
of the objectives identified in subsection (a).
(2) Notice.--The Secretary shall publish in the
Federal Register a notice describing each standard for
which a waiver of the provisional standard requirement
has been granted, the reasons for and effects of
granting the waiver, and an estimate as to when the
standard is expected to be adopted through a process
consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783).
(3) Withdrawal of waiver.--At any time the
Secretary may withdraw a waiver granted under paragraph
(1). Upon such withdrawal, the Secretaryshall publish
in the Federal Register a notice describing each standard for which a
waiver has been withdrawn and the reasons for withdrawing the waiver.
(e) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraphs
(2) and (3), the Secretary shall ensure that
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including funds made available under this subtitle to
deploy intelligent transportation system technologies,
conform to the national architecture, applicable
standards or provisional standards, and protocols
developed under subsection (a).
(2) Secretary's discretion.--The Secretary may
authorize exceptions to paragraph (1) for--
(A) projects designed to achieve specific
research objectives outlined in the National
ITS Program Plan under section 5205 or the
Surface Transportation Research and Development
Strategic Plan developed under section 508 of
title 23, United States Code; or
(B) the upgrade or expansion of an
intelligent transportation system in existence
on the date of enactment of this subtitle, if
the Secretary determines that the upgrade or
expansion--
(i) would not adversely affect the
goals or purposes of this subtitle;
(ii) is carried out before the end
of the useful life of such system; and
(iii) is cost-effective as compared
to alternatives that would meet the
conformity requirement of paragraph
(1).
(3) Exceptions.--Paragraph (1) shall not apply to
funds used for operation or maintenance of an
intelligent transportation system in existence on the
date of enactment of this subtitle.
(f) Spectrum.--The Federal Communications Commission shall
consider, in consultation with the Secretary, spectrum needs
for the operation of intelligent transportation systems,
including spectrum for the dedicated short-range vehicle-to-
wayside wireless standard. Not later than January 1, 2000, the
Federal Communications Commission shall have completed a
rulemaking considering the allocation of spectrum for
intelligent transportation systems.
SEC. 5207. RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development and operational tests of intelligent
vehicles and intelligent infrastructure systems, and other
similar activities that are necessary to carry out this
subtitle.
(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
(1) address traffic management, incident
management, transit management, toll collection,
traveler information, or highway operations systems;
(2) focus on crash-avoidance and integration of in-
vehicle crash protection technologies with other on-
board safety systems, including the interaction of air
bags and safety belts;
(3) incorporate human factors research, including
the science of the driving process;
(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies,
including magnetic guidance control systems or other
materials or magnetics research; or
(5) incorporate research on the impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates.
(c) Operational Tests.--Operational tests conducted under
this section shall be designed for the collection of data to
permit objective evaluation of the results of the tests,
derivation of cost-benefit information that is useful to others
contemplating deployment of similar systems, and development
and implementation of standards.
(d) Federal Share.--The Federal share of the cost of
operational tests and demonstrations under subsection (a) shall
not exceed 80 percent.
SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.
(a) In General.--The Secretary shall conduct a
comprehensive program to accelerate the integration and
interoperability of intelligent transportation systems in
metropolitan and rural areas. Under the program, the Secretary
shall select for funding, through competitive solicitation,
projects that will serve as models to improve transportation
efficiency, promote safety (including safe freight movement),
increase traffic flow (including the flow of intermodal travel
at ports of entry), reduce emissions of air pollutants, improve
traveler information, enhance alternative transportation modes,
build on existing intelligent transportation system projects,
or promote tourism.
(b) Selection of Projects.--Under the program, the
Secretary shall give priority to funding projects that--
(1) contribute to national deployment goals and
objectives outlined in the National ITS Program Plan
under section 5205;
(2) demonstrate a strong commitment to cooperation
among agencies, jurisdictions, and the private sector,
as evidenced by signed memoranda of understanding that
clearly define the responsibilities and relations of
all parties to a partnership arrangement, including
institutional relationships and financial agreements
needed to support deployment;
(3) encourage private sector involvement and
financial commitment, to the maximum extent
practicable, through innovative financial arrangements,
especially public-private partnerships, including
arrangements that generate revenue to offset public
investment costs;
(4) demonstrate commitment to a comprehensive plan
of fully integrated intelligent transportation system
deployment in accordance with the national architecture
and standards and protocols established under section
5206;
(5) are part of approved plans and programs
developed under applicable statewide and metropolitan
transportation planning processes and applicable State
air quality implementation plans, as appropriate, at
the time at which Federal funds are sought;
(6) minimize the relative percentage and amount of
Federal contributions under this section to total
project costs;
(7) ensure continued, long-term operations and
maintenance without continued reliance on Federal
funding under this subtitle, as evidenced by documented
evidence of fiscal capacity and commitment from
anticipated public and private sources;
(8) demonstrate technical capacity for effective
operations and maintenance or commitment to acquiring
necessary skills;
(9) mitigate any adverse impacts on bicycle and
pedestrian transportation and safety; or
(10) in the case of a rural area, meet other
safety, mobility, geographic and regional diversity, or
economic development criteria as determined by the
Secretary.
(c) Fiscal Year Limitations.--Of the amounts made available
to carry out this section for a fiscal year--
(1) not more that $15,000,000 may be used for
projects in a single metropolitan area;
(2) not more than $2,000,000 may be used for
projects in a single rural area; and
(3) not more than $35,000,000 may be used for
projects in a State.
(d) Funding Limitations.--
(1) Projects in metropolitan areas.--Funding under
this section for intelligent transportation
infrastructure projects in metropolitan areas shall be
used primarily for activities necessary to integrate
intelligent transportation infrastructure elements that
are either deployed or to be deployed with other
sources of funds.
(2) Other projects.--For projects outside
metropolitan areas, funding provided under this
subtitle may also be used for installation of
intelligent transportation infrastructure elements.
(e) Funding for Rural Areas.--The Secretary shall allocate
not less than 10 percent of funds authorized by section
5001(c)(4)(A) in rural areas for intelligent transportation
infrastructure deployment activities funded under this section
to carry out intelligent transportation infrastructure
deployment activities in rural areas.
(f) Federal Share.--
(1) Funds made available under this section.--The
Federal share of the cost of a project payable from
funds made available under this section shall not
exceed 50 percent.
(2) Funds made available from all federal
sources.--The total Federal share of the cost of a
project payable from all eligible sources (including
this section) shall not exceed 80 percent.
(g) Corridor Development and Coordination.--
(1) In general.--The Secretary shall encourage
multistate cooperative agreements, coalitions, or other
arrangements intended to promote regional cooperation,
planning, and shared project implementation for
intelligent transportation system projects.
(2) Great lakes its implementation.--
(A) In general.--The Secretary shall make
grants under this subsection to the State of
Wisconsin to continue ITS activities in the
corridor serving the Greater Milwaukee,
Wisconsin, Chicago, Illinois, and Gary,
Indiana, areas initiated under the Intermodal
Surface Transportation Efficiency Act of 1991
and other areas of the State.
(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$2,000,000 per fiscal year shall be available
to carry out this paragraph.
(3) Northeast its implementation.--
(A) In general.--The Secretary shall make
grants under this subsection to the States to
continue ITS activities in the Interstate Route
I-95 corridor in the northeastern United States
initiated under the Intermodal Surface
Transportation Efficiency Act of 1991.
(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$5,000,000 per fiscal year shall be available
to carry out this paragraph.
SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM
INFRASTRUCTURE DEPLOYMENT.
(a) In General.--The Secretary shall carry out a
comprehensive program to deploy intelligent transportation
systems that--
(1) improve the safety and productivity of
commercial vehicles and drivers; and
(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications to commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
(c) Priority Areas.--In carrying out the program, the
Secretary shall give priority to projects that--
(1) encourage multistate cooperation and corridor
development;
(2)(A) improve the safety of commercial vehicle
operations; and
(B) increase the efficiency of regulatory
inspection processes to reduce administrative burdens
by advancing technology to facilitate inspections and
generally increase the effectiveness of enforcement
efforts;
(3)(A) advance electronic processing of
registration information, driver licensing information,
fuel tax information, inspection and crash data, and
other safety information; and
(B) promote communication of the information among
the States; or
(4) enhance the safe passage of commercial vehicles
across the United States and across international
borders.
(d) Leveraging of Federal Funds.--Federal funds used to
carry out the program shall, to the maximum extent
practicable--
(1) be leveraged with non-Federal funds; and
(2) be used for activities not carried out through
the use of private funds.
(e) Federal Share.--The Federal share of the cost of the
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of the project payable from all eligible sources shall
not exceed 80 percent.
SEC. 5210. USE OF FUNDS.
(a) Outreach and Public Relations Limitation.--
(1) In general.--For each fiscal year, not more
than $5,000,000 of the funds made available to carry
out this subtitle shall be used for intelligent
transportation system outreach, public relations,
displays, scholarships, tours, and brochures.
(2) Applicability.--Paragraph (1) shall not apply
to intelligent transportation system training or the
publication or distribution of research findings,
technical guidance, or similar documents.
(b) Infrastructure Development.--Funds made available to
carry out this subtitle for operational tests and deployment
projects--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be
used for the construction of physical highway and
transit infrastructure unless the construction is
incidental and critically necessary to the
implementation of an intelligent transportation system
project.
(c) Life Cycle Cost Analysis and Financing and Operations
Plan.--The Secretary shall require an applicant for funds made
available under sections 5208 and 5209 to submit to the
Secretary--
(1) an analysis of the life-cycle costs of
operation and maintenance of intelligent transportation
system elements, if the total initial capital costs of
the elements exceed $3,000,000; and
(2) a multiyear financing and operations plan that
describes how the project will be cost-effectively
operated and maintained.
SEC. 5211. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Commercial vehicle information systems and
networks.--The term ``Commercial Vehicle Information
Systems and Networks'' means the information systems
and communications networks that support commercial
vehicle operations.
(2) Commercial vehicle operations.--The term
``commercial vehicle operations''--
(A) means motor carrier operations and
motor vehicle regulatory activities associated
with the commercial movement of goods,
including hazardous materials, and passengers;
and
(B) with respect to the public sector,
includes the issuance of operating credentials,
the administration of motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance
operations.
(3) Corridor.--The term ``corridor'' means any
major transportation route that includes parallel
limited access highways, major arterials, or transit
lines.
(4) Intelligent transportation infrastructure.--The
term ``intelligent transportation infrastructure''
means fully integrated public sector intelligent
transportation system components, as defined by the
Secretary.
(5) Intelligent transportation system.--The term
``intelligent transportation system'' means
electronics, communications, or information processing
used singly or in combination to improve the efficiency
or safety of a surface transportation system.
(6) National architecture.--The term ``national
architecture'' means the common framework for
interoperability adopted by the Secretary that
defines--
(A) the functions associated with
intelligent transportation system user
services;
(B) the physical entities or subsystems
within which the functions reside;
(C) the data interfaces and information
flows between physical subsystems; and
(D) the communications requirements
associated with the information flows.
(7) Standard.--The term ``standard'' means a
document that--
(A) contains technical specifications or
other precise criteria for intelligent
transportation systems that are to be used
consistently as rules, guidelines, or
definitions of characteristics so as to ensure
that materials, products, processes, and
services are fit for their purposes; and
(B) may support the national architecture
and promote--
(i) the widespread use and adoption
of intelligent transportation system
technology as a component of the
surface transportation systems of the
United States; and
(ii) interoperability among
intelligent transportation system
technologies implemented throughout the
States.
(8) State.--The term ``State'' has the meaning
given the term under section 101 of title 23, United
States Code.
SEC. 5212. PROJECT FUNDING.
(a) Use of Hazardous Materials Monitoring Systems.--
(1) In general.--The Secretary shall conduct
research on improved methods of deploying and
integrating existing ITS projects to include hazardous
materials monitoring systems across various modes of
transportation.
(2) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2003 by section
5001(a)(6) of this Act, $1,500,000 per fiscal year
shall be available to carry out this paragraph.
(b) Outreach and Technology Transfer Activities.--
(1) In general.--The Secretary shall continue to
support the Urban Consortium's ITS outreach and
technology transfer activities.
(2) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2003 by section
5001(a)(5) of this Act, $500,000 per fiscal year shall
be available to carry out this paragraph.
(c) Translink.--
(1) In general.--The Secretary shall make grants to
the Texas Transportation Institute to continue the
Translink Research program.
(2) Funding.--Of the amounts allocated for each of
fiscal years 1999 through 2001 by section 5001(a)(6) of
this Act, $1,300,000 per fiscal year shall be available
to carry out this paragraph.
SEC. 5213. REPEAL.
The Intermodal Surface Transportation Efficiency Act of
1991 is amended by striking part B of title VI (23 U.S.C. 307
note; 105 Stat. 2189).
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
SEC. 6101. FINDINGS AND PURPOSE.
(a) The Congress finds that--
(1) there is a lack of air quality monitoring data
for fine particle levels, measured as PM2.5,
in the United States and the States should receive full
funding for the monitoring efforts;
(2) such data would provide a basis for designating
areas as attainment or nonattainment for any
PM2.5 national ambient air quality standards
pursuant to the standards promulgated in July 1997;
(3) the President of the United States directed the
Administrator of the Environmental Protection Agency
(referred to in this title as the ``Administrator'') in
a memorandum dated July 16, 1997, to complete the next
periodic review of the particulate matter national
ambient air quality standards by July 2002 in order to
determine ``whether to revise or maintain the
standards'';
(4) the Administrator has stated that 3 years of
air quality monitoring data for fine particle levels,
measured as PM2.5 and performed in
accordance with any applicable Federal reference
methods, is appropriate for designating areas as
attainment or nonattainment pursuant to the July 1997
promulgated standards; and
(5) the Administrator has acknowledged that in
drawing boundaries for attainment and nonattainment
areas for the July 1997 ozone national air quality
standards, Governors would benefit from considering
implementation guidance from EPA on drawing area
boundaries.
(b) The purposes of this title are--
(1) to ensure that 3 years of air quality
monitoring data regarding fine particle levels are
gathered for use in the determination of area
attainment or nonattainment designations respecting any
PM2.5 national ambient air quality
standards;
(2) to ensure that the Governors have adequate time
to consider implementation guidance from EPA on drawing
area boundaries prior to submitting area designations
respecting the July 1997 ozone national ambient air
quality standards;
(3) to ensure that the schedule for implementation
of the July 1997 revisions of the ambient air quality
standards for particulate matter and the schedule for
the Environmental Protection Agency's visibility
regulations related to regional haze are consistent
with the timetable for implementation of such
particulate matter standards as set forth in the
President's Implementation Memorandum dated July 16,
1997.
SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.
(a) Through grants under section 103 of the Clean Air Act
the Administrator of the Environmental Protection Agency shall
use appropriated funds no later than fiscal year 2000 to fund
100 percent of the cost of the establishment, purchase,
operation and maintenance of a PM2.5 monitoring
network necessary to implement the national ambient air quality
standards for PM2.5 under section 109 of the Clean
Air Act. This implementation shall not result in a diversion or
reprogramming of funds from other Federal, State or local Clean
Air Act activities. Any funds previously diverted or
reprogrammed from section 105 Clean Air Act grants for
PM2.5 monitors must be restored to State or local
air programs in fiscal year 1999.
(b) EPA and the States, consistent with their respective
authorities under the Clean Air Act, shall ensure that the
national network (designated in subsection (a)) which consists
of the PM2.5 monitors necessary to implement the
national ambient air quality standards is established by
December 31, 1999.
(c)(1) The Governors shall be required to submit
designations referred to in section 107(d)(1) of the Clean Air
Act for each area following promulgation of the July 1997
PM2.5 national ambient air quality standard within 1
year after receipt of 3 years of air quality monitoring data
performed in accordance with any applicable Federal reference
methods for the relevant areas. Only data from the monitoring
network designated in subsection (a) and other Federal
reference method PM2.5 monitors shall be considered
for such designations. Nothing in the previous sentence shall
be construed as affecting the Governor's authority to designate
an area initially as nonattainment, and the Administrator's
authority to promulgate the designation of an area as
nonattainment, under section 107(d)(1) of the Clean Air Act,
based on its contribution to ambient air quality in a nearby
nonattainment area.
(2) For any area designated as nonattainment for the July
1997 PM2.5 national ambient air quality standard in
accordance with the schedule set forth in this section,
notwithstanding the time limit prescribed in paragraph (2) of
section 169B(e) of the Clean Air Act, the Administrator shall
require State implementation plan revisions referred to in such
paragraph (2) to be submitted at the same time as State
implementation plan revisions referred to in section 172 of the
Clean Air Act implementing the revised national ambient air
quality standard for fine particulate matter are required to be
submitted. For any area designated as attainment or
unclassifiable for such standard, the Administrator shall
require the State implementation plan revisions referred to in
such paragraph (2) to be submitted 1 year after the area has
been so designated. The preceding provisions of this paragraph
shall not preclude the implementation of the agreements and
recommendations set forth in the Grand Canyon Visibility
Transport Commission Report dated June 1996.
(d) The Administrator shall promulgate the designations
referred to in section 107(d)(1) of the Clean Air Act for each
area following promulgation of the July 1997 PM2.5
national ambient air quality standard by the earlier of 1 year
after the initial designations required under subsection (c)(1)
are required to be submitted or December 31, 2005.
(e) The Administrator shall conduct a field study of the
ability of the PM2.5 Federal Reference Method to
differentiate those particles that are larger than 2.5
micrograms in diameter. This study shall be completed and
provided to the Committee on Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the United States Senate no later than 2 years from
the date of enactment of this Act.
SEC. 6103. OZONE DESIGNATION REQUIREMENTS.
(a) The Governors shall be required to submit the
designations referred to in section 107(d)(1) of the Clean Air
Act within 2 years following the promulgation of the July 1997
ozone national ambient air quality standards.
(b) The Administrator shall promulgate final designations
no later than 1 year after the designations required under
subsection (a) are required to be submitted.
SEC. 6104. ADDITIONAL PROVISIONS.
Nothing in sections 6101 through 6103 shall be construed by
the Administrator of Environmental Protection Agency or any
court, State, or person to affect any pending litigation or to
be a ratification of the ozone or PM2.5 standards.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
SEC 7101. SHORT TITLE.
This subtitle may be cited as the ``National Highway
Traffic Safety Administration Reauthorization Act of 1998''.
SEC. 7102. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Motor Vehicle Safety Activities.--Section 30104 of
title 49, United States Code, is amended to read as follows:
``Sec. 30104. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$81,200,000 for the National Highway Traffic Safety
Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.''.
(b) Motor Vehicle Information Activities.--Section 32102 of
title 49, United States Code, is amended to read as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$6,200,000 for the National Highway Traffic Safety
Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.''.
SEC. 7103. IMPROVING AIR BAG SAFETY.
(a) Rulemaking To Improve Air Bags.--
(1) Notice of proposed rulemaking.--Not later than
September 1, 1998, the Secretary of Transportation
shall issue a notice of proposed rulemaking to improve
occupant protection for occupants of different sizes,
belted and unbelted, under Federal Motor Vehicle Safety
Standard No. 208, while minimizing the risk to infants,
children, and other occupants from injuries and deaths
caused by air bags, by means that include advanced air
bags.
(2) Final rule.--Notwithstanding any other
provision of law, the Secretary shall complete the
rulemaking required by this subsection by issuing, not
later than September 1, 1999, a final rule with any
provision the Secretary deems appropriate, consistent
with paragraph (1) and the requirements of section
30111, title 49, United States Code. If the Secretary
determines that the final rule cannot be completed by
that date to meet the purposes of paragraph (1), the
Secretary may extend the date for issuing the final
rule to not later than March 1, 2000.
(3) Effective date.--The final rule issued under
this subsection shall become effective in phases as
rapidly as practicable, beginning not earlier than
September 1, 2002, and no sooner than 30 months after
the date of the issuance of the final rule, but not
later than September 1, 2003. The final rule shall
become fully effective for all vehicles identified in
section 30127(b), title 49, United States Code, that
are manufactured on and after September 1, 2005. Should
the phase-in of the final rule required by this
paragraph commence on September 1, 2003, then in that
event, and only in that event, the Secretary is
authorized to make the final rule fully effective on
September 1, 2006, for all vehicles that are
manufactured on and after that date.
(4) Coordination of effective dates.--The
requirements of S13 of Standard No. 208 shall remain in
effect unless and until changed by the rule required by
this subsection.
(5) Credit for early compliance.--To encourage
early compliance, the Secretary is directed to include
in the notice of proposed rulemaking required by
paragraph (1) means by which manufacturers may earn
credits for future compliance. Credits, on a one-
vehicle for one-vehicle basis, may beearned for
vehicles certified as being in full compliance under section 30115 of
title 49, United States Code, with the rule required by paragraph (2)
which are either--
(A) so certified in advance of the phase-in
period; or
(B) in excess of the percentage
requirements during the phase-in period.
(b) Advisory Committees.--Any government advisory
committee, task force, or other entity involving air bags shall
include representatives of consumer and safety organizations,
insurers, manufacturers, and suppliers.
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Amendment.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30105. Restriction on lobbying activities
``(a) In General.--No funds appropriated to the Secretary
shall be available for any activity specifically designed to
urge a State or local legislator to favor or oppose the
adoption of any specific legislative proposal pending before
any State or local legislative body.
``(b) Appearance as Witness Not Barred.--Subsection (a)
does not prohibit officers or employees of the United States
from testifying before any State or local legislative body in
response to the invitation of any member of that legislative
body or a State executive office.''.
(b) Clerical Amendment.--The table of contents in
subchapter I of chapter 301 of title 49, United States Code, is
amended by adding at the end the following:
``30105. Restriction on lobbying activities.''.
SEC. 7105. ODOMETERS.
(a) Transfers of New Motor Vehicles.--Section 32705(a) of
title 49, United States Code, is amended by adding at the end
the following:
``(4)(A) This subsection shall apply to all transfers of
motor vehicles (unless otherwise exempted by the Secretary by
regulation), except in the case of transfers of new motor
vehicles from a vehicle manufacturer jointly to a dealer and a
person engaged in the business of renting or leasing vehicles
for a period of 30 days or less.
``(B) For purposes of subparagraph (A), the term `new motor
vehicle' means any motor vehicle driven with no more than the
limited use necessary in moving, transporting, or road testing
such vehicle prior to delivery from the vehicle manufacturer to
a dealer, but in no event shall the odometer reading of such
vehicle exceed 300 miles.''.
(b) Exempted Vehicles.--Section 32705(a) of title 49,
United States Code, as amended by subsection (a), is amended by
adding at the end the following new paragraph:
``(5) The Secretary may exempt such classes or categories
of vehicles as the Secretary deems appropriate from these
requirements. Until such time as the Secretary amends or
modifies the regulations set forth in 49 CFR 580.6, such
regulations shall have full force and effect.''.
SEC. 7106. MISCELLANEOUS AMENDMENTS.
(a) Remedies for Defects and Noncompliance.--Section
30120(i)(1) of title 49, United States Code, is amended by
inserting ``(including retailers of motor vehicle equipment)''
after ``dealer'' the first time it appears.
(b) Tires.--Section 30123 of title 49, United States Code,
is amended by striking subsections (a), (b), and (c) and by
redesignating subsections (d), (e), and (f), as subsections
(a), (b), and (c), respectively.
(c) Automatic Occupant Crash Protection and Seat Belt
Use.--Section 30127(g)(1) of title 49, United States Code, is
amended by striking ``every 6 months'' and inserting
``annually''.
(d) Miscellaneous.--
(1) Definitions.--
(A) Country of origin.--Section
32304(a)(3)(B) of title 49, United States Code,
is amended by inserting before the period the
following: ``, plus the assembly and labor
costs incurred for the final assembly of such
engines and transmissions''.
(B) Final assembly place.--Section
32304(a)(5) of title 49, United States Code, is
amended by adding at the end the following:
``Such term does not include facilities for
engine and transmission fabrication and
assembly and the facilities for fabrication of
motor vehicle equipment component parts which
are produced at the same final assembly place
using forming processes such as stamping,
machining, or molding processes.''.
(C) Outside supplier content reporting.--
Section 32304(a)(9)(A) of title 49, United
States Code, is amended to read as follows:
``(A) for an outside supplier--
``(i) the full purchase price of
passenger motor vehicle equipment whose
purchase price contains at least 70
percent value added in the United
States and Canada; or
``(ii) that portion of the purchase
price of passenger motor vehicle
equipment containing less than 70
percent value added in the United
States and Canada that is attributable
to the percent value added in the
United States and Canada when such
percent is expressed to the nearest 5
percent; and''.
(2) Country of assembly.--Section 32304(d) of title
49, United States Code, is amended by adding at the end
the following; ``A manufacturer may add to the label
required under subsection (b) a line stating the
country in which vehicle assembly was completed.''.
(3) Vehicle content percentage by assembly plant.--
Section 32304 of title 49, United States Code, is
amended by redesignating subsections (c) through (f) as
subsections (f) through (i), respectively, and by
adding after subsection (b) the following:
``(c) Vehicle Content Percentage by Assembly Plant.--A
manufacturer may display separately on the label required by
subsection (b) the domestic content of a vehicle based on the
assembly plant. Such display shall occur after the matter
required to be in the label by subsection (b)(1)(A).''.
(4) Suppliers failing to report.--Section 32304 of
title 49, United States Code, is amended by adding
after subsection (c), as added by paragraph (3), the
following:
``(d) Value Added Determination.--If a manufacturer or
allied supplier requests information in a timely manner from
one or more of its outside suppliers concerning the United
States/Canadian content of particular equipment, but does not
receive that information despite a good faith effort to obtain
it, the manufacturer or allied supplier may make its own good
faith value added determinations, subject to the following:
``(1) The manufacturer or allied supplier shall
make the same value added determinations as would be
made by the outside supplier, that is, whether 70
percent or more of the value of equipment is added in
the United States and/or Canada.
``(2) The manufacturer or allied supplier shall
consider the amount of value added and the location in
which the value was added for all of the stages that
the outside supplier would be required to consider.
``(3) The manufacturer or allied supplier may
determine that the value added in the United States
and/or Canada is 70 percent or more only if it has a
good faith basis to make that determination.
``(4) A manufacturer and its allied suppliers may,
on a combined basis, make value added determinations
for no more than 10 percent, by value, of a carline's
total parts content from outside suppliers.
``(5) Value added determinations made by a
manufacturer or allied supplier under this paragraph
shall have the same effect as if they were made by the
outside supplier.
``(6) This provision does not affect the obligation
of outside suppliers to provide the requested
information.''.
(5) Accounting for the value of small parts.--
Section 32304 of title 49, United States Code, is
amended by adding after subsection (d), as added by
paragraph (4), the following:
``(e) Small Parts.--The country of origin of nuts, bolts,
clips, screws, pins, braces, gasoline, oil, blackout, phosphate
rinse, windshield washer fluid, fasteners, tire assembly fluid,
rivets, adhesives, and grommets, of any system, subassembly, or
component installed in a vehicle shall be considered to be the
country in which such parts were included in the final assembly
of such vehicle.''.
(e) Study.--The National Highway Traffic Safety
Administration shall conduct a study of the benefits to motor
vehicle drivers of a regulation to require the installation in
a motor vehicle of an interior device to release the trunk lid.
Not later than 18 months after the date of the enactment of
this Act, the Administration shall submit a report on the
results of the study to the Committee on Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.
(a) Importation of Noncomplying Motor Vehicles.--Section
30114 of title 49, United States Code, is amended by striking
``or competitive racing events'' and inserting ``competitive
racing events, show, or display''.
(b) Transition Rule.--A person who is the owner of a motor
vehicle located in the United States on the date of enactment
of this Act may seek an exemption under section 30114 of title
49, United States Code, as amended by subsection (a) of this
section, for a period of 6 months after the date regulations of
the Secretary of Transportation promulgated in response to such
amendment take effect.
Subtitle B--Railroads
SEC. 7201. HIGH-SPEED RAIL.
(a) Authorization of Appropriations.--Section 26104 of
title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(h); and
(2) by inserting after subsection (c) the following
new subsections:
``(d) Fiscal Year 1998.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year 1998,
for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 1998, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(e) Fiscal Year 1999.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year 1999,
for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 1999, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(f) Fiscal Year 2000.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year 2000,
for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 2000, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(g) Fiscal Year 2001.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year 2001,
for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 2001, for carrying out
section 26102 (including payment of administrative expenses
related thereto).''.
(b) Definition.--Section 26105(2) of title 49, United
States Code, is amended to read as follows:
``(2) the term `high-speed rail' means all forms of
nonhighway ground transportation that run on rails or
electromagnetic guideways providing transportation
service which is--
``(A) reasonably expected to reach
sustained speeds of more than 125 miles per
hour; and
``(B) made available to members of the
general public as passengers,
but does not include rapid transit operations within an
urban area that are not connected to the general rail
system of transportation;''.
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.
(a) Amendment.--Part B of subtitle V of title 49, United
States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS
``Sec.
``22301. Light density rail line pilot projects.
``Sec. 22301. Light density rail line pilot projects
``(a) Grants.--The Secretary of Transportation may make
grants to States that have State rail plans described in
section 22102 (1) and (2), to fund pilot projects that
demonstrate the relationship of light density railroad services
to the statutory responsibilities of the Secretary, including
those under title 23.
``(b) Limitations.--Grants under this section may be made
only for pilot projects for making capital improvements to, and
rehabilitating, publicly and privately owned rail line
structures, and may not be used for providing operating
assistance.
``(c) Private Owner Contributions.--Grants made under this
section for projects on privately owned rail line structures
shall include contributions by the owner of the rail line
structures, based on the benefit to those structures, as
determined by the Secretary.
``(d) Study.--The Secretary shall conduct a study of the
pilot projects carried out with grant assistance under this
section to determine the public interest benefits associated
with the light density railroad networks in the States and
their contribution to a multimodal transportation system. Not
later than March 31, 2003, the Secretary shall report to
Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail
networks for Federal infrastructure financing.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $17,500,000 for each of the fiscal years 1998,
1999, 2000, 2001, 2002, and 2003. Such funds shall remain
available until expended.''.
(b) Table of Chapters.--The table of chapters of subtitle V
of title 49, United States Code, is amended by inserting after
the item relating to chapter 221 the following new item:
``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS................. 22301''.
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Amendments.--Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 is amended--
(1) by striking sections 501 through 504 and
inserting the following new sections:
``SEC. 501. DEFINITIONS.
``For purposes of this title:
``(1)(A) The term `cost' means the estimated long-
term cost to the Government of a direct loan or loan
guarantee or modification thereof, calculated on a net
present value basis, excluding administrative costs and
any incidental effects on governmental receipts or
outlays.
``(B) The cost of a direct loan shall be the net
present value, at the time when the direct loan is
disbursed, of the following estimated cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Payments of interest and other
payments by or to the Government over the life
of the loan after adjusting for estimated
defaults, prepayments, fees, penalties, and
other recoveries.
Calculation of the cost of a direct loan shall include
the effects of changes in loan terms resulting from the
exercise by the borrower of an option included in the
loan contract.
``(C) The cost of a loan guarantee shall be the net
present value, at the time when the guaranteed loan is
disbursed, of the following estimated cash flows:
``(i) Payments by the Government to cover
defaults and delinquencies, interest subsidies,
or other payments.
``(ii) Payments to the Government,
including origination and other fees,
penalties, and recoveries.
Calculation of the cost of a loan guarantee shall
include the effects of changes in loan terms resulting
from the exercise by the guaranteed lender of an option
included in the loan guarantee contract, or by the
borrower of an option included in the guaranteed loan
contract.
``(D) The cost of a modification is the difference
between the current estimate of the net present value
of the remaining cash flows under the terms of a direct
loan or loan guarantee contract, and the current
estimate of the net present value of the remaining cash
flows under the terms of the contract, as modified.
``(E) In estimating net present values, the
discount rate shall be the average interest rate on
marketable Treasury securities of similar maturity to
the cash flows of the direct loan or loan guarantee for
which the estimate is being made.
``(F) When funds are obligated for a direct loan or
loan guarantee, the estimated cost shall be based on
the current assumptions, adjusted to incorporate the
terms of the loan contract, for the fiscal year in
which the funds are obligated.
``(2) The term `current' has the same meaning as in
section 250(c)(9) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
``(3) The term `direct loan' means a disbursement
of funds by the Government to a non-Federal borrower
under a contract that requires the repayment of such
funds. The term includes the purchase of, or
participation in, a loan made by another lender and
financing arrangements that defer payment for more than
90 days, including the sale of a government asset on
credit terms. The term does not include the acquisition
of a federally guaranteed loan in satisfaction of
default claims.
``(4) The term `direct loan obligation' means a
binding agreement by the Secretary to make a direct
loan when specified conditions are fulfilled by the
borrower.
``(5) The term `intermodal' means of or relating to
the connection between rail service and other modes of
transportation, including all parts of facilities at
which such connection is made.
``(6) The term `loan guarantee' means any
guarantee, insurance, or other pledge with respect to
the payment of all or a part of the principal or
interest on any debt obligation of a non-Federal
borrower to a non-Federal lender, but does not include
the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
``(7) The term `loan guarantee commitment' means a
binding agreement by the Secretary to make a loan
guarantee when specified conditions are fulfilled by
the borrower, the lender, or any other party to the
guarantee agreement.
``(8) The term `modification' means any Government
action that alters the estimated cost of an outstanding
direct loan (or direct loan obligation) or an
outstanding loan guarantee (or loan guarantee
commitment) from the current estimate of cash flows.
This includes the sale of loan assets, with or without
recourse, and the purchase of guaranteed loans. This
also includes any action resulting from new
legislation, or from the exercise of administrative
discretion under existing law, that directly or
indirectly alters the estimated cost of outstanding
direct loans (or direct loan obligations) or loan
guarantees (or loan guarantee commitments) such as a
change in collection procedures.
``SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.
``(a) General Authority.--The Secretary may provide direct
loans and loan guarantees to State and local governments,
government sponsored authorities and corporations, railroads,
and joint ventures that include at least 1 railroad.
``(b) Eligible Purposes.--
``(1) In general.--Direct loans and loan guarantees
under this section shall be used to--
``(A) acquire, improve, or rehabilitate
intermodal or rail equipment or facilities,
including track, components of track, bridges,
yards, buildings, and shops;
``(B) refinance outstanding debt incurred
for the purposes described in subparagraph (A);
or
``(C) develop or establish new intermodal
or railroad facilities.
``(2) Operating expenses not eligible.--Direct
loans and loan guarantees under this section shall not
be used for railroad operating expenses.
``(c) Priority Projects.--In granting applications for
direct loans or guaranteed loans under this section, the
Secretary shall give priority to projects that--
``(1) enhance public safety;
``(2) enhance the environment;
``(3) promote economic development;
``(4) enable United States companies to be more
competitive in international markets;
``(5) are endorsed by the plans prepared under
section 135 of title 23, United States Code, by the
State or States in which they are located; or
``(6) preserve or enhance rail or intermodal
service to small communities or rural areas.
``(d) Extent of Authority.--The aggregate unpaid principal
amounts of obligations under direct loans and loan guarantees
made under this section shall not exceed $3,500,000,000 at any
one time. Of this amount, not less than $1,000,000,000 shall be
available solely for projects primarily benefiting freight
railroads other than Class I carriers.
``(e) Rates of Interest.--
``(1) Direct loans.--The Secretary shall require
interest to be paid on a direct loan made under this
section at a rate not less than that necessary to
recover the cost of making the loan.
``(2) Loan guarantees.--The Secretary shall not
make a loan guarantee under this section if the
interest rate for the loan exceeds that which the
Secretary determines to be reasonable, taking into
consideration the prevailing interest rates and
customary fees incurred under similar obligations in
the private capital market.
``(f) Infrastructure Partners.--
``(1) Authority of secretary.--In lieu of or in
combination with appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990, the Secretary may accept on behalf
of an applicant for assistance under this section a
commitment from a non-Federal source to fund in whole
or in part credit risk premiums with respect to the
loan that is the subject of the application. In no
event shall the aggregate of appropriations of budget
authority and credit risk premiums described in this
paragraph with respect to a direct loan or loan
guarantee be less than the cost of that direct loan or
loan guarantee.
``(2) Credit risk premium amount.--The Secretary
shall determine the amount required for credit risk
premiums under this subsection on the basis of--
``(A) the circumstances of the applicant,
including the amount of collateral offered;
``(B) the proposed schedule of loan
disbursements;
``(C) historical data on the repayment
history of similar borrowers;
``(D) consultation with the Congressional
Budget Office; and
``(E) any other factors the Secretary
considers relevant.
``(3) Payment of premiums.--Credit risk premiums
under this subsection shall be paid to the Secretary
before the disbursement of loan amounts.
``(4) Cohorts of loans.--In order to maintain
sufficient balances of credit risk premiums to
adequately protect the Federal Government from risk of
default, while minimizing the length of time the
Government retains possession of those balances, the
Secretary shall establish cohorts of loans. When all
obligations attached to a cohort of loans have been
satisfied, credit risk premiums paid for the cohort,
and interest accrued thereon, which were not used to
mitigate losses shall be returned to the original
source on a pro rata basis.
``(g) Prerequisites for Assistance.--The Secretary shall
not make a direct loan or loan guarantee under this section
unless the Secretary has made a finding in writing that--
``(1) repayment of the obligation is required to be
made within a term of not more than 25 years from the
date of its execution;
``(2) the direct loan or loan guarantee is
justified by the present and probable future demand for
rail services or intermodal facilities;
``(3) the applicant has given reasonable assurances
that the facilities or equipment to be acquired,
rehabilitated, improved, developed, or established with
the proceeds of the obligation will be economically and
efficiently utilized;
``(4) the obligation can reasonably be repaid,
using an appropriate combination of credit risk
premiums and collateral offered by the applicant to
protect the Federal Government; and
``(5) the purposes of the direct loan or loan
guarantee are consistent with subsection (b).
``(h) Conditions of Assistance.--The Secretary shall,
before granting assistance under this section, require the
applicant to agree to such terms and conditions as are
sufficient, in the judgment of the Secretary, to ensure that,
as long as any principal or interest is due and payable on such
obligation, the applicant, and any railroad or railroad partner
for whose benefit the assistance is intended--
``(1) will not use any funds or assets from
railroad or intermodal operations for purposes not
related to such operations, if such use would impair
the ability of the applicant, railroad, or railroad
partner to provide rail or intermodal services in an
efficient and economic manner, or would adversely
affect the ability of the applicant, railroad, or
railroad partner to perform any obligation entered into
by the applicant under this section;
``(2) will, consistent with its capital resources,
maintain its capital program, equipment, facilities,
and operations on a continuing basis; and
``(3) will not make any discretionary dividend
payments that unreasonably conflict with the purposes
stated in subsection (b).
``SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.
``(a) Applications.--The Secretary shall prescribe the form
and contents required of applications for assistance under
section 502, to enable the Secretary to determine the
eligibility of the applicant's proposal, and shall establish
terms and conditions for direct loans and loan guarantees made
under that section.
``(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee made under section 502 may assign the loan guarantee
in whole or in part, subject to such requirements as the
Secretary may prescribe.
``(d) Modifications.--The Secretary may approve the
modification of any term or condition of a direct loan, loan
guarantee, direct loan obligation, or loan guarantee
commitment, including the rate of interest, time of payment of
interest or principal, or security requirements, if the
Secretary finds in writing that--
``(1) the modification is equitable and is in the
overall best interests of the United States; and
``(2) consent has been obtained from the applicant
and, in the case of a loan guarantee or loan guarantee
commitment, the holder of the obligation.
``(e) Compliance.--The Secretary shall assure compliance,
by an applicant, any other party to the loan, and any railroad
or railroad partner for whose benefit assistance is intended,
with the provisions of this title, regulations issued
hereunder, and the terms and conditions of the direct loan or
loan guarantee, including through regular periodic inspections.
``(f) Commercial Validity.--For purposes of claims by any
party other than the Secretary, a loan guarantee or loan
guarantee commitment shall be conclusive evidence that the
underlying obligation is in compliance with the provisions of
this title, and that such obligation has been approved and is
legal as to principal, interest, and other terms. Such a
guarantee or commitment shall be valid and incontestable in the
hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the
application therefor, except as to fraud or material
misrepresentation by such holder.
``(g) Default.--The Secretary shall prescribe regulations
setting forth procedures in the event of default on a loan made
or guaranteed under section 502. The Secretary shall ensure
that each loan guarantee made under that section contains terms
and conditions that provide that--
``(1) if a payment of principal or interest under
the loan is in default for more than 30 days, the
Secretary shall pay to the holder of the obligation, or
the holder's agent, the amount of unpaid guaranteed interest;
``(2) if the default has continued for more than 90
days, the Secretary shall pay to the holder of the
obligation, or the holder's agent, 90 percent of the
unpaid guaranteed principal;
``(3) after final resolution of the default,
through liquidation or otherwise, the Secretary shall
pay to the holder of the obligation, or the holder's
agent, any remaining amounts guaranteed but which were
not recovered through the default's resolution;
``(4) the Secretary shall not be required to make
any payment under paragraphs (1) through (3) if the
Secretary finds, before the expiration of the periods
described in such paragraphs, that the default has been
remedied; and
``(5) the holder of the obligation shall not
receive payment or be entitled to retain payment in a
total amount which, together with all other recoveries
(including any recovery based upon a security interest
in equipment or facilities) exceeds the actual loss of
such holder.
``(h) Rights of the Secretary.--
``(1) Subrogation.--If the Secretary makes payment
to a holder, or a holder's agent, under subsection (g)
in connection with a loan guarantee made under section
502, the Secretary shall be subrogated to all of the
rights of the holder with respect to the obligor under
the loan.
``(2) Disposition of property.--The Secretary may
complete, recondition, reconstruct, renovate, repair,
maintain, operate, charter, rent, sell, or otherwise
dispose of any property or other interests obtained
pursuant to this section. The Secretary shall not be
subject to any Federal or State regulatory requirements
when carrying out this paragraph.
``(i) Action Against Obligor.--The Secretary may bring a
civil action in an appropriate Federal court in the name of the
United States in the event of a default on a direct loan made
under section 502, or in the name of the United States or of
the holder of the obligation in the event of a default on a
loan guaranteed under section 502. The holder of a guarantee
shall make available to the Secretary all records and evidence
necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums
owed as a result of a default. If the Secretary receives,
through the sale or other disposition of such property, an
amount greater than the aggregate of--
``(1) the amount paid to the holder of a guarantee
under subsection (g) of this section; and
``(2) any other cost to the United States of
remedying the default,
the Secretary shall pay such excess to the obligor.
``(j) Breach of Conditions.--The Attorney General shall
commence a civil action in an appropriate Federal court to
enjoin any activity which the Secretary finds is in violation
of this title, regulations issued hereunder, or any conditions
which were duly agreed to, and to secure any other appropriate
relief.
``(k) Attachment.--No attachment or execution may be issued
against the Secretary, or any property in the control of the
Secretary, prior to the entry of final judgment to such effect
in any State, Federal, or other court.
``(l) Investigation Charge.--The Secretary may charge and
collect from each applicant a reasonable charge for appraisal
of the value of the equipment or facilities for which the
direct loan or loan guarantee is sought, and for making
necessary determinations and findings. Such charge shall not
aggregate more than one-half of 1 percent of the principal
amount of the obligation.'';
(2) by striking sections 505 through 515 (other
than 511(c)), 517, and 518;
(3) in section 511(c) by striking ``this section''
and inserting ``section 502'';
(4) by moving subsection (c) of section 511 (as
amended by paragraph (3) of this section) from section
511 to section 503 (as inserted by paragraph (1) of
this section), inserting it after subsection (a), and
redesignating it as subsection (b); and
(5) by redesignating section 516 as section 504.
(b) Technical and Conforming Provisions.--
(1) Table of contents.--The table of contents of
title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 is amended by striking the items
relating to sections 502 through 518 and inserting the
following:
``Sec. 502. Direct loans and loan guarantees.
``Sec. 503. Administration of direct loans and loan guarantees.
``Sec. 504. Employee protection.''.
(2) Savings provision.--A transaction entered into
under the authority of title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) before the date of enactment of
this Act shall be administered until completion under
its terms as if this Act were not enacted.
(3) Repeal.--Section 211(i) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721(i)) is
repealed.
SEC. 7204. ALASKA RAILROAD.
(a) Grants.--The Secretary may make grants to the Alaska
Railroad for capital rehabilitation of and improvements to its
passenger services.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,250,000 for
each of fiscal years 1998 through 2003.
Subtitle C--Comprehensive One-Call Notification
SEC. 7301. FINDINGS.
Congress finds that--
(1) unintentional damage to underground facilities
during excavation is a significant cause of disruptions
in telecommunications, water supply, electric power,
and other vital public services, such as hospital and
air traffic control operations, and is a leading cause
of natural gas and hazardous liquid pipeline accidents;
(2) excavation that is performed without prior
notification to an underground facility operator or
with inaccurate or untimely marking of such a facility
prior to excavation can cause damage that results in
fatalities, serious injuries, harm to the environment
and disruption of vital services to the public; and
(3) protection of the public and the environment
from the consequences of underground facility damage
caused by excavations will be enhanced by a coordinated
national effort to improve one-call notification
programs in each State and the effectiveness and
efficiency of one-call notification systems that
operate under such programs.
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.
(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``6108. Relationship to State laws.
``Sec. 6101. Purposes
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public
services,
by reducing the incidence of damage to underground facilities
during excavation through the voluntary adoption and efficient
implementation by all States of State one-call notification
programs that meet the minimum standards set forth under
section 6103.
``Sec. 6102. Definitions
``In this chapter, the following definitions apply:
``(1) One-call notification system.--The term
``one-call notification system'' means a system
operated by an organization that has as 1 of its
purposes to receive notification from excavators of
intended excavation in a specified area in order to
disseminate such notification to underground facility
operators that are members of the system so that such
operators can locate and mark their facilities in order
to prevent damage to underground facilities in the
course of such excavation.
``(2) State one-call notification program.--The
term ``State one-call notification program'' means the
State statutes, regulations, orders, judicial
decisions, and other elements of law and policy in
effect in a State that establish the requirements for
the operation of one-call notification systems in such
State.
``(3) State.--The term `State' means a State, the
District of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``Sec. 6103. Minimum standards for State one-call notification programs
``(a) Minimum Standards.--In order to qualify for a grant
under section 6106, a State one-call notification program
shall, at a minimum, provide for--
``(1) appropriate participation by all underground
facility operators;
``(2) appropriate participation by all excavators;
and
``(3) flexible and effective enforcement under
State law with respect to participation in, and use of,
one-call notification systems.
``(b) Appropriate Participation.--In determining the
appropriate extent of participation required for types of
underground facilities or excavators under subsection (a), a
State shall assess, rank, and take into consideration the risks
to the public safety, the environment, excavators, and vital
public services associated with--
``(1) damage to types of underground facilities;
and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification
program also shall, at a minimum, provide for--
``(1) consideration of the ranking of risks under
subsection (b) in the enforcement of its provisions;
``(2) a reasonable relationship between the
benefits of one-call notification and the cost of
implementing and complying with the requirements of the
State one-call notification program; and
``(3) voluntary participation where the State
determines that a type of underground facility or an
activity of a type of excavator poses a de minimis risk
to public safety or the environment.
``(d) Penalties.--To the extent the State determines
appropriate and necessary to achieve the purposes of this
chapter, a State one-call notification program shall, at a
minimum, provide for--
``(1) administrative or civil penalties
commensurate with the seriousness of a violation by an
excavator or facility owner of a State one-call
notification program;
``(2) increased penalties for parties that
repeatedly damage underground facilities because they
fail to use one-call notification systems or for
parties that repeatedly fail to provide timely and
accurate marking after the required call has been made
to a one-call notification system;
``(3) reduced or waived penalties for a violation
of a requirement of a State one-call notification
program that results in, or could result in, damage
that is promptly reported by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. Compliance with minimum standards
``(a) Requirement.--In order to qualify for a grant under
section 6106, each State shall submit to the Secretary a grant
application under subsection (b). The State shall submit the
application not later than 2 years after the date of enactment
of this chapter.
``(b) Application.--
``(1) Upon application by a State, the Secretary
shall review that State's one-call notification
program, including the provisions for the
implementation of the program and the record of
compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the
Secretary shall determine whether the State's one-call
notification program meets the minimum standards for
such a program set forth in section 6103 in order to
qualify for a grant under section 6106.
``(3) In order to expedite compliance under this
section, the Secretary may consult with the State as to
whether an existing State one-call notification
program, a specific modification thereof, or a proposed
State program would result in a positive determination
under paragraph (2).
``(4) The Secretary shall prescribe the form and
manner of filing an application under this section that
shall provide sufficient information about a State's
one-call notification program for the Secretary to
evaluate its overall effectiveness. Such information
may include the nature and reasons for exceptions from
required participation, the types of enforcement
available, and such other information as the Secretary
deems necessary.
``(5) The application of a State under paragraph
(1) and the record of actions of the Secretary under
this section shall be available to the public.
``(c) Alternative Program.--A State is eligible to receive
a grant under section 6106 if the State maintains an
alternative one-call notification program that provides
protection for public safety, excavators, and the environment
that is equivalent to, or greater than, protection provided
under a program that meets the minimum standards set forth in
section 6103.
``(d) Report.--Within 3 years after the date of the
enactment of this chapter, the Secretary shall begin to include
the following information in reports submitted under section
60124 of this title--
``(1) a description of the extent to which each
State has adopted and implemented the minimum Federal
standards under section 6103 or maintains an
alternative program under subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of each State's one-call notification
program and the one-call notification systems operating
under such program in achieving the purposes of this
chapter;
``(3) the impact of each State's decisions on the
extent of required participation in one-call
notification systems on prevention of damage to
underground facilities; and
``(4) areas where improvements are needed in one-
call notification systems in operation in each State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the
purposes of this chapter have been substantially achieved, no
further report under this section shall be required.
``Sec. 6105. Review of one-call system best practices
``(a) Study of Existing One-Call Systems.--Except as
provided in subsection (d), the Secretary, in consultation with
other appropriate Federal agencies, State agencies, one-call
notification system operators, underground facility operators,
excavators, and other interested parties, shall undertake a
study of damage prevention practices associated with existing
one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The
purpose of the study is to gather information in order to
determine which existing one-call notification systems
practices appear to be the most effective in protecting the
public, excavators, and the environment and in preventing
disruptions to public services and damage to underground
facilities. As part of the study, the Secretary shall consider,
at a minimum--
``(1) the methods used by one-call notification
systems and others to encourage participation by
excavators and owners of underground facilities;
``(2) the methods by which one-call notification
systems promote awareness of their programs, including
use of public service announcements and educational
materials and programs;
``(3) the methods by which one-call notification
systems receive and distribute information from
excavators and underground facility owners;
``(4) the use of any performance and service
standards to verify the effectiveness of a one-call
notification system;
``(5) the effectiveness and accuracy of mapping
used by one-call notification systems;
``(6) the relationship between one-call
notification systems and preventing damage to
underground facilities;
``(7) how one-call notification systems address the
need for rapid response to situations where the need to
excavate is urgent;
``(8) the extent to which accidents occur due to
errors in marking of underground facilities, untimely
marking or errors in the excavation process after a
one-call notification system has been notified of an
excavation;
``(9) the extent to which personnel engaged in
marking underground facilities may be endangered;
``(10) the characteristics of damage prevention
programs the Secretary believes could be relevant to
the effectiveness of State one-call notification
programs; and
``(11) the effectiveness of penalties and
enforcement activities under State one-call
notification programs in obtaining compliance with
program requirements.
``(c) Report.--Within 1 year after the date of the
enactment of this chapter, the Secretary shall publish a report
identifying those practices of one-call notification systems
that are the most and least successful in--
``(1) preventing damage to underground facilities;
and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those
practices identified in the report that the State determines
are the most appropriate.
``(d) Secretarial Discretion.--Prior to undertaking the
study described in subsection (a), the Secretary shall
determine whether timely information described in subsection
(b) is readily available. If the Secretary determines that such
information is readily available, the Secretary is not required
to carry out the study.
``Sec. 6106. Grants to States
``(a) In General.--The Secretary may make a grant of
financial assistance to a State that qualifies under section
6104(b) to assist in improving--
``(1) the overall quality and effectiveness of one-
call notification systems in the State;
``(2) communications systems linking one-call
notification systems;
``(3) location capabilities, including training
personnel and developing and using location technology;
``(4) record retention and recording capabilities
for one-call notification systems;
``(5) public information and education;
``(6) participation in one-call notification
systems; or
``(7) compliance and enforcement under the State
one-call notification program.
``(b) State Action Taken Into Account.--In making grants
under this section, the Secretary shall take into consideration
the commitment of each State to improving its State one-call
notification program, including legislative and regulatory
actions taken by the State after the date of enactment of this
chapter.
``(c) Funding for One-Call Notification Systems.--A State
may provide funds received under this section directly to any
one-call notification system in such State that substantially
adopts the best practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
``(a) For Grants to States.--There are authorized to be
appropriated to the Secretary to provide grants to States under
section 6106 $1,000,000 for fiscal year 2000 and $5,000,000 for
fiscal year 2001. Such funds shall remain available until
expended, .
``(b) For Administration.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
carry out sections 6103, 6104, and 6105 for fiscal years 1999,
2000, and 2001.
``(c) General Revenue Funding.--Any sums appropriated under
this section shall be derived from general revenues and may not
be derived from amounts collected under section 60301 of this
title.
``Sec. 6108. Relationship to State laws
``Nothing in this chapter preempts State law or shall
impose a new requirement on any State or mandate revisions to a
one-call system.''.
(b) Conforming Amendment.--The table of chapters for
subtitle III of such title is amended by adding at the end
thereof the following:
``61. ONE-CALL NOTIFICATION PROGRAMS.............................6101''.
Subtitle D--Sportfishing and Boating Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.
(a) Short Title.--This subtitle may be cited as the
``Sportfishing and Boating Safety Act of 1998''.
(b) Amendment of 1950 Act.--Whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision of the 1950 Act, the
reference shall be considered to be made to a section or other
provision of the Act entitled ``An Act to provide that the
United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved August
9, 1950 (16 U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C.
777a) is amended--
(1) by indenting the left margin of so much of the
text as precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--''
after the section heading;
(3) by striking ``For the purpose of this Act the''
in the first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the
text as follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and
``(d)'' and inserting ``(A)'', ``(B)'', ``(C)'', and
``(D)'', respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end the following:
``(2) the term `outreach and communications
program' means a program to improve communications with
anglers, boaters, and the general public regarding
angling and boating opportunities, to reduce barriers
to participation in these activities, to advance
adoption of sound fishing and boating practices, to
promote conservation and the responsible use of the
Nation's aquatic resources, and to further safety in
fishing and boating; and
``(3) the term `aquatic resource education program'
means a program designed to enhance the public's
understanding of aquatic resources and sportfishing,
and to promote the development of responsible attitudes
and ethics toward the aquatic environment.''.
(b) Funding for Outreach and Communications Program.--
Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
(1) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the
following:
``(c) National Outreach and Communications Program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
``(1) $5,000,000 for fiscal year 1999;
``(2) $6,000,000 for fiscal year 2000;
``(3) $7,000,000 for fiscal year 2001;
``(4) $8,000,000 for fiscal year 2002; and
``(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications
Program under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is
unobligated by the Secretary of the Interior for that program
may be expended by the Secretary under subsection (e).'';
(3) in subsection (d), as redesignated, by
inserting ``, for an outreach and communications
program'' after ``Act'';
(4) in subsection (d), as redesignated, by striking
``subsections (a) and (b),'' and inserting
``subsections (a), (b), and (c),'';
(5) by adding at the end of subsection (d), as
redesignated, the following: ``Of the sum available to
the Secretary of the Interior under this subsection for
any fiscal year, up to $2,500,000 may be used for the
National Outreach and Communications Program under
section 8(d) in addition to the amount available for
that program under subsection (c). No funds available
to the Secretary under this subsection may be used to
replace funding traditionally provided through general
appropriations, nor for any purposes except those
purposes authorized by this Act. The Secretary shall
publish a detailed accounting of the projects,
programs, and activities funded under this subsection
annually in the Federal Register.''; and
(6) in subsection (e), as redesignated, by striking
``subsections (a), (b), and (c),'' and inserting
``subsections (a), (b), (c), and (d),''.
(c) Increase in State Allocation.--Section 8 of the 1950
Act (16 U.S.C. 777g) is amended--
(1) by striking ``12\1/2\ percentum'' each place it
appears in subsection (b) and inserting ``15 percent'';
(2) by striking ``10 percentum'' in subsection (c)
and inserting ``15 percent'';
(3) by inserting ``and communications'' in
subsection (c) after ``outreach''; and
(4) by redesignating subsection (d) as subsection
(f); and by inserting after subsection (c) the
following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date
of enactment of the Sportfishing and Boating Safety Act
of 1998, the Secretary of the Interior shall develop
and implement, in cooperation and consultation with the
Sport Fishing and Boating Partnership Council, a
national plan for outreach and communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and
communications programs; and
``(B) for the establishment of a national
program.
``(3) Secretary may match or fund programs.--Under
the plan, the Secretary may obligate amounts available
under subsection (c) or (d) of section 4 of this Act--
``(A) to make grants to any State or
private entity to pay all or any portion of the
cost of carrying out any outreach and
communications program under the plan; or
``(B) to fund contracts with States or
private entities to carry out such a program.
``(4) Review.--The plan shall be reviewed
periodically, but not less frequently than once every 3
years.
``(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an outreach
and communications program and submit it to the Secretary. In
developing the plan, a State shall--
``(1) review the national plan developed under
subsection (d);
``(2) consult with anglers, boaters, the
sportfishing and boating industries, and the general
public; and
``(3) establish priorities for the State outreach
and communications program proposed for
implementation.''.
SEC. 7403. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended
to read as follows:
``(b) Use of Balance After Distribution.--
``(1) Fiscal year 1998.--In fiscal year 1998, an
amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be
transferred to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106(a)(1) of title 46, United
States Code.
``(2) Fiscal year 1999.--For fiscal year 1999, of
the balance of each annual appropriation remaining
after making the distribution under subsection (a), an
amount equal to $74,000,000, reduced by 82 percent of
the amount appropriated for that fiscal year from the
Boat Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
``(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
``(B) The balance remaining after the
application of subparagraph (A) shall be
transferred to the Secretary of Transportation
and shall be expended for State recreational
boating safety programs under section 13106 of
title 46, United States Code.
``(3) Fiscal years 2000-2003.--For each of fiscal
years 2000 through 2003, of the balance of each annual
appropriation remaining after making the distribution
under subsection (a), an amount equal to $82,000,000,
reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the
Aquatic Resources Trust Fund established by section
9504 of the Internal Revenue Code of 1986 to carry out
the purposes of section 13106(a) of title 46, United
States Code, shall be used as follows:
``(A) $10,000,000 shall be available for
each fiscal year to the Secretary of the
Interior for 3 fiscal years for obligation for
qualified projects under section 5604(c) of the
Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) $8,000,000 shall be available for
each fiscal year to the Secretary of the
Interior for 3 fiscal years for obligation for
qualified projects under section 6404(d) of the
Sportfishing and Boating Safety Act of 1998.
``(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred for each such fiscal year to the
Secretary of Transportation and shall be
expended for State recreational boating safety
programs under section 13106 of title 46,
United States Code.
``(4) Transfer of certain funds.--Amounts available
under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.''.
SEC. 7404. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide
funds to States for the development and maintenance of
facilities for transient nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as
amended by section 6402, is amended by adding at the end
thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after
the date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
``(2) State surveys.--Within 18 months after such
date of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
``(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
``(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes,''
approved August 9, 1950 (16 U.S.C. 777g(g)), as added by
subsection (b) of this section, a State may develop and submit
to the Secretary a plan for the construction, renovation, and
maintenance of facilities for transient nontrailerable
recreational vessels, and access to those facilities, to meet
the needs of nontrailerable recreational vessels operating on
navigable waters in the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior
shall obligate amounts made available under section
4(b)(3)(B) of the Act entitled ``An Act to provide that
the United States shall aid the States in fish
restoration and management projects, and for other
purposes,'' approved August 9, 1950, as amended by this
Act, to make grants to any State to pay not more than
75 percent of the cost to a State of constructing,
renovating, or maintaining facilities for transient
nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects
that--
(A) consist of the construction,
renovation, or maintenance of facilities for
transient nontrailerable recreational vessels
in accordance with a plan submitted by a State
under subsection (c);
(B) provide for public/private partnership
efforts to develop, maintain, and operate
facilities for transient nontrailerable
recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient
nontrailerable recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter's pleasure;
(2) ``facilities for transient nontrailerable
recreational vessels'' includes mooring buoys, day-
docks, navigational aids, seasonal slips, safe harbors,
or similar structures located on navigable waters, that
are available to the general public (as determined by
the Secretary of the Interior) and designed for
temporary use by nontrailerable recreational vessels;
and
(3) ``State'' means each of the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
SEC. 7405. BOAT SAFETY FUNDS.
(a) Availability of Allocations.--Section 13104(a) of title
46, United States Code, is amended--
(1) in paragraph (1), by striking ``3 years'' and
inserting ``2 years''; and
(2) in paragraph (2), by striking ``3-year'' and
inserting ``2-year''.
(b) Expenditures.--Section 13106 of title 46, United States
Code, is amended--
(1) by striking the first sentence of subsection
(a)(1) and inserting the following: ``Subject to
paragraph (2) and subsection (c), the Secretary shall
expend in each fiscal year for State recreational
boating safety programs, under contracts with States
under this chapter, an amount equal to the sum of (A)
the amount appropriated from the Boat Safety Account
for that fiscal year and (B) the amount transferred to
the Secretary under section 4(b) of the Act of August
9, 1950 (16 U.S.C. 777c(b)).'';
(2) in subsection (a)(2), by striking
``appropriated'' and inserting ``available''; and
(3) by striking subsection (c) and inserting the
following:
``(c) Of the amount transferred for each fiscal year to the
Secretary of Transportation under paragraphs (2) and (3) of
section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)),
$5,000,000 is available to the Secretary for payment of
expenses of the Coast Guard for personnel and activities
directly related to coordinating and carrying out the national
recreational boating safety program under this title, of which
$2,000,000 shall be available to the Secretary only to ensure
compliance with chapter 43 of this title. No funds available to
the Secretary under this subsection may be used to replace
funding traditionally provided through general appropriations,
nor for any purposes except those purposes authorized by this
section. Amounts made available by this subsection shall remain
available until expended. The Secretary shall publish annually
in the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''.
(c) Conforming Amendments.--
(1) The heading for section 13106 of title 46,
United States Code, is amended to read as follows:
``Sec. 13106. Authorization of appropriations''.
(2) The chapter analysis for chapter 131 of title
46, United States Code, is amended by striking the item
relating to section 13106 and inserting the following:
``13106. Authorization of appropriations.''.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.
(a) Establishment of Separate Categories.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
(1) FY1999.--In paragraph (3), strike ``and'' at
the end of subparagraph (B) and after subparagraph (C)
add the following new subparagraphs:
``(D) for the highway category:
$21,885,000,000 in outlays; and
``(E) for the mass transit category:
$4,401,000,000 in outlays.
(2) FY2000.--In paragraph (4), strike ``and'' at
the end of subparagraph (A) and at the end add the
following new subparagraphs:
``(C) for the highway category:
$24,436,000,000 in outlays; and
``(D) for the mass transit category:
$4,761,000,000 in outlays;''.
(3) FY2001.--In paragraph (5), strike the comma and
insert ``--'' after ``2001'', insert ``(A)'' before
``for'' and indent the new subparagraph and move it 2
ems to the right, strike ``and'' at the end of such
subparagraph, and at the end add the following new
subparagraphs:
``(B) for the highway category:
$26,204,000,000 in outlays; and
``(C) for the mass transit category:
$5,190,000,000 in outlays;''.
(4) FY2002.--In paragraph (6), strike the comma and
insert ``--'' after ``2002'', insert ``(A)'' before
``for'', indent the new subparagraph and move it 2 ems
to the right, and add at the end the following new
subparagraphs:
``(B) for the highway category:
$26,977,000,000 in outlays; and
``(C) for the mass transit category:
$5,709,000,000 in outlays; and''.
(5) FY2003.--After paragraph (6), add the following
new paragraph:
``(7) with respect to fiscal year 2003--
``(A) for the highway category:
$27,728,000,000 in outlays; and
``(B) for the mass transit category:
$6,256,000,000 in outlays;''.
(b) Offsetting Adjustment in Discretionary Spending
Limits.--
(1) Adjustment of nondefense category for fy1999.--
The discretionary spending limit set forth in section
251(c)(3)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as adjusted in conformance
with section 251(b) of that Act, is reduced by
$859,000,000 in new budget authority and
$25,173,000,000 in outlays.
(2) Adjustment of discretionary category for
fy2000.--The discretionary spending limit set forth in
section 251(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as adjusted in
conformance with section 251(b) of that Act, is reduced
by $859,000,000 in new budget authority and
$26,045,000,000 in outlays.
(3) Adjustment of discretionary spending limit for
fy2001.--The discretionary spending limit set forth in
section 251(c)(5)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as adjusted in
conformance with section 251(b) of that Act, is reduced
by $859,000,000 in new budget authority and
$26,329,000,000 in outlays.
(4) Adjustment of discretionary spending limit for
fy2002.--The discretionary spending limit set forth in
section 251(c)(6)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as adjusted in
conformance with section 251(b) of that Act, is reduced
by $859,000,000 in new budget authority and
$26,675,000,000 in outlays.
(c) Definitions of Highway Category and Mass Transit
Category.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting
``(A)'' after ``(4)'' and by adding at the end the following
new subparagraphs:
``(B) The term `highway category' refers to the
following budget accounts or portions thereof that are
subject to the obligation limitations on contract
authority set forth in the Transportation Equity Act
for the 21st Century:
``(i) 69-8083-0-7-401 (Federal-Aid
Highways).
``(ii) 69-8020-0-7-401 (Highway Traffic
Safety Grants).
``(iii) 69-8048-0-7-401 (National Motor
Carrier Safety Program).
``(iv) 69-8016-0-7-401 (Operations and
Research NHTSA).
``(C) The term `mass transit category' refers to
the following budget accounts or portions thereof that
are subject to the obligation limitations on contract
authority provided in the Transportation Equity Act for
the 21st Century and for which appropriations are
provided pursuant to authorizations contained in that
Act (except that appropriations provided pursuant to
section 5338(h) of title 49, United States Code, as
amended by this section, shall not be included in this
category):
``(i) 69-8191-0-7-401 (Mass Transit Capital
Fund).
``(ii) 69-8350-0-7-401 (Trust Fund Share of
Expenses).
``(iii) 69-1129-0-1-401 (Formula Grants).
``(iv) 69-1120-0-1-401 (Administrative
expenses).
``(v) 69-1136-0-1-401 (University
Transportation Centers).
``(vi) 69-1137-0-1-401 (Transit Planning
and Research).
``(D) Special rule.--(i) Any outlays in excess of
the discretionary spending limit set forth in section
251(c) for the highway or mass transit category, as
adjusted, for the budget year shall be considered
nondefense category outlays or discretionary category
outlays.
``(ii) If the obligation limitations for accounts
in the highway or mass transit category provided in an
appropriation Act for a fiscal year exceed the
obligation limitations set forth in section 8103 of the
Transportation Equity Act for the 21st Century for that
year, as adjusted, the estimated outlays flowing for
each outyear from such excess obligations calculated
pursuant to clause (iii) shall be attributed to the
discretionary category in that outyear.
``(iii) For purposes of clause (ii), outlays from
excess obligations shall be determined using the
average of the spendout rates for that category in the
baseline.''.
(d) Adjustment to Highway and Mass Transit Categories.--
Section 251(b)(1) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by--
(1) striking ``When'' and inserting:
``(A) Concepts and definitions.--When'';
and
(2) adding at the end the following:
``(B) Adjustment to align highway spending
with revenues.--(i) When the President submits
the budget under section 1105 of title 31,
United States Code, OMB shall calculate and the
budget shall include adjustments to the highway
category for the budget year and each outyear
as provided in clause (ii)(I)(cc).
``(ii)(I)(aa) OMB shall take the actual
level of highway receipts for the year before
the current year and subtract the sum of the
estimated level of highway receipts in
subclause (II) plus any amount previously
calculated under item (bb) for that year.
``(bb) OMB shall take the current estimate
of highway receipts for the budget year and
subtract the estimated level of receipts for
that year.
``(cc) OMB shall take the sum of the
amounts calculated under items (aa) and (bb),
add that sum to the amount of obligations
setforth in section 8103 of the Transportation Equity Act for the 21st
Century for the highway category for the budget year, and calculate the
outlay change resulting from that change in obligations relative to
that amount for the budget year and each outyear using current
estimates. After making the calculation under the preceding sentence,
OMB shall adjust the amount of obligations set forth in that section
for the budget year by adding the sum of the amounts calculated under
items (aa) and (bb).
``(II) The estimated level of highway
receipts for the purposes of this clause are--
``(aa) for fiscal year 1998,
$22,164,000,000;
``(bb) for fiscal year 1999,
$32,619,000,000;
``(cc) for fiscal year 2000,
$28,066,000,000;
``(dd) for fiscal year 2001,
$28,506,000,000;
``(ee) for fiscal year 2002,
$28,972,000,000; and
``(ff) for fiscal year 2003,
$29,471,000,000.
``(III) In this clause, the term `highway
receipts' means the governmental receipts
credited to the highway account of the Highway
Trust Fund.
``(C)(i) In addition to the adjustment required by
subparagraph (B), when the President submits the budget
under section 1105 of title 31, United States Code, for
fiscal years 2000, 2001, 2002, or 2003, OMB shall
calculate and the budget shall include for the budget
year and each outyear an adjustment to the limits on
outlays for the highway category and the mass transit
category equal to--
``(I) the outlays for the applicable
category calculated assuming obligation levels
consistent with the estimates prepared pursuant
to subparagraph (D), as adjusted, using current
technical assumptions; minus
``(II) the outlays for the applicable
category set forth in the subparagraph (D)
estimates, as adjusted.
``(ii) The adjustment made pursuant to clause (i)
in the fiscal years 2002 and 2003 budget submissions of
the President under section 1105(a) of title 31, United
States Code, shall not exceed 4 percent plus cumulative
carryovers. In this clause, the term `cumulative
carryovers' means the total of each amount by which
outlays for the highway and mass transit category for
any fiscal year are less than the outlay limit for that
category, as adjusted, for that year less any amount of
carryover used in the previous year.
``(D)(i) When OMB and CBO submit their final
sequester report for fiscal year 1999, that report
shall include an estimate of the outlays for each of
the categories that would result in fiscal years 2000
through 2003 from obligations at the levels specified
in section 8103 of the Transportation Equity Act for
the 21st Century using current assumptions.
``(ii) When the President submits the
budget under section 1105 of title 31, United
States Code, for fiscal years 2000, 2001, 2002,
or 2003, OMB shall adjust the estimates made in
clause (i) by the adjustments by subparagraphs
(B) and (C).
``(E) OMB shall consult with the Committees on the
Budget and include a report on adjustments under
subparagraphs (B) and (C) in the preview report.''.
(e) Enforcement of Guarantee.--Rule XXI of the Rules of the
House of Representatives is amended by adding at the end the
following new clause:
``9. It shall not be in order to consider any bill or joint
resolution, or any amendment thereto or conference report
thereon, that would cause obligation limitations to be below
the level for any fiscal year set forth in section 8103 of the
Transportation Equity Act for the 21st Century, as adjusted,
for the highway category or the mass transit category, as
applicable.''.
SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT.
Upon the enactment of this Act, the Director of the Office
of Management and Budget shall not make any estimates under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 of changes in direct spending outlays and
receipts for any fiscal year resulting from this title.
SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the level of obligation limitations for the highway
category is--
(1) for fiscal year 1999, $25,883,000,000;
(2) for fiscal year 2000, $26,629,000,000;
(3) for fiscal year 2001, $27,158,000,000;
(4) for fiscal year 2002, $27,767,000,000; and
(5) for fiscal year 2003, $28,233,000,000.
(b) Mass Transit Category.--For the purposes of section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985, the level of obligation limitations for the mass
transit category is--
(1) for fiscal year 1999, $5,365,000,000;
(2) for fiscal year 2000, $5,797,000,000;
(3) for fiscal year 2001, $6,271,000,000;
(4) for fiscal year 2002, $6,747,000,000; and
(5) for fiscal year 2003, $7,226,000,000.
For purposes of this subsection, the term ``obligation
limitations'' means the sum of budget authority and obligation
limitations.
Subtitle B--Veterans' Benefits
SEC. 8201. SHORT TITLE.
This subtitle may be cited as the ``Veterans Benefits Act
of 1998''.
SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION FOR
DISABILITIES RELATING TO USE OF TOBACCO PRODUCTS.
(a) Wartime Disability Compensation.--Section 1110 of title
38, United States Code, is amended by striking out ``or abuse
of alcohol or drugs'' and inserting in lieu thereof ``, abuse
of alcohol or drugs, or use of tobacco products''.
(b) Peacetime Disability Compensation.--Section 1131 of
such title is amended by striking out ``or abuse of alcohol or
drugs'' and inserting in lieu thereof ``, abuse of alcohol or
drugs, or use of tobacco products''.
(c) Applicability.--(1) Except as provided in paragraph
(2), the amendments made by this section shall apply to any
claims for compensation received by the Secretary of Veterans
Affairs before, on, or after the date of enactment of this Act.
(2) The amendments made by this section shall not apply in
the case of any such claims adjudicated by the Secretary before
such date of enactment for which a service-connection was
established for a disability on the basis of the use of tobacco
products.
SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC EDUCATIONAL
ASSISTANCE UNDER MONTGOMERY GI BILL.
(a) Active Duty Educational Assistance.--
(1) Increase in rates.--Section 3015 of title 38,
United States Code, is amended--
(A) in subsection (a)(1), by striking out
``$400'' and inserting in lieu thereof ``$528
(asincreased from time to time under subsection
(g))''; and
(B) in subsection (b)(1), by striking out
``$325'' and inserting in lieu thereof ``$429
(as increased from time to time under
subsection (g))''.
(2) CPI adjustment.--Subsection (g) of such section
is amended by striking out ``beginning on or after
October 1, 1994'' and all that follows through ``such
rates'' and inserting in lieu thereof ``, the Secretary
shall provide a percentage increase (rounded to the
nearest dollar) in the rates payable under subsections
(a)(1) and (b)(1)''.
(3) Technical amendments.--Such section is further
amended--
(A) in subsection (a), by striking out
``subsections (b), (c), (d), (e), (f), and (g)
of'' in the matter preceding paragraph (1); and
(B) in subsection (b)--
(i) by striking out ``Except as
provided in subsections (c), (d), (e),
(f), and (g), in'' and inserting in
lieu thereof ``In''; and
(ii) by inserting ``(except as
provided in the succeeding subsections
of this section)'' after ``under this
chapter shall''.
(4) Effective dates.--The amendments made by this
subsection shall take effect on October 1, 1998, and
shall apply with respect to educational assistance
allowances paid for months after September 1998.
However, no adjustment in rates of educational
assistance shall be made under subsection (g) of
section 3015 of title 38, United States Code, as
amended by paragraph (2), for fiscal year 1999.
(b) Selected Reserve Educational Assistance.--
(1) Increase in rates.--Paragraph (1) of section
16131(b) of title 10, United States Code, is amended--
(A) in subparagraph (A), by striking out
``$190'' and inserting in lieu thereof ``$251
(as increased from time to time under paragraph
(2))'';
(B) in subparagraph (B), by striking out
``$143'' and inserting in lieu thereof ``$188
(as increased from time to time under paragraph
(2))''; and
(C) in subparagraph (C), by striking out
``$95'' and inserting in lieu thereof ``$125
(as increased from time to time under paragraph
(2))''.
(2) CPI adjustment.--Paragraph (2) of such section
is amended by striking out ``beginning on or after
October 1, 1994'' and all that follows through ``such
rates'' and inserting in lieu thereof ``, the Secretary
shall provide a percentage increase (rounded to the
nearest dollar) in the rates payable under
subparagraphs (A), (B), and (C) of paragraph (1)''.
(3) Technical amendment.--Paragraph (1) of such
section is further amended by striking out ``in
paragraph (2) and''.
(4) Effective date.--The amendments made by this
subsection shall take effect on October 1, 1998, and
shall apply with respect to educational assistance
allowances paid for months after September 1998.
However, no adjustment in rates of educational
assistance shall be made under paragraph (2) of section
16131(b) of title 10, United States Code, as amended by
paragraph (2), for fiscal year 1999.
SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY ADAPTED HOUSING.
(a) In General.--Section 2102 of title 38, United States
Code, is amended--
(1) in the matter preceding paragraph (1) of
subsection (a), by striking out ``$38,000'' and
inserting in lieu thereof ``$43,000''; and
(2) in subsection (b)(2), by striking out
``$6,500'' and inserting in lieu thereof ``$8,250''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to limitations under section 2102 of
such title on assistance furnished to a veteran under section
2101 of such title on or after October 1, 1998.
SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE AND ADAPTIVE
EQUIPMENT FOR CERTAIN DISABLED VETERANS.
(a) In General.--Section 3902(a) of title 38, United States
Code, is amended by striking out ``$5,500'' and inserting in
lieu thereof ``$8,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to assistance furnished under section
3902 of such title on or after October 1, 1998.
SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE
FOR PENSION.
Effective October 1, 1998, the maximum annual rates of
pension in effect as of September 30, 1998, under the following
provisions of chapter 15 of title 38, United States Code, are
increased by $600:
(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4)
of section 1521.
(2) Section 1536(d)(2).
SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES FOR
REINSTATEMENT OF DEPENDENCY AND INDEMNITY
COMPENSATION UPON TERMINATION OF THAT REMARRIAGE.
(a) Restoration of Prior Eligibility.--Section 1311 of
title 38, United States Code, is amended by adding at the end
the following new subsection:
``(e)(1) The remarriage of the surviving spouse of a
veteran shall not bar the furnishing of dependency and
indemnity compensation to such person as the surviving spouse
of the veteran if the remarriage is terminated by death,
divorce, or annulment unless the Secretary determines that the
divorce or annulment was secured through fraud or collusion.
``(2) If the surviving spouse of a veteran ceases living
with another person and holding himself or herself out openly
to the public as that person's spouse, the bar to granting that
person dependency and indemnity compensation as the surviving
spouse of the veteran shall not apply.
``(3) The first month of eligibility for payment of
dependency and indemnity compensation to a surviving spouse by
reason of this subsection shall be the later of the month
after--
``(A) the month of the termination of such
remarriage, in the case of a surviving spouse described
in paragraph (1); or
``(B) the month of the cessation described in
paragraph (2), in the case of a surviving spouse
described in that paragraph.''.
(b) Effective Date.--No payment may be made by reason of
section 1311(e) of title 38, United States Code, as added by
subsection (a), for any month before October 1998.
SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR DEPARTMENT OF
DEFENSE SPECIAL SEPARATION BENEFIT PROGRAM.
The amendment made by section 653 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2583) to subsection (h)(2) of section 1174 of title 10,
United States Code, shall apply to any payment of separation
pay under the special separation benefits program under section
1174a of that title that was made during the period beginning
on December 5, 1991, and ending on September 30, 1996.
SEC. 8209. SENSE OF CONGRESS CONCERNING RECOVERY FROM TOBACCO COMPANIES
OF COSTS OF TREATMENT OF VETERANS FOR TOBACCO-
RELATED ILLNESSES.
It is the sense of the Congress--
(1) that the Attorney General or the Secretary of
Veterans Affairs, as appropriate, should take all steps
necessary to recover from tobacco companies amounts
corresponding to the costs which would be incurred by
the Department of Veterans Affairs for treatment of
tobacco-related illnesses of veterans, if such
treatment were authorized by law; and
(2) that the Congress should authorize by law the
treatment of tobacco-related illnesses of veterans upon
the recovery of such amounts.
Subtitle C--Temporary Student Loan Provision.
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.
(a) FFEL Interest Rates.--
(1) Amendment.--Section 427A of the Higher
Education Act of 1965 (20 U.S.C. 1077a) is amended--
(A) by redesignating subsections (j) and
(k) as subsections (k) and (l), respectively;
and
(B) by inserting after subsection (i) the
following new subsection:
``(j) Interest Rates for New Loans Between July 1, 1998 and
October 1, 1998.--
``(1) In general.--Notwithstanding subsection (h),
but subject to paragraph (2), with respect to any loan
made, insured, or guaranteed under this part (other
than a loan made pursuant to section 428B or 428C) for
which the first disbursement is made on or after July
1, 1998, and before October 1, 1998, the applicable
rate of interest shall, during any 12-month period
beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal to--
``(A) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction
held prior to such June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) In school and grace period rules.--
Notwithstanding subsection (h), with respect to any
loan under this part (other than a loan made pursuant
to section 428B or 428C) for which the first
disbursement is made on or after July 1, 1998, and
before October 1, 1998, the applicable rate of interest
for interest which accrues--
``(A) prior to the beginning of the
repayment period of the loan; or
``(B) during the period in which principal
need not be paid (whether or not such principal
is in fact paid) by reason of a provision
described in section 428(b)(1)(M) or
427(a)(2)(C),
shall be determined under paragraph (1) by substituting
`1.7 percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h),
with respect to any loan under section 428B for which
the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate
of interest shall, during any 12-month period beginning
on July 1 and ending on June 30, be determined on the
preceding June 1 and be equal to the lesser of--
``(A)(i) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction
held prior to such June 1; plus
``(ii) 3.1 percent; or
``(B) 9.0 percent.
``(4) Consultation.--The Secretary shall determine
the applicable rate of interest under this subsection
after consultation with the Secretary of the Treasury
and shall publish such rate in the Federal Register as
soon as practicable after the date of determination.''.
(2) Conforming amendment.--Section 428B(d)(4) (20
U.S.C. 1078-2(d)(4)) is amended by striking ``section
427A(c)'' and inserting ``section 427A for loans made
under this section''.
(b) Special Allowances.--
(1) Amendment.--Section 438(b)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)) is
amended by adding at the end the following new
subparagraph:
``(G) Loans disbursed between july 1, 1998, and
october 1, 1998.--
``(i) In general.--Subject to paragraph (4)
and clauses (ii), (iii), and (iv) of this
subparagraph, and except as provided in
subparagraph (B), the special allowance paid
pursuant to this subsection on loans for which
the first disbursement is made on or after July
1, 1998, and before October 1, 1998, shall be
computed--
``(I) by determining the average of
the bond equivalent rates of 91-day
Treasury bills auctioned for such 3-
month period;
``(II) by subtracting the
applicable interest rates on such loans
from such average bond equivalent rate;
``(III) by adding 2.8 percent to
the resultant percent; and
``(IV) by dividing the resultant
percent by 4.
``(ii) In school and grace period.--In the
case of any loan for which the first
disbursement is made on or after July 1, 1998,
and before October 1, 1998, and for which the
applicable rate of interest is described in
section 427A(j)(2), clause (i)(III) of this
subparagraph shall be applied by substituting
`2.2 percent' for `2.8 percent'.
``(iii) PLUS loans.--In the case of any
loan for which the first disbursement is made
on or after July 1, 1998, and before October 1,
1998, and for which the applicable rate of
interest is described in section 427A(j)(3),
clause (i)(III) of this subparagraph shall be
applied by substituting `3.1 percent' for `2.8
percent', subject to clause (v) of this
subparagraph.
``(iv) Consolidation loans.--This
subparagraph shall not apply in the case of any
consolidation loan.
``(v) Limitation on special allowances for
PLUS loans.--In the case of PLUS loans made
under section 428B and disbursed on or after
July 1, 1998, and before October 1, 1998, for
which the interest rate is determined under
427A(j)(3), a special allowance shall not be
paid for such loan for such unless the rate
determined under subparagraph (A) of such
section (without regard to subparagraph (B) of
such section) exceeds 9.0 percent.''.
(2) Conforming amendments.--Section 438(b)(2) of
such Act is further amended--
(A) in subparagraph (A), by striking ``(E),
and (F)'' and inserting ``(E), (F), and (G)'';
(B) in subparagraph (B)(iv), by striking
``(E), or (F)'' and inserting ``(E), (F), or
(G)''; and
(C) in subparagraph (C)(ii), by striking
``In the case'' and inserting ``Subject to
subparagraph (G), in the case''.
(c) Direct Loan Interest Rates.--Section 455(b) (20 U.S.C.
1087e(b)) is amended--
(1) by redesignating paragraph (5) as paragraph
(6); and
(2) by inserting after paragraph (4) the following
new paragraph:
``(5) Temporary interest rate provision.--
``(A) Rates for fdsl and fdusl.--
Notwithstanding the preceding paragraphs of
this subsection, for Federal Direct Stafford
Loans and Federal Direct Unsubsidized Stafford
Loans for which the first disbursement is made
on or after July 1, 1998, and before October 1,
1998, the applicable rate of interest shall,
during any 12-month period beginning on July 1
and ending on June 30, be determined on the
preceding June 1 and be equal to--
``(i) the bond equivalent rate of
91-day Treasury bills auctioned at the
final auction held prior to such June
1; plus
``(ii) 2.3 percent,
except that such rate shall not exceed 8.25
percent.
``(B) In school and grace period rules.--
Notwithstanding the preceding paragraphs of
this subsection, with respect to any Federal
Direct Stafford Loan or Federal Direct
Unsubsidized Stafford Loan for which the first
disbursement is made on or after July 1, 1998,
and before October 1, 1998, the applicable rate
of interest for interest which accrues--
``(i) prior to the beginning of the
repayment period of the loan; or
``(ii) during the period in which
principal need not be paid (whether or
not such principal is in fact paid) by
reason of a provision described in
section 428(b)(1)(M) or 427(a)(2)(C),
shall be determined under subparagraph (A) by
substituting `1.7 percent' for `2.3 percent'.
``(C) PLUS loans.--Notwithstanding the
preceding paragraphs of this subsection, with
respect to Federal Direct PLUS Loan for which
the first disbursement is made on or after July
1, 1998, and before October 1, 1998, the
applicable rate of interest shall be determined
under subparagraph (A)--
``(i) by substituting `3.1 percent'
for `2.3 percent'; and
``(ii) by substituting `9.0
percent' for `8.25 percent'.''.
Subtitle D--Block Grants for Social Services
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.
(a) Reduction of Grants.--Section 2003(c) of the Social
Security Act (42 U.S.C. 1397b(c)) is amended by striking
paragraphs (7) and (8) and inserting the following:
``(7) $2,380,000,000 for the fiscal year 1997;
``(8) $2,380,000,000 for the fiscal year 1998;
``(9) $2,380,000,000 for the fiscal year 1999;
``(10) $2,380,000,000 for the fiscal year 2000; and
``(11) $1,700,000,000 for the fiscal year 2001 and
each fiscal year thereafter.''.
(b) Limitation on Amount of TANF Funds Transferable.--
Section 404(d)(2) of the Social Security Act (42 U.S.C.
604(d)(2)) is amended to read as follows:
``(2) Limitation on amount transferable to title xx
programs.--
``(A) In general.--A State may use not more
than the applicable percent of the amount of
any grant made to the State under section
403(a) for a fiscal year to carry out State
programs pursuant to title XX.
``(B) Applicable percent.--For purposes of
subparagraph (A), the applicable percent is
4.25 percent in the case of fiscal year 2001
and each succeeding fiscal year.''.
(c) Effective Date.--The amendments made by this section
take effect on October 1, 1998.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
SEC. 901. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This title may be cited as the ``Surface
Transportation Revenue Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue
Code of 1986.
SEC. 902. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions are each
amended by striking ``1999'' each place it appears and
inserting ``2005'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating
to rate of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate
of tax on special motor fuels), as amended by
section 907(a)(1) of the Taxpayer Relief Act of
1997.
(C) Section 4041(m)(1)(A) (relating to
certain alcohol fuels), as amended by section
907(b) of the Taxpayer Relief Act of 1997.
(D) Section 4051(c) (relating to
termination of tax on heavy trucks and
trailers).
(E) Section 4071(d) (relating to
termination of tax on tires).
(F) Section 4081(d)(1) (relating to
termination of tax on gasoline, diesel fuel,
and kerosene).
(G) Section 4481(e) (relating to period tax
in effect).
(H) Section 4482(c)(4) (relating to taxable
period).
(I) Section 4482(d) (relating to special
rule for taxable period in which termination
date occurs).
(2) Other provisions.--
(A) Floor stocks refunds.--Section
6412(a)(1) (relating to floor stocks refunds)
is amended--
(i) by striking ``1999'' each place
it appears and inserting ``2005'', and
(ii) by striking ``2000'' each
place it appears and inserting
``2006''.
(B) Installment payments of highway use
tax.--Section 6156(e)(2) (relating to
installment payments of highway use tax on use
of highway motor vehicles) is amended by
striking ``1999'' and inserting ``2005''.
(b) Extension of Certain Exemptions.--The following
provisions are each amended by striking ``1999'' and inserting
``2005'':
(1) Section 4221(a) (relating to certain tax-free
sales).
(2) Section 4483(g) (relating to termination of
exemptions for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From,
Trust Fund.--
(1) In general.--Subsection (b), and paragraphs (2)
and (3) of subsection (c), of section 9503 (relating to
the Highway Trust Fund) are each amended--
(A) by striking ``1999'' each place it
appears and inserting ``2005'', and
(B) by striking ``2000'' each place it
appears and inserting ``2006''.
(2) Motorboat and small-engine fuel tax
transfers.--
(A) In general.--Paragraphs (4)(A)(i) and
(5)(A) of section 9503(c) are each amended by
striking ``1998'' and inserting ``2005''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land
and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-11(b)) is amended--
(i) by striking ``1997'' and
inserting ``2003'', and
(ii) by striking ``1998'' each
place it appears and inserting
``2004''.
(3) Conforming amendment.--The heading for
paragraph (3) of section 9503(c) is amended to read as
follows:
``(3) Floor stocks refunds.--''.
(d) Extension and Expansion of Expenditures From Trust
Fund.--
(1) Highway account.--
(A) Extension of expenditure authority.--
Paragraph (1) of section 9503(c) is amended by
striking ``1998'' and inserting ``2003''.
(B) Expansion of purposes.--Paragraph (1)
of section 9503(c) is amended--
(i) by striking ``or'' at the end
of subparagraph (C), and
(ii) by striking ``1991.'' in
subparagraph (D) and all that follows
through the end of paragraph (1) and
inserting ``1991, or
``(E) authorized to be paid out of the
Highway Trust Fund under the Transportation
Equity Act for the 21st Century.
In determining the authorizations under the Acts
referred to in the preceding subparagraphs, such Acts
shall be applied as in effect on the date of enactment
of the Transportation Equity Act for the 21st
Century.''.
(2) Mass transit account.--
(A) Extension of expenditure authority.--
Paragraph (3) of section 9503(e) is amended by
striking ``1998'' and inserting ``2003''.
(B) Expansion of purposes.--Paragraph (3)
of section 9503(e) is amended--
(i) by striking ``or'' at the end
of subparagraph (A),
(ii) by adding ``or'' at the end of
subparagraph (B), and
(iii) by striking all that follows
subparagraph (B) and inserting:
``(C) the Transportation Equity Act for the
21st Century,
as such section and Acts are in effect on the date of
enactment of the Transportation Equity Act for the 21st
Century.''.
(e) Technical Correction Relating to Transfers to Mass
Transit Account.--
(1) In general.--Section 9503(e)(2) is amended by
striking the last sentence and inserting the following:
``For purposes of the preceding sentence, the term
`mass transit portion' means, for any fuel with respect
to which tax was imposed under section 4041 or 4081 and
otherwise deposited into the Highway Trust Fund, the
amount determined at the rate of--
``(A) except as otherwise provided in this
sentence, 2.86 cents per gallon,
``(B) 1.43 cents per gallon in the case of
any partially exempt methanol or ethanol fuel
(as defined in section 4041(m)) none of the
alcohol in which consists of ethanol,
``(C) 1.86 cents per gallon in the case of
liquefied natural gas,
``(D) 2.13 cents per gallon in the case of
liquefied petroleum gas, and
``(E) 9.71 cents per MCF (determined at
standard temperature and pressure) in the case
of compressed natural gas.''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect as if included in the
amendment made by section 901(b) of the Taxpayer Relief
Act of 1997.
(f) Clerical Amendments.--
(1) Paragraph (1) of section 9503(b) is amended by
striking subparagraph (C), by striking ``and tread
rubber'' in subparagraph (D), and by redesignating
subparagraphs (D), (E), and (F) as subparagraphs (C),
(D), and (E), respectively.
(2) Clause (i) of section 9503(c)(2)(A) is amended
by adding ``and'' at the end of subclause (II), by
striking subclause (III), and by redesignating
subclause (IV) as subclause (III).
(3) Clause (ii) of section 9503(c)(2)(A) is amended
by striking ``gasoline, special fuels, and lubricating
oil'' each place it appears and inserting ``fuel''.
SEC. 903. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR ALCOHOL FUELS.
(a) Extension of Tax Benefits.--
(1) Extension.--The following provisions are each
amended by striking ``2000'' each place it appears and
inserting ``2007'':
(A) Section 4041(b)(2)(C) (relating to
termination of reduction in tax for qualified
methanol and ethanol fuel).
(B) Section 4041(k)(3) (relating to
termination of rates relating to fuels
containing alcohol).
(C) Section 4081(c)(8) (relating to
termination of special rate for taxable fuels
mixed with alcohol).
(D) Section 4091(c)(5) (relating to
termination of reduced rate of tax for aviation
fuel in alcohol mixture, etc.).
(2) Extension of refund authority.--Paragraph (4)
of section 6427(f) (relating to refund for gasoline,
diesel fuel, and aviation fuel used to produce certain
alcohol fuels), as amended by the Taxpayer Relief Act
of 1997, is amended by striking ``1999'' and inserting
``2007''.
(3) Credit for alcohol used as a fuel.--Paragraph
(1) of section 40(e) (relating to termination of credit
for alcohol used as a fuel) is amended--
(A) by striking ``December 31, 2000'' in
subparagraph (A) and inserting ``December 31,
2007'', and
(B) by striking ``January 1, 2001'' and
inserting ``January 1, 2008''.
(4) Tariff schedule.--Headings 9901.00.50 and
9901.00.52 of the Harmonized Tariff Schedule of the
United States (19 U.S.C. 3007) are each amended in the
effective period column by striking ``10/1/2000'' each
place it appears and inserting ``10/1/2007''.
(b) Modification.--
(1) In general.--Subsection (h) of section 40
(relating to alcohol used as fuel) is amended to read
as follows:
``(h) Reduced Credit for Ethanol Blenders.--
``(1) In general.--In the case of any alcohol
mixture credit or alcohol credit with respect to any
sale or use of alcohol which is ethanol during calendar
years 2001 through 2007--
``(A) subsections (b)(1)(A) and (b)(2)(A)
shall be applied by substituting `the blender
amount' for `60 cents',
``(B) subsection (b)(3) shall be applied by
substituting `the low-proof blender amount' for
`45 cents' and `the blender amount' for `60
cents', and
``(C) subparagraphs (A) and (B) of
subsection (d)(3) shall be applied by
substituting `the blender amount' for `60
cents' and `the low-proof blender amount' for
`45 cents'.
``(2) Amounts.--For purposes of paragraph (1), the
blender amount and the low-proof blender amount shall
be determined in accordance with the following table:
In the case of any sale or use The blender amount The low-proof
during calendar year: is: blender amount is:
2001 or 2002.................... 53 cents.......... 39.26 cents
2003 or 2004.................... 52 cents.......... 38.52 cents
2005, 2006, or 2007............. 51 cents.......... 37.78 cents.''.
(2) Conforming amendments.--
(A) Section 4041(b)(2) is amended--
(i) in subparagraph (A)(i), by
striking ``5.4 cents'' and inserting
``the applicable blender rate'', and
(ii) by redesignating subparagraph
(C), as amended by subsection
(a)(1)(A), as subparagraph (D) and by
inserting after subparagraph (B) the
following:
``(C) Applicable blender rate.--For
purposes of subparagraph (A)(i), the applicable
blender rate is--
``(i) except as provided in clause
(ii), 5.4 cents, and
``(ii) for sales or uses during
calendar years 2001 through 2007, \1/
10\ of the blender amount applicable
under section 40(h)(2) for the calendar
year in which the sale or use
occurs.''.
(B) Subparagraph (A) of section 4081(c)(4)
is amended to read as follows:
``(A) General rules.--
``(i) Mixtures containing
ethanol.--Except as provided in clause
(ii), in the case of a qualified
alcohol mixture which contains
gasoline, the alcohol mixture rate is
the excess of the rate which would (but
for this paragraph) be determined under
subsection (a) over--
``(I) in the case of 10
percent gasohol, the applicable
blender rate (as defined in
section 4041(b)(2)(C)) per
gallon,
``(II) in the case of 7.7
percent gasohol, the number of
cents per gallon equal to 77
percent of such applicable
blender rate, and
``(III) in the case of 5.7
percent gasohol, the number of
cents per gallon equal to 57
percent of such applicable
blender rate.
``(ii) Mixtures not containing
ethanol.--In the case of a qualified
alcohol mixture which contains gasoline
and none of the alcohol in which
consists of ethanol, the alcohol
mixture rate is the excess of the rate
which would (but for this paragraph) be
determined under subsection (a) over--
``(I) in the case of 10
percent gasohol, 6 cents per
gallon,
``(II) in the case of 7.7
percent gasohol, 4.62 cents per
gallon, and
``(III) in the case of 5.7
percent gasohol, 3.42 cents per
gallon.''.
(C) Section 4081(c)(5) is amended by
striking ``5.4 cents'' and inserting ``the
applicable blender rate (as defined in section
4041(b)(2)(C))''.
(D) Section 4091(c)(1) is amended by
striking ``13.4 cents'' each place it appears
and inserting ``the applicable blender amount''
and by adding at the end the following: ``For
purposes of this paragraph, the term
`applicable blender amount' means 13.3 cents in
the case of any sale or use during 2001 or
2002, 13.2 cents in the case of any sale or use
during 2003 or 2004, 13.1 cents in the case of
any sale or use during 2005, 2006, or 2007, and
13.4 cents in the case of any sale or use
during 2008 or thereafter.''.
(3) Effective date.--The amendments made by this
subsection shall take effect on January 1, 2001.
SEC. 904. MODIFICATIONS TO HIGHWAY TRUST FUND.
(a) Determination of Trust Fund Balances After September
30, 1998.--
(1) In general.--Section 9503 (relating to Highway
Trust Fund) is amended by adding at the end the
following new subsection:
``(f) Determination of Trust Fund Balances After September
30, 1998.--For purposes of determining the balances of the
Highway Trust Fund and the Mass Transit Account after September
30, 1998--
``(1) the opening balance of the Highway Trust Fund
(other than the Mass Transit Account) on October 1,
1998, shall be $8,000,000,000, and
``(2) no interest accruing after September 30,
1998, on any obligation held by such Fund shall be
credited to such Fund.
The Secretary shall cancel obligations held by the Highway
Trust Fund to reflect the reduction in the balance under this
subsection.''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect on October 1, 1998.
(b) Repeal of Limitation on Expenditures Added by Taxpayer
Relief Act of 1997.--
(1) In general.--Subsection (c) of section 9503
(relating to expenditures from Highway Trust Fund) is
amended by striking paragraph (7).
(2) Effective date.--The amendment made by
paragraph (1) shall take effect as if included in the
amendments made by section 901 of the Taxpayer Relief
Act of 1997.
(c) Limitation on Expenditure Authority.--Subsection (b) of
section 9503 (relating to transfers to Highway Trust Fund) is
amended by adding at the end the following new paragraph:
``(6) Limitation on transfers to highway trust
fund.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be appropriated
to the Highway Trust Fund on and after the date
of any expenditure from the Highway Trust Fund
which is not permitted by this section. The
determination of whether an expenditure is so
permitted shall be made without regard to--
``(i) any provision of law which is
not contained or referenced in this
title or in a revenue Act, and
``(ii) whether such provision of
law is a subsequently enacted provision
or directly or indirectly seeks to
waive the application of this
paragraph.
``(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any
expenditure to liquidate any contract entered
into (or for any amount otherwise obligated)
before October 1, 2003, in accordance with the
provisions of this section.''.
(d) Modification of Mass Transit Account Rules on
Adjustments of Apportionments.--Paragraph (4) of section
9503(e) is amended to read as follows:
``(4) Limitation.--Rules similar to the rules of
subsection (d) shall apply to the Mass Transit
Account.''.
SEC. 905. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST FUND.
(a) Increased Transfers.--
(1) Subparagraph (D) of section 9503(b)(4), as
amended by section 911, is amended by striking
``exceeds 11.5 cents per gallon,'' and inserting
``exceeds--
``(i) 11.5 cents per gallon with
respect to taxes imposed before October
1, 2001,
``(ii) 13 cents per gallon with
respect to taxes imposed after
September 30, 2001, and before October
1, 2003, and
``(iii) 13.5 cents per gallon with
respect to taxes imposed after
September 30, 2003, and before October
1, 2005,''.
(2) Clause (ii) of section 9503(c)(4)(A) is amended
by adding at the end the following new flush sentence:
``In making the determination under
subclause (II) for any fiscal year, the
Secretary shall not take into account
any amount appropriated from the Boat
Safety Account in any preceding fiscal
year but not distributed.''
(b) Expansion of Expenditure Authority From Boat Safety
Account.--Section 9504(b)(2) (relating to expenditures from
Sport Fish Restoration Account) is amended--
(1) in subparagraph (A) by striking ``October 1,
1988), and'' and inserting ``the date of the enactment
of the Transportation Equity Act for the 21st
Century),'',
(2) in subparagraph (B) by striking ``November 29,
1990'' and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century'', and
(3) by redesignating subparagraph (B) as
subparagraph (C) and by inserting after subparagraph
(A) the following new subparagraph:
``(B) to carry out the purposes of section
7404(d) of the Transportation Equity Act for
the 21st Century (as in effect on the date of
the enactment of such Act), and''.
(c) Extension and Expansion of Expenditure Authority From
Boat Safety Account.--Section 9504(c) (relating to expenditures
from Boat Safety Account) is amended--
(1) by striking ``1998'' and inserting ``2003'',
and
(2) by striking ``October 1, 1988'' and inserting
``the date of enactment of the Transportation Equity
Act for the 21st Century''.
(d) Limitation on Expenditure Authority.--Section 9504
(relating to Aquatic Resources Trust Fund) is amended by
redesignating subsection (d) as subsection (e) and by inserting
after subsection (c) the following:
``(d) Limitation on Transfers to Aquatic Resources Trust
Fund.--
``(1) In general.--Except as provided in paragraph
(2), no amount may be appropriated or paid to any
Account in the Aquatic Resources Trust Fund on and
after the date of any expenditure from any such Account
which is not permitted by this section. The
determination of whether an expenditure is so permitted
shall be made without regard to--
``(A) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this subsection.
``(2) Exception for prior obligations.--Paragraph
(1) shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) before October 1, 2003, in accordance with
the provisions of this section.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
SEC. 906. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.
(a) In General.--Section 4041(a)(1)(C)(ii) (relating to
rate of tax on trains) is amended--
(1) in subclause (II), by striking ``October 1,
1999'' and inserting ``November 1, 1998'', and
(2) in subclause (III), by striking ``September 30,
1999'' and inserting ``October 31, 1998''.
(b) Conforming Amendments.--
(1) Section 6421(f)(3)(B) is amended--
(A) in clause (ii), by striking ``October
1, 1999'' and inserting ``November 1, 1998'',
and
(B) in clause (iii), by striking
``September 30, 1999'' and inserting ``October
31, 1998''.
(2) Section 6427(l)(3)(B) is amended--
(A) in clause (ii), by striking ``October
1, 1999'' and inserting ``November 1, 1998'',
and
(B) in clause (iii), by striking
``September 30, 1999'' and inserting ``October
31, 1998''.
SEC. 907. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NONAMTRAK STATES.
(a) In General.--Section 977(e)(1)(B) of the Taxpayer
Relief Act of 1997 (defining qualified expenses) is amended--
(1) by striking ``and'' at the end of clause (iii),
and
(2) by striking clause (iv) and inserting the
following:
``(iv) capital expenditures related
to State-owned rail operations in the
State,
``(v) any project that is eligible
to receive funding under section 5309,
5310, or 5311 of title 49, United
States Code,
``(vi) any project that is eligible
to receive funding under section 103,
130, 133, 144, 149, or 152 of title 23,
United States Code,
``(vii) the upgrading and
maintenance of intercity primary and
rural air service facilities, and the
purchase of intercity air service
between primary and rural airports and
regional hubs,
``(viii) the provision of passenger
ferryboat service within the State,
``(ix) the provision of harbor
improvements within the State, and
``(x) the payment of interest and
principal on obligations incurred for
such acquisition, upgrading,
maintenance, purchase, expenditures,
provision, and projects.''
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
977 of the Taxpayer Relief Act of 1997.
SEC. 908. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR APPROVED
DIESEL OR KEROSENE TERMINALS.
Subsection (f) of section 1032 of the Taxpayer Relief Act
of 1997 is amended to read as follows:
``(f) Effective Dates.--
``(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on
July 1, 1998.
``(2) The amendment made by subsection (d) shall
take effect on July 1, 2000.''.
SEC. 909. SIMPLIFIED FUEL TAX REFUND PROCEDURES.
(a) In General.--Subparagraph (A) of section 6427(i)(2) is
amended to read as follows:
``(A) In general.--If, at the close of any
quarter of the taxable year of any person, at
least $750 is payable in the aggregate under
subsections (a), (b), (d), (h), (l), and (q) of
this section and section 6421 to such person
with respect to fuel used during--
``(i) such quarter, or
``(ii) any prior quarter (for which
no other claim has been filed) during
such taxable year,
a claim may be filed under this section with
respect to such fuel.''.
(b) Conforming Amendments.--
(1) Subsection (i) of section 6427 is amended by
striking paragraph (4) and by redesignating paragraph
(5) as paragraph (4).
(2) Paragraph (2) of section 6427(k) is amended to
read as follows:
``(2) Exception.--Paragraph (1) shall not apply to
a payment of a claim filed under paragraph (2), (3), or
(4) of subsection (i).''.
(3) Paragraph (2) of section 6421(d) is amended to
read as follows:
``(2) Exception.--
``For payments per quarter based on aggregate amounts payable
under this section and section 6427, see section 6427(i)(2).''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1998.
SEC. 910. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN LIEU OF
NONTAXABLE QUALIFIED TRANSPORTATION FRINGE
BENEFITS.
(a) No Constructive Receipt.--
(1) In general.--Paragraph (4) of section 132(f)
(relating to qualified transportation fringe) is
amended to read as follows:
``(4) No constructive receipt.--No amount shall be
included in the gross income of an employee solely
because the employee may choose between any qualified
transportation fringe and compensation which would
otherwise be includible in gross income of such
employee.''.
(2) Effective date.--The amendment made by this
subsection shall apply to taxable years beginning after
December 31, 1997.
(b) Inflation Adjustment Only After 1999.--
(1) In general.--Paragraph (6) of section 132(f)
(relating to qualified transportation fringe) is
amended to read as follows:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any
taxable year beginning in a calendar year after
1999, the dollar amounts contained in
subparagraphs (A) and (B) of paragraph (2)
shall be increased by an amount equal to--
``(i) such dollar amount,
multiplied by
``(ii) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, by
substituting `calendar year 1998' for
`calendar year 1992'.
``(B) Rounding.--If any increase determined
under subparagraph (A) is not a multiple of $5,
such increase shall be rounded to the next
lowest multiple of $5.''.
(2) Conforming amendments.--Section 132(f)(2) is
amended--
(A) by striking ``$60'' in subparagraph (A)
and inserting ``$65'', and
(B) by striking ``$155'' in subparagraph
(B) and inserting ``$175''.
(3) Effective date.--The amendments made by this
subsection shall apply to taxable years beginning after
December 31, 1998.
(c) Increase in Maximum Exclusion for Employer-Provided
Transit Passes.--
(1) In general.--Subparagraph (A) of section
132(f)(2) (relating to limitation on exclusion) is
amended by striking ``$65'' and inserting ``$100''.
(2) New base period for inflation adjustment.--
Subparagraph (A) of section 132(f)(6) is amended by
adding at the end the following flush sentence:
``In the case of any taxable year beginning in
a calendar year after 2002, clause (ii) shall
be applied by substituting `calendar year 2001'
for `calendar year 1998' for purposes of
adjusting the dollar amount contained in
paragraph (2)(A).''.
(3) Effective date.--The amendment made by this
subsection shall apply to taxable years beginning after
December 31, 2001.
SEC. 911. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.
(a) In General.--Section 9511 (relating to National
Recreational Trails Trust Fund) is repealed.
(b) Conforming Amendments.--
(1) Section 9503(c) is amended by striking
paragraph (6).
(2) Subparagraph (D) of section 9503(b)(4) is
amended to read as follows:
``(D) in the case of gasoline and special
motor fuels used as described in paragraph
(4)(D) or (5)(B) of subsection (c), section
4041 or 4081 with respect to so much of the
rate of tax as exceeds 11.5 cents per
gallon,''.
(3) The table of sections for subchapter A of
chapter 98 is amended by striking the item relating to
section 9511.
SEC. 912. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO LINE ITEM
VETO.
For purposes of part C of title X of the Congressional
Budget and Impoundment Control Act of 1974 (relating to line
item veto), the Joint Committee on Taxation has determined that
this title does not contain any limited tax benefit (as defined
in such part).
And the Senate agree to the same.
Pursuant to the order of the House on April 1,
1998, the Speaker appointed the following
conferees for consideration of the House bill
(except title XI) and the Senate amendment
(except title VI), and modifications committed
to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on
Commerce, for consideration of provisions in
the House bill and Senate amendment relating to
the Congestion Mitigation and Air Quality
Improvement Program; and sections 124, 125,
303, and 502 of the House bill; and sections
1407, 1601, 1602, 2103, 3106, 3301-3302, 4101-
4104, and 5004 of the Senate amendment and
modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is
appointed in lieu of Mr.
Bilirakis for
consideration of
sections 1407, 2103, and
3106 of the Senate
amendment.
Billy Tauzin,
As additional conferees from the Committee on
Ways and Means, for consideration of title XXI
of the House bill and title VI of the Senate
amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on
Ways and Means, for consideration of title XXI
of the House bill and title VI of the Senate
amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public
Works:
John H. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and
Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and
Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2400) to
authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes, submit
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
TITLE I--FEDERAL-AID HIGHWAYS
Short Title, Table of Contents
House bill
The title of the House bill is the ``Building Efficient
Surface Transportation And Equity Act of 1998,'' ``BESTEA.''
Section 1 of the House bill also includes a table of contents.
Senate amendment
The title of the Senate amendment is the ``Intermodal
Surface Transportation Efficiency Act of 1998,'' of ``ISTEA
II.'' Section 1 of the Senate amendment also includes a table
of contents for the bill.
Conference substitute
The Conference adopts a substitute provision. The title
of the bill is ``Transportation Equity Act for the 21st
Century'' or ``TEA 21.''
Definitions
House bill
The House bill includes definitions for two terms in the
free-standing provisions. The term ``Interstate System'' has
the meaning given the term by section 101 of title 23 of the
United States Code. The term ``Secretary'' is the Secretary of
Transportation.
Senate amendment
For the purpose of the free-standing provisions, the
Senate amendment defines the term ``Secretary'' as the
Secretary of Transportation.
Conference substitute
The conference adopts the House provision.
Savings Clause
House bill
The House bill provides that amendments made by this Act
shall not affect any apportionment or allocations of any funds
that occurred before the date of enactment of this Act unless
the bill specifically directs that the allocation or
apportionment be modified.
Senate amendment
The Senate amendment contains no provision similar to the
House savings clause.
Conference substitute
The Conference does not include the House provision.
Amendments to Title 23
House bill
Section 101 of the House bill directs that each amendment
in the bill, or repeal of a section or other provision of law,
is an amendment to title 23 of the United States Code unless
the bill states otherwise.
Senate amendment
The Senate amendment contains no provision comparable to
the House provision.
Conference substitute
The conference report adopts the House provision.
Short Title for Title I
House bill
The House bill contains no comparable provision.
Senate amendment
The Senate amendment includes a short title for the first
title of the bill covering highway programs. This title may be
cited as the ``Surface Transportation Act of 1998''.
Conference substitute
The conference report does not include the Senate
provision.
Division or Segmentation of Projects
House bill
The House bill authorizes a State carrying out a project
with Federal funds to divide or segment the project provided
that the division or segmentation complies with the
requirements of the National Environmental Policy Act of 1969.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision. This provision
clarifies that by listing high priority projects in subsection
127(c) of this Act and similar projects in previous
legislation, Congress is establishing the limits of the
projects for purposes of eligibility for associated Federal-aid
highway funding. The listing or identification of a project is
not intended to define the scope of the project for purposes of
complying with all Federal requirements, including those of the
National Environmental Policy Act (NEPA). As the associated
Federal-aid highway funding for these projects typically is not
sufficient to finance the Federal share of all improvements
within the project limits, Congress recognizes that a State
needs the flexibility to advance logical segments of the
overall project. Any segment of a project must still have to
connect logical termini, have independent utility, and not
restrict consideration of alternatives for other reasonably
foreseeable transportation improvements. This provision does
not waive safety or contracting requirements for the underlying
segment.
In the case of the South Lawrence Trafficway in Kansas,
the State may advance the segment between U.S. 59 and Kansas
Route 10 as a non-Federally funded project without triggering
NEPA.
Technical Amendment Metropolitan Planning Set Aside
House bill
Section 104(e) amends the metropolitan planning set aside
provision of section 104(f) of title 23, United States Code by
deleting the references to outdated funding programs and
providing that the set aside shall not be deducted from funds
for the Recreational Trails Program.
Senate amendment
Section 1112(b)(1) makes minor technical amendments to
the metropolitan planning set aside provision in section 104(f)
of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Audits of the Highway Trust Fund
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(e) amends section 104(i) of title 23, United
States Code to authorize the Secretary to use administrative
funds to reimburse the Office of Inspector General of the
Department of Transportation for annual audits of financial
statements in accordance with section 3521 of title 31, United
States Code.
Conference substitute
The Conference adopts the Senate provision.
Notice to the States
House bill
Section 104(d) makes technical corrections to section 104
of title 23, United States Code. It also directs the Secretary
to transmit to Congress within 21 days a written statement
setting forth the reason for not making an apportionment in a
timely manner. This section has been included in response to
the withholding of apportionments in fiscal year 1997. The
apportionments were held up for several months due to an error
in crediting receipts into the Highway Trust Fund. Ultimately,
a correction was made resulting in the redistribution of nearly
$1 billion in federal-aid highway funds. The withholding was
done administratively. This amendment would require a written
explanation of any withholding in the future.
Senate amendment
Section 1102(f)(1) makes technical corrections to section
104 of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Technical Amendments
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(f)(1) and (2) make technical corrections to
section 104 of title 23, United States Code.
Conference substitute
The Conference adopts the Senate provision.
Repeal of Section 150
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(g)(2) repeals section 150 of title 23,
United States Code. Section 150 provided for the allocation of
funds based on an outdated concept of urban systems.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Obligations in Urban Areas
House bill
Subsection 108(g) extends the current provision in
subsection 133(f) requiring the proportional obligation of
surface transportation program funds made available for urban
areas over the period from 1998 through 2003.
Senate amendment
Section 1104 continues current procedure in subsection
133(f) of title 23, United States Code regarding the sub-
allocation of surface transportation program (``STP'') funds to
urbanized areas. The purpose of this requirement is to ensure
that the obligation rate of the STP funds for urbanized areas
within a State is consistent with the larger obligation rate
for all Federal-aid highway apportionments within the State.
This section amends current law to require States to comply
with obligation rates over two equal three-year periods, as
opposed to the existing requirement of complying over a single
six-year period.
Conference substitute
The Conference adopts the Senate provision.
Emergency Relief
House bill
Section 117(a)(1) makes several technical corrections to
the Federal share payable section under the Emergency Relief
Program.
Senate amendment
Section 1105 restates the eligibility for highway and
bridge projects and the funding requirements for the emergency
relief (``ER'') program. ER funds can be used only for
emergency repairs done to restore essential highway traffic, to
minimize the extent of damage resulting from a natural disaster
or catastrophic failure, or to protect the remaining facility.
The Secretary is also authorized to borrow amounts necessary
from any program under title 23 for emergency relief work. Any
additional funds used shall be reimbursed with future ER
appropriations. The purpose of allowing the Secretary to borrow
funds from title 23 programs is to provide a ``cushion'' to
allow project work to continue if all ER program funds are
used. This section also amends current law, which limits the
availability of ER funds to two years, to make them available
until expended.
Conference substitute
The Conference adopts the Senate provision.
Access to Kennedy Center
House bill
Section 117(e) requires the Secretary, in cooperation
with the District of Columbia, the John F. Kennedy Center for
the Performing Arts, and the Department of the Interior, and in
consultation withother interested persons, to conduct a study
of methods to improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts. The bill authorizes $500,000 to
be taken out of the Highway Trust fund for the study.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Smithsonian Transportation Program
House bill
Section 117(f) provides assistance to the Smithsonian
Institute for transportation-related activities, including
exhibitions and educational outreach programs, the acquisition
of transportation-related artifacts, and transportation-related
research programs. The bill authorizes $5 million annually for
this assistance.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
reduction in the annual authorization to $1 million.
Recreational Trails
House bill
Section 114 codifies the Recreational Trails Program
authorized in ISTEA as Section 205 of Title 23. The program
distributes to States a portion of gas tax revenues
attributable to non-highway use for trail projects. The
Secretary is required to administer this program for the
purpose of providing and maintaining recreational trails. The
Federal share for the program is 50 percent of cost. Certain
other Federal programs can be used as matching funds. Eligible
costs include educational programs, the development,
construction and rehabilitation of trails, and the acquisition
of easements. The existing ISTEA provision relating to
recreational trails is repealed. The Secretary is to encourage
the use of youth conservation or service corps in completing
appropriate trails projects.
The 30 percent figures under the Assured Access to Funds
requirement and the 40 percent figure under the Diversified
Trail Use requirement are minimum requirements that could be
exceeded. States should not treat their projects as if they
were meeting three mutually exclusive categories. There can be
overlap between the Diversified Trail use requirement and the
Assured Access requirements. There should be diversified
motorized use projects, diversified non-motorized use projects,
and projects that benefit both motorized and non-motorized use
simultaneously.
Senate amendment
Section 1107 continues the existing Recreational Trails
Program. Under this provision, the Recreational Trails Program
is to be funded through contract authority from the Highway
Trust Fund. The annual contract authority is as follows:
$17,000,000 for fiscal year 1998; $20,000,000 for fiscal year
1999; $22,000,000 for fiscal year 2000; $23,000,000 for fiscal
year 2001; $24,000,000 for fiscal year 2002; and $25,000,000
for fiscal year 2003. The provision of current law relating to
the National Recreational Trails funding is repealed.
The Federal share payable for projects under the
Recreational Trails Program is increased from 50 percent to 80
percent. In addition to the Department of Transportation, other
Federal agencies may contribute additional funds for a
Recreational Trails project. However, the Department of
Transportation share for any individual project may not exceed
80 percent; the combined share of all Federal agencies may not
exceed 95 percent. The Federal share for this program is
consistent with the Federal share available for other Federal-
aid projects.
This section retains the current requirement regarding
the States' use of annual apportionments: at least 30 percent
of Federal funds must be used to facilitate non-motorized
recreation; another 30 percent of the funds must be used for
motorized recreational purposes. A State must use the remaining
amount of funds for diverse recreational purposes, including
both motorized and nonmotorized recreational trail use.
Experience with implementing Recreational Trail projects in the
past has shown that project sponsors for nonmotorized trail
projects were significantly disadvantaged in meeting the higher
non-Federal matching requirements.
To the extent practicable and consistent with other
requirements, States are to give consideration to projects that
benefit the natural environment or mitigate and minimize
impacts to the environment.
The amount that the Secretary may deduct to pay the costs
for administration of the program is reduced from three percent
to one percent.
Conference substitute
The Conference substitute adopts the Senate language with
several modifications. The substitute clarifies that a State
may use funds appropriated under this section for construction
of new trails only if the construction is permissible under
some other law or is otherwise required by a statewide
comprehensive outdoor recreational plan in effect required by
the Land and Water Conservation Found Act. It places a cap on
the amount that a state can expend on educational programs to
promote safety and environmental protection at 5% of annual
apportionments.
The substitute provision also modifies existing law to
exclude all small states with a total land area of less than
3,500,000 acres from the requirement to expend annual
apportionments for trails and trails related projects in a
ratio of 40% diverse use, 30% motorized use and 30%
nonmotorized use. The substitute further provides that a State
trail advisory committee may waive the trails diversity
requirement if the State notifies the Secretary that the State
does not have sufficient projects to meet the diversity
requirements.
It adds a new section which allows States to make grants
under section 104(h) to private organizations, municipal,
county, state and Federal governmental entities after
considering guidance from the recreational advisory committee
for uses consistent with this section.
Termination of Recreational Trails Advisory Committee
House bill
Subsection 114(d) terminates the Recreational Trail
Advisory Committee by the end of fiscal year 2000.
Senate amendment
Section 1208(c) terminates the National Recreational
Trails Advisory Committee as soon as is practicable. The
Advisory Committee was established in ISTEA and tasked to (1)
review the allocation and utilization of moneys under the
Recreational Trails program; (2) establish review criteria for
trail-side and trail-head facilities; and (3) recommend changes
in Federal policy to advance the purposes of the program. The
Advisory Committee has completed these tasks and is no longer
necessary. This provision does not affect the State advisory
committees that are responsible for implementing the
Recreational Trails Program.
Conference substitute
The Conference adopts the House provision.
Encouragement of Youth Conservation Corps
House bill
Subsection 114(c) encourages the use of qualified youth
conservation or service corps to construct and maintain
recreational trail projects.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Value Pricing Pilot Program
House bill
Section 119 establishes a variable pricing pilot program.
The Secretary may enter into cooperative agreements with up to
15 States to conduct and monitor the pilot projects. The
Federal share for a pilot program is 80 percent of the total
cost of the program, although the Federal share for any portion
of a project may be up to 100 percent. The provision authorizes
full Federal participation in the start-up, development, and
pre-implementation costs associated with a pilot program for up
to three years.
Single occupancy vehicles that are part of a pilot
program may operate in high occupancy vehicle (HOV) lanes.
Pilot programs must include an analysis of how the
program affects low income drivers.
Senate amendment
Section 1108 renames the congestion pricing pilot program
as the value pricing pilot programand codifies the program in
title 23, United States Code.
A number of States and local governments have used funds
provided under ISTEA to complete feasibility studies and
implementation of value pricing projects. This section provides
funding and additional flexibility to allow States to continue
to implement these projects. In addition, it expands the
program, increasing the number of pilot programs eligible for
funding from five to 15, and lifting the restriction that only
three projects can be conducted on the Interstate System. Funds
available under this section may be used for all pre-
implementation and design costs to give States more flexibility
to study options for different types of value pricing projects.
This section also includes an exemption from the HOV
requirement of Section 102(b) of title 23 to permit single
occupancy vehicles to operate in HOV lanes if the vehicles are
part of a value pricing program.
It is expected that each value pricing project will
include a thorough evaluation of the project's effects,
including its impacts on congestion, air quality, transit use,
and other social and economic effects.
Conference substitute
The Conference adopts the Senate provision with two
modifications. First, it prohibits federal funding of pre-
implementation, development and startup costs after three years
as provided in the House bill. Second, it requires each pilot
program to include, where appropriate, an analysis of the
impact of the program on low income drivers.
Highway Use Tax Evasion Projects
House bill
Section 122 amends section 1040 to specify that all funds
provided for this program are contract authority. It requires
funding provided under this section to be used to create an
automated fuel reporting system to improve the tracking of
motor fuels subject to Federal and state excuse taxes.
Senate amendment
Section 1109 eliminates two obsolete tax evasion study
requirements in current law. It eliminates the annual report on
motor fuel tax enforcement activities and the report on the
feasibility and desirability of using dye and markers to aid in
motor fuel tax enforcement activities.
This section codifies and expands the successful tax
evasion program in section 1040 of ISTEA. It provides $5
million in contract authority for each of fiscal years 1998
through 2003 to continue joint FHWA-IRS-State motor fuel tax
compliance projects across the Nation, as established in
section 1040 of ISTEA. All costs of tax evasion projects are to
be paid by the Federal Government.
This section also authorizes an additional $8 million for
the Secretary to complete the development of an excise fuel
reporting system, as well as $2 million annually for the
operation and maintenance of the system. This system will
provide essential information regarding data on import and
refinery production of motor fuel to compare with terminal fuel
receipts and fuel deliveries. This new program, along with the
continuing program, is necessary to help ensure that the
successful, coordinated regional and national approach to
combat fuel tax fraud can continue and improve.
Conference substitute
The Conference adopts the Senate provision with one
modification. The substitute expressly provides the excise fuel
reporting system with contract authority.
Bicycle Transportation and Pedestrian Walkways
House bill
Section 137 amends section 217 of title 23 to make a
number of clarifying changes and to require that bicyclists and
pedestrians be included in the planning process and to allow
electric bicycles on trails when State or local regulations
permit. The provision clarifies the requirements under section
109(n) of title 23 related to the impact on non-motorized
transportation of a Federal-aid highway project. It also
requires that bicycle safety be taken into account when States
undertake rail-highway crossing projects under section 130 of
the title 23. Such safety devices shall include installation
and maintenance of audible traffic signal and audible signs.
Senate amendment
Section 1110 builds on ISTEA by expanding the amount of
funds available to be used to encourage bicycling and walking
as alternative modes of transportation. This provision amends
section 217 of title 23, United States Code, to include the
construction of pedestrian walkways as an eligible use of a
State's National Highway System (NHS) apportionments under the
same criteria by which bicycle transportation facilities
currently are eligible. This section eliminates the restriction
on the use of NHS funds for the construction of bicycle
transportation facilities on land adjacent to the Interstate
System and amends current law to allow the safe accommodation
of bicycles on highway bridges located on fully access-
controlled highways, if the bridge is being replaced or
rehabilitated with Federal funds. The Department is encouraged
to work with the States to ensure that bicycling and pedestrian
interests are represented in State and MPO decisionmaking.
The planning provisions in sections 134 and 135 of title
23 are amended to provide that bicyclists and pedestrians shall
be given consideration in the comprehensive Statewide and
metropolitan planning processes, and that the inclusion of
bicycle and pedestrian facilities shall be considered, where
appropriate and permitted, in conjunction with all new
construction and reconstruction of transportation facilities.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute clarifies that safety devices
such as installation of audible traffic signals and audible
signs shall be considered where appropriate. It also retains
current law section 217(i) which clarifies that eligible
bicycle projects must be principally for transportation, rather
than recreation, purposes.
Highway and Street Design Standards
House bill
Subsection 137(d) requires a study of highway and street
design standards to accommodate bicycles.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference does not include a study requirement.
Design Guidance
House bill
Subsection 137(f) requires the Department of
Transportation, in cooperation with the American Association of
State Highway and Transportation Officials (AASHTO), the
Institute of Transportation Engineers, and other interested
organizations, to issue within one year design guidance to
accommodate bicycle and pedestrian travel.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision with two
modifications. First, the substitute clarifies that the
guidance must include recommendations to amend and update
AASHTO policies relating to highway and street design
standards. Second, it extends the deadline for the issuance of
the guidance to 18 months.
Disadvantaged Business Enterprises
House bill
Subsection 102(b) continues the Disadvantaged Business
Enterprise provisions. It also allows an entity or person that
is prevented under Federal court order from complying with the
DBE provision to continue to be eligible to receive Federal
funds. The Comptroller General is required to conduct a study
of the DBE program within three years of enacted of this act.
Recent court decisions have established new standards for
review of the constitutionality of programs such as the DBE
provisions enacted in prior surface transportation acts and
that the courts are now determining whether the DBE programs
comply with those standards. The Department of Transportation
is reviewing the DBE program in light of recent court rulings
and has proposed new regulations to ensure that the program
withstands constitutional muster. Section 102(b) of the
reported bill makes no changes to these provisions preferring
to let the courts resolve these issues. However, the Committee
will continue to monitor DOT's administration of this program
and gage the impact of court decisions on these provisions.
This provision is intended to ensure that grant
recipients under this Act will continue to be eligible to
continue to receive federal funds even if a federal court has
entered a final order finding the DBE program to be
unconstitutional.
The possibility of legal challenges that may affect a
limited number of States or transit agencies. This provision is
intended to ensure that any affected recipients will not be
unfairly penalized for complying with a final order of a
Federal court finding the DBE program to be unconstitutional.
Senate amendment
Section 1111 continues the provisions in current law
regarding the disadvantaged businessesenterprise (DBE) program.
The DBE program, which originated in the Surface Transportation
Assistance Act of 1982, requires that 10 percent of the funds provided
under title I of this Act be expended with small business concerns
owned and controlled by socially and economically disadvantaged
individuals, except to the extent that the Secretary of Transportation
determines otherwise.
In 1995, the Supreme Court decided Adarand v Pena, which
heightened the standard of judicial review applicable to
Federal affirmative action programs. The case involved a
Caucasian subcontractor who submitted a low bid on a Federal
lands highway construction contract, but lost to a company that
was certified as ``disadvantaged.'' Adarand filed suit,
alleging that he was denied the equal protection guaranteed by
the Fifth amendment. The Court agreed in a 5-4 decision that
Federal race classifications, such as the DBE program, must be
subject to strict scrutiny. In other words, the program must:
(1) serve a compelling government interest, and (2) be narrowly
tailored to address that compelling interest, which in this
case is fighting discrimination.
It is important to note that the Supreme Court did not
strike down the DBE program or any other Federal affirmative
action program. That means that if the program in question
meets the new test outlined by the Court, it is Constitutional
and may continue to exist. In the case of the DBE program, the
Department of Transportation has determined that the
Constitutional concerns can be addressed through changes in the
Department's regulations. To that end, the Department has
proposed a number of regulations intended to address the
``narrow tailoring'' requirements of ``strict scrutiny'' by (1)
giving priority to race-neutral measures in meeting program
goals, and (2) limiting the potential adverse effects of the
program on other parties.
Conference substitute
The Conference adopts the Senate provision.
Federal Share Payable
House bill
Section 134(c) technically changes to the Federal share
on certain projects from a strict percentage to a limitation.
This will allow for an increased non-Federal share at a State's
option. It does not allow the Secretary to impose a lower
match.
Senate amendment
Section 1112(a) amends section 120 of title 23, United
States Code, to allow a State, if it chooses, to reduce the
Federal share of a Federal-aid highway project. This change
will give States the flexibility to carry out more projects
than would be possible with a straight 20 percent non-Federal
share. Nothing in this section is intended to require a State
to lower the Federal share payable on any project funded under
this title.
Conference substitute
The Conference adopts the Senate provision.
Increased Federal Share for Transit Vehicles
House bill
Subsection 120(a) amends section 120 of title 23 to
provide that the Federal share of priority control systems for
transit vehicles may be up to 100 percent.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Credit for Non-Federal Share
House bill
Subsection 120(b) allows States to apply toll revenues
used for specified capital improvements to their non-Federal
share requirement for title 23 projects and for chapter 53 of
title 49. To receive this credit, a State must maintain its
average non-Federal transportation capital expenditure for the
preceding three fiscal years.
Senate amendment
Section 1112(a)(2) codifies a provision established in
ISTEA which allows States to apply toll revenues used for
specified capital improvements to their non-Federal share
requirement for title 23 projects. To receive this credit, a
State must meet a maintenance of effort test, and therefore,
must maintain its average non-Federal transportation capital
expenditure for the preceding three fiscal years. The provision
allows a State to drop a ``high year'' from the three year
maintenance of effort test, if that year is at least 30 percent
greater than the average for the two other preceding years.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute language includes the exception
clause for the maintenance of effort test provided for in the
Senate language. In addition, the substitute language clarifies
that payments on transportation-related bonds are considered a
``transportation expenditure''.
Toll Road Credits
House bill
Subsection 133(e) clarifies that private entity
expenditures for construction of specific toll roads in
Southern California may be credited to the State's non-Federal
share.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute amends section 120 of title 23
and provides that private entity expenditures used to construct
toll roads open to traffic may be used toward the matching
share in all States.
Interstate Reconstruction Pilot Program
House bill
Subsection 120(c) creates an Interstate System
Reconstruction and Rehabilitation Pilot Program. This program
allows up to three facilities to be tolled, provided the toll
revenues are used to improve that facility. Any State wishing
to participate in the pilot program must enter into an
agreement with the Secretary to ensure that no toll revenues
are diverted to another facility or purpose. The provision
specifies eligibility and selection criteria.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The conference adopted the House provision to allow a
State to toll segments of the Interstate system. The provision
allows up to three states to participate provided that revenues
generated from the tolls will be used to reconstruct, improve
or maintain the facility. The conferees understand that certain
segments of the Interstate require substantial maintenance and
rehabilitation funding above available resources, such as
Interstate 80 in Pennsylvania.
Technical Amendment--Federal Share Payable
House bill
Paragraph 104(e)(2) provides a technical conforming
amendment to section 120.
Senate amendment
Paragraph 1112(b)(1) provides a technical amendment to 23
U.S.C. 120 concerning the Federal share payable for title 23
projects to conform subsections 120(a) and (b) to subsection
120(i), which allows the State to determine a lower Federal
share.
Conference substitute
The Conference adopts the House provision.
Technical Amendment--Federal Share Payable
House bill
The House bill contains no comparable provision.
Senate amendment
Paragraph 1112(b)(2) provides a technical amendment to 23
U.S.C. 120 to conform this subsection to 23 U.S.C. 121,
relating to payments made to States for the cost of
construction.
Conference substitute
The Conference adopts the Senate provision.
Study: Highway Economic Requirement
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(a) requires the General Accounting Office
(GAO) to report to Congress on the Department's methodology for
determining highway needs using the Highway Economic
Requirement System (HERS), a computer program developed to use
economic criteria and engineering criteria in estimating
highway investment requirements. The GAO is required to provide
Congress with an assessment of the extent to which the model is
useful in estimating an optimal level of highway infrastructure
investment three years after this Act is enacted.
Conference substitute
The Conference adopts the Senate provision.
Study: International Roughness Index
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(b) requires the Comptroller General to
submit a report to the Congress on the International Roughness
Index (IRI), an index that is being used to measure the
pavement quality of the Federal-aid highway system. The IRI is
a data input used in the HERS model. Concerns have been raised
as to the reliability of the IRI measurement across different
manufacturers and types of pavements and this study shall
indicate the extent to which the IRI measurement is reliable.
Conference substitute
The Conference adopts the Senate provision.
Report: Rates of Obligation
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(c) requires the Secretary to report
annually on the rates of obligation of funds apportioned under
Federal-aid highway programs. The report shall include
information regarding funding category or subcategory, type of
improvement, and substrate geographic area.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that the report shall include all final
apportioned programs.
109 Study: Procurement Practices
House bill
Subsection 139(b) requires the GAO to evaluate
procurement practices and project delivery. The study shall
access the impact a utility company's failure to relocate in a
timely manner has on the delivery and cost of Federal-aid
highway and bridge projects.
Senate amendment
Subsection 1113(d) requires the General Accounting Office
(GAO) to conduct a study on Federal-aid highway procurement
practices and project delivery. The study shall access the
impact that a utility company's failure to relocate in a timely
manner has on the delivery and cost of Federal-aid highway and
bridge projects.
Conference substitute
The Conference adopts the House provision.
Definitions
House bill
Section 143 organizes the definitions for title 23
alphabetically.
Senate amendment
Section 1114 provides definitions for the terms
``Federal-aid highway funds'' and ``Federal-aid highway
program.'' These phrases are used throughout title 23, but are
not defined in current law. The addition of these clarifying
definitions is not intended to change the implementation of any
section under current law. The section reorganizes the
Definitions for title 23 alphabetically.
Conference substitute
Unresolved.
Definitions: Enhancements
House bill
Section 143 amends the definition of a transportation
enhancement activity. It specifies that a transportation
enhancement activity must have a direct link to surface
transportation. It also expands the definition to allow the
removal of graffiti and litter among the list of eligible
activities, as well as environmental mitigation to reduce
vehicle-caused wildlife mortality while maintaining habitat
connectivity. In addition, it adds construction of tourist and
welcome centers as an eligible activity.
Senate amendment
Subsection 1223(d) amends subsection 101(a) by providing
that tourist and welcome center facilities associated with
scenic or historic highway programs are eligible for funding
under the enhancement program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute requires that transportation
enhancement activities have a relationship, rather than a
direct link, to surface transportation. It does not include
graffiti and litter removal as eligible activities. It retains
the Senate provision regarding eligibility of tourist and
welcome centers. In order to be eligible under the enhancement
program, the tourist or welcome center (whether a new facility
or existing facility) does not have to be on a designated
scenic or historic byway, but there must be a clear link to
scenic or historical sites. It adds transportation-related
museums as an eligible activity.
Definitions: Operational Improvement
House bill
Subsection 143 of the House bill provides technical
amendments to, but does not change the definition of
operational improvement from current law.
Senate amendment
This section revises the definition of ``operational
improvement'' in section 101(a) of title 23, United States
Code, to include the installation, operation, or maintenance of
certain Intelligent Transportation Systems infrastructure
projects. The installation, operation or maintenance of
communications systems, roadway weather information and
prediction systems, and other improvements designated by the
Secretary that enhance roadway safety during adverse weather
are also incorporated into the revised definition.
Conference substitute
The Conference adopts the House provision.
Hazard Elimination
House bill
Subsection 143 of the House bill provides technical
amendment to, but does not change this definition from current
law.
Senate amendment
Subparagraph 1404(b)(1)(A) amends the definition of
``highway safety improvement project'' by deleting the
reference to ``highway''.
Conference substitute
The Conference adopts the House provision with a
modification. The reference to ``highway'' is deleted. In
carrying out this provision, States should minimize any
negative impact on safety and access for bicyclists and
pedestrians in accordance with Section 217 of title 23, U.S.C.
Project Approval and Oversight
House bill
Section 143 amends section 101 of title 23 by providing a
definition for ``project agreement.'' It is defined as the
formal instrument required under the project agreement
provision in title 23.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification. It provides a conforming amendment to recognize
that section 110 regarding project agreements is repealed and
the portion of the provision relating to project agreements is
moved to section 106.
Cooperative Federal Lands Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1115 establishes a new section 207 in chapter 2
of title 23, United States Code, which provides a funding
source for public roads or bridges owned by States or their
political subdivisions that cross, are adjacent to, or provide
access to, Federal lands and Indian reservations (including
reservoirs owned by the Army Corps of Engineers). The purpose
of this program is to supplement the efforts of the Federal
government in developing and maintaining roads or bridges that
serve federally owned land and Indian reservations (including
reservoirs owned by the Army Corps of Engineers).
The Cooperative Federal Lands Transportation Program
ensures that funding will be provided for projects in States
where greater than 4.5 percent of the land within the state
borders is held in trust or owned by the Federal government.
Funds are provided directly to these States for projects that
provide access to Federal lands and Indian reservations. This
section provides $74 million in contract authority per year
from the Highway Trust Fund.
Conference substitute
The Conference does not adopt the Senate provision, but
transfers the $74 million in contract authority to the Federal
Lands Highway Program.
Bridge Set Aside for New Jersey
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $20 million each
fiscal year from the I-4R program and allocate it to any State
that: (1) receives less in the bridge apportionment factors
used in the Interstate and National Highway System program and
the Surface Transportation Program compared with the funds a
State received under the bridge program in 1997; and (2) was
apportioned at least $125 million in 1997. These funds shall be
available for highway bridge projects.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through 1997
to other Federal-aid transportation projects are not eligible
for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Missouri
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $15 million each
fiscal year from the I-4R program and allocate it to any State
whose bridges have an average life of at least 46 years as of
the date of enactment of this Act.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through 1997
to other Federal-aid transportation projects are not eligible
for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Arkansas
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to allocate $10 million to
States that meet specific per capita personal income and
Federal-aid Highway apportionment criteria from the I-4R
program.
Conference substitute
The Conference does not adopt the Senate provision.
National Highway System Components
House bill
Subsection 106(c) modifies the National Highway System to
include intermodal connectors on the map submitted to Congress
by the Secretary on May 24, 1996.
Senate amendment
Section 1121 establishes the National Highway System
(NHS) as those routes and transportation facilities depicted on
maps submitted by the Secretary with the report ``Pulling
Together: The National Highway System and its Connections to
Major Terminals.''
Conference substitute
The Conference adopts the Senate provision with minor
technical clarifications.
Study: Intermodal Freight Connectors
House bill
Subsection 106(h) directs the Secretary to report to
Congress not later than 24 months after the date of enactment
of this Act on the condition of and the improvements made to
connectors on the National Highway System that serve intermodal
freight transportation facilities.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that the purpose of the report is to
identify impediments to improving intermodal connectors
including impediments related to the planning process,
availability of funding, and other issues identified by the
Secretary.
National Highway System Sign Competition
House bill
Subsection 106(h) directs the Secretary to conduct a
national competition among children under the age of 14 to
design a logo sign for the National Highway System.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Safety Belt Extension, NH
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1124 modifies section 355 of the National Highway
System Designation Act of 1995 to permit New Hampshire to meet
the safety belt use law required under section 153 of title 49,
United States Code, through a performance requirement. Through
the end of fiscal year 2000, New Hampshire is deemed to have
met the safety belt use requirements of section 153 upon
certification by the Secretary that the State has achieved: (1)
a safety belt use rate in each of fiscal years 1997 through
2000 of not less than 50 percent; and (2) a safety belt use
rate in each succeeding fiscal year thereafter of not less than
the national average safety belt use rate.
Conference substitute
The Conference adopts the Senate provision with a minor
technical amendment.
Study: Uniformed Police Officers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1126 requires the Secretary of Transportation to
conduct a study on the extent and effectiveness of the use by
various States of uniformed police officers on Federal-aid
highway construction projects. Some States use police officers
extensively on their highway construction projects, while other
States are virtually no police officers for work zone traffic
control. Work zone safety has been a high priority issue for
the Federal Highway Administration (FHWA), traffic engineering
professionals, and highway agencies. This section requires the
Department of Transportation to submit a report to Congress on
the results of the study not later than 2 years after the
effective date of this section.
Conference substitute
The Conference adopts the Senate provision with a
modification to require that the study be conducted in
consultation with law enforcement organizations.
Contracting for Engineering and Design Services
House bill
Section 140 amends section 112 of title 23 clarifies that
quality based selection process requirements for design and
engineering services and other contracting procedures will
apply unless a State has in the past adopted alternative
procedures to increase competition. Requirements must be met
for any phase of a project funded in whole or in part with
Federal funds.
Senate amendment
This provision amends section 112(b)(2) of title 23 of
the United States Code to promote competition and provide the
greatest value for Federal aid system projects. It clarifies
that the time period for states to have legislatively enacted
alternative requirements to Qualifications Based Selection
(QBS) Procedures for obtaining engineering and design services
has ended. Additionally, it requires that the Federal
Acquisition Regulations (FAR) be used for consistent and
equitable contract administration, accounting, and audits while
providing for the use of FAR QBS simplified acquisition
procedures for contracts under $100,000. Finally, clarification
is provided that requires the Secretary to establish a
certification procedure to ensure that any legislation enacted
by a State since November 28, 1995 to exercise its option
complies with the time frames and substantive criteria
contained in Section 307 of PL 104-59.
Conference substitute
The Conference adopts a substitute provision.
Ambassador Bridge, Michigan
House Bill
Subsection 133(a) makes the facilities necessary to
connect the Ambassador Bridge in Detroit, Michigan to the
Interstate System eligible to receive funds apportioned under
the National Highway System and the Surface Transportation
program.
Senate amendment
Section 1129 provides eligibility for the Ambassador
Bridge in Detroit, Michigan under the surface transportation
program and the National Highway System program.
Conference substitute
The Conference adopts the Senate provision.
Cuyahoga River Bridge
House bill
Subsection 113(b) makes the Cuyahoga River in Ohio
eligible to receive funds apportioned under the congestion
mitigation and air quality improvement program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House bill with a modification.
The bridge is eligible to receive funds from the surface
transportation program.
National Defense Highway
House bill
Section 131 authorizes an amount not to exceed $16
million per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States that
is important to national defense.
Senate amendment
Section 1131 authorizes an amount not to exceed $16
million per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States that
is important to national defense.
Conference substitute
The Conference adopts the provision.
High Risk Road Safety Improvement Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 110 creates a new program within the Federal-aid
highway program to fund construction and operational projects
that improve the safety of high risk roads. States are to
allocate funds under this program to those projects that have
the highest benefit. Up to fifty percent of funds under this
program can be transferred to other Federal-aid highway
programs.
Conference substitute
The Conference does not adopt the House provision.
Road Safety Awareness and Improvement Program
House bill
Subsection 110(c) authorizes a roadway safety awareness
and improvement program funded from the high risk road safety
program. The activities of the program should be carried out
cooperatively between the Department of Transportation, States,
and other safety organizations.
Senate amendment
The Senate bill contains no comparable provision.
Conference Substitute
The Conference does not adopt the House provision.
High Cost Interstate Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 113 establishes a new program to fund major
reconstruction or improvement projects on the Interstate
system. In order to be eligible, a project must cost over $200
million or cost more than 50% of a State's Federal-aid highway
apportionments; it must be ready to go to construction; the
State must agree to not transfer funds apportioned under the
Interstate Maintenance Program; and the funds must be obligated
within one year. Two thirds of the funds are allocated to the
States in the ratio that each State's cost of eligible projects
bear to the total national cost of eligible projects. For the
years 1998 through 2003, however, those funds are to be
distributed based on the Interstate Maintenance Program
formula. The remainder of the funds are allocated on a
discretionary basis. If funds cannot be used in any given
fiscal year, the extra funds are apportioned to all States as
Interstate Maintenance funds. Projects must be included within
the planning process. The Secretary of Transportation is
required to report on the expected future need to reconstruct
the Interstate System and to recommend methods for apportioning
the funds.
Conference substitute
The Conference does not adopt the House provision.
Infrastructure Awareness Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 132(a) authorizes the Secretary to fund the
production of a documentary about infrastructure to promote
infrastructure awareness. A total of $1 million in contract
authority is authorized for each of the fiscal years 1998
through 2000 from the Highway Trust Fund, other than the Mass
Transit Account.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute states that a total of 40 percent
of the total project of $4.8 million will be provided from the
Highway Trust Fund and the remaining 60 percent is required to
be provided by the private sector. Credit is given for funds
received to date. The substitute provides a total of $1 million
for each of the fiscal years 1998 and 1999, and $.88 million in
2000 from the Highway Trust Fund, other than the Mass Transit
Account.
New York Avenue Authority, DC
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 142 establishes a New York Avenue Authority to
develop an improvement plan for the New York Avenue Corridor in
the District of Columbia. The authority is eligible to receive
funding under the National Corridor Planning and Development
program.
Conference substitute
The Conference does not adopt the House provision.
Administrative Takedown
Senate bill
Section 1201 reduces that administrative subsection
104(a) of title 23, United States Code, which requires the
Secretary to deduct funds from certain Federal-aid highway
apportionments from the current 3\3/4\ percent to an amount not
to exceed 1\1/2\ percent administer the Federal-aid highway
program. The reduction reflects that this Act provides non-
administrative items, such as research and intelligent
transportation system activities that were formerly funded from
the takedown with separate funding elsewhere. This modification
in the administrative takedown will provide a clear distinction
between the Department's administrative expenses and its
research activities and other expenses.
House bill
Subsection 104(a) allows the Secretary to deduct from
sums authorized to be apportioned for expenditures on the
Federal-aid highway program for Administrative expenses a sum
not to exceed 1 percent of all sums so apportioned for the
Federal-aid highway program.
Conference substitute
The Conference adopts the Senate bill.
Real Property Acquisition
Senate bill
Section 1202 amends sections 108 and 323 of title 23,
United States Code, to expand the flexibility provided to State
and local governments to compete for land resources. It
provides for the advanced acquisition of real property not only
for highway projects, but for all transportation improvements
under title 23. This section removes restrictive language and
outdated programs, revises language, and adds opportunities for
State and local governments to utilize early property
acquisition when necessary, while retaining maximum flexibility
to leverage the use of Federal funds.
The provision provides an alternative means of leveraging
Federal funds apportioned to each State by providing a credit
based on the value of publicly-owned lands incorporated within
a federally-funded project. This provision is consistent with
the credits already permitted for donated real property and
services. The provisions added by this section expand the
choices available to State and local governments in fashioning
financial strategies to best serve their transportation
objectives.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that costs of services are not eligible
as a credit for non-federal share.
Payments to States for Construction
Senate bill
Section 1204 amends section 121 of title 23, United
States Code to remove a restriction that applies the Federal/
non-Federal matching share requirement to each payment a State
receives. The revised section 121 makes the requirement
applicable to total project costs rather than to individual
voucher payments. The increased flexibility provided by these
changes will result in a simplified program that is easier for
State departments of transportation to administer. The changes
recognize that the important restriction is that the total
project meets the Federal share requirement. The changes also
make the Federal-aid highway program more compatible with other
Federal programs, particularly the Federal mass transportation
program, where projects are often administered jointly by FHWA
and Federal Transit Administration.
House bill
Subsection 134(d) amends title 23 to remove a restriction
which applies the Federal/non-Federal matching rate to each
payment that a State receives. This amendment will make the
Federal-aid highway more like other Federal programs, including
the Transit program, hence giving the States greater
flexibility in managing their funds.
Conference substitute
The Conference adopts the House provision with a
modification. This provision is retained as separate section as
in the Senate bill.
Proceeds from the Sale or Lease of Real Property
Senate bill
Current section 156 of title 23, United States Code,
requires States to charge fair market value for the use of
airspace acquired in connection with a federally funded
project. Section 1205 expands the requirement in section 156 to
apply to the net income generated by a State's lease, sale, or
other use of all real property acquired with Federal financial
assistance. The revised section applies the same standard to
all real property interests acquired with Federal-aid highway
funds. As in current law, the Secretary may grant exceptions
for social, environmental, or economic purposes.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with the
inclusion of clarifying report language. The purpose of this
exception retained in this provision is to give the States
(with the Secretary's approval) the flexibility to charge less
than fair market value for lands bought with Highway Trust Fund
dollars if the lands, once sold or leased, would be used for
some purpose of public benefit that would outweigh the general
desire to receive fair market value for the property, such as
if the lands would be used as parkland or as a recreation area.
Metric Conversion at the State Option
Senate bill
Section 1206 amends section 205 of the National Highway
System Designation Act of 1995 which states that the Secretary
shall not require States to use or plan to use the metric
system before September 30, 2000. This provision allows States
to choose when and if to implement the metric system with
respect to designing, advertising, or preparing plans,
specifications, timetables, or other documents, for a Federal-
aid highway project. This section does not require any State to
modify its current use of the metric system for Federal-aid
highway projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Report on Obligations
Senate bill
Section 1207 amends section 104 of title 23, United
States Code, to require the Secretary to submit to Congress an
annual, rather than monthly, report on States' obligations for
Federal-aid highways, highway safety construction programs, and
unobligated balances.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Right-of-Way Revolving Fund
Senate bill
Subsection 1208(a) terminates the right-of-way revolving
fund. The right-of-way revolving fund is revised in section
108(c) of title 23, to provide an expiration and closeout
period for obligations already authorized from the fund. This
program was terminated as a revolving loan fund because of the
new rules required of all credit programs in the Credit Reform
Act of 1990. Credits based on conversion or reimbursements are
to be applied to the Highway Trust Fund rather than to the
revolving fund. Twenty-three States currently have active
right-of-way revolving fund projects. This section provides for
a 20-year close out period from the date that right-of-way
funds were advanced to give these States sufficient time to
complete these unfinished projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Pilot Toll Collection Program
Senate bill
Subsection 1208(b) terminates a tolling pilot program
that has accomplished its intended purpose. Pilot toll
agreements that were executed under subsection 129(k) of title
23 are still valid.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of the Bridge Commission
Senate bill
Subsection 1208(d) repeals the 1962 Bridge Commission
Act. Public Law 87-441 relates to bridge commissions and
authorities created by Act of Congress. It provides for Federal
approval of such commissions' memberships and requires annual
audits. A commission ceases to exist by transferring ownership
of the bridge to the States. Initially, five bridge commissions
were subject to the act. Today, only one commission remains,
the White County Bridge Commission, which operates the New
HarmonyBridge across the Wabash River between Indiana and
Illinois. While under this act, the FHWA has the authority to appoint
commissioners and review the commission's financial operations, these
actions could be administered more effectively and efficiently at the
State or local level. This provision removes this unnecessary Federal
oversight of the White County Bridge Commission.
House bill
Subsection 134(h) repeals a requirement that the Federal
government oversee certain bridge commissions created by
Congress in Public Law 87-441. Such duties would be assumed by
State and local governments.
Conference substitute
The Conference finds the provisions in both the House and
Senate bills to be substantially equivalent.
Transfer of Highway Transit Funds
Senate bill
Section 122 adds a new subsection to section 104 of title
23, United States Code, to provide for the program-wide, rather
than project-by-project, transfer and administration of transit
funds made available for highway projects and highway funds
made available for transit projects. This revision will
streamline the administration of highway and transit funds by
State departments of transportation.
This provision also requires the Secretary to administer
funds made available under title 23 or chapter 53 of title 49
and transferred to Amtrak in accordance with Subtitle V of
title 49. Funds made available under title 23 or chapter 53 of
title 49 and transferred to other eligible passenger rail
projects and activities shall be administered as the Secretary
determines appropriate. The non-Federal share provisions in
title 23 or chapter 53 of title 49 will continue to apply to
the transferred funds.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. Amtrak transferability is not adopted.
Project Approval and Oversight
Senate bill
Section 1222 amends section 106 of title 23, United
States Code, which addresses Federal and State responsibilities
for surface transportation projects. This section permits the
Secretary to discharge to the States with their approval the
Secretary's responsibilities under title 23 for the design,
plans, specifications, estimates, contract awards, and
inspection of projects on the National Highway System (NHS).
Under current law, States voluntarily oversee such activities
for projects carried out with Surface Transportation Program
(STP) funds, but not for NHS projects.
House bill
Subsection 501(a) consolidates and codifies the current
practices used by the Secretary to approve and oversee Federal-
aid highway projects and further streamlines that process. This
section requires that for projects on the NHS (including the
Interstate system), the Secretary and each State will enter
into an agreement as to the appropriate level of Federal
oversight. The Secretary may not assume a greater degree of
responsibility than under current law. For all non-NHS
projects, the States will assume all of the Secretary's current
responsibilities for design, plans, specifications, estimates,
the awarding of contracts, and the inspection of projects. For
projects on the NHS but not on the Interstate system, then a
State shall assume all of the Secretary's current
responsibilities for design, plans, specifications, estimates,
the awarding of contracts, and the inspection of projects
unless the State or the Secretary determines that such
assumption is not appropriate.
Conference substitute
The Conference adopts a substitute provision. The
substitute requires that the State shall assume the Secretary's
responsibilities under this title for design, plans,
specifications, estimates, contract awards and inspection of
projects unless the States determines otherwise. In addition,
the State may assume responsibility for projects on the NHS but
not on the Interstate system unless the State or Secretary
determines otherwise.
In any case where States must meet surface quality
regulations set forth by the Federal Highway Administration,
they may look for leadership to a private Midwestern
engineering institute which has served as a State certifying
contractor for the past eleven years. The FHWA may work with
this institution in carrying out this National certification
program and use the existing expertise in the area.
Financial Plan
Senate bill
Section 1222(f) requires the Secretary to prepare a
financial plan for any projects with an estimated total cost of
$1 billion or more.
House bill
Section 504 requires the preparation of a financial plan
for any highway or transit project costing over $1 billion and
that is proposed to be funded with Federal funds.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The provision is codified in title 23 and title
49.
Standards
Senate bill
Subsection 1222(b) eliminates the requirement that the
Secretary of Transportation issue Interstate maintenance
guidelines and adds that safety considerations of a project may
be met by phase construction.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The substitute language clarifies that the safety
considerations are to be consistent with an operative safety
management system or a statewide transportation improvement
program approved by the Secretary.
Repeal of Sections 100 and 117
Senate bill
Section 1222(c) repeals sections 110 and 117.
House bill
Section 501 repeals sections 110 and 117.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantially equivalent.
Surface Transportation Innovative Financing
Senate bill
Subsection 1223(a) codifies the Department of
Transportation's current administrative policy regarding
innovative mechanisms applicable to transportation enhancement
projects. It gives States additional flexibility by allowing
them to calculate non-Federal share for enhancements projects
in several ways: on a project, multiple project, or program
basis. A State's average annual non-Federal share of
transportation enhancement projects must be at least 20
percent; however, because of the new provision, it is feasible
for a single project to have a 100 percent Federal share.
In addition, this section also reduces the current
quarterly, project-by-project State certification and
notification requirements to annual, program-wide approval of
each State's project agreement. The current requirement that
payments made by the Secretary to the States under section 133
could not exceed the Federal share of costs incurred as of the
date the State requested payments is eliminated.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Program Encouragement of Youth Conservation
Corps
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(h) encourages the use of youth corps to
perform transportation enhancement projects.
Conference substitute
The Conference adopts the House provision.
Surface Transportation Program Approval
Senate bill
Subsection 1223(b) amends section 133 of title 23 to
reduce the current quarterly, project-by-project State
certification and notification requirements to annual, program-
wide approval of each State's project agreement.
House bill
Subsection 108(f) changes the program approval process
for the Surface Transportation Program from a quarterly to an
annual basis.
Conference substitute
The Conference finds both the House and Senate provisions
substantially equivalent.
Payments
Senate bill
Subsection 1223(c) eliminates the current requirement
that payments made by the Secretary to the States under section
133 of title 23, U.S.C. not exceed the Federal share of costs
incurred as of the date the State requested payment. This
simply reflects the Department of Transportation's current
administrative policy regarding innovative financing mechanisms
applicable to transportation enhancement projects. Innovative
financing techniques will give States additional flexibility by
allowing them to calculate the non-Federal share for
enhancements projects on either a project, multiple project, or
program basis. A State's average annual non-Federal share of
transportation enhancement projects must be at least 20
percent. A single project, however, may have a 100 percent
Federal share, but each State's annual enhancements programs
must comply with the 20 percent non-Federal match requirement.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Design Build Contracting
Senate bill
Section 1224 provides authority, after two years of
enactment of this Act, for State transportation departments to
use the design-build approach for construction of eligible
title 23 project segments. Design-build is an innovative method
of highway contracting that is not allowed under current law.
It differs from traditional contracting in that it combines,
rather than separates, responsibility for the design and
construction phases of a highway project. This section allows
States to use their State design-build contracting procedures
in statute or procedures authorized under section 303M of the
Federal Property and Administrative Services Act of 1949.
The benefits of the design-build approach include greater
accountability for quality and costs, less time spent
coordinating designer and builder activities, firmer knowledge
of project costs, and a reduced burden in administering
contracts. Design-build is particularly advantageous for
accelerating project delivery. For example, a study of 11
design-build projects in Florida found that this innovative
contracting method produced significant improvements in project
performance as compared to non-design-build projects. The
average design-build construction time was 21.1 percent shorter
than the average for non-design-build projects. In addition,
actual design-build procurement times were 54 percent less than
the normal design procurement time allocated for projects using
traditional contracting methods. The design-build projects also
produced a 4.7 percent reduction in after-bid changes to the
contract.
Despite the potential advantages of design-build, it may
not be an appropriate method for carrying out every highway
project. Therefore, this section provides minimum cost
requirements for potential design-build projects. To qualify
for the award of a design-build contract, the cost of each
usable segment of a highway project must be at least
$50,000,000. In the case of an Intelligent Transportation
Systems project, the total cost of the project must exceed
$10,000,000.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. It allows States to use any design-build
selection procedures determined appropriate by the Secretary
and requires the Secretary to submit a report to Congress
within 5 years after enactment of this Act. This report will
analyze the effectiveness of design-build contracting
procedures.
Use of Consultants (Selection Process)
Senate bill
Section 1225(c) allows a State to procure consultant
services under a single contract for preparation of both the
environmental analysis and subsequent engineering and design
services if the State has conducted an independent multi-
disciplined review of the objectivity of the analysis.
House bill
Section 104(b) allows a State to procure consultant
services under one contract for the preparation of any
environmental analysis as well for subsequent engineering and
design services if the State has conducted a review of the
objectivity of the analysis.
Conference substitute
The Conference adopts the House provision.
Eligibility of Ferry Boats
Senate bill
Section 1232 clarifies that the construction of ferry
boats and ferry terminal facilities are eligible uses of
National Highway System (NHS), Surface Transportation Program
(STP), and Congestion Mitigation and Air Quality Improvement
program (CMAQ) funds. This simply clarifies how the program is
currently administered and does not amend or weaken any of the
underlying eligibility requirements of the NHS, STP, or CMAQ
programs.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Eligibility of Projects on the National Highway System
Senate bill
Section 1234 amends section 103 of title 23, United
States Code, to include publicly owned intracity or intercity
passenger rail capital projects, including Amtrak, as an
eligible activity for National Highway System (NHS) program
funds under the same criteria that apply currently to transit
and non-NHS highway projects. NHS funding eligibility is
amended also to include natural habitat enhancement and
encourage the use of approved private-sector mitigation banks
for wetlands lost through highway construction. Preference is
given, to the extent practicable, to banks if they are in
accordance with federal guidelines on mitigation banking and
are within the service of the impacted wetland.
This section also adds the following new items to the
list of projects eligible for NHS funding: (1)publicly owned
intracity or intercity passenger rail or bus terminals, including those
owned by Amtrak; (2) publicly owned intermodal surface freight transfer
facilities, other than seaports and airports located at, or adjacent
to, the NHS or connections to the NHS; (3) infrastructure-based
Intelligent Transportation Systems capital improvements; and (4)
publicly owned components of magnetic levitation (MAGLEV) systems.
This section also adds to the list of eligible NHS
projects a paragraph applicable only to projects on the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, permitting these territories to use
their NHS apportionments for any STP-eligible project, any
airport, and any seaport.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not include eligibility for
intracity and intercity passenger rail under this program.
Minor Collectors
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(e) allows up to 15 percent of surface
transportation program funds apportioned for areas of less than
5,000 in population to be used on minor collectors.
Conference substitute
The Conference adopts the House provision with
modifications.
Design Flexibility
Senate bill
Section 1236 clarifies section 109 of title 23 regarding
the Secretary's responsibilities regarding planned future
traffic needs and the Secretary's responsibilities in reviewing
State plans for proposed highway projects. This modification
eliminates the requirement that the Secretary ensure that a
State plan for a highway project must accompany future traffic
demands. The revised section only requires that the Secretary
ensure that future traffic needs were considered.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
State Infrastructure Banks
Senate bill
Section 1301 codifies the State Infrastructure Bank (SIB)
Pilot Program authorized in the NHS Designation Act of 1995.
This section includes modifications to increase the flexibility
of the SIB program. The current 10-State limit on the number of
participants in the SIB program is eliminated, thus enabling
any State to establish a State Infrastructure Bank. The
percentage limitation regarding funds a State can transfer to
use State infrastructure banks is eliminated. The 10-state
limit unnecessarily restricted States from pursuing this
financial mechanism and the percentage limitation unnecessarily
limits States' use of this mechanism. The need to maintain
separate highway and transit accounts also imposed an
accounting burden on States that was inconsistent with
financial flexibility desired in a financing entity such as a
State Infrastructure Bank.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts a substitute provision. The
conference adopts a four State pilot program. The participating
States are Missouri, California, Florida, and Rhode Island.
Transportation Infrastructure Finance and Innovation Act
Senate bill
Subtitle C, Chapter 2 establishes a Federal credit
assistance program for major surface transportation projects
under the Transportation Infrastructure Finance and Innovation
Act of 1998 (TIFIA).
House bill
The House bill contains no comparable provision.
Conference agreement
The conference adopts the Senate provision, with certain
modifications. The TIFIA program is designed to assist major
surface transportation projects with their own revenue streams,
which can attract substantial private capital with a limited
Federal investment. This program offers the sponsors of large
transportation projects a new tool to leverage limited Federal
resources, stimulate additional investment in our Nation's
infrastructure, and encourage greater private sector
participation in meeting our transportation needs.
Eligible projects for TIFIA assistance include any
projects eligible under title 23 (highway and transit capital
projects) as well as international bridges and tunnels, inter-
city passenger bus and rail facilities and vehicles (including
Amtrak and magnetic levitation systems), and publicly-owned
intermodal freight facilities. Examples of the types of
projects which may benefit from this program are the Woodrow
Wilson Bridge, the Farley/Pennsylvania Station project in New
York City and the State of Florida's proposed high-speed rail
project between Miami, Orlando and Tampa. Project sponsors may
be governmental units, private entities, or public-private
partnerships. The Conferees wish to reiterate language
concerning the Florida high-speed rail project in the Senate
committee report section on TIFIA. This project represents an
effort by the State of Florida to bring a new technology to the
United States by using an innovative public-private partnership
that does not rely on Federal grant support. The State of
Florida's request for a Federal loan equal to \1/3\ of project
costs should receive favorable consideration from the
Department of Transportation, provided it meets program
criteria.
To be eligible for credit assistance, a project must meet
certain threshold criteria. It must cost at least $100 million
or 50 percent of a State's annual apportionment of Federal-aid
funds, whichever is less. (For intelligent transportation
system projects, the minimum cost is $30 million, due to the
substantial capacity enhancements attainable with but a limited
investment.) The project also must have the potential to be
self-supporting from user charges or other non-Federal
dedicated funding sources, be on a State's transportation plan
and, at the time of funding, be on a fiscally-constrained State
transportation improvement program. An application for credit
assistance may be submitted by a State or local government or
other entity. The Secretary will select among potential
candidates based on various criteria, including the project's
regional or national significance, its potential economic
benefits, its credit-worthiness, the degree of private sector
participation, and other factors.
Forms of assistance that can be provided under this
program consist of direct loans, loan guarantees, and lines of
credit. In all cases the Federal role will be that of a
minority investor, with Federal participation limited to not
more than 33 percent of total project costs. The Secretary is
authorized to enter into agreements with project sponsors
containing terms and conditions designed to assist the projects
in leveraging additional funds, while ensuring that the program
operates in a fiscally-prudent manner. The State in which a
project is located may identify a State or local government
entity to assist the Secretary in servicing the Federal credit
instrument.
The Secretary may provide credit assistance to
demonstrate to the capital markets the viability of making
transportation infrastructure investments where returns depend
on residual project cash flows after servicing senior municipal
revenue bonds or other capital markets debt. An objective of
the program is to help the financial markets develop the
capability ultimately to supplant the role of the Federal
government in helping finance the costs of large projects of
national significance. That is why loan guarantees are limited
to major institutional lenders, such as defined benefit pension
funds, which may be potential providers in the future of
supplemental and subordinate capital for projects. The
Conference would like the Secretary to encourage Federal
borrowers to prepay their direct loans or guaranteed loans as
soon as practicable from excess revenues or the proceeds of
municipal or other capital market debt obligations. The
Secretary also may sell off direct loans to third parties or
into the capital markets, if such transactions can be arranged
upon favorable terms.
The Conference recognizes that the Congress enacted the
Deficit Reduction Act of 1984 provision prohibiting the
combination of Federal guarantees with tax-exempt debt, because
of concerns that such a double-subsidy could result in the
creation of a ``AAA'' rated security superior to U.S. Treasury
obligations. Accordingly, any project loan backed by a loan
guarantee as provided in TIFIAmust be issued on a taxable
basis.
The Conference wants to ensure that projects receiving
TIFIA assistance are financially-sound. Each project, at the
time of its application for assistance, is required to furnish
a preliminary rating opinion letter from one of the bond rating
agencies identified by the Securities and Exchange Commission
as a ``Nationally Recognized Statistical Rating Organization,''
indicating that the project's senior debt obligations have the
potential to achieve an investment-grade bond rating. The
Secretary shall consult with the Office of Management and
Budget, each rating agency providing such an opinion letter,
and any other financial experts the Secretary deems necessary,
in order to determine the credit instrument's appropriate
subsidy cost (capital reserve) pursuant to the Federal Credit
Reform Act of 1990. Until such time as a formal investment-
grade rating is assigned, the Secretary shall not extend credit
in an amount exceeding the estimated subsidy cost. The
Conference believes that analytical techniques that are widely-
accepted by the capital markets, such as those used by the
rating agencies to evaluate the financial stability of
municipal bond insurance companies, should be drawn upon to
estimate the appropriate subsidy cost.
TIFIA expressly requires that projects adhere to Title VI
of the Civil Rights Act, the National Environmental Policy Act,
and the Uniform Relocation Assistance and Real Property
Acquisition Policies Act. the Conference also recognizes that
highway and transit capital projects assisted under TIFIA will
retain adequate protections for labor in terms of prevailing
wages, as required under title 23 provisions.
The bill provides $530 million of contract authority,
funded from the Highway Trust Fund, to fund the budgetary or
subsidy costs of the Federal credit instruments between fiscal
years 1999-2003: $80 million in fiscal year 1999; $90 million
in fiscal year 2000; $110 million in fiscal year 2001; $120
million in fiscal year 2002; and $130 million in fiscal year
2003. (As with other Federal credit programs, the non-budgetary
or financing costs of the Federal credit instruments will be
funded from the General Fund.). The bill caps the nominal
amount of credit instruments supported by this contract
authority at $1.2 billion for each of fiscal years 1998 and
1999; $1.8 billion for fiscal years 2000 and 2001; and $2.0
billion for fiscal years 2002 and 2003.
The Conferees are aware that present Federal income tax
law prohibits the use of direct or indirect Federal guarantees
in combination with tax-exempt debt (section 149(b) of the
Internal Revenue Code of 1986. The TIFIA provisions of the
conference agreement do not override or otherwise modify this
provision of the Code.
The Conference finds that developing, implementing, and
evaluating financial assistance programs such as TIFIA is a
crucial mission of the Department of Transportation. To ensure
the financial and programmatic success of TIFIA, the conference
strongly encourages the Secretary to establish an
organizational structure within the Department in which
financial assistance activities and programs can be closely
coordinated and monitored.
In order to evaluate the effectiveness of this program,
the Secretary is required to submit a report to Congress within
four years of the date of enactment of this bill. The report
should summarize the program's financial performance to date,
and recommend whether the objectives of the program would be
best met by continuing the program under the authority of the
Secretary, establishing a Government corporation of Government-
sponsored enterprise to administer the program, or by relying
upon the capital markets to fund projects of regional and
national significance without Federal participation.
Operation Lifesaver
Senate bill
Section 1401 continues funding for the Operation
Lifesaver program and requires a total of $500,000 for each of
fiscal years 1998 through 2003 to be set-aside by the Secretary
from surface transportation program funds. The funds shall be
used for public education programs designed to reduce the
number of accidents, deaths and injuries at highway-rail
intersections and within railroad rights-of-way.
House bill
Section 104(c) extends authority for funding for
Operation Lifesaver.
Conference substitute
The Conference finds both the House and Senate provision
to be substantially equivalent.
Railway-Highway Crossings
Senate bill
Section 1403 amends section 130 of title 23 United States
Code, and expands the eligibility of railway-highway funds to
include trespassing countermeasures in the vicinity of the
crossing, safety education, enforcement of traffic laws and
publicly sponsored projects at privately owned railway-highway
crossings. States are required to report to the Department on
completed crossing projects funded under this subsection for
inclusion in the DOT/American Association of Railroads National
Grade Crossing Inventory.
This section eliminates the requirement that half the
funds authorized under section 130 be available for
installation of protective devices at railway-highway
crossings. These activities, however, remain eligible for
funding under this section.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Hazard Elimination Program
Senate bill
Section 1404 expands the eligibility of the current
hazard elimination program to include a full range of safety
improvements for bicyclists and pedestrians, including
multimodal and community safety programs, and spot improvement
programs for rapid-response of low costs hazards, such as
potholes, roadway and trail debris, and unsafe drainage gates
is eligible for funding under this program. This section also
makes traffic calming measures eligible for hazard elimination
funds. The prohibition on States using hazard elimination funds
to correct hazards on routes on the Interstate system is
eliminated. This section also revises the reference to
``highway safety improvement project'' in subsection 152(b) to
read ``safety improvement project'' to reflect the multimodal
focus of the hazard elimination program.
House bill
Section 138 requires that hazards to bicyclists are
included in the hazardous locations inventory.
Conference substitute
The Conference adopts the Senate provision with
modifications. It clarifies that to be eligible under this
section, a project must be related to a public surface
transportation facility. The Conference substitute does not
allow public transportation vehicles to be eligible for these
funds, nor does it allow the Secretary to determine additional
appropriate projects. In carrying out this section, States
should minimize any negative impact on safety and access for
bicyclists and pedestrians in accordance with section 217.
Specialized Hauling
Senate bill
The Senate bill contains no comparable provisions.
House bill
Subsection 134(j) requires a study of the impact of truck
weight standards on specialized hauling vehicles.
Conference substitute
The Conference adopts the House provision with a
modification to require the study include, but not be limited
to, an analysis of the economic, safety, and infrastructure
impacts of truck weight standards.
Access for Motorcycles
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 135 specifies that State or local governments may
not restrict access of motorcycles to any highway facility for
which Federal-aid funds were used.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that this provision only applies to
Federally-assisted highways open to traffic and will not
override or affect the applicability of any local
jurisdiction's safety laws.
232 Metropolitan Planning
Senate bill
Section 1601 retains the current structure and most of
the metropolitan planning provisions found in section 134 of
title 23. It retains the current project selection process set
forth in ISTEA.
This section makes the following substantive changes to
current law. First, this section streamlines the 16
metropolitan planning factors found in current law into seven
issues to be considered in the planning process. Second, it
gives States flexibility to move projects within a 3-year
Transportation Improvement Program without FHWA approval if the
Governor and metropolitan planning organization agree. Third,
it eliminates the requirement that transportation improvement
programs identify the source of funds for individual projects
by Federal funding category. Fourth, this section adds freight
shippers to the list of stakeholders to be given opportunities
to comment on plans and transportation improvement programs
(TIPs). Finally, it provides that, for urbanized areas
designated after the enactment of this Act, metropolitan area
boundaries shall cover at least the urbanized area and the area
expected to become urbanized within the 20-year forecast period
and shall require the agreement of the Governor and MPO. Such
boundaries are not required to include the entire ozone or
carbon monoxide nonattainment areas, as identified under the
Clean Air Act.
House bill
Section 124 amends section 134 of title 23 by setting
seven general goals and objectives that may be considered in
the planning process. They include: supporting economic
vitality; increasing safety and security; increasing
accessibility and mobility; protecting the environment;
integrating the transportation system; promoting efficiency;
and preserving existing facilities. These replace the existing
list of nineteen planning factors. The language also includes
fostering economic growth and development to the list of
reasons that is in the national interest.
The section makes a number of technical changes to
section 134(g) regarding long range plans. It also allows
metropolitan planning organizations to include projects that
would be funded if additional resources were available. The
inclusion of such projects is for illustrative purposes only.
The bill requires that a TIP be updated at least every three
years. It also allows the metropolitan planning organizations
to include projects that they would advance if additional
resources were available.
Conference substitute
The Conference substitute adopts a combination of both
the Senate and House provisions. The substitute retains the
basic current metropolitan planning structure and processes. As
included in both bills, the 16 planning factors are streamlined
to seven general factors to be considered in the planning
process. In considering the relationship between transportation
and quality of life, metropolitan planning organizations are
encouraged to consider the interaction between transportation
decisions and local land use decisions appropriate to each
area. The language clarifies that the failure to consider any
specific factor in formulating plans, projects, programs,
strategies and certification of planning processes is not
reviewable in court. The Conference substitute also adopts the
House provision including economic growth and development as a
general requirement in metropolitan planning.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list of
persons to be given opportunities to comment on metropolitan
long-range plans and programs (TIPs) along with the addition of
representatives of users of public transit. The Conference
substitute also adopts the House provision allowing MPOs to
include an illustrative list of projects that would be included
on the TIP if additional resources were available. The
illustrative list does not affect the fiscal constraint
requirement of the TIP.
The Conference substitute clarifies that the expansion or
designation of existing or new metropolitan planning
organization boundaries due to the imposition of any new air
quality standards will not automatically occur and such
boundaries will be determined by agreement of the governor and
the affected local governments.
Statewide Planning
Senate bill
Section 1602 retains the current structure and most of
the statewide planning provisions found in section 135 of title
23. It retains the current project selection process set forth
in ISTEA. This section makes the following substantive changes
to current law. First, it streamlines the 20 statewide planning
factors found in current law into seven broader issues to be
considered in the planning process. Second, it gives States
flexibility to move projects within a 3-year Transportation
Improvement Program (TIP) without FHWA approval or action if
the Governor and metropolitan planning organization agree.
Third, it eliminates the requirement that transportation
improvement programs must identify the source of funds for
individual projects by Federal funding category. Finally, this
section adds freight shippers to the list of stakeholders to be
given opportunities to comment on plans and statewide
transportation improvement programs (STIPs).
House bill
Section 125 amends section 135 of title 23 by setting the
scope of the planning process. States, to the extent they
determine appropriate, may consider goals and objectives in the
planning process, including supporting economic vitality,
increasing safety and security, increasing accessibility and
mobility, protecting the environment, integrating the
transportation system, promoting efficiency, and preserving
existing facilities. These considerations replace the existing
planning factors.
Freight shippers and freight providers are added to the
list of groups that shall be allowed a reasonable opportunity
to comment on the proposed long-range plan and on the proposed
State transportation improvement plan. It requires that in
rural areas, the transportation program be developed by the
State in cooperation with local elected officials. It also
allows the State to include projects that it would fund if
additional resources were available. Projects undertaken
pursuant to the high risk road safety program are added to the
list of projects that must be selected by the State in
consultation with affected local officials.
This section also includes a provision to study the
effectiveness of local planning.
Conference substitute
The Conference substitute adopts a combination of both
the Senate and House provisions. The substitute retains the
basic statewide planning structure and processes. As included
in both bills the 20 planning factors are streamlined to seven
general factors to be considered in the state planning process.
The language clarifies that the failure to consider any
specific factor in formulating plans, projects, programs,
strategies and certification of planning processes is not
reviewable in court.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list of
persons to be given opportunities to comment on statewide long-
range plans and programs (TIPs), along with the addition of
representatives of users of public transit. The Conference
substitute also adopts the House provision allowing States to
include an illustrative list of projects that would be included
in the TIP if additional resources were available. The
illustrative list does not affect the fiscal constraint
requirements of the TIP.
The Conference substitute adopts the Senate provision,
allowing States flexibility to move projects within a three-
year transportation improvement program without separate
approval or action by the Federal Highway Administration if the
MPO concurs. The substitute also includes a provision requiring
States to consult with local officials with responsibility for
transportation when formulating plans and programs.
Technical Correction Federal Aid/National Highway System
Senate bill
Subsection 1701(a) amends section 103 of title 23, United
States Code, to reflect that the National Highway System (NHS)
has been designated by Congress. It consolidates several
sections of title 23 regarding Interstate system designations
and the process for adding segments to the Interstate. This
section addresses interstate construction funds and unobligated
balances of Interstate substitute funds, as these programs no
longer exist.
The NHS consists of an interconnected system of principal
arterial routes that serve major population center sand
intermodal transportation facilities. Its components include
the Interstate System and other urban and rural principal
arterials and highways (including toll facilities) that provide
motor vehicle access between major population centers, border
crossings, intermodal transportation facilities, and routes
important to defense within the United States. The mileage of
the NHS is limited to 178,250 miles. This mileage is equal to
the base amount of 155,000 miles, established in current law,
plus the 15 percent increase permitted under current law. The
Secretary may make modifications to the NHS routes proposed by
a State if the Secretary determines that the modification meets
the same criteria established under current law. Modification
proposals must be coordinated among the State, local and
regional officials.
An Interstate System route is to be selected by joint
action of the State transportation agencies of the State in
which the route is located and the adjoining States in
cooperation with local and regional officials, and subject to
the approval of the Secretary. The mileage of the Interstate
System is limited to 43,000, an increase from the 41,000 mile
limit under current law.
House bill
Subsection 106(a) strikes existing provision for the
interim eligibility and approval of theNational Highway System.
Conference substitute
The Conference adopts the Senate provision.
Corridor 10 Modification for West Virginia
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 106(J) designates certain portions of Route 10
in West Virginia as part of the National Highway System.
Conference substitute
The Conference does not adopt the House provision.
Nondiscrimination
Senate bill
Section 1703 amends section 324 of title 23, U.S.C. by
moving the provision on discrimination on the basis of sex to
section 140 as subsection (d). Under current law, both of these
sections address discrimination.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
State Transportation Department
Senate bill
Section 1704 makes technical corrections to section 302
of title 23, United States Code. It changes the term ``state
highway department'' to ``state transportation department'' to
emphasize and reflect the intermodal focus of these
departments. It eliminates the requirement for a secondary road
unit as there is no longer a secondary system and secondary
plans have been eliminated. It also establishes that compliance
with section 302, as revised by this section shall have no
effect on the eligibility of costs. This subsection eliminates
302(b) regarding the construction of projects on the secondary
system.
House bill
Section 134(g) amends title 23 to clarify that section
302 does not limit reimbursement of eligible indirect costs to
State and local governments. This will make the Federal-aid
Highway program consistent with other Federal programs,
reducing an administrative burden caused by requiring States to
develop separate accounting systems.
Conference substitute
The Conference adopts the Senate provision.
Signing Survey
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 133(h) requires the Secretary to conduct a
study to determine the practices in the States for specific
service food signs.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute provides language to clarify that
recommendations for modifications to the Manual on Uniform
Traffic Control Devices for Street and Highways that result
from this study should be made only if appropriate.
Amendments to Title 23 (De-icing)
Senate bill
Section 1806 make anti-icing and de-icing compositions
that are agriculturally derived, environmentally acceptable,
and minimally corrosive eligible for use on bridges under the
surface transportation program and on Interstate and National
Highway System bridges.
House bill
Subsections 107(d) and 108(b) makes certain anti-icing
and de-icing compositions used on bridges eligible under the
bridge program and under the surface transportation program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute deletes the reference to
agriculturally-derived compositions, but environmentally
acceptable compositions in general are acceptable. In addition,
it ensures that all bridges are able to use these anti-icing
and de-icing components.
Penn Station Board, NY
Senate bill
Section 1810 allows the Secretary of Transportation, the
Federal Railroad Administrator and their designees to serve as
ex-officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Union Station Board DC
Senate bill
This provision allows the Secretary of Transportation,
the Federal Railroad Administrator and their designees to serve
as ex-officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Study Southwest Border Infrastructure
Senate bill
Section 1813 requires the Secretary to conduct a
comprehensive assessment of the state of transportation
infrastructure on the southwest border between the United
States and Mexico. The Secretary is required to submit the
report to Congress one year after the date of enactment of this
Act.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to ensure that the assessment of the adequacy of
law enforcement and narcotics abatement activities include
their relationship to infrastructure in the border area.
Report on Utilization Potential
Senate bill
Section 1817 requires the Secretary to conduct a study of
ferry transportation in the United States, including the
territories, to identify existing ferry operations and develop
information on the ferry routes. The Secretary is to submit the
report to Congress within one year of enactment of this Act.
House bill
Section 121(b) requires the Secretary to conduct a study
of ferry transportation in the United States, including the
territories, to identify existing ferry operations and to
identify potential domestic ferry routes. The provision
requires the report to be submitted to Congress.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute adds language to ensure the
report includes identification of funding sources for ferry
construction, and the potential for high speed and alternative-
fueled ferry services. It also states that the report be
submitted to theCommittee on the Environment and Public Works
of the United States Senate, rather than the Commerce, Science and
Transportation Committee.
Life Cycle Cost Analysis
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 139(a) requires life cycle costs analysis on
every project under title 23 and requires the analysis to
conform with the Executive Order on Infrastructure Investment.
Conference substitute
The Conference adopts the House provision with
modifications. Subsection (a) eliminates the mandate that
States conduct life-cycle costing procedures on each usable
project segment of $5 million or more on the National Highway
System. The Secretary of Transportation shall develop a set of
procedures to be issued as recommendations to the States for
conducting analyses of the life-cycle costs for projects on the
National Highway System. In making a recommendation, the
Secretary shall consult with AASHTO and include the principles
identified in Executive Order 12893.
Life-cycle cost analysis is a process to reduce costs and
improve quality and performance. In order to achieve these
goals, the Secretary's recommendations shall suggest a uniform
analysis period and uniform discount rates as established in
OMB Circular A-94 for all Federal-aid National Highway System
projects. The recommendation shall incorporate factors such as
a documented, vigorous maintenance schedule user costs, and the
life of the project. The States are encouraged to use the
recommendations to the maximum extent possible on National
Highway System projects.
Roadside Safety Technologies
Senate bill
Section 3107 requires the Secretary to issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions. States are to use this
guidance in evaluating the safety and cost-effectiveness of
using different crash cushion designs or other safety
appurtenances.
House bill
Subsection 126(a) requires the issuance of guidance to
the States on the proper uses of various types of crash
cushions. The States shall use such guidance to evaluate the
use of such devices.
Conference substitute
The Conference adopts the House provision with a
modification to extend the report deadline to 18 months after
enactment, rather than one year.
Traffic Flow and Roadside Safety Applications of Road Barriers
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 126(b) requires the Secretary to conduct a
study on the use of moveable barrier technologies. The
provision requires the Secretary to submit a report to Congress
no later than one year after enactment of this Act, and to
provide the report to States for their use on appropriate
projects on Federal-aid Highways.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute provides language clarifying the
States can use the results of the study at their discretion. In
addition, the deadline for the report is extended to 18 months
rather than 1 year after date of enactment.
Study: Vehicle Weight Enforcement
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 412 directs the Secretary to conduct a study on
the effectiveness and deterrent value of State laws and
regulations pertaining to penalties for violations of
commercial motor vehicle weight laws. The Secretary shall issue
a report to Congress not later than two years after enactment.
Conference substitute
The Conference adopts the House provision.
Worker Safety
Workers engage in repair, demolition, and maintenance of
existing highways, highway structures, and other construction
projects frequently are exposed to hazardous materials
including lead and asbestos. It is well established that even
though safeguards to protect workers are supposed to be place,
frequently they are not adequately followed.
In 1992, NIOSH conducted a study of contamination of
workers' homes with hazardous chemicals and substances
transported from the workplace, the study found that such
incidents have resulted in a wide range of health effects and
death among workers' families exposed to toxic substances and
infectious agents.
Seven Federal statutes provide Federal agencies with some
mechanisms for responding to or preventing workers' home
contamination. Twenty rules or standards in the Code of Federal
Regulations, including regulations promulgated by the
Environmental Protection Agency and OSHA, address workers' home
contamination or have elements that serve to protect worker's
families.
Contamination of workers' homes by hazardous substances
transported from the workplace must be minimized. To accomplish
this, it is essential that all workers are equipped with
suitable protective, reusable clothing, and that such clothing
is either disposed of properly or laundered in certified
laundry facilities that assure that contamination found in the
clothing do not result in exposure in the home, exposure to
workers handling the clothing, or become environmental
pollutants.
Adequate safeguards and facilities exist and the Federal
government through enforcement of current Federal regulations
should make a greater effort to assure that these safeguards
are followed. It is economically beneficial, safe for workers
and their families, and environmentally sound to required
recyclable or reusable work clothes when engaged in workplace
activities involved exposure to hazardous substances. Only
licensed laundry facilities, in compliance with Federal
standards, should be utilized for the laundering of such
clothing.
Uniform Transferability
House bill
Section 505 creates a new uniform transferability of
Federal-aid highway funds in section 110 in title 23. The
provision applies to any highway program or set-aside within a
program which does not allow at least 50 percent of the
apportioned or set-aside funds to be transferred to another
category. The provision allows any State to transfer up to 50
percent of any funds apportioned to it, as well as any funds
within that apportionment that have special requirements or
constitute a set aside, to any other category of funds.
The section also sets rules for the transferability of
certain funds set-aside within the Surface Transportation
Program. For funds set-aside for the hazard mitigation and
rail-highway grade crossing programs, a State may not transfer
a mandatory minimum level. For funds set-aside for
transportation enhancements, up to 50 percent of the funds
above the level received by a State in Fiscal Year 1996 are
available to be transferred. For funds apportioned for the
Congestion Mitigation and Air Quality program, States may
transfer up to 50 percent of the increase over its Fiscal Year
1997 apportionment.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Midcourse Correction
House bill
Section 508 directs the Secretary to withhold certain
funds for fiscal 2001 until August 1, 2001 unless Congress
enacts a law making midcourse corrections to the highway and
transit programs. At a minimum, the midcourse correction must
include a funding distribution for the high cost interstate
program, approve a system of performance bonuses, approve an
Appalachian development highway system program, and approve
projects within the transit capital program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Flexibility of Safety Programs
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1233 gives additional flexibility to safety set-
aside requirements. This provision requires each State to set
aside 2 percent of its Surface Transportation Program (STP)
apportionment for railway-highway crossings; 2 percent of its
STP funds for hazard elimination activities; and 6 percent of
its STP funds for railway-highway crossings or hazard
elimination activities.
Additional discretion is given to each State to transfer
up to 100 percent of its 6 percent STP safety set-aside funds
to its section 402 safety program or to its Motor Carrier
Safety program allocation. The requirement that half the funds
authorized and expended under section 130 be available for
installation of protective devices at railway-highway crossings
is eliminated. The revised section, however, retains this use
as an eligible activity.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not allow transfers to the
section 402 safety program or the motor carrier safety program.
Railway Crossing Hazard Elimination
House bill
Section 104(c) extends the High Speed Rail Corridors
grade crossing program. Funding for the High Speed Rail
Corridors grade crossing program is increased to $5.25 million
per year. In addition, the subsection specifically designates
the Minneapolis/St. Paul, Minnesota, to Chicago, Illinois,
segment as a part of the Midwest High Speed Rail Corridor (also
known as the Chicago Hub). The Minnesota, Wisconsin, and
Illinois Departments of Transportation have completed
preliminary feasibility studies on the Minneapolis/St. Paul-
Chicago segment and the Federal Railroad Administration has
provided funding for the segment under the Next Generation High
Speed Rail Corridor program.
Senate amendment
Section 1402 authorizes $5 million to be set-aside from
Surface Transportation Program funds in each of fiscal years
1998 to 2003 to be allocated by the Secretary to address
railway-highway crossing hazards in five existing high speed
rail passenger corridors and the authority to select three
additional corridors. The Secretary is to consider ridership
volume, maximum speeds, benefits to nonriders such as
congestion relief, State and local financial support and the
cooperation of the owner of the right-of-way.
The previously selected rail corridors under the program:
(1) San Diego to Sacramento, CA; (2) Detroit, MI to Milwaukee,
WI; (3) Miami to Tampa, FL; (4) Washington, D.C. to Charlotte,
NC; (5) Vancouver, B.C. to Eugene, OR. The New York City-
Albany-Buffalo high speed Empire Corridor as an example of a
project that meets the intent of this section because of its
current travel at high rates of speed and its level of
ridership.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute includes funding for site
specific corridors that were included in both the Senate and
House bills. It also makes improvements to the Minneapolis/St.
Paul-Chicago segment of the Midwest High Speed Rail Corridor.
Gulf Coast Corridor
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1402 requires the Secretary to expend funds under
the railway-highway crossing hazard elimination in high speed
rail corridors program for a Gulf Coast high speed railway
corridor.
Conference substitute
The Conference adopts the Senate provision.
Environmental Streamlining
House bill
Section 502 establishes a coordinated environmental
review process for highway construction projects so that
whenever practicable, all environmental reviews, analyses,
opinions and any permits, licenses, or approvals that must be
issued by a Federal agency are conducted concurrently and
within cooperatively established time periods. The time periods
must be consistent with those established by the Council on
Environmental Quality (CEQ) in implementing NEPA. Agreed upon
time periods may be extended by the Secretary, if, upon good
cause shown, the Secretary and the Federal agency determine
that an extension is necessary as a result of new information
that could not reasonably have been anticipated when the time
periods for review were established; In the event that an
agency fails to complete its review or analysis within an
agreed upon time period, the Secretary may close the record.
The House bill further directs the Secretary, in
consultation with CEQ, to establish a State environmental
review delegation pilot demonstration program to allow a
limited number of States to assume responsibility for
implementing NEPA for highway projects. The pilot program is
authorized for three years.
Senate amendment
Section 1225 requires the Secretary to develop an
integrated decisionmaking process for surface transportation
projects. Using the environmental review process under the
National Environmental Policy Act (NEPA), the section
establishes a mechanism to coordinate the permitting process
for surface transportation projects, encouraging consolidation
of Federal, State, local and Tribal decisionmaking to the
maximum extent practicable, and early consideration of
environmental impacts. The section further encourages the use
of collaborative, problem solving and consensus building
approaches to implement the integrated process.
Conference substitute
The Conference adopts the House language with the
following three modifications. First, the provisions
establishing a pilot program to delegate responsibility for
compliance with the requirements of NEPA to up to eight States
is deleted. Second, the language directing agencies to provide
due consideration to the determination of the Secretary with
respect to the purpose and need of a highway project is
deleted. Third, the conference substitute clarifies that the
authority of the Secretary to close the record in the event
that another agency fails to meet an agreed-upon deadline for
completing its environmental review of a proposed project is
limited to the record with respect to the matter before the
Secretary.
Both the House and Senate bills seek to address the same
concerns; the delays, unnecessary duplication of effort, and
added costs often associated with the current process for
reviewing and approving surface transportation projects. The
U.S. Department of Transportation has, through its
administrative initiatives, attempted to address some of these
problems. Legislation is appropriate, however, to further
improve the integration and coordination of decisions relating
to highway projects. Better and earlier coordination among the
agencies involved in the decisionmaking process for highway
projects should help reduce conflicts and their associated
delays and costs.
The fundamental goals of the environmental streamlining
provisions are to establish an integrated review and permitting
process that identifies key decision points and potential
conflicts as early as possible; integrates the NEPA process as
early as possible; encourages full and early participation by
all relevant agencies that must review a highway construction
project or issue a permit, license, approval or opinion
relating to the project; and establishes coordinated time
schedules for agencies to act on a project.
To accomplish these goals, the Conference substitute
adopts the House provision encouraging the Secretary to enter
into memoranda of agreement (MOAs) with the agencies
responsible for reviewing the environmental documents prepared
under NEPA or for conducting other environmental reviews,
analyses, opinions or issuing any licenses, permits or
approvals relating to a project. It is expected that Federal,
State and other agencies involved in reviewing and approving a
project, or components of a project, will use the MOA process
to establish cooperatively determined time periods to complete
their work and, more generally, to describe how, and the extent
to which, the various permitting requirements and environmental
reviews relating to the project will be integrated. MOAs may
include a variety of interagency agreements. In order to avoid
subsequent conflicts and delays on a project, agencies are
encouraged to solicit early public input in the development of
an MOA.
The Conference substitute retains the House provisions
regarding the joint development of time periods for each agency
involved in the review and approval of a project to complete
its review. The language further provides that any
environmental reviews, including those required under NEPA,
conducted with respect to a project shall generally be done
concurrently unless conducting a concurrent review would result
in a significant adverse effect on the environment, would
substantively alter Federal law, or would not be possible
without information developed during the review process. This
last exception is intended to ensure that agencies are not put
in the position of having to complete environmental reviews
before they have sufficient information to conduct a meaningful
review.
The provisions relating to the Secretary's authority to
close the record have been modified to clarify the extent of
the Secretary's authority to issue a record of decision for a
project in the event that another agency fails to meet the
agreed upon deadline for completing its review of any
environmental documents required for the project under NEPA.
The Secretary's authority to close the record authority does
not extend to reviews, analyses, opinions or decisions
conducted by another agency on any permit, license or approval
issued by that agency. For example, if a project requires the
Corps of Engineers to issue a permit under section 404 of the
Clean Water Act, the Secretary may not restrict the Corps'
review with respect to its decision to issue the 404 permit,
even if the Corps fails to meet a deadline set forth in a MOA
with the Secretary. Therefore, the conference substitute
includes language affirming that the Secretary's authority to
close the record is limited to the record on the matter pending
before the Secretary. This still allows the Secretary to issue
a record of decision on a highway project, even if other
agencies have not completed their review of the environmental
documents required under NEPA for the project.
The conference substitute allows the additional costs
associated with Federal agencies complying with this
streamlined process to be considered eligible projects expenses
under the Federal-aid highway program. Such costs may only be
for the additional amount the Secretary determines are
necessary to Federal agencies to meet the time periods for
environmental review where such time periods are less than the
customary time for such review.
For purposes of this section, the term Federal agency
includes any Federal agency or State agency carrying out
affected responsibilities by operation of Federal law.
These provisions makes a number of significant procedural
changes and improvements to the process for reviewing and
approving highway projects. It is expected that the Secretary
will publish regulations, after public notice and comments, to
implement these new procedures.
Applicability of NEPA
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1602(h) of the Senate bill reaffirms that the
requirements of the National Environmental Policy Act (NEPA) do
not apply to State plans and programs developed pursuant to
sections 134 or 135 of title 23, United States Code.
Conference substitute
The Conference substitute adopts the Senate language.
This provision is consistent with current law and practice. To
date, State transportation plans and programs developed under
sections 134 or 135 of title 23, United States Code, and
decisions by the Secretary regarding those plans or programs,
have not been considered to be Federal actions for purposes of
NEPA. Nothing in this provision, however, is intended to
prohibit a State from applying NEPA early in the decisionmaking
making process for surface transportation projects, including
at the planning stage, if it so chooses. Individual projects
included in plans or programs continue to be subject to NEPA.
Repeat Offenders
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1405 establishes a new program to address the
growing problem of repeat, hardcore drunk drivers with high
alcohol concentrations. The section requires States to enact
and enforce penalties for drunk drivers who have an alcohol
concentration of .15 or greater, and who have been convicted of
a second or subsequent drunk driving offense within 5 years.
Minimum penalties shall include a license suspension of not
less than 1 year, an assessment of the individual's abuse of
alcohol and recommended treatment regimes as appropriate, and
either an assignment of 30 days community service or 5 days of
imprisonment.
States failing to enact or enforce the described minimum
penalties for repeat drunk drivers with high alcohol
concentrations by fiscal year 2000, will have 1\1/2\ percent of
their INHS and STP funds transferred to fund alcohol-impaired
driving programs. For fiscal year 2002 and 2003, States that
have failed to enact or enforce a repeat intoxicated driver law
will be required to transfer 3 percent of their NHS and STP
funds for alcohol-impaired driving programs.
Conference substitute
The Conference adopts the Senate provisions with
modifications. Instead of withholding funds, the substitute
language the States in noncompliance to transfer funds to
safety programs.
Seat Belt Incentive Grant
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1406 establishes a new program to encourage
States to promote and increase seat belt usage in passenger
motor vehicles. This new program provides incentive grants to
States that either obtain a State seat belt use rate above the
national average, or increase the State seat belt usage. The
Secretary shall determine annually: 1) those States that
achieved a usage rate higher than the national average, and the
amount of Federal government budget savings from Federal
medical insurance programs associated with the higher seat belt
usage rate; or 2) those States that realized an increase in the
seat belt rate compared with the State's base rate, and the
resulting Federal government budget savings from Federal
medical insurance-programs.
Under this section, the Secretary is required to allocate
to each State in fiscal years 1999 through 2003 the amount of
Federal medical savings that resulted from either increases in
seat belt usage over the national average or increases over the
State's base rate. This section provides $60 million for fiscal
year 1998; $70 million for fiscal year 1999; $80 million for
fiscal year 2000; $90 million for fiscal year 2001; and $100
million for each of fiscal years 2000 and 2003.
Conference substitute
The Conference adopts the Senate provision.
Scenic Byways Center, Duluth, Minnesota
House bill
Section 118(c) authorizes $1.5 million for each fiscal
years 1998 through 2003 to establish a center for national
scenic byways in Duluth, Minnesota. This center would provide
technical communications and network support for nationally
designated byway routes.
Senate amendment
The Senate contains no comparable provision.
Conference substitute
The Senate adopts the House provision. It is the
Conferees intent that the Center for the National Scenic Byways
be staffed by the regional planning agency located in
Northeastern Minnesota. The regional planning agency located in
Northeastern Minnesota has experience in transportation
planning, tourism planning, resource planning, economic
development and community planning. The regional planning
agency has demonstrated its ability to manage scenic byway
projects, develop a technical information network and provide
national leadership in supporting the National Scenic Byway
Program.
Wetland Restoration Pilot Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1503 authorizes the Secretary to establish a
national wetland restoration pilot program. This discretionary
pilot program shall fund restoration projects to offset the
degradation of wetlands resulting from highway construction
projects carried out before December 27, 1977. The Secretary is
required to submit a report on the results of the program every
three years. This provision provides contract authority in the
amount of $12 million for fiscal year 1998; $13 million for
fiscal year 1999; $14 million for fiscal year 2000; $17 million
for fiscal year 2001; $20 million for fiscal year 2002; and $24
million for fiscal year 2003 to carry out this program.
This section is devoted to historic losses of wetlands
only. Funds provided in this program are not intended to reward
State departments of transportation for knowingly degrading
wetlands through highway construction. Therefore, the funds
provided in this section are not to be used to mitigate
wetlands losses from current and future highway projects or
from projects carried out after December 1977.
Conference substitute
The Conference adopts the Senate provision.
TITLE II--HIGHWAY SAFETY
amendments to title 23
House bill
This section provides that, except as otherwise
specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal of,
a section or other provisions of law, the reference shall be
considered to be made to a section or other provision of title
23, United States Code.
Senate amendment
Section 3002 provides that, unless otherwise provided,
statements of amendment or repeal in this title refer to
sections or provisions of title 23, United States Code.
Conference substitute
No provision is included.
sec. 2001. highway safety programs
House bill
Sec. 202. Highway Safety Programs.
Subsection (a) amends the highway safety program to
include uniform guidelines that prevent accidents. This
subsection also makes a technical and conforming amendment to
the highway safety program.
Subsection (b) makes several technical and conforming
amendments to section 402(b).
Subsection (c) amends section 402(c) to increase the
minimum annual apportionment to Indians (through the Secretary
of the Interior) from one-half of one percent to three-fourths
of one percent of the total apportionment under the section.
Subsection (d) amends section 402(i) to allow section 402
grants to be made to Indian tribes in Indian Country. This
subsection also defines Indian Country.
Subsection (e) amends section 402(j) to delete rulemaking
requirements and instead directs the States to consider highly
effective programs that reduce crashes, injuries, and deaths
that have been identified by the Secretary when the States
develop their highway safety programs.
Senate amendment
Sec. 3101 continues the existing State and community
highway safety program, established under Section 402 of title
23, United States Code, and amends the program as follows:
Subsection (a), ``Uniform Guidelines,'' and Subsection
(b), ``Administrative Requirements,'' make several technical
and conforming amendments to Sections 402 (a) and (b).
Subsection (c), ``Apportionment of Funds,'' makes one
technical correction to Section 402(c) and one substantive
amendment. To increase the effective delivery of the Section
402 program to the more than 500 Federally recognized Indian
tribes, an amendment is provided to raise the minimum annual
apportionment to the Indians (through the Secretary of the
Interior) from one-half of one percent to three-fourths of one
percent of the total apportionment under the section.
Subsection (d), ``Application in Indian Country,'' amends
Section 402 to allow Section 402 grants to be made to Indian
tribes in ``Indian Country.''
Subsection (e), ``Rulemaking Process,'' amends Section
402(j), which requires the periodic identification, by
rulemaking, of highway safety programs that are most effective
in reducing traffic crashes, injuries, and deaths. Instead of
requiring the States to direct the resources of the national
program to the fixed areas identified by this rulemaking
process, the amendment directs the States to consider these
highly effective programs when developing their highway safety
programs.
Section 3105 would amend Section 402(a) of title 23, U.S.
Code, to insert ``post-accident procedures, including the
enforcement of light transmission standards of glazing for
passenger motor vehicles and light trucks as necessary to
improve highway safety.''
Conference substitute
The conference agreement includes comparable provisions
of the House bill and Senate amendment. In addition, subsection
202(f) of the House bill allowing States to use section 402
funds to purchase television and radio time for public service
announcements is revised to include a requirement that States
which use funds for such purposes submit a report to the
Secretary on the effectiveness of the messages.
Section 3105 of the Senate amendment regarding
enforcement of window glazing standards is included in
subsection (a)(3).
sec. 2002. highway safety research and development
House bill
Sec. 203. Highway Safety Research and Development.
This section amends section 403(a) relating to highway
safety research and development to provide additional authority
to the Secretary to engage in research focusing on training in
work zone safety management.
Senate amendment
Section 3104(a)(1) amends Section 403(b)(1) of title 23,
U.S. Code, to add a provision on programs to train law
enforcement officers on motor vehicle pursuits conducted by
police. Section 3104(a)(2), allows the Secretary to use, out of
the amounts appropriated to carry out section 403 of title 23,
U.S. Code, such amounts as may be necessary to carry out the
motor vehicle pursuit training program of section 403(b)(1)(D)
of title 23, U.S. Code, but not in excess of $1,000,000 for
each of fiscal years 1999, 2000, 2001, 2002, and 2003.
Section 3104(b) directs that, not later than 180 days
after the date of enactment of this Act, the Attorney General
of the United States, the Secretaries of Agriculture, Interior,
Treasury, the Chief of Capitol Police, and the General Services
Administrator shall transmit a report to Congress on their
policy concerning motor vehicle pursuits, and a description of
their procedures for such training.
Subsection (h), ``Drugged Driver Research and
Demonstration Program,'' amends Section 403 (Highway Safety
Research and Development) of title 23, U.S. Code, to direct the
Secretary to do research on (1) the relationship between the
consumption and use of drugs and their effect on highway safety
and drivers; and (2) driver behavior research; and measures
that may deter drugged driving. Section 3103(1)(E), noted
below, authorizes $2 million for each of fiscal years 1999-2003
to carry out the drugged driving research and demonstration
programs under subsection (h).
Conference substitute
The Senate recedes to the House provision amending
section 403(a) of title 23 regarding work zone safety
management.
The House recedes with modifications to subsection
3101(h) and section 3104 of the Senate amendment to amend
section 403(b) regarding drugged driving and programs to train
law enforcement officers on motor vehicle pursuits conducted by
law enforcement officers. Not more than $2 million per fiscal
year from section 403 funds shall be available for drugged
driving activities and not more than $1 million per fiscal year
from section 403 funds shall be available for motor vehicle
pursuit activities.
sec. 2003. occupant protection incentive grants
House bill
Sec. 204. Occupant Protection Incentive Grants.
This section establishes a new occupant protection
incentive grant program under section 405 of title 23, United
States Code. The Secretary is authorized to make grants to
States that adopt and implement effective laws and programs
aimed at increasing safety belt and child safety seat use.
New subsection 405(a) sets forth the general authority to
make grants to states; requires maintenance of effort by States
receiving such grants; sets forth a six-yearmaximum period of
maximum eligibility and a federal share of 75 percent in the first two
years a state receives a grant, 50 percent in the third and fourth
years, and 25 percent in the fifth and sixth years.
New subsection 405(b) sets forth criteria for Grant A. A
state must meet at least five (and beginning in fiscal year
2001, six) of the following: (1) a law that makes it unlawful
throughout the State the operation of a passenger motor vehicle
whenever a person (other than a child who is secured in a child
restrain system) in the front seat of a vehicle (and beginning
in fiscal year 2000, in any seat in the vehicle) does not have
a safety belt properly secured about the person's body; (2) a
provision in its safety belt use law that provides for its
primary enforcement; (3) the State imposes a minimum fine or
penalty points against an individual's driver's license for a
violation of the State's safety belt use law; (4) a law
requiring children up to four years of age to be properly
secured in a child safety seat in all appropriate seating
positions in all passenger motor vehicles; (5) a Statewide
special traffic enforcement program that includes emphasis on
publicity for the program; (6) a Statewide comprehensive child
occupant protection education program; and (7) a law that a
child up to 10 years of age (and beginning in 2003 a child up
to 16 years of age) is properly restrained.
New subsection 405(c) sets forth criteria for Grant B: A
State must: (1) demonstrate a Statewide safety belt use rate in
both front outboard seating positions in all vehicle types of
80 percent or higher in each of the years a grant is received;
and (2) follow safety belt use survey methods which conform to
guidelines issued by the Secretary ensuring that such
measurements are accurate and representative.
New subsection 405(d) provides that States that meet the
criteria for grants A or B would receive, for each grant, up to
30 percent of its fiscal year 1997 apportionment under section
402, of title 23, United States Code.
New subsection 405(e) defines the terms ``child safety
seat,'' ``motor vehicle,'' ``multipurpose passenger vehicle,''
``passenger vehicle,'' and ``safety belt.''
New subsection 405(f) provides that administrative
expenses are limited to 5 percent of program funds.
New subsection 405(g) provides that funding for the
program is provided with contract authority and the non-Federal
share may be provided through credits for State and local
expenditures. The Secretary also has the authority to increase
the Federal share for certain Indian tribe programs. The
Secretary of Interior is authorized to receive funds made
available for Indian tribe programs.
Senate amendment
Section 3103(g) amends title 23, U.S. Code, to establish
a new occupant protection inventive program under Section 410
of title 23 (``Safety belts and occupant protection
programs''), to encourage States to increase their level of
effort and implement effective laws and programs aimed at
increasing safety belt and child safety seat use. The new
Section 410 contains two subsections--subsection (a) and
subsection (b).
Under Section 410(a), a State may establish its
eligibility for one or both of two basic occupant protection
grants--A and B--by adopting or demonstrating certain criteria,
as appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A
under paragraph (1), a State must adopt or demonstrate at least
4 of the 6 following: (1) a law that makes unlawful throughout
the State the operation of a passenger motor vehicle whenever a
person in the front seat of the vehicle (other than a child who
is secured in a child restraint system) does not have a safety
belt properly secured about the person's body; (2) a provision
in its safety belt use law that provides for its primary
enforcement; (3) a law requiring minors who are riding in a
passenger motor vehicle to be properly secured in a child
safety seat or other appropriate restraint system; and, an
effective public awareness program that advocates placing
passengers under the age of 13 in the back seat of a motor
vehicle equipped with a passenger-side air bag whenever
possible; (4) demonstrates implementation of a statewide
comprehensive child occupant protection education program that
includes education about proper seating positions for children
in air bag-equipped motor vehicles and instruction on how to
reduce the improper use of child restraint systems, and submits
to the Secretary an evaluation or report on the effectiveness
of the programs at least 3 years after receipt of the grant;
(5) a minimum fine of at least $25 for violations of its safety
belt use law and a minimum fine of at least $25 for violations
of its child passenger protection law; and (6) a statewide
occupant protection Special Tariff Enforcement Program (STEP)
that includes emphasis on publicity for the program.
To establish eligibility for the second basic grant B
under paragraph (2), a State must: (1) demonstrate a statewide
safety belt use rate in both front outboard seating positions
in all passenger motor vehicles of 80 percent or higher in each
of the first three years a grant is received, and of 85 percent
or higher in each of the fourth, fifth, and sixth years a grant
is received; and (2) follow safety belt use survey methods
which conform to guidelines issued by the Secretary ensuring
that such measurements are accurate and representative.
States that meet the criteria for a basic grant under
paragraph (1) or (2) would receive, for each grant, up to 20
percent (up to 40 percent if they qualify for both) of their
fiscal year 1997 apportionment under Section 402 of Title 23,
United States Code.
States that meet the criteria for one or both of the two
basic grants also would be eligible to receive supplemental
grants for one or more of the following: (1) requiring the
imposition of penalty points against a driver's license for
violations of child passenger protection requirements; (2)
having no non-medical exemptions in effect in their safety belt
and child passenger protection laws; (3) having in effect a law
that requires safety belt use by all rear-seat passengers in
all passenger motor vehicles with a rear seat. For each
supplemental grant criterion that is met, a State would receive
an amount up to 5 percent of its Section 402 apportionment for
fiscal year 1997. Definitions are provided for ``child safety
seat,'' ``motor vehicle,'' ``multipurpose passenger vehicle,''
``passenger car,'' ``passenger motor vehicle,'' and ``safety
belt.''
Under Section 410(b), subject to the availability of
appropriations, the Secretary may make a grant to a State that
demonstrates the implementation of a Child Occupant Protection
Education Program, described in subsection (a)(1)(D), that
submits an application, in the form and manner as the Secretary
may prescribe, that is approved by the Secretary to carry out
activities specified in subparagraph (B) through: (1) the child
occupant protection program of the State, described in
subsection (a)(1)(D); and (2) at the option of the State, a
grant program established by the State to provide for carrying
out of 1 or more of the activities specified in subparagraph
(B) by a political subdivision of the State or an appropriate
private entity.
Funds provided to a State under a grant under this
subsection shall be used to implement child restraint programs
specified under subparagraph (B), which specifically include
programs that: (1) are designed to prevent deaths and injuries
to children under the age of 9; and (2) educate the public
concerning all aspects of the proper installation of child
restraints using standard seatbelt hardware, supplemental
hardware, and modification devices (if needed), including
special installation techniques; and appropriate child
restraint design, selection and placement; and harness
threading and harness adjustment; and train and retrain child
passenger safety professionals, police officers, fire and
emergency medical personnel, and other educators concerning all
aspects of child restraint use.
The Secretary may make a grant under this subsection
without regard to whether a covered State, described in
subsection (a)(1)(D), is eligible to receive, or has received,
a grant under subsection (a).
The appropriate official of each State that receives a
grant under this subsection shall prepare, and submit to the
Secretary, an annual report for the period covered by the
grant. This report shall contain such information as the
Secretary may require; and at a minimum, describe the program
activities undertaken with the grant funds. Also, not later
than 1 year after the date of the enactment of this provision,
and annually thereafter, the Secretary shall prepare, and
submit to Congress, a report on the implementation of this
subsection that includes a description of the programs
undertaken and materials developed and distributed by the
States that receive grants under this subsection.
Separate authorizations are provided to carry out
subsection (b) of $7,500,000 for each of fiscal years 1999 and
2000.
Conference substitute
The conference agreement includes provisions from the
House bill and the Senate amendment. A State is eligible to
receive a grant if it meets 4 of the following criteria:(1) a
law that makes it unlawful to operate a vehicle whenever an individual
in the front seat (and beginning in the year 2001, any seat) of a
vehicle does not have a seat belt properly secured; (2) the State
provides enforcement of its safety belt use laws; (3) the State imposes
minimum fines or provides for penalty points for violations of its
safety belt use laws or child passenger protection laws; (4) the State
has implemented a statewide enforcement program; (5) the State has
implemented a statewide comprehensive child passenger protection
education program; and (6) the State has in effect a law that requires
minors to be properly secured in a child seat or other appropriate
restraint system. It is noted that States have differing laws regarding
the age of ``minors'' and the provision should be implemented in a
flexible manner to reflect these differences.
A qualifying State may receive a grant amount of up to 25
percent of amounts it received in fiscal year 1997 under
section 402.
The conference agreement does not include the
performance-based incentive grants since a $500 million
performance based incentive grant is established in Title I.
The House recedes with modifications to subsection
2003(b) of the Senate amendment authorizing a two-year, $15
million general fund program to provide grants to states for
child passenger protection education programs. The Senate
provision is amended to require a 20 percent non-Federal match
for any grant funds received by a State and annual reporting
requirements are revised to require a report to the Secretary
by any State receiving a grant and a report from the Secretary
to Congress to be submitted not later than June 1, 2002.
sec. 2004. alcohol-impaired driving countermeasures
House bill
Sec. 205. Alcohol-Impaired Driving Countermeasures.
This section amends the current section 410 to establish
a new comprehensive drunk and impaired driving countermeasures
incentive program to encourage States to increase their level
of effort and implement effective programs aimed at deterring
the drunk driver.
New subsection 410(a) sets forth the general authority
for the Secretary to make grants.
New subsection 410(b) requires maintenance of effort by
States receiving a grant.
New subsection 410(c) sets forth a six-year maximum
period of eligibility and a federal share of 75 percent in the
first two years a State receives a grant, 50 percent in the
third and fourth years, and 25 percent in the fifth and sixth
years.
New subsection 410(d)(1) establishes criteria for basic
grant A. A State must adopt or demonstrate at least 5 of the
following: (1) a State law that provides that an individual
with a blood alcohol concentration (BAC) of 0.08 percent or
greater while operating a motor vehicle is deemed to be driving
while intoxicated; (2) an administrative driver's license
suspension or revocation system for drunk drivers; (3) an
effective system for preventing drivers under age 21 from
obtaining alcoholic beverages and preventing persons from
making alcoholic beverages available to individuals under age
21; (4) a Statewide program for stopping vehicles on a
nondiscriminatory basis or a Statewide impaired driving special
traffic enforcement program that includes emphasis on publicity
for the program; (5) effective sanctions for repeat offenders
convicted of driving while under the influence of alcohol; (6)
programs to target individuals with high BAC while operating a
motor vehicle; (7) programs to reduce driving while under the
influence of alcohol by individuals age 21 through 34; and (8)
an effective system for increasing the rate of BAC testing in
fatal accidents and by the year 2000 achieves a rate of testing
equal to or greater than the national average.
New subsection 410(d)(2) establishes criteria for basic
grant B. A State must adopt or demonstrate to the satisfaction
of the Secretary that (1) its percentage of fatally injured
drivers with 0.10 percent or greater BAC has decreased in each
of the 3 most recent calendar years for which statistics for
determining such percentages are available; and (2) that
percentage has been lower than the average percentage for all
States in each of such calendar years.
New subsection 410(e) provides that States that meet the
criteria for a basic grant would receive, for each grant, up to
30 percent of its fiscal year 1997 apportionment under section
402.
New subsection 410(e) authorizes the Secretary to make
discretionary grants to States carrying out innovative programs
to reduce traffic safety problems resulting from individuals
driving while under the influence of alcohol or controlled
substances. A State is eligible to receive a discretionary
grant only if the State is eligible to receive a basic grant A
or B under this section. The amounts made available to carry
out the discretionary grants may not exceed 12 percent of the
total funds available for section 410.
New subsection 410(f) provides that administrative
expenses for carrying out this section may not exceed 5 percent
of the funds authorized to be appropriated for this section.
New subsection 410(g) provides that funding made
available under this section would be contract authority. The
Secretary is authorized to credit certain amounts of state and
local expenditures toward the non-Federal share of the project
under this section. The Federal share of the cost of the
program for Indian tribes may be increased. Amounts made
available for the Indian tribe program will be administered
through the Secretary of the Interior.
New subsection 410(h) defines the terms ``alcoholic
beverage,'' ``controlled substances,'' ``motor vehicle,'' and
``open alcoholic beverage container.''
Senate amendment
Subsection 3101(f) amends Section 402 to establish a
comprehensive drunk and impaired driving incentive program to
encourage States to increase their level of effort and
implement effective programs aimed at deterring the drunk
driver. The new program is similar in structure to that of the
existing Section 410 drunk driving prevention incentive
program, established under Section 410 of Title 23, United
States Code, and would replace the Section 410 program.
A State may establish its eligibility for one or more of
three basic alcohol impaired-driving countermeasure grants--A,
B, and C--by adopting or demonstrating certain criteria, as
appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A
under paragraph (1), a State must adopt or demonstrate at least
7 of 9 of the following: (1) a law that provides for a per se
law setting .08 BAC level as intoxicated; (2) an administrative
driver's license suspension or revocation system for drunk
drivers; (3) an effective underage drinking program for
preventing operators of motor vehicles under age 21 from
obtaining alcoholic beverages; (4)(A) a statewide program for
stopping motor vehicles on a nondiscriminatory, lawful basis to
determine whether the operators are driving while under the
influence of alcohol, or (B) a statewide impaired driving
Special Traffic Enforcement Program (STEP) that includes
emphasis on publicity for the program; (5) effective sanctions
for repeat offenders convicted of driving while intoxicated or
driving under the influence of alcohol; (6) a three-tiered
graduated licensing system for young drivers that includes
nighttime driving restrictions, requiring that all vehicle
occupants to be properly restrained, and providing that all
drivers under age 21 are subject to zero tolerance at .02
percent BAC or greater while operating a motor vehicle; (7)
programs targeting persons with high blood alcohol
concentrations (BAC) who operate a motor vehicle; (8) young
adult programs to reduce driving while under the influence of
alcohol by persons age 21 through 34; and (9) an effective
system for increasing the rate of testing for blood alcohol
concentration of motor vehicle operators at fault in fatal
crashes.
To establish eligibility for the second basic grant B
under paragraph (2), a State must adopt either an
administrative driver's license suspension or revocation system
for drunk drivers, or a law that provides for a per se law
setting .08 BAC level as intoxicated.
To establish eligibility for the third basic grant C
under paragraph (3), a State must demonstrate that its
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration has both: (1) decreased in
each of the 3 most recent calendar years for which statistics
for determining such percentages are available; and (2) been
lower than the average percentage for all States in each of
such calendar years.
States that meet the criteria for a basic grant under
paragraphs (1), (2) or (3) would receive, for each grant, up to
15 percent (up to 30 percent if they qualify for two, and up to
45 percent if they qualify for all three) of their fiscal year
1997 apportionment under Section 402 of Title 23, United States
Code.
States that meet the criteria for any one or more of the
three basic grants also would be eligible to receive
supplemental grants for one or more of the following: (1)
making it unlawful to possess open containers of alcohol in the
passenger area of motor vehicles (excepting charter buses)
while on the road; (2) adopting a mandatory BAC testing program
for drivers in crashes involving fatalities or serious
injuries; (3) videotaping of drunk drivers by police; (4)
adopting and enforcing a ``zero tolerance'' law providing that
any person under age 21 with a BAC of .02 or greater when
driving a motor vehicle shall be deemed driving while
intoxicated or driving under the influence of alcohol, and
further providing for a minimum suspension of the person's
driver's license of not less than 30 days; (5) requiring a
self-sustaining impaired driving program; (6) enacting and
enforcing a law to reduce incidents of driving with suspended
licenses; (7) demonstrating an effective tracking system for
alcohol-impaired drivers; (8) requiring an assessment of
persons convicted of abuse of controlled substances, and the
assignment of treatment for all DWI and DUI offenders; (9)
implementing a program to acquire passive alcohol sensors to be
used by police in detecting drunk drivers; and (10) enacting
and enforcing a law that provides for effective penalties or
other consequences for the sale or provision of alcoholic
beverages to a person under 21. For each supplemental grant
criterion that is met, a State would receive, in no more than
two fiscal years, an amount up to 5 percent of its Section 402
apportionment for fiscal year 1997. Definitions are provided
for ``alcoholic beverage,'' ``controlled substances,'' ``motor
vehicle,'' and ``open alcoholic beverage container.''
Conference substitute
The conference agreement includes provisions of both the
House bill and Senate amendment. A State is eligible to receive
a grant under section 410 if it meets five of the following
criteria: (A) an administrative license suspension or
revocation system for drunk drivers; (B) an effective underage
drinking program; (C) a statewide program for stopping vehicles
on a non-discriminatory, lawful basis or a Statewide impaired
driving special traffic enforcement program that includes
emphasis on publicity for the program; (D) graduated licensing
systems; (E) programs to target drivers with high BACs; (F)
programs to reduce driving under the influence by young adults
age 21 through 34; and (G) an effective system for increasing
the rate of BAC testing and, by the year 2001, a rate of
testing that is equal to or greater than the national average.
The conference agreement does not include a .08 BAC
criteria since a $500 million .08 incentive program is included
in Title I.
A qualifying State may receive a grant of up to 25
percent of amounts it received in fiscal year 1997 under
section 402.
The conference agreement also authorizes the Secretary to
make supplemental grants. The provision includes several of the
Senate items and includes a new broad criteria. The Secretary
should use the supplemental grants to assist States in
developing innovative programs. The Secretary may determine the
amount of each supplemental grant and is not required to
provide the same amount for each grant.
The conference agreement provides that the amendments to
section 410 of title 23, United States Code, take effect on
October 1, 1998 so that funding provided for the remainder of
fiscal year 1998 are subject to the current section 410 program
requirements.
sec. 2005. highway safety data improvements
House bill
Sec. 206. This section amends section 406 to create a new
State highway safety data improvement incentive grant program
to encourage States to take effective actions to improve the
timeliness, accuracy, completeness, uniformity, and
accessibility of the data they need to identify the priorities
for national, State and local highway and traffic safety
programs, to evaluate the effectiveness of such efforts, to
link these data, including traffic records, together and with
other data systems within the State, such as medical and
economic data, and to improve the compatibility of State
systems with national and other States' data systems.
The Secretary, in consultation with States and other
appropriate parties, is directed to develop model data elements
for States' systems. It should be noted that subsection (b)
regarding model data elements and that States' plans should
demonstrate how the model data elements will be incorporated is
not to be interpreted as requiring States to immediately adopt
uniform data. The Committee realizes that uniform data systems
and reporting may necessitate such changes as modifying
computer systems and redesigning police reports. This is a long
term goal and the provision directs the State to identify steps
it will take to move toward the goal.
The States that receive a grant in any fiscal year must
enter into an agreement with the Secretary to ensure that the
State will maintain its aggregate expenditures from all other
sources for highway safety data programs at or above the
average level of such expenditures in its two fiscal years
prior to the date of enactment of this section.
The maximum period of eligibility for a State to receive
a grant would be six years, beginning after September 30, 1997.
States that meet the criteria for receipt of a grant would
receive grants that would be funded through a declining federal
share.
A State would be eligible for a first-year grant in a
fiscal year if it demonstrates that it has (1) established a
highway safety data and traffic records coordinating committee
with a multi-disciplinary membership; (2) completed a highway
safety data and traffic records assessment or audit of its
highway safety data and traffic records system; and (3)
initiated the development of a strategic plan that identifies
and prioritizes the State's highway safety data and traffic
records needs and goals, and performance-based measures by
which progress toward those goals will be determined.
A State also would be eligible for a first-year grant in
a fiscal year if it provides (1) certification that it has met
the requirements of (1) and (2) listed above; and (2) a multi-
year plan that identifies and prioritizes the State's highway
safety data and traffic records needs and goals, that specifies
how its incentive funds will be used to address those needs and
the goals of the plan, and that identifies performance-based
measures by which progress toward those goals will be
determined; and (3) certification that the highway safety data
and traffic records coordinating committee continues to operate
and support the multi-year plan.
A State that meets certain criteria for a first-year
grant would receive up to $125,000, based on available
appropriations. A State that meets the additional criteria for
a first-year grant would receive an amount equal to a
proportional amount of the amount apportioned to the State for
fiscal year 1997 under section 402, except that no State would
receive less than $225,000.
A State would be eligible for a grant in any fiscal year
succeeding the first fiscal year in which they receive a State
highway safety improvement grant if the State (1) submits or
updates a multi-year plan that identifies and prioritizes the
State's highway safety data and traffic records needs and
goals, that specifies how its incentive funds for the fiscal
year will be used to address those needs and the goals of the
plan, and that identifies performance-based measures by which
progress toward those goals will be determined; (2) certifies
that its highway safety data and traffic records coordinating
committee continues to support the multi-year plan; and (3)
reports annually on its progress in implementing the multi-year
plan.
A State that meets the criteria for a succeeding-year
grant in any fiscal year would receive an amount equal to a
proportional amount of the amount apportioned to the State for
fiscal year 1997 under section 402 of title 23, except that no
State shall receive less than $225,000 based on available
appropriations.
Administrative expenses for carrying out this section may
not exceed 5 percent of the funds authorized to be
appropriated. The funding for grants provided under this
section is provided with contract authority and the non-Federal
share may be provided through credits for State and local
expenditures. The Secretary also has the authority to increase
the Federal share for certain Indian tribes. The Secretary of
the Interior is authorized to receive funds made available for
Indian tribe programs.
Senate amendment
Sec. 3101(f). The Senate bill contains a similar
provision with two differences. It includes a provision
authorizing the Secretary to award States that do not meet the
first-year eligibility criteria up to $25,000 to assist their
efforts to qualify in the next fiscal year. The Senate bill
does not include a provision on model data elements.
Conference substitute
The Conference merges the House and Senate provisions by
retaining the House model data elements and the Senate $25,000
grants for States that do not meet the eligibility criteria.
The Conference emphasizes that while the Secretary should
assist States trying to meet the eligibility criteria, the
$25,000 grants are available to each State only once. If the
State fails to qualify for a regular grant the next year, it
would not be eligible for an additional $25,000.
The Conference also replaces the word ``causation'' with
``circumstances'' in recognition that determining accident
causation precisely is difficult, even when adequate data are
available. Collection of data on crash circumstances, however,
will contribute to our ability to understand crash causation
and identify potentially effective countermeasures.
sec. 2006. national driver register
House bill
Sec. 207. Subsection (a) amends section 30302 (``National
Driver Register'') by adding a new subsection (e). Under
subsection (e), the Secretary would be authorized to enter into
an agreement with an organization that represents the interests
of the States to manage, administer, and operate the National
Driver Register's (NDR) computer timeshare and user assistance
functions. The Secretary is required to demonstrate that any
transfer of these functions will begin only after the Secretary
makes a determination that all States are participating in the
NDR's ``Problem Driver Pointer System'' and that the system is
functioning properly. Any agreement entered into to transfer
these functions shall include a provision for a transition
period to allow the States time to make any budgetary and
legislative changes needed in order to pay fees for using these
functions. The fees charged by the organization representing
the interests of the States in any fiscal year for the use of
these functions shall not exceed the organization's total cost
for performing these functions in that fiscal year.
Subsection (b)(1) amends Section 30305(b) to make
technical conforming amendments.
Subsection (b)(2) amends section 30305(b) to add two
substantive provisions. The first would eliminate a deficiency
in the NDR by extending participation to federal departments or
agencies that both issue motor vehicle operator's licenses and
transmit reports on individuals to the NDR over whom the
department or agency has such licensing authority. The reports
on these individuals transmitted by the federal department or
agency must contain the identifying information specified in
subsection 30304(b).
Subsection (b) also would allow federal agencies
authorized to receive NDR information to request and receive
the information directly from the NDR, instead of through a
State. The statute currently requires these agencies to submit
all NDR inquiries through a State.
Subsection (c) directs the Secretary to evaluate the
implementation of the NDR and motor carrier and commercial
driver license information systems and identify alternatives to
improve the ability of States to exchange information about
unsafe drivers. The subsection further directs the Secretary to
conduct an assessment, with the American Association of Motor
Vehicle Administrators, of available technologies to improve
access to and exchange of such information. The assessment may
consider alternatives to facilitate matching drivers and their
records.
Senate amendment
Sec. 3102. The Senate bill contains a nearly identical
provision, but does not include the assessment and evaluation
of alternatives to improve the exchange of driver information.
Conference substitute
The Conference adopts the House provision.
sec. 2007. safety studies
House bill
Sec. 208. Subsection (a) authorizes the Secretary to
conduct a study on the benefit to public safety of blowout-
resistant tires on commercial motor vehicles.
Subsection (b) authorizes the Secretary to conduct a
study to assess occupant safety in school buses.
Subsection (c) requires the Secretary to report the
results of each study to Congress not later than two years
after the date of enactment.
Subsection (d) authorizes the Secretary to expend no more
than $200,000 to conduct each study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification that the funds for these studies shall come from
funds authorized for highway safety research and development.
sec. 2008. effectiveness of laws establishing maximum blood alcohol
concentrations
House bill
Sec. 209. Subsection (a) directs the Comptroller General
to conduct a study to evaluate the effectiveness of State .08
and .02 BAC laws in reducing the number and severity of
alcohol-related crashes.
Subsection (b) requires the Comptroller General to report
to the Congress within two years the results of the BAC study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification to the Senate committee receiving the report.
sec. 2009. authorizations of appropriations
House bill
Sec. 210. This section provides authorizations for the
section 402 program; the section 403 program; the occupant
protection, alcohol-impaired driving, and highway safety data
incentive grants; and the NDR.
For the NHTSA section 402 safety program, in fiscal year
1998, $128.2 million is provided; for fiscal year 1999, $150.7
million is provided; for each of fiscal years 2000 through
2003, $195.7 million is provided.
For the FHWA section 402 safety program, in fiscal year
1998, $12 million is provided; for fiscal year 1999, $20
million is provided; and for each of fiscal years 2000 through
2003, $25 million is provided.
For NHTSA section 403 research and development, $55
million is authorized for each of fiscal years 1998 through
2003.
For FHWA section 403 research and development, $20
million is authorized for each of fiscal years 1998 through
2003.
For occupant protection incentive grants, in fiscal year
1998, $9 million is provided; in each of fiscal years 1999
through 2003, $20 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $35 million is provided; in each
of fiscal years 1999 through 2003; $45 million is provided.
For state highway safety data incentive grants, in fiscal
year 1998, $2.5 million is provided; in each of fiscal years
1999 through 2003, $12 million is provided.
For the National Driver Register, $2.3 million is
provided for each of fiscal years 1999 through 2003.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Senate amendment
Sec. 3103. The section authorizes funds for the section
402 program; the alcohol-impaired driving countermeasures
incentive grants; the occupant protection incentive grants; the
State highway safety data and traffic records improvements
incentive grants; highway safety research; public education;
and the NDR.
For the section 402 safety program, in fiscal year 1998,
$117.9 million is provided; for fiscal year 1999, $123.5
million is provided; for fiscal year 2000, $126.9 million is
provided; for fiscal year 2001, $130.4 million is provided; for
fiscal year 2002, $133.8 million is provided; for fiscal year
2003, $141.8 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $30.6 million is provided; for
fiscal year 1999, $28.5 million is provided; for fiscal year
2000, $29.3 million is provided; for fiscal year 2001, $30.1
million is provided; for fiscal year 2002, $38.7 million is
provided; for fiscal year 2003, $39.8 million is provided.
For occupant protection program incentive grants, in
fiscal year 1998, $13.9 million is provided; for fiscal year
1999, $14.6 million is provided; for fiscal year 2000, $15.0
million is provided; for fiscal year 2001, $15.4 million is
provided; for fiscal year 2002, $17.6 million is provided; for
fiscal year 2003, $17.7 million is provided.
For state highway safety data improvements incentive
grants, in fiscal year 1998, $8.4 million is provided; for
fiscal year 1999, $8.8 million is provided; for fiscal year
2000, $9.0 million is provided; for fiscal year 2001, $9.2
million is provided.
For drugged driving research and demonstration programs,
$2.0 million is provided for each fiscal year, 1999 through
2003.
For highway safety research, $60.1 million is provided
for each fiscal year, 1998 through 2002; and $61.7 million is
provided for fiscal year 2003.
For programs to educate the motoring public on how to
share the road safety with commercial motor vehicles, $500,000
is provided for each fiscal year 1998 through 2003.
For the National Driver Register, in fiscal year 1998,
$1.6 million is provided; for fiscal year 1999, $1.7 million is
provided; for fiscal year 2000, $1.7 million is provided; for
fiscal year 2001, $1.8 million is provided; for fiscal year
2002, $1.8 million is provided; and for fiscal year 2003, $1.9
million is provided.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Conference substitute
The section authorizes funds for the section 402 program;
highway safety research and development; the occupant
protection incentive grants; the alcohol-impaired driving
countermeasures incentive grants; the State highway safety data
and traffic records improvements incentive grants; the NDR; and
public education.
For the NHTSA and FHWA section 402 safety program, a
total of $932.5 million is provided for fiscal years 1998
through 2003.
For NHTSA and FHWA highway safety research, $72 million
is provided for each fiscal year, 1998 through 2003.
For occupant protection incentive grants, a total of $68
million is provided for each fiscal years 1999 through 2003.
For alcohol-impaired driving countermeasures incentive
grants, a total of $219.5 million is provided for fiscal years
1998 through 2003.
For state highway safety data improvements incentive
grants, a total of $32 million for fiscal years 1999 through
2002 is provided.
For the National Driver Register, a total of $12 million
is provided for fiscal years 1998 through 2003.
For research related to the effects of drugs and driver
behavior and measures to deter drugged driving $2 million per
fiscal year is available.
For programs to train law enforcement officers on motor
vehicle pursuits $1 million per fiscal year is available.
For programs to educate the motoring public on how to
share the road safely with commercial motor vehicles, $500,000
is provided for each fiscal year 1998 through 2003. Because
many motorists are unaware of the limitations of large
commercial vehicles and the driving practices that could help
improve their safety, the Committee believes it is essential to
support a national public education program on sharing the road
safely. Recognizing that such a national program has been
undertaken by the Federal Highway Administration, the Committee
believes the greatest safety benefit and efficiency would be
achieved by FHWA continuing and improving its current ``share
the road'' public education campaign. The Committee expects
that the National Highway Traffic Safety Administration will
transfer $500,000 each year from Section 403 funds as
designated under this section to the Federal Highway
Administration for this purpose.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
sec. 3001. short title
House provision
No provision in House bill.
Senate amendment
This title to be cited as the Federal Transit Act of
1997.
Conference report
The title to be cited as the Federal Transit Act of 1998.
sec. 3002. amendments to title 49
House provision
Section 301 provides that, unless stated otherwise, all
references in this title to a section or other provision of law
are to title 49 of the United States Code.
Senate amendment
No provision included.
Conference report
Adopts House proposal.
sec. 3003. definitions
House provision
Section 302 amends section 5302 of title 49 to expand the
definition of ``capital project'' to include transit-related
intelligent transportation systems, preventive maintenance,
leasing of equipment or facilities for use in mass
transportation under certain circumstances, and certain mass
transportation improvements that enhance economic development
or incorporate private investment. It also defines preventive
maintenance, public transportation, transit, and transit
enhancement.
Senate amendment
Section 5003 expands and clarifies the definition of
capital project under section 5302(a)(1) to add preventive
maintenance and intelligent transportation systems. It also
brings together existing capital provisions on leasing of
transit equipment and facilities, the deployment of new
technology, and joint development activities into the broadened
capital definition. Joint development is expanded to include
safety elements and community services as eligible activities.
Making preventive maintenance an eligible capital expense
gives transit operators greater flexibility and helps to ensure
that the federal investment is properly maintained. Preventive
maintenance does not include routine or servicing activities or
repairing damage caused by an accident.
This section also enables small urbanized areas, which
are defined as having a population between 50,000 and 200,000,
to use any funding distributed under the urbanized area formula
program for either operating or capital expenses. This enhanced
flexibility mirrors that which is currently provided to rural
areas (populations under 50,000).
Conference report
Adopts Senate provision for preventive maintenance,
deployment of new technology, and joint development. Adopts
House provision for transit-related intelligent transportation
systems and leasing.
sec. 3004. metropolitan planning
House provision
Section 303 amends section 5303(b) of title 49 to repeal
the current planning factors and replace them with goals and
objectives of the metropolitan planning process. The
metropolitan planning organization shall cooperatively
determine with the State and mass transit operators how the
goals and objectives considered are translated into
metropolitan goals and objectives and factored into decision
making.
This section allows the metropolitan planning
organization to include, for illustrative purposes, additional
projects that would be included in the long range
transportation plan if reasonable additional resources were
available. It also amends section 5303(f) to add freight
shippers and providers of freight transportation services to
the list of persons metropolitan planning organizations are
required to give an opportunity to comment on the long range
transportation plan.
Senate amendment
Section 5004 amends the current metropolitan planning
provisions in sections 5303, 5304, and 5305 and adds a new
section 5305a on Statewide Planning. This new section largely
parallels the statewide planning provisions in the highway
laws, and is included as a separate provision in the transit
laws.
This section retains the requirement that MPOs follow the
ISTEA planning process outlined in the law. It replaces the 16
individual planning factors in current law with a broader list
of seven national goals and factors for the MPOs to consider,
and retains consideration of land use. This section clarifies
that consideration of these seven factors applies to the
planning process as a whole, not separately to each project
under review.
This section adds language directing the MPOs to
cooperate with the state and transit operators, through a
public process, to establish goals and propose programs
relating to these factors. It adds freight shippers to the list
of those who can comment on plans and transportation
improvement programs. These same changes are included in the
Statewide Planning provisions.
This section retains the requirement that the
transportation plans be fiscally constrained. It requires MPOs
to identify the funding source for projects that are proposed
for the regional transportation plan.
There is new language directing MPOs to bring together
the wide range of transportation services being provided within
the region, many of which are funded either directly or
indirectly by federal programs other than the Department of
Transportation (DOT). The intent of the Committee is to
encourage the participation of these non-DOT funded
transportation services, either through individual or
representative organizations, in coordinating regional
transportation services. An analogous provision is included in
the Statewide Planning provisions. The Committee recognizes
elsewhere in the bill the importance of coordinating these
transportation services. Indeed, the Department of Health and
Human Services (HHS) and DOT have a long-standing Coordinating
Council which is evaluating the departments' current
coordination strategies. The objectives of this coordination
include: joint identification of human service client
transportation needs and the appropriate mix of transportation
services to meet those needs; the expanded use of public
transit services to deliver human services program
transportation; and cost-sharing arrangements for HHS program
clients transported by ADA paratransit systems based on a
uniform accounting system.
This section adds new language for publication of
information in the 3-year transportation improvement program
and the annual selection of projects.
Conference report
Adopts Senate proposal on metropolitan planning and
includes the representatives of the users of public transit
among those to be consulted in the planning process and for
enhanced publication of information on project selection. The
Senate proposal for a separate statewide planning provision in
the transit laws is not adopted.
sec. 3005. transportation improvement program
House provision
This section amends section 5304 of title 49 to require
that the transportation improvement program (TIP) be updated at
least once every three years. It also provides that the TIP may
include, for illustrative purposes, projects that would be
included in the plan if reasonable additional resources were
available.
Senate amendment
This section of the legislation requires that any
metropolitan planning organization that is classified as a
transportation management area and is redesignated after the
enactment of this Act, shall include representatives of the
users of public transit.
Conference report
Adopts Senate provision to include representatives of the
users of public transit to be consulted in the planning
process, and adopts House provision for illustrative list.
sec. 3006. transportation management areas
House provision
This section amends section 5305 to add projects under
the high risk road safety program to the list of projects
selected by the State in consultation with the metropolitan
planning organization. This section also makes a technical
amendment to section 5305.
Senate amendment
Section 5004 makes technical changes to section 5305 and
permits the Secretary to make conditional certifications of
metropolitan planning organizations.
Conference report
Provisions substantially the same.
SEC. 3007. URBANIZED AREA FORMULA GRANTS
House provision
Section 306 amends section 5307 of title 49 to change the
name of the section and to make a conforming amendment to the
table of sections. It makes technical amendments to section
5307(a) of title 49, and amends section 5307(b)(1) to provide
that the Secretary may make grants to finance the operating
cost of equipment and facilities only to urbanized areas with
populations of less than 200,000. It repeals sections
5307(b)(3) and 5307(b)(5). It also provides that of the funds
apportioned each fiscal year to urbanized areas with
populations of 200,000 or more under section 5336, at least two
percent shall only be for transit enhancement activities.
Senate amendment
Section 5003 provides flexibility for small urbanized
areas to use their formula funds for either capital or
operating assistance.
Conference report
Adopts House provision.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM
House provision
No provision in House bill.
Senate amendment
Section 5007 creates a new Clean Fuels formula grant
program, with an annual funding authorization of $200 million.
This program will assist transit systems in purchasing low
emissions buses and related equipment, constructing alternative
fuel fueling facilities, modifying existing garage facilities
to accommodate clean fuel vehicles and assisting in the
utilization of biodiesel fuel.
Annual grants to any one recipient are capped at $25
million for recipients in urbanized areas over one million
population and $15 million for recipients in urbanized areas
under one million population. Eligible technologies include
compressed natural gas (CNG), liquified natural gas (LNG),
biodiesel fuel, battery, alcohol-based fuel, hybrid electric,
fuel cell or other zero emissions technology.
Conference report
Adopts Senate provision.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS
House provision
Section 308 makes technical changes to section 5309.
The section reforms the New Starts evaluation process and
requires the Secretary to make fiscally constrained
recommendations to Congress. Not more than eight percent of the
funds made available in each fiscal year for new fixed guideway
systems and extensions to existing systems are available for
activities other than final design and construction.
This section also clarifies that the Secretary shall
consider the age of buses, bus fleets, and related equipment
and facilities in making grants for buses and related
facilities. This section also provides funding for the bus
testing facility for each of fiscal years 1998 through 2003.
This section requires that a certain percentage of the funds
made available for bus and bus-related facilities be available
to carry out the bus technology pilot program and for non-
urbanized areas. This section establishes a pilot program for
the testing and deployment of new bus technology.
Senate amendment
Section 5008 amends section 5309(e)(3)(B) to add the
benefits of transit-oriented land use as one of the factors to
be considered by the Secretary in reviewing New Starts
projects. There is a growing awareness and agreement that mass
transit investment produces economic benefits, partly through
reduced local infrastructure costs. This change is intended to
reflect the importance of these considerations in evaluating
New Starts.
This section similarly amends section 5309(m) to limit
the amount of New Starts funding that can be used for purposes
other than final design and construction to 8 percent of
amounts made available for this program.
Conference report
Provisions substantially the same.
Houston Regional Bus Plan, Westpark Corridor--The
conferees note that under existing law, Houston Metro may apply
for, and FTA may approve, the transfer of sums previously
appropriated under Metro's Full Funding Grant Agreement from
the development of the Westpark Corridor HOV facility to any
other section 5309 project, with no effect on any other
provision of the Full Funding Grant Agreement. Accordingly the
conferees encourage the Administrator, upon a receipt of such a
transfer request (if so requested by Houston Metro), to work
with Houston Metro officials to consider approval of such
request.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS
House provision
Section 309 directs the Secretary to study the dollar
value of mobility improvements and report to Congress on the
results.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3011. LOCAL SHARE
House provision
No provision in House bill.
Senate amendment
Section 5006 provides that the proceeds from the issuance
of revenue bonds can be used as a local match.
Conference report
Adopts Senate provision with modification. If the
Secretary finds that the operation of this provision benefits
the transit operators, he shall recommend to Congress that a
permanent change in the Federal Transit laws be made no later
than the reauthorization of this Act to make the proceeds from
the issuance of revenue bonds eligible for local share under
sections 5307 and 5309 of title 49. All Federal grant
requirements apply, including the requirement that the
recipient has the financial capacity to carry out the project.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATION
House provision
Section 312 makes research grants for fixed guideway
technology.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES
House provision
Section 310 makes technical changes.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS
House provision
Section 311 makes technical changes.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS
House provision
Section 312 makes technical changes. It establishes a
program for Joint Partnerships for Deployment of Innovation and
International Mass Transportation activities. This section also
establishes a mass transportation technology development and
deployment program. It also provides funding for the fuel cell
transit bus program and maintenance facility, and establishes
an Advanced Technology Pilot Project for the development of
low-speed magnetic levitation technology for public
transportation.
Senate amendment
Section 5011 establishes a Joint Partnership Program for
Deployment of Innovation to implement major research
activities.
Conference report
Senate recedes to fuel cell bus, low speed mag lev
proposals, and International Mass Transportation Program.
Conferees adopt Joint Partnership for Deployment of Innovation.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS
House provision
Section 313 provides additional funding for activities to
help transit providers comply with the Americans With
Disabilities Act.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3017. NATIONAL TRANSIT INSTITUTE
House provision
Section 314 changes the name of the Institute and expands
the list of subjects that may be taught at the National Transit
Institute.
Senate amendment
Senate amendment amends section 5315(a) to add workplace
safety to the list of subjects that may be taught at the
National Transit Institute.
Conference report
Adopts House and Senate provisions.
SEC. 3018. BUS TESTING FACILITIES
House provision
Section 317 clarifies that the Secretary may enter into
either a contract or cooperative agreement to operate and
maintain the bus testing facility.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3019. BICYCLE FACILITIES
House provision
Section 318 increases the federal share for bicycle
projects that are related to transit enhancement activities.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE
House provision
Section 319 clarifies that the incremental cost of
vehicle-related equipment necessary for complying with or
maintaining compliance with the Clean Air Act is reimbursable
at a federal share of 90 percent.
It also provides that the Secretary may allow a
manufacturer or supplier to correct an inadvertent or clerical
error in a Buy America Act certification after bid opening.
This section encourages coordination in the design and delivery
of transportation services among governmental agencies and non-
profit organizations that provide such services. It
consolidates certifications required by FTA.
Senate amendment
Section 5016 requires coordination in providing
transportation services among governmental agencies and
nonprofit organizations that receive federal government funds.
Conference report
Coordinated transportation provisions substantially the
same. Adopts House provision on consolidated certification and
on inadvertent error with modification.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE INVESTMENT
FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND
House provision
No provision.
Senate amendment
Section 5021 permits non-Amtrak states to use their
formula funds for inter-city rail.
Conference report
Adopt Senate provision with modification to establish a
pilot program to support Amtrak activities in Oklahoma.
SEC. 3022. CONTRACT REQUIREMENTS
House provision
Section 320 makes technical amendments relating to
contracts.
Senate amendment
No provision in Senate.
Conference report
Adopts House provision.
SEC. 3023. SPECIAL PROCUREMENTS
House provision
Section 321 makes changes to the definition of a turnkey
system project.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW
House provision
Section 322 clarifies that the Secretary may provide
technical assistance to correct deficiencies identified as part
of project management oversight.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3025. ADMINISTRATIVE PROCEDURES
House provision
Section 324 authorizes the Senate to collect fees to
cover the costs of training and conferences sponsored by the
Federal Transit Administration, and makes technical changes to
this section.
Senate amendment
Section 5017 allows grantees to sell assets, including
land, that are acquired with federal funds and to keep the
proceeds for use in mass transportation.
Conference report
Adopts Senate provision.
SEC. 3026. REPORTS AND AUDITS
House provision
Section 325 repeals certain reports that are no longer
necessary.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS
House provision
Section 326 gives urbanized areas with populations under
200,000 flexibility to use their apportionments for either
capital or operating expenses and caps the total annual amount
at $400 million both operating assistance and preventive
maintenance.
Senate amendment
Section 5019 directs the Secretary, in distributing
operating assistance to large urban areas, to consider the
impact of any operating assistance reduction on smaller transit
authorities operating within the area. This section retains
operating assistance for areas over 200,000 in population.
Conference report
Conferees eliminate the cap on preventive maintenance and
operating assistance, and eliminates operating assistance for
areas over 200,000.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION
House provision
Section 327 amends the fixed guideway modernization
formula.
Senate amendment
Section 5019 amends the fixed guideway modernization
formula.
Conference report
Senate amendment modified on the floor. Conferees adopt
compromise formula allocation.
SEC. 3029. AUTHORIZATIONS
House provision
Section 328 provides authorizations for the transit
programs.
Senate amendment
Section 5002 provides authorizations for the transit
programs.
Conference report
Adopts House provision.
It is the intent of the Conferees that authorizations for
Budget Authority in 49 USC 5338(h), as amended by this section
shall be scored against current discretionary spending limits
and not the Mass transit category established by Title VIII of
this Act.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO
EXISTING SYSTEMS
House provision
Section 332 authorizes New Starts projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
New Orleans Canal Street--The Federal Transit
Administration shall establish and credit as local share a
value of the ``neutral ground'' (median strip), which will be
utilized by the project as the right of way, an amount equal to
50% of the appraised average value of the adjacent property.
Dulles Corridor--The Dulles Corridor project is for the
preliminary engineering, design and construction of the locally
preferred alternative along the Dulles Corridor in the
Washington D.C. metropolitan area and may include construction
of a bus rapid transit system and preliminary engineering and
design of other fixed guideway systems to serve the needs of
the corridor.
Westlake Commuter Rail--The project authorized in this
section includes 8 rail cars.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES
House provision
Section 333 authorizes bus and bus-facilities projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
SEC. 3032. CONTRACTING OUT STUDY
House report
Section 335 directs the Secretary to enter into an
agreement with the Transportation Research Board of the
National Academy of Sciences to conduct a study of the effect
of privatization or contracting out mass transportation
services.
Senate amendment
No provision in Senate amendment.
Conference agreement
Adopts House provision. Funding for the study is
$200,000. The additional $50,000 is available for
administrative expenses associated with the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY
House provision
Section 337 directs the Secretary to conduct a study on
whether the current formula for apportioning funds to urbanized
areas reflects the transit needs of the urbanized areas.
Senate amendment
Section 5020 directs the Secretary to conduct a study on
the current urbanized area formula to determine whether changes
in apportioning formula funds are needed for small urban areas
with populations under 200,000.
Conference report
Adopts both House and Senate provisions.
sec. 3034. coordinated transportation services
House provision
Section 338 directs the Comptroller General to conduct a
study of Federal departments and agencies other than the
Department of Transportation that receive federal financial
assistance for non-emergency transportation services.
Senate amendment
No provision in Senate amendment.
Conference agreement
Adopts House provision.
sec. 3035. final assembly of buses
House provision
Section 339 directs the Comptroller General to review the
Federal Transit Administration's monitoring of pre-award and
post-delivery audits for compliance with the requirements of
final assembly of buses under section 5323(j).
Senate amendment
No provision in Senate amendment.
Conference agreement
House recedes. Provision adopted that requires compliance
with final assembly requirements by a date certain.
sec. 3036. clean fuel vehicles
House provision
Section 340 directs the Comptroller General to study the
various low and zero emission fuel technologies for transit
vehicles.
Senate provision
No provision in Senate amendment.
Conference report
Adopt House provision.
sec. 3037. job access and reverse commute grants
House provision
Section 330 establishes an Access to Jobs pilot program
to fund the transportation of welfare recipients to and from
jobs and job-related activities.
Senate amendment
Section 5014 establishes an Access to Jobs and Reverse
Commute program to assist welfare recipients and other low-
income individuals get to and from jobs.
Sixty percent of funds appropriated under this program
must be awarded to projects in large urbanized areas, 20
percent to projects in small urbanized areas, and 20 percent to
projects in non-urbanized areas. Grants require a 50 percent
local match. Other federal funds, notably those provided
through programs at the Department of Health and Human
Services, may be used to meet the matching requirements.
Under this section, private transportation providers are
eligible to submit proposals with states, local governments,
and nonprofit organizations for grants under this section. In
addition, under this section, a private transportation provider
shall also be considered an existing transportation service
provider when the requirements of the section are met.
Conference report
Adopts Senate provision with modification. The conferees
anticipate that this grant program will encourage recipients to
implement long-term and self-sustaining plans to address the
transportation needs of welfare recipients and eligible low-
income individuals who live in areas devoid of job
opportunities.
sec. 3038. rural transportation accessibility incentive program
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision making available funds to finance the
incremental cost of complying with the Department of
Transportation's final rule regarding accessibility of over-
the-road buses.
sec. 3039. study of transit needs in national parks and related public
lands
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision directing the Secretary of
Transportation, in consultation with the Secretary of the
Interior, to study transit needs in national parks.
sec. 3040. obligation limitations
House provision
Section 329 sets obligation limitations for the transit
programs.
Senate amendment
No provision in Senate amendment.
sec. 3041. adjustments for the surface transportation extension act
House provision
Section 331 directs the Secretary to reduce 1998
apportionments and allocations to account for the six months of
funding already apportioned and allocated pursuant to the
Surface Transportation Extension Act.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
TITLE IV--MOTOR CARRIER SAFETY
sec. 4001. amendments to title 49, united states code
House bill
Section 401 provides that, except as otherwise
specifically provided, an amendment or repeal of a section or
provision of law in this title shall be a reference to a
section or other provision of title 49, United States Code.
Senate amendment
The Senate amendment includes an equivalent provision
(Sec. 3002).
Conference substitute
The conference adopts the House provision.
Sec. 4002. Statement of Purposes
House bill
Section 402 (a) provides for national objectives for the
motor carrier safety grant program, including promoting safety,
developing and enforcing effective and cost-beneficial safety
regulations, assessing and measuring performance, ensuring
adequate training of drivers and enforcement personnel, and
advancing new technologies and safe operational practices.
Senate amendment
Section 3401 proposes to establish a statement of
descriptive purposes of the Motor Carrier Safety Act. These
purposes are to: improve commercial motor vehicle and driver
safety; facilitate the ability to focus resources on strategic
safety investments; increase administrative flexibility;
strengthen enforcement activities; invest in activities related
to areas of the greatest crash reduction; identify high risk
carriers and drivers; and, improve information and analysis
systems.
Conference substitute
The conference adopts the ``statement of purposes''
approach as outlined in the Senate provision and incorporates
descriptive provisions from both bills.
Sec. 4003. State Grants
House bill
Subsection (a) of Sec. 402 amends section 31101 to revise
the definition of ``commercial motor vehicle'' to include
vehicles with a gross vehicle weight of at least 10,001 pounds
(in addition to the gross vehicle weight rating).
Subsection (b) amends section 31102 to include reference
to the ``improvement'' of motor carrier safety and includes
references to hazardous materials transportation safety as a
part of the state grant programs.
Subsection (c) amends section 31102(b)(1) of make
technical changes in the state plans required as a condition of
receiving federal motor carrier safety grants. Requirements
that the state plan implement performance-based activities by
fiscal year 2003, that States establish programs to ensure
proper and timely correction of safety violations, and that
States ensure roadside inspections are done at a safe distance
from the roadway are added.
Subsection (d) amends section 31102 to include a
reference to improving commercial vehicle safety, in addition
to enforing regulations, as activities eligible for
reimbusement.
Subsection (e) amends section 31104(a) to provide annual
authorization for federal motor carrier safety grants. In
fiscal year 1998, $78 million is provided; in fiscal year 1999,
$110 million is provided; and in each of fiscal years 2000
through 2003, $130 million is provided.
Subsection (f) amends section 31104(b) to delete an
outdated provision.
Subsection (g) amends section 31104(f) to provide that
the Secretary shall allocate amounts to States with approved
state plans and shall determine criteria for allocation. The
Secretary may designate up to 5 percent of funds made available
under the state grant program for reimbursement of State and
local government high priority activities which improve
commercial vehicle safety. Section 31104(g) is deleted to
provide greater flexibility to states in activities to be
funded with federal safety grants. Other technical and
conforming changes are made.
Subsection (h) makes a conforming amendment to the table
of sections for chapter 311.
Senate amendment
Sections 3402-3404 of the Senate bill contain similar
provisions. Section 3402 provides that states implement by 2000
performance-based motor carrier safety components in the motor
carrier safety assistance program (MCSAP) plans they submit to
the Department of Transportation (DOT). The section further
requires DOT to ensure that: State motor carrier safety
programs are consistent, effective, and contain reasonable
sanctions; data collection and information systems are
coordinated with State highway safety programs; and, the
participation in SAFETYNET by all jurisdictions receiving motor
carrier safety assistance grant funds.
Section 3403 allows motor carrier safety assistance
grants to be used to enforce rules aimed at improving hazardous
materials transportation safety.
Section 3404(a) amends section 31104(a) to provide annual
authorizations for federal motor carrier safety grants. The
funding levels authorized are: $80 million for fiscal year
1998; $100 million for fiscal year 1999; $97 million for fiscal
year 2000; $94 million for fiscal year 2001; and, $90.5 million
in fiscal years 2002 and 2003.
Section 3404(c) amends section 31104(f) to provide that
the Secretary shall allocate amounts to States with approved
state plans and shall determine the criteria for allocation.
The Secretary may designate up to 5 percent of funds made
available under the state grant program for reimbursement of
State and local government high priority activities which
improve commercial vehicle safety. Section 31104(g) is deleted
to provide greater flexibility to states in activities to be
funded with federal safety grants. Other technical and
conforming changes are made.
Conference substitute
The conference adopts the House approach, with
modifications. The conference includes the Senate provision for
states to implement performance-based MCSAP plans by 2000. The
conference accepts the House bill's concept that States ensure
roadside inspections are performed at a safe distance from the
roadway, but substitutes the word ``location'' for
clarification. The conference authorizes the following funding
levels for the program: $79 million for fiscal year 1998; $90
million for fiscal year 1999; $95 million for fiscal year 2000;
$100 million for fiscal year 2001; $105 million for fiscal year
2002; and, $110 million for fiscal year 2003. The conference
agreement modifies the High Priority and Border discretionary
programs by allowing the Secretary to designate up to 5 percent
of MCSAP funds for States, local governments, and other persons
for carrying out activities and programs that improve
commercial motor vehicle safety and compliance with safety
regulations. A similar designation is permitted for States,
local governments, and other persons to carry out border
commercial motor vehicle safety programs and enforcement
activities and projects.
Sec. 4004. Information Systems
House bill
Subsection (a) of Section 403 replaces the current
section 31106 to provide greater authority and flexibility to
the Secretary in establishing and operating motor carrier,
commercial motor vehicle, and driver information systems and
data analysis programs to support safety activities. The
Secretary shall work in coordination with the States in
developing and maintaining systems which identify and collect
data; evaluate the safety fitness of carriers, vehicles, and
drivers; develop strategies to mitigate safety problems and
measure effectiveness; determine cost-effectiveness of Federal
and State safety programs; and adapt, improve and incorporate
other information and systems as determined appropriate. The
Secretary may prescribe technical and operational standards.
The Secretary is directed to include as part of the information
systems authorized, a clearinghouse and repository of
information related to State registration and licensing of
commercial motor vehicles and the motor carriers operating the
vehicles. The Secretary is authorized to establish a program to
improve commercial motor vehicle driving safety to enhance the
exchange of driver licensing information, provide information
to the judicial system on drivers, and develop strategies and
countermeasures to improve driver safety. This section includes
provisions relating to cooperative agreements, grants and
contracts and sets forth the availability of information
collected in the systems toStates, local officials, and the
public.
The current section 31107, an outdated provision, is
deleted and replaced with authorizations for the information
systems under section 31106. In fiscal year 1998, $7 million is
provided; in fiscal year 1999, $15 million is provided; and in
each of fiscal years 2000 through 2003, $20 million is
provided. Other technical and conforming amendments to title 49
are made.
Senate amendment
Section 3405 substitutes the existing Commercial Motor
Vehicle information system with a new information system. The
section requires the new information network to be capable of
identifying motor carriers and drivers, tracking commercial
motor vehicle registration and commercial motor vehicle driver
licensing, and providing motor carrier and driver safety
performance data. The section requires the system to have the
capability to utilize the information in order to develop
strategies to address safety problems and to measure the
effectiveness of those strategies. The section further requires
the Secretary to prescribe technical and operation standards to
ensure the uniform, timely and accurate information collection
and reporting by the States.
This section also authorizes the Secretary to establish a
commercial motor vehicle safety program that enhances the
exchange of driver licensing information, provides information
to the judicial system on the program, and evaluates
appropriate driver performance and safety aspects. The section
permits the Secretary to enter into agreements with other
Federal agencies and other parties to carry out the new
information and commercial motor vehicle safety program.
Conference substitute
The conference merges the House and Senate language on
the information systems and data analysis program elements. The
conference requires the Secretary to prescribe technical and
operational standards to ensure uniform, timely, and accurate
information collection and reporting by the States and other
entities. The conference authorizes assistance to help States
develop or implement the information systems established under
the section. The conference authorizes the following funding
levels for the information systems and data analysis program:
$6 million for fiscal year 1998; $10 million for each of fiscal
years 1999 and 2000; $12 million for each of fiscal years 2001
and 2002; and, $15 million for fiscal year 2003. The conference
further authorizes the Secretary to allocate up to 50 percent
of the authorized funding to establish the information
clearinghouse directed under this section, and encourages the
Secretary to focus its resources on assisting those states that
have not previously received such assistance to develop or
implement information systems.
The conference is providing separate funding for
information systems and analysis because they are critical to
the successful adoption of performance-based regulations and
oversight. The Secretary should ensure that the data in these
systems is accurate and timely. In addition, the conference
expects the Secretary to develop systems that are linked,
providing complete information rapidly to inspectors and safety
officers.
Finally, while the conference recognizes the benefits
such information systems can provide, the conference also
recognizes the need for safeguards to protect individuals and
companies' privacy. Therefore, the Secretary should carefully
develop the information availability policy called for in the
new subsection (e).
sec. 4005. automobile transporter defined
House bill
Section 404 amends section 31111(a) to define
``automobile transporter'' as any vehicle combination designed
and used specifically for the transport of assembled highway
vehicles.
Senate amendment
The Senate amendment includes a similar provision.
Section 3410 defines automobile transporter to mean any vehicle
combination designed and used specifically for the transport of
assembled highway vehicles, including truck camper units.
Conference substitute
The conference adopts the Senate provision. The
conference notes that the phrase ``truck camper units'' is
defined in the ANSI A119.2/NFPA 501C standard on recreational
vehicles as ``a portable unit constructed to provide temporary
living quarters for recreational, travel, or camping use,
consisting of a roof, floor, and sides, designed to be loaded
onto and unloaded from the bed of a pickup truck'' (1996
edition).
sec. 4006. Inspections and reports
House bill
Subsection (a) amends section 31133(a)(1) to allow the
Secretary to make contracts for inspections and investigations.
Subsection (b) amends section 504 to allow a contractor,
designated by the Secretary, to make inspections of equipment
of a carrier and make inspections of records of carriers.
Senate amendment
Section 3411 of the Senate amendment provides for an
identical provision.
Conference substitute
The conference adopts the provision.
sec. 4007. waivers, exemptions, and pilot programs
House bill
Section 406 establishes a new process for granting
regulatory exemptions, coupled with a process for the Secretary
to carry out pilot programs. Subsection (a) replaces the
current waiver authority in section 31315 with a new provision
relating to authority and standards for exemptions (to replace
waiver authority provided in section 31136(e) and 31315) and
pilot programs.
New subsection 31315(a) provides that the Secretary may
grant to a person or class of persons a temporary exemption
from regulations issued under chapter 313 or section 31136 if
the Secretary finds such exemption would likely achieve a level
of safety equal to or greater than the level that would be
achieved absent such exemption. Exemptions shall be for a 2-
year period and may be renewed. An exemption may be revoked if
the terms and conditions are not met or if the exemption is not
consistent with safety goals. The Secretary shall specify by
regulation the procedures for requesting exemptions, but
certain minimum requirements are set forth. Requests for
exemptions shall be published in the Federal Register and the
public shall be given an opportunity to comment. Any exemptions
granted shall be published in the Federal Register, along with
terms and conditions of the exemption and effective period. Any
exemptions denied shall be published in the Federal Register,
with the reasons for denial. The Secretary shall act on each
exemption request within 180 days or shall publish in the
Federal Register why the decision will be delayed and an
estimate of when the decision will be made. Terms and
conditions of an exemption may be specified and appropriate
state compliance and enforcement personnel shall be notified of
an exemption provided.
New subsection 31315(b) provides authority to the
Secretary to conduct pilot programs to evaluate innovative
approaches to motor carrier, vehicle, and driver safety. Pilots
may include exemptions from regulations. Proposed pilot
programs shall be published in the Federal Register and the
public shall be given an opportunity to comment. Certain
minimum program elements for pilot programs are specified. The
Secretary may revoke participation in or terminate a pilot
program. A report shall be issued to Congress at the conclusion
of each pilot program.
New subsection 31315(c) provides that, during the time
period an exemption or pilot program is in effect, no State
shall enforce a law or regulation that conflicts with or is
inconsistent with an exemption or pilot program with respect to
a person exercising the exemption or participating in the pilot
program.
Subsections (b) and (c) make conforming amendments.
Senate amendment
Section 3421 authorizes the Secretary to initiate
programs to examine innovative approaches or alternatives to
certain commercial motor carrier safety regulations. This
section provides the Secretary broader discretion to grant
waivers and exemptions from motor carrier and driver safety
regulations which are necessary to develop performance based
regulations and evaluate the effectiveness of existing
regulations.
This section recognizes that revising the waiver
provisions in Section 31136 of Subchapter III, Safety
Regulations and Section 31315 of Chapter 313, Commercial Motor
Vehicle Operators is necessary because of the strict
interpretation given to section 31136(e) by the D.C. Circuit
Court of Appeals in____AHAS v. FHWA,____28 F.3d 1288 (1994),
limiting theability of the Secretary to issue waivers and
exemptions. The Court found that the statutory language required the
Secretary to determine, before issuing any waiver, that no diminution
in safety would result, i.e., that it be determined beforehand there
would be absolutely no increase in crashes as a result of the waivers.
To deal with the decision, this section substitutes the term
``equivalent'' to describe a reasonable expectation that safety will
not be compromised. In the absence of greater discretion to deal with
waivers and exemptions and a new standard by which to judge them, the
Congress would continue to be the only source to provide regulatory
exemptions.
The National Highway System Designation Act of 1995 (NHS)
required the establishment of criteria and a program to grant
and monitor exemptions from a broad range of safety regulations
for commercial vehicles over 10,000 pounds but less than 26,000
pounds. This approach is a model for the exemption pilot
program established by this section. The new waiver and
exemption provision requires the Secretary to issue regulations
that will outline a process for issuing waivers, procedures for
conducting pilot projects or demonstration programs to evaluate
the safety performance of a regulation or part of a regulation,
and conditions under which exemptions from motor carrier safety
regulations will be considered.
This section distinguishes between the terms ``waiver''
and ``exemption,'' primarily by scope and duration. It provides
the Secretary the authority to: issue a waiver for a relatively
short term, for a specific purpose to a particular person or
group of persons, under conditions defined in the waivers
(e.g., circus vehicles under escort from railhead to exhibition
site for the duration of the appearance); issue an exemption
for up to two years, with a renewable two-year feature, limited
to a class of persons, vehicles or circumstances (e.g., relief
from certain requirements for well-defined operations with low
risk histories and alternative management controls); and
perform pilot projects or demonstration projects, using either
a waiver or exemption or combination, to examine whether
alternatives to regulatory requirements, particularly record
keeping, are as effective in producing safety benefits.
This section permits the Secretary to grant a waiver
without advance public notice, but a record would have to be
maintained. An exemption may be granted after notice and
opportunity for comment and either a safety demonstration
project or safety analysis was performed. The Secretary could
initiate pilot projects or demonstration programs to examine
whether a new requirement should become a regulation, whether
performance under existing regulations is effective in
producing the desired safety result, and whether alternative
methods can produce the same safety benefit with less
regulatory burden. Before any pilot project or demonstration
program is undertaken, notice and opportunity for comment must
be given to the public. It is expected the Secretary would
issue regulations to provide that safety would be the primary
consideration in deciding whether any waiver or exemption
should be issued, or any pilot program initiated.
Conference substitute
The conference adopts a compromise provision, which
includes basic provisions of both the House and Senate bills.
Subsection (a) authorizes the Secretary to grant
regulatory waivers if such action would be in the public
interest and a level of safety is expected to be achieved that
is equivalent to or greater than the level of safety obtained
under regulatory compliance. A waiver would not be permitted to
be granted beyond a 3 month period, must be limited in scope
and circumstances for special, non-emergency situations, and
could include conditions as deemed appropriate by the
Secretary. The conference expects the Secretary would issue
guidelines to provide for a reasonable process under which
waivers may be requested and considered.
Subsection (b) authorizes the Secretary to grant
regulatory exemptions and Subsection (c) authorizes the
Secretary to conduct pilot programs to evaluate innovative
approaches and alternatives to regulations.
The conference acknowledges that many motor carrier
groups have sought statutory exemptions during the development
of this legislation and such requests should be considered by
the Secretary after evaluating their merits under this
provision. The conferees believe the pilots authorized under
this section should include a reasonable number of participants
to enable the Secretary to assess the safety impact of the
pilots' results.
The conference expects the Secretary to use this
authority judiciously. Pilot programs should be carefully
designed and implemented to both protect the participants and
the public, while yielding useful information to support future
rulemaking proceedings and improve the efficiency of oversight
activities.
Sec. 4008. Safety Regulation
House bill
Subsection (a) of Section 407 amends section 31132(1)(A)
to include in the definition of commercial motor vehicle those
vehicles with a gross vehicle weight of at least 10,001 pounds
(in addition to those vehicles which have such a rating).
Section 31132(1)(B) is amended to refer to vehicles designed to
carry 8 passengers, including the driver.
Subsection (b) deletes section 31134 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel which
has completed it responsibilities.
Subsection (c) deletes section 31140 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel and its
review of State laws and regulations.
Subsection (d) amends section 31141 to delete references
to the Commercial Motor Vehicle Safety Regulatory Review Panel
and makes conforming and technical changes to the review of
State laws and regulations by the Secretary.
Subsections (e) and (f) make technical amendments to
section 31142.
Senate amendment
The Senate amendment includes similar provisions. Section
3411(f) amends the definition of commercial motor vehicle in
Section 31132(1) of title 49, U.S.C., to include vehicles with
a gross vehicle weight of at least 10,001 pounds (in addition
to the gross vehicle weight rating).
Section 3411(a) repeals the current review panel process
that reviews state laws for compatibility with Federal
commercial motor vehicle safety regulations. Section 3411(b)
repeals the panel procedures and replaces them with a review
process to be administered by the Secretary.
Conference substitute
The conference follows the House approach.
Sec. 4009. Safety Fitness
House bill
Subsection (a) of Section 419 of the House bill amends
section 31144 to revise procedures and provisions relating to
safety fitness determinations of owners and operators. The
Secretary is directed to determine whether owners and operators
are fit to safely operate commercial motor vehicles,
periodically update determinations, make the determinations
available to the public, and prescribe by regulation penalties
for violations. The Secretary is to maintain by regulation a
process to determine fitness.
An owner or operator who the Secretary determines is not
fit may not operate commercial motor vehicles in interstate
commerce beginning on the 61st day after the date of such
fitness determination and until the Secretary determines the
owner or operator is fit.
In the case of those transporting passengers or hazardous
materials, an owner or operator who the Secretary determines is
not fit may not operate in interstate commerce beginning on the
46th day after the date of such fitness determination and until
the Secretary determines the owner or operator is fit.
With the exception of those transporting passengers or
hazardous materials, the Secretary may allow an owner or
operator to continue to operate beyond the 61st day if the
owner or operator is making a good faith effort to become fit.
The Secretary must review the determination that an owner
or operator is unfit not later than 45 days after the unfit
owner or operator requests a review, and within 30 days in the
case of owners or operators transporting passengers or
hazardous materials.
A department, agency, or instrumentality of the U.S.
Government may not use to provide any transportation service an
owner or operator determined unfit by the Secretary, until the
Secretary determines such owner or operator is fit.
Subsection (b) makes a conforming amendment to section
5113 of title 49.
Senate amendment
Section 3411(d) directs the Secretary to maintain in
regulation a procedure for determining the safety fitness of
owners and operators of commercial motor vehicles. The section
requires the procedures to include the requirements that owners
and operators of commercial motor vehicles must meet to
demonstrate safety fitness; a means used to decide whether the
owners, operators, or other persons meet safety fitness
requirements; and, deadlines for action by the Secretary in
making fitness determinations. Subsection (d) prohibits a motor
carrier that fails to meet the safety fitness requirements
established by the Secretary from operating in interstate
commerce. The subsection permits the Secretary to extend the
time limit granted for a motor carrier to come into compliance
after a determination that the motor carrier fails to meet
safety fitness requirements.
Conference substitute
The conference follows the House approach. The conference
requires the Secretary to periodically update safety fitness
determinations of owners and operators and to make such final
safety fitness determinations readily available to the public.
The publication of final safety fitness determinations does not
preclude the ability of the Secretary to review the safety
fitness of owners and operators. However, the conference would
not expect preliminary data analysis or preliminary safety
fitness information to be publicly available.
section 4010. repeal of certain obsolete miscellaneous authorities
House bill
Section 409 repeals subchapter IV (sections 31161 and
31162) which are unnecessary and burdensome provisions.
Senate amendment
The Senate bill includes an equivalent provision (Sec.
3411(c)(2)).
Conference substitute
The conference adopts the provision.
section 4011. commercial vehicle operators
House bill
Subsection (a) of Section 410 amends the definition of
commercial motor vehicle in section 31301 to include vehicles
with a gross vehicle weight of at least 26,001 pounds (in
addition to gross vehicle weight rating).
Subsection (b) amends section 31302 to clarify that an
individual may operate commercial motor vehicle only if the
individual has a valid commercial driver's license (CDL) and
that an operator may have only one driver's license at any
time.
Subsection (c) amends section 31308(2) to require that
CDLs must include unique identifiers to minimize fraud and
duplication.
Subsection (d) amends section 31309 to clarify that the
commercial drivers license information system is maintained by
the Secretary and shall be maintained in coordination with
activities carried out under section 31106. Certain other
clarifying and technical amendments are made.
Subsection (e) repeals obsolete state grant programs
regarding testing and licensing of commercial vehicle drivers.
Senate amendment
The provisions are similar. Section 3212(f)(1) amends the
definition of commercial motor vehicle in each place it appears
in section 31301 to include vehicles with a gross vehicle
weight of at least 26,001 pounds (in addition to gross vehicle
weight rating).
Section 3212(f)(2) inserts the word ``is'' at two places
section 31301 subparagraph (C).
Section 3416(b) amends the definition with respect to
motor carriers of passengers and section 3416(c) provides that
regulations would apply to such carriers 12 months after the
date of enactment, unless the Secretary determines it would be
appropriate to exempt them.
Conference substitute
The conference adopts the House approach.
sec. 4012. utility service commercial motor vehicle drivers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3424 provides a process for an emergency
exemption to allow utility drivers to serve customers during
times of emergencies declared by elected State or local
officials and provides for monitoring of any safety impacts
associated with such exemptions.
Conference substitute
The conference adopts the Senate provision.
sec. 4013. participation in international registration plan and
international fuel tax agreement
House bill
Section 413 of the House bill repeals obsolete sections
of chapter 317 (sections 31702, 31703, and 31708) relating to a
working group and grants to encourage participation in the
International Fuel Tax Agreement and International Registration
Plan.
Senate amendment
Section 3414 of the Senate bill is identical to the House
provision.
Conference substitute
The conference adopts the provision.
sec. 4014. safety Performance history of drivers; limitation on
liability
House bill
No comparable provision.
Senate amendment
Section 3412(g) of the Senate bill amends Chapter 5 of
Title 49, United States Code. The provision bars an action for
defamation, invasion of privacy, or interference with a
contract that is based on the furnishing or use of safety
performance records of an individual under consideration for
employment as a commercial motor vehicle driver against a
person who has complied with such a request or his agents or
insurers. The bar does not apply to a motor carrier requesting
the records unless the motor carrier, the person complying with
the request and their agents have taken all precautions
reasonably necessary to ensure the accuracy of the records and
to protect the records from disclosure to any person, except
for their insurers, not directly involved in forwarding the
records or deciding whether to hire that individual, and
complied fully with all the regulations issued by the Secretary
of Transportation in using and furnishing the records.
The bar also does not apply to a person complying with a
request unless the motor carrier requesting the records, the
complying person, and their agents have taken all reasonably
necessary precautions to ensure the accuracy of the records and
to protect the records from disclosure to any person, except
for their insurers, not directly involved in forwarding the
records or deciding whether to hire that individual.
State and local law is preempted to the extent that it
prohibits, penalizes, or imposes liability for furnishing or
using safety performance records in accordance with regulations
issued by the Secretary.
Conference substitute
The conference adopts the Senate provision with
modification. The conference agreement adds a requirement that
as a part of the rulemaking the Secretary is conducting under
section 114 of the Hazardous Materials Transportation
Authorization Act of 1994 (108 Stat. 1677-1678) to amend
Section 391.23 of title 49, Code of Federal Regulations, that
the Secretary provide protection for driver privacy and
establish procedures for review, correction, and rebuttal of
the safety performance records of a driver. The conference
further directs the Secretary to complete the rulemaking by
January 31, 1999. The liability waiver will become effective on
the same date.
sec. 4015. penalties
House bill
No comparable provision.
Senate amendment
Section 3412 of the Senate bill amends section 521 of
Title 49, United States Code. This section excepts from the
penalties provision of section 521(b)(1) ``reporting and record
keeping violations''. This section also strikes ``fix a
reasonable time for abatement of the violation'' from
subparagraph (A).
Section 521(b)(2) is amended by deleting ``reckless
disregard'' and ``gross negligence'' from the liability
standard for the penalty section.
A new subsection (B) is added entitled ``Recordkeeping
and Reporting Violations'' which specifies penalties for such
violations.
Conference substitute
The conference adopts the Senate provision.
sec. 4016. authority over charter bus transportation
House bill
No comparable provision.
Senate amendment
Section 3417 of the Senate bill amends Section 14501(a)
of Title 49, United States Code. The provision strikes the
authority of the states to regulate intrastate and interstate
charter bus transportation.
Conference substitute
The conference adopts the Senate provision with
modification. A clarifying provision is included to ensure that
states may continue to regulate safety with respect to motor
vehicles and to impose highway route controls or limitations
based on the size or weight of the motor vehicle or with regard
to minimum amounts of financial responsibility relating to
insurance requirements. The conference also notes that the
provision does not limit a State's ability to regulate taxicab
service or limousine livery service.
sec. 4017. telephone hotline for reporting safety violations
House bill
Subsection (a) of Section 414 directs the Secretary to
establish, for a period of at least 2 years, a nationwide,
toll-free telephone system to be used by drivers of commercial
motor vehicles and others to report potential violations of
Federal motor carrier safety regulations and other laws and
regulations relating to safety.
Subsection (b) provides that information received shall
be used in setting priorities for safety audits and other
enforcement activities.
Subsection (c) provides that a person reporting a
potential violation shall be provided the protections of
section 31105.
Subsection (d) provides that up to $300,000 from
administrative expenses may be used per fiscal year to carry
out this section.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications and authorizes the Secretary to spend no more
than $250,000 of funding available for general operating
expenses in any fiscal year to carry out this directive.
sec. 4018. insulin treated diabetes mellitus study
House bill
Subsection (a) of Section 415 directs the Secretary of
Transportation to determine within 18 months whether a safe,
practicable and cost-effective screening, operating, and
monitoring protocol could likely be developed for insulin
treated diabetes mellitus individuals who want to operate
commercial motor vehicles in interstate commerce that would
ensure a level of safety equal to or greater than that achieved
with the current prohibition on such drivers.
Subsection (b) directs the Secretary to compile and
evaluate research and other information, to consult with States
who have developed and are implementing a screening process, to
evaluate the Department's policy and actions to permit
individuals with insulin treated diabetes mellitus to operate
in other modes of transportation, and to consult with certain
groups.
Subsection (c) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress the basis for such determination.
Subsection (d) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress on the elements to be included in such a protocol and
promptly initiate a rulemaking implementing the protocol.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with the
addition of a requirement that the Secretary of Transportation
also assess any legal consequences of permitting insulin
treated diabetes mellitus individuals to drive commercial motor
vehicles in interstate commerce. The standard in subsection (a)
is intended to ensure that insulin treated diabetes mellitus
individuals be held to a level of safety comparable to that
required of other qualified commercial drivers and not to a
higher standard.
sec. 4019. performance-based cdl testing
House bill
Subsection (a) of Section 416 directs the Secretary of
Transportation to review the procedures established and
implemented by States for testing operators of commercial motor
vehicles to determine if the system accurately reflects an
individual's knowledge and skills as a commercial motor vehicle
operator and to identify methods to improve testing and
licensing standards, including the benefits and costs of a
graduated licensing system.
Subsection (b) provides that, not later than one year
following such review, the Secretary shall issue regulations
under section 31305 of title 49, relating to CDLs which reflect
the results of the review.
Senate amendment
Section 3412 amends Section 31305(a) by giving the
Secretary of Transportation the authority to establish
performance-based testing and licensing standards that more
accurately measure and reflect an individual's knowledge and
skills as an operator.
Conference substitute
The conference adopts the House provision.
sec. 4020. post-accident alcohol testing
House bill
Section 417 requires the Secretary to conduct a study of
the feasibility of utilizing emergency responders and law
enforcement officers for conducting post-accident alcohol
testing of commercial motor vehicle operators under section
31306 of title 49, United States Code.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with
modification. The modifications require the study to address
the feasibility of utilizing law enforcement officers for
conductingpost-accident alcohol testing, as well as the ability
of motor carrier employers to meet the current post-accident alcohol
testing requirements imposed under section 31306. The reference in the
House provision to ``emergency responders'' is deleted from the study
requirements.
Sec. 4021. Driver Fatigue
House bill
Subsection (a) of Section 418 directs the Secretary, as
part of ongoing activities relating to fatigue of commercial
motor vehicle operators, to encourage the development of
technologies that may aid in reducing fatigue. Subsection
(a)(2) sets forth factors to be considered, including the
degree to which the technology will be cost efficient, can be
used in various climates, and will reduce emissions, conserve
energy, and further other transportation goals. Subsection
(a)(3) provides that funds made available under subparagraphs
(F) through (I) of section 127(a)(3) of the bill may be used to
carry out this section.
Subsection (b) directs the Secretary to review potential
safety benefits of the use of non-sedating antihistamines by
operators of commercial vehicles and to consider encouraging
the use of such antihistamines.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications.
Sec. 4022. Improved Flow of Driver History Pilot Program
House bill
No comparable provision.
Senate amendment
Section 3406 requires the Secretary of Transportation to
carry out a pilot program in cooperation with 1 or more States
to improve upon the timely exchange of pertinent driver
performance and safety records data to motor carriers. The
program shall: (1) determine to what extent driver performance
records data, including relevant fines, penalties and failure
to appear for a hearing or trial, should be included as part of
any information systems; (2) assess the feasibility, costs,
safety impact, pricing impact, and benefits of record
exchanges; and (3) assess methods for the efficient exchange of
driver safety data available from existing State information
systems and sources.
Conference substitute
The conference adopts the Senate provision with the
proviso that at the end of the pilot program the Secretary
shall begin, if appropriate, a rulemaking to revise the
information system under section 31309 of Title 49, United
States Code.
Sec. 4023. Employee Protections
House bill
No comparable provision.
Senate amendment
Section 3411(g) requires the Secretary of Transportation,
in conjunction with the Secretary of Labor to study the
effectiveness of existing statutory employee protections
provided for under section 31105 of title 49, United States
Code.
Conference substitute
The conference adopts the Senate provision.
Sec. 4024. Improved Interstate School Bus Safety
House bill
Subsection (a) of Section 408 amends section 31136 to
provide that federal safety regulations apply to interstate
school bus operations by local educational agencies.
Subsection (b) directs the Secretary to submit a report
within two years describing the status of compliance and
activities of the Secretary or States to enforce the
requirements.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts an alternative provision to
instruct the Secretary to begin a rulemaking to determine
whether or not relevant commercial motor carrier safety
regulations issued under section 31136 should apply to all
interstate school transportation operations.
Sec. 4025. Truck Trailer Conspicuity
House bill
Section 421 requires the Secretary of Transportation to
issue, not more than one year after enactment of this Act, a
final rule regarding the Conspicuity of trailers manufactured
before December 1, 1993. In so doing, the Secretary is required
to consider, at a minimum, the following: (1) the cost-
effectiveness of any requirement to retrofit trailers
manufactured before December 1, 1993; (2) the extent to which
motor carriers have voluntarily taken steps to increase
equipment visibility; regulatory flexibility to accommodate
differing trailer designs and configurations, such as tank
trucks.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision. The conference
however stresses that this provision does not require the
Secretary to order a retrofit of any trailers manufactured
before December 1, 1993.
Sec. 4026. DOT Implementation Plan
House bill
Section 422 requires the Secretary of Transportation to
develop and submit to Congress a plan for implementing
authority (if subsequently provided by law) to: (1) investigate
and bring civil actions to enforce Chapter 5 of Title 49,
United States Code when violated by shippers, freight
forwarders, brokers, consignees, or persons (other than rail
carriers, motor carriers, motor carriers of migrant workers, or
motor private carriers); (2) assess civil or criminal penalties
against a person who knowingly aids, abets, counsels, commands,
induces, or procures a violation of a regulation or order under
chapter 311 or section 31502. The development of the plan
requires the Secretary to consider: in what circumstances the
Secretary would exercise the new authority; how the Secretary
would determine that shippers, freight forwarders, brokers,
consignees, or other persons committed violations; what
procedures would be necessary during investigation to ensure
the confidentiality of shipper contract terms; the impact of
the new authority on the Secretary's resources.
Senate amendment
No comparable provision.
Conference substitute
The conference report directs the Secretary to assess the
scope of the problem of shippers, freight forwarders, brokers,
consignees, or other persons encouraging violations of chapter
5 of title 49 and after the assessment the Secretary may submit
to Congress a plan for implementing authority (if subsequently
provided by law) to investigate and bring civil actions to
enforce chapter 5 of title 49, United States Code. The report
to Congress will contain the elements required of it in the
House bill as well as a request of what, if any, educational
activities the Secretary would conduct for persons who would be
subject to the new authority.
Sec. 4027. Study of Adequacy of Parking Facilities
House bill
Section 132 requires the Secretary of Transportation to
conduct a study to determine the location and quantity of
parking facilities at commercial truck stops and travel plazas
and public rest areas that could be used by motor carriers to
comply with Federal hours of service rules. The study must be
reported to Congress within 36 months. The study shall include
an inventory of current facilities serving the National Highway
System, analyze where shortages exist or are projected to
exist, and propose a plan to reduce the shortage. The study is
funded under Section104(a) of Title 23, United States Code, for
$500,000 per fiscal year for fiscal years 1998, 1999 and 2000.
Senate amendment
Section 3415 is similar to the House bill with the
exception of the funding provision.
Conference substitute
The conference adopts the House provision. The Secretary
would be permitted to allocate no more than $500,000 for each
of the fiscal years 1999, 2000, 2001.
sec. 4028. qualifications of foreign motor carriers
House bill
No comparable provision.
Senate amendment
Section 3419 of the Senate bill requires the Secretary of
Transportation, within 90 days after enactment of the Act, to
review the qualifications of foreign carriers whose
applications for authority to operate in the United States have
not been processed due to the moratorium on the granting of
authority to foreign carriers to operate in the United States.
Conference substitute
The conference adopts the Senate provision with the
proviso that the review does not constitute a finding by the
Secretary under section 13902 of title 49, United States Code,
that a motor carrier is willing and able to comply with
requirements of such section.
sec. 4029. Federal Motor Carrier safety inspectors
House bill
No comparable provision.
Senate amendment
Section 3418 of the Senate bill requires the Secretary of
Transportation to maintain the level of Federal motor carrier
safety inspectors for international border commercial vehicle
inspections as in effect on September 30, 1997, or provide for
alternative resources and mechanisms to ensure an equivalent
level of commercial motor vehicle safety inspections.
Conference substitute
The conference adopts the Senate provision with minor
modifications.
sec. 4030. school transportation safety
House bill
Section 336 of the House bill requires the Secretary of
Transportation to begin not later than 3 months after the date
of the enactment of the Act a study of the safety issues
attendant to transportation of school and school-related
activities by various transportation modes.
Senate amendment
Section 3425 of the Senate bill requires the Secretary to
agree with the Transportation Research Board on a study of the
issues attendant to the transportation of school children to
and from school and school-related activities by various
transportation modes. The TRB shall consider available crash
injury data, and vehicle design and driver training in
conducting the study and the panel conducting the study shall
include representatives of highway safety organizations, school
transportation, mass transportation and bicycling
organizations.
Conference substitute
The conference adopts the Senate provision with the
proviso that a report to the Congress on the results of the
study is to be transmitted not later than 12 months after the
Secretary enters into an agreement with the Transportation
Research Board.
sec. 4031. designation of new mexico commercial zone
House bill
No comparable provision.
Senate amendment
Section 3703 of the Senate bill establishes a commercial
zone in New Mexico comprised of Dona Ana and Luna Counties.
Conference substitute
The conference adopts the Senate provision with the
proviso that the Secretary of Transportation shall consult with
other Federal agencies that have responsibilities over traffic
between the United States and Mexico. The State of New Mexico
is required to submit within three months of the date of
enactment a plan to the Secretary describing how the state will
monitor commercial motor vehicle traffic and enforce safety
regulations. The conference is particularly concerned that
motor carriers within the zone comply with hours-of-service and
drug and alcohol testing requirements and that unauthorized
carriers do not operate beyond the commercial zone limits.
sec. 4032. effects of mcsap grant reductions on states
House bill
No comparable provision.
Senate amendment
Section 3423 of the Senate bill allows States which did
not receive its full Motor Carrier Safety Assistance Program
during fiscal years 1996 and 1997 to enter into cooperative
agreements with the Secretary of Transportation to evaluate the
safety impact, costs, and benefits of allowing such states to
continue to participate fully in the Motor Carrier Safety
Assistance Program, then the Secretary shall allocate to those
States full amount of funds for fiscal years 1998, 1999, 2000,
2001, 2002 and 2003.
Conference substitute
The conference report requires the Secretary to study the
effects of reductions in MCSAP grants due to nonconformity of
State intrastate laws and regulations with Federal interstate
requirements. The study is to consider (1) national uniformity
and the purposes of the MCSAP program; (2) State motor carrier,
commercial motor vehicle, and driver safety oversight and
enforcement capabilities; and (3) the safety impact, costs and
benefits of a State's full participation in the program. A
report to Congress is to be submitted not later than 2 years
after the date of enactment of this Act.
Interim Border Safety Improvement Program
House bill
Section 411 establishes an interim border safety
improvement program to improve commercial motor vehicle safety
in the vicinity of the borders between the U.S. and Canada and
the U.S. and Mexico. The Secretary may expend funds and provide
grants to States, local governments, organizations and others
for the employment and training of personnel to enforce safety
regulations at the border, for the development of data bases
and communications systems, and for education and outreach
initiatives. The Federal share shall be 80 percent for the
first two years that a State receives a grant, 50 percent for
the third and fourth years, and 25 percent for the fifth and
sixth years. Subsection (g) provides annual authorizations for
the program.
Of the funds made available for the coordinated border
infrastructure and safety program under section 116 of the
bill, $20 million in fiscal year 1998 and $15 million in each
of fiscal years 1999 through 2003 shall be available for this
program.
Senate amendment
No comparable provision.
Conference substitute
The conference does not include a provision. The
conference addresses border safety matters under Section 4003
and authorizes the Secretary to dedicate up to five percent of
funding made available to carry out the Motor Carrier Safety
Assistance Program for States, local governments, and other
persons to carry out border commercial motor vehicle safety
programs and enforcement activities and projects.
Hazardous Materials Transportation Regulation and Farm Service Vehicles
House bill
Sec. 420. Subsection (a) amends section 5117(d)(2) of
title 49 regarding the transportation of hazardous materials to
add a new subparagraph (C) which provides that Statesare not
prohibited from providing an exception from requirements relating to
placarding, shipping papers, and emergency telephone numbers for the
private motor carriage in intrastate transportation of an agricultural
production material. A State must certify that the exception is in the
public interest, the need for the exception, and that the State shall
monitor the exception and take such measures necessary to ensure that
safety is not compromised.
Subsection (b) defines the term ``agricultural production
material.''
Senate amendment
Section 3208 of the Senate bill as part of the
reauthorization of the Hazardous Materials Transportation Act
authorizes the Secretary to carry out pilot programs to examine
innovative approaches or alternatives to regulations for
private intrastate motor carriage of agricultural production
materials. The Secretary is prohibited from carrying out a
pilot program if it would pose an undue risk to public health
and safety. Furthermore, the Secretary shall require that the
pilot project contain safety measures designed to achieve a
level of safety equivalent to or greater than the level that
would otherwise be achieved. The Secretary is directed to
terminate participation immediately of any carrier that fails
to comply with the terms and conditions of the pilot or to
terminate the entire pilot if the Secretary determines it has
resulted in a lower level of safety.
Conference substitute
The conference does not include a provision.
Motor Carrier and Driver Safety Research
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3407 of the Senate bill provides not less than
$10 million per year for programs designed to advance motor
vehicle and driver safety. The provision requires grants of
more than $250,000 to be awarded based on a competitive
selection. The Secretary shall submit annual reports to
Congress on the activities conducted under this section.
Conference substitute
The conference does not include a provision. The
Secretary is authorized to conduct motor carrier research in
the programs established or amended in Title V of this Act.
Commercial Motor Vehicle Safety Advisory Committee
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3420 of the Senate bill authorizes the Secretary
to establish an advisory committee to provide advice and
recommendations on regulatory issues.
Conference substitute
The conference does not include a provision.
Commercial Motor Vehicle Safety Studies
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3422 of the Senate bill directs the Secretary to
conduct a study of the impact on safety and infrastructure of
tandem axle commercial motor vehicle operations in States that
permit the operation of such vehicles in excess of Interstate
weight limits. Further, the Secretary should enter into
cooperative agreements with such States to collect weigh-in-
motion data necessary for the study. The Secretary shall report
to Congress within 2 years on the results of the studies and
may not withhold highway construction funds from States for
violations of grandfathered tandem axle weight limits.
Conference substitute
The conference does not include a provision.
Hazardous Materials Transportation Act Reauthorization
House bill
The House bill contains no comparable provision.
Senate amendment
Subtitle B reauthorizes the Hazardous Materials
Transportation Act, as requested by the Administration. The
Subtitle makes several changes in the hazardous materials
transportation program as administrated by the DOT Research and
Special Programs Administration.
Conference substitute
The conference does not include a provision.
TITLE V--TRANSPORTATION RESEARCH
subtitle c--intelligence Transportation Systems
Senate amendment
Section 2101 designates the name of Subtitle B of chapter
5 as the ``Intelligent Transportation Systems Act of 1997''
(ITS Act).
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
notification revising the date in the title. The substitute
language designates the name of Subtitle B as the ``Intelligent
Transportation Systems Act of 1998.''
Findings
Senate amendment
Sec. 2102 lists Congress' findings with respect to the
ITS program.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates the findings in the
Senate bill into two findings retaining the reference to
investments in intelligence transportation systems made under
the Intermodal Surface Transportation Efficiency Act of 1991
(105 State. 1914 et seq.) and the principle that continued
investment is needed in this areas to realize fully the
benefits of intelligence transportation systems technology.
Goals and Purposes
Senate amendment
Section 521, 23 U.S.C., as proposed, sets forth the
purposes of the ITS Act of 1997, which are--(1) to provide for
accelerated deployment of proven technologies and concepts and
increased Federal commitment to improving surface
transportation safety, and (2) to expedite deployment and
integration of basic ITS services for consumers of passenger
and freight transportation across the nation.
House bill
Subsection 652(b) establishes the goals of the ITS
program including enhanced efficiency of the transportation
system; enhanced safety; enhancement of the environment; a
program that includes all users; improved accessibility; the
development of a technology base; improved ability to respond
to national emergencies; and the promotion of data sharing.
Conference substitute
The Conference adopts a goals and purposes provision
incorporating key concepts from both the House goals provision
and Senate purposes provision. The substitute language
identifies as goals of the ITS program the following objectives
most of which were included in both bills: enhancement of
surface transportation efficiency and facilitation of
intermodalism and international trade; improvement of national
transportation safety; protection and enhancement of the
natural environment; accommodation of the needs of all surface
transportation systems users; improved responsiveness to
emergencies and natural disasters. The substitute language also
identifies ITS program purposes representing objectives with a
more short-term focus than the goals. The list of purposes, as
follows: is drawn primarily from the purposes section in the
Senate bill: to expedite deployment and integration of ITS; to
ensure local transportation officials have adequate knowledge
of ITS technologies for transportation planning and ITS
operations and maintenance purposes; to improve regional
cooperation; and to promote the use of private resources.
General Authorities and Requirements
Scope
Senate amendment
The Senate bill contains no comparable provision
House bill
Subsection 652(a) directs the Secretary to conduct a
research, development, and deployment program for ITS.
Conference substitute
The Conference adopts the House provision.
Policy
Senate amendment
Subsection 530(b), 23 U.S.C., as proposed, prohibits the
Secretary from funding any ITS operational test or deployment
that competes with a similar privately funded project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute moves this provision from the
Funding Limitations section in the Senate bill to the General
Authorities and Requirements section in the substitute. The
Senate provision is also revised to state that as a general
policy federally-funded projects shall not displace public-
private partnerships or private sector investment.
Cooperation with Governmental, Private, and Educational Entities
Senate amendment
Paragraph 523(b)(2), 23 U.S.C., as proposed, directs the
Secretary in carrying out the intelligent transportation system
program to maximize the involvement of the private section,
college and universities, Federal laboratories, and State and
local governments.
House bill
Paragraph 653(a)(1) directs the Secretary to carry out
the intelligent transportation system program in cooperation
with State and local governments, the private sector, colleges
and universities, including historically black colleges an
universities and other majority institutions of higher
education.
Conference substitute
The Conference adopts the House provision with a
modification. The Federal laboratories are added to the list of
entities the Secretary is directed to consult with carrying out
this program.
Consultation with Federal Officials
Senate amendment
Paragraph 523(b)(1), 23 U.S.C., as proposed, requires the
Secretary to consult with heads of other interested Federal
departments and agencies.
House bill
Paragraph 653(2) directs the Secretary to consult with
the Secretary of Commerce, the Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, the
Director of the National Science Foundation, and the heads of
other Federal departments and agencies.
Conference substitute
The Conference adopts the House provision.
Technical Assistance, Training, and Information
Senate amendment
Subsection 524(a), U.S.C., as proposed, directs the
Secretary to carry out a comprehensive program of intelligent
transportation system research, development, operational
testing, technical assistance and training, and other related
activities.
House bill
Subsection 655(a) allows the Secretary to provide
technical assistance, training, and information to State and
local governments for intelligent transportation system
projects.
Conference substitute
The Conference adopts the House provision.
Transportation Planning
Senate amendment
The Senate bill contains no comparable provision.
House bill
Subsection 655(b) allows the Secretary to use funds to
better integrate intelligent transportation systems into State
and metropolitan planning.
Conference substitute
The Conference adopts the House provision.
Information Clearinghouse
Senate amendment
Subsection 524(d), 23 U.S.C., as proposed, requires the
Secretary to maintain a repository for technical and safety
data collected through federally funded intelligent
transportation system projects. The Secretary may delegate this
responsibility to an entity outside of the Department of
Transportation.
House bill
Subsection 653(d) requires the Secretary to establish and
maintain a repository for technical and safety data collected
through federally funded intelligent transportation system
projects. The Secretary may delegate this responsibility to an
entity outside of the Department of Transportation.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantively equivalent.
Advisory Committees
Senate amendment
Section 532, 23 U.S.C., as proposed, requires the
Secretary to use one or more advisory committees, and specifies
that any advisory committee so used shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
House bill
Subsection 653(e) allows the Secretary to use advisory
committees when carrying out the intelligent transportation
systems program. This subsection also specifies that the
Federal Advisory Committee Act applies and that any advisory
committees on intelligent transportation systems shall be
funded through specific provisions in Appropriations Acts and
from funds allocated for research, development, and
implementation of the intelligent transportation systems
program.
Conference substitute
The Conference adopts the House provision with a
modification: the direction regarding funding for advisory
committees is dropped.
Procurement Methods
Senate amendment
Subsection 523(c), 23 U.S.C., as proposed, directs the
Secretary to develop technical assistance and guidance to
assist State and local agencies in selecting appropriate
methods of procurement for intelligent transportation system
projects, including innovative and nontraditional methods.
House bill
Subsection 653(h) directs the Secretary to develop
technical assistance and guidance to assist State and local
agencies in selecting appropriate methods of procurement for
intelligent transportation system projects, including
innovative and nontraditional methods. This subsection also
directs contracting officials to use a standard risk assessment
methodology to reduce the cost, schedule, and performance risks
associated the development and use of intelligent
transportation systems software.
Conference substitute
The Conference adopts the House provision with a
modification: Information Technology Omnibus Procurement is
listed as a type of innovative or nontraditional procurement
method addressed by this subsection.
Evaluations
Senate amendment
Subsection 524(c), 23 U.S.C., as proposed, directs the
Secretary to establish guidelines and requirements for the
evaluation of intelligent transportation systems operational
tests and deployment projects. These guidelines and
requirements are to ensure objectivity and independent of the
evaluator. This subsection also limits the percentage of test
or project funds which may be spent on evaluations and
specifies different percentages for projects and tests of
different sizes. This subsection also specifies that the
Paperwork Reduction Act, chapter 35 of title 44, U.S.C., shall
not apply to any survey, questionnaire, or interview conducted
in connection with the evaluation of any test or project
carried out under this program.
House bill
Subsection 653(d) directs the Secretary to issue
guidelines and requirements for the evaluation of intelligent
transportation systems operational tests. These guidelines and
requirements are to ensure objectivity and independence of the
evaluator. Operational tests need to be designed for the
collection of data and the preparation of reports to permit
objective evaluation of the success of the tests and the
derivation of cost-benefit information and life-cycle costs
that will be useful to others contemplating the purchase of
similar systems.
Conference substitute
The Conference adopts the Senate provision with
modifications. The Secretary is directed to issue, rather than
establish, the guidelines and requirements and the funding
limitation provisions are replaced with a requirement that the
guidelines and requirements issued under this subsection also
establish appropriate evaluation funding levels. The exemption
from the Paperwork Reduction Act is retained.
National ITS Program Plan
Senate amendment
Paragraph 524(b)(5), 23 U.S.C., as proposed, requires the
Secretary to submit a 6-year plan to Congress within 1 year of
enactment and annually thereafter. This plan is to specify
program goals, objectives, and milestones and progress made in
meeting them.
House bill
Section 654 requires the Secretary to maintain and update
a National ITS Program Plan developed by the Department and the
Intelligent Transportation Society of America. This section
specifies the scope and required components of the plan
including program goals, objectives, and milestones and how
specific programs and projects relate to those goals over 5,
10, and 20-year time frames. The plan is also to provide for
the development of standards to promote interoperability and
establish a process for incorporating intelligent
transportation systems technologies into more broad-based
surface transportation systems. Reporting to Congress under
this section may be consolidated with the integrated Surface
Transportation Research and Development Strategic Plan.
Conference substitute
The Conference adopts the House provision with several
modifications. The goals, objectives and milestones are to be
established for both research and deployment of intelligent
transportation systems and consideration of a 20-year time
frame for these goals is not required. The plan is to identify
activities relevant to the development of standards, including
actions that will lead to the establishment of critical
standards. The substitute requires that principal findings made
in carrying out the plan be transmitted and updated as part of
the Integrated Surface Transportation Research and Development
Strategic Plan.
National Architecture and Standards
Senate amendment
Section 529, 23 U.S.C., as proposed, requires the
Secretary to develop, implement, and maintain a national
architecture to guide nationwide deployment of intelligent
transportation systems and to set standards and protocols to
promote the widespread use of these technologies and to ensure
interoperability. The Secretary is authorized to use standards-
setting organizations in carrying out section. The section
requires the Secretary to identify critical standards needed to
ensure interoperability on a nationwide basis. If one of these
critical standards is not adopted by January 1, 2001, the
Secretary is required to establish a provisional standard, but
a provisional standard would only remain in effect until the
appropriate standards-setting organization adopted and
published a standard concerning the same subject matter. In
addition, the Secretary may waive this requirement as long as a
report on the reasons for the waiver and impacts of a delay in
setting a particular standard is submitted to Congress. For
each standard subject to a waiver, the Secretary is required to
submit a progress report to Congress every six months. This
section also prohibits the use of funds made available from the
Highway Trust Fund on intelligent transportation system
technology if the technology does not comply with each relevant
provisional and completed standard, but exception is made for
intelligent transportation systems deployments already in
place. Finally, this section directs the Secretary of Commerce
and the Federal Communications Commission to allocate spectrum
for the near-term establishment of a dedicated short-range
vehicle-to-wayside wireless standard and any other spectrum
critically needed for the intelligent transportation systems
program.
House bill
Subsection 653(b) requires the Secretary to develop,
implement, and maintain of a national architecture to guide
nationwide deployment of intelligent transportation systems and
to set standards and protocols to promote the widespread use of
these technologies and to ensure interoperability. The
Secretary is authorized to use standards-setting organizations
in carrying out this subsection. This subsection directs the
Secretary of Transportation, in consultation with the Secretary
of Commerce, the Secretary of Defense, and the Federal
Communications Commission, to take all necessary steps to
secure spectrum for the near-term establishment of a dedicated
short-range vehicle to wayside wireless standard.
Conference substitute
The Conference adopts the Senate provision with
modifications. In establishing the national architecture along
with the standards and protocols, the Secretary is to comply
with section12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note; 11 Stat. 783). This
provision requires all Federal agencies and departments to use
technical standards that are developed or adopted by voluntary
consensus standards bodies, unless to do so would be inconsistent with
applicable law or otherwise impractical. It is clarified that the
report identifying critical standards and their stage of development is
to be submitted to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure and the
Committee on Science of the House of Representatives. The Secretary is
authorized to establish provisional standards if such action is
necessary to ensure progress in achieving the purposes identified in
this section for establishing a national architecture and standards and
the Secretary is required to adopt a provisional standard if a standard
identified as critical is not set by January 1, 2001. But, the
Secretary may waive this requirement upon finding that additional time
would be productively used or establishment of a provisional standard
would be counter-productive. Provisional standards are to be published
and will remain in effect until applicable standards to replace them
are set by the appropriate standards development organization. Waivers
of the provisional standard requirement and withdrawals of such waivers
are also to be published. The requirement that intelligent
transportation systems projects funded from the Highway Trust Fund must
conform to the national architecture and applicable standards is
retained. The exceptions for operations and maintenance of intelligent
transportation systems projects already in existence is retained as is
the exception, at the discretion of the Secretary, for the upgrade or
expansion of such projects. Another exception for projects designed to
achieve specific research objectives, at the discretion of the
Secretary, is added. The Federal Communications Commission is directed
to consider, in consultation with the Secretary of Transportation, the
spectrum needs of intelligent transportation systems and is required to
complete a rulemaking considering the allocation of spectrum for
intelligent transportation systems by January 1, 2000.
Research and Development
Senate amendment
Section 524, 23 U.S.C., as proposed, requires the
Secretary to undertake comprehensive research, development,
testing, and technical assistance to carry out the purposes of
the intelligent transportation systems programs. This research
and development is to advance development of an integrated
intelligent vehicle program and an integrated intelligent
infrastructure program to advance roadway safety and efficiency
systems, mobility and the quality of the environment. This
section requires activities to be consistent with the national
architecture and priorities include crash avoidance and the
integration of air bag technology with other on-board safety
systems. The federal share for these projects is 80 percent,
but the Secretary apply a federal share of 100 percent to high-
risk projects. Subsection (f) includes limitations on the
amounts of funding that may be used for research activities
that improve crash avoidance and the integration of airbags and
other on-board safety systems, advance development of an
automated highway system, and activities that improve traffic
management.
House bill
Subsection 655(c) authorizes the Secretary to fund
research and operational tests regarding intelligent
transportation systems technology. Subsection 655(d) allows the
Secretary to use funds to conduct research and demonstrations
of integrated vehicle and roadway safety systems, including
infrastructure-based, in-vehicle, and integrated collision
avoidance systems. The section includes research on advanced
traffic management technologies, including the use of fiber
optic cables and video, to monitor and control traffic flow and
volume; research on magnetics and advanced materials;
fundamental research on the science of the driving process and
other human factors to complement the applied research efforts
of the industry in this area; and research on the impact of
cold weather climates on ITS in areas such as traction
enhancement while on ice and snow, braking, and visibility
enhancement both of intersections and sign.
Conference substitute
The Conference adopts a blend incorporating aspects of
both the House and Senate provisions. This section requires the
Secretary to carry out a comprehensive program of intelligent
transportation systems research, development, and operation
tests and demonstrations of intelligent vehicles and
infrastructure systems. The list of priorities includes traffic
management, incident management, crash-avoidance and
integration of in-vehicle crash protection technologies, human
factors research, integration of intelligent vehicles and
infrastructure, and research on the impact of the environment
on intelligent transportation systems. Operational tests are to
be designed for the collection of data allowing for objective
evaluation of the test results. The Federal share of
operational tests and demonstrations is not to exceed 80
percent.
Intelligent Transportation System Integration Program
Senate amendment
Section 525, 23 U.S.C., as proposed, directs the
Secretary to conduct a comprehensive program to accelerate the
integration and interoperability of intelligent transportation
systems in metropolitan areas by funding deployment projects
that illustrate the benefits of intelligent transportation
systems technologies. This section includes a list of
priorities the Secretary is to consider in selecting projects.
The Secretary is required to encourage private sector
involvement through public-private partnerships and other
innovative financial arrangements. In addition, funding
recipients are required to submit multi-year financing and
operations plans describing how the project can be cost-
effectively operated and maintained.
Section 526, 23 U.S.C., directs the Secretary to conduct
a comprehensive program to accelerate the integration and
inteoperability of intelligent transportation systems in rural
areas by funding deployment projects that illustrate the
benefits of intelligent transportation systems technologies.
This section includes a list of priorities the Secretary is to
consider in selecting projects. The Secretary is required to
encourage private sector involvement through public-private
partnerships and other innovative financial arrangements. In
addition, funding recipients are required to submit multi-year
financing and operations plans describing how the project can
be cost-effectively operated and maintained.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with the
primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at least
25 percent of funds made available to carry out this section be
used for commercial vehicle intelligent transportation systems
projects and that not less than 10 percent be used for projects
outside of metropolitan areas. In addition, this section sets
limits on how much funding can be spent on certain types of
projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates sections 525 and
526, 23 U.S.C., as proposed, from the Senate bill and directs
the Secretary to conduct a comprehensive program to accelerate
the integration and interoperability of intelligent
transportation systems in metropolitan and rural areas by
funding deployment projects that illustrate the benefits of
intelligent transportation systems technologies. The substitute
also includes a list of priorities, based on both the House and
Senate bills, that the Secretary is to consider in selecting
projects, including any contribution to national program plan
goals, demonstration of a cooperation among different agencies,
jurisdictions, and the private sector, encouragement of private
sector involvement, inclusion in approved state or metropolitan
plans, and assurance of continued, long-term operations and
maintenance without continued reliance on Federal funding. The
substitute requires that funds for projects in metropolitan
areas be used primarily for integration purposes, whereas in
rural areas, funds may be used for installation of intelligent
transportation systems infrastructure. In addition, the
substitute includes the House provision requiring that not less
than 10 percent be used for projects in rural areas. The
Federal share of projects payable from funds made available
under this section is set at 50 percent, but the total Federal
share payable from all eligible sources (including this
section) may not exceed 80 percent.
Commercial Vehicle Intelligent Transportation System Infrastructure
Deployment
Senate amendment
Section 527, 23 U.S.C., as proposed, establishes a
program to deploy intelligent transportation systems that
improve the safety and productivity of commercial motor
vehicles and drivers and that reduce administrative costs
associated with commercial vehicle operations. This section
focuses on improving the safety of commercial vehicles
operations by funding activities that, for example, assist in
the identification of unsafe carriers, vehicles, and drivers
and that advance on-board driver and vehicle-safety monitoring
systems. Other priorities include improving the electronic
processing of registration, licensing, inspection, tax and
crash data, the exchange of this information among the States,
and the effectiveness and efficiency of enforcement efforts.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with the
primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at least
25 percent of funds made available to carry out this section be
used for commercial vehicle intelligent transportation systems
projects and that not less than 10 percent be used for projects
outside of metropolitan areas. In addition, this section sets
limits on how much funding can be spent on certain types of
projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute establishes a deployment program
to promote intelligent transportation systems that improve the
safety and productivity of commercial vehicles and drivers and
that reduce administrative costs. The program's purpose is to
advance the technological capability and deployment of
intelligent transportation systems applications to commercial
vehicle operations, including commercial vehicle information
systems and networks (CVISN). This section also includes a list
of priorities the Secretary is to consider in selecting
projects, including the extent to which a project encourages
multistate cooperation, improves safety, increases regulatory
efficiency, advances electronic processing of data, and
promotes the exchange of information among States. In addition,
the substitute directs that Federal funds should be used for
activities that are not being carried out with private funds.
The Federal share of projects payable from funds made available
under this section is set at 50 percent, but the total Federal
share payable from all eligible sources (including this
section) may not exceed 80 percent.
Authorizations and Limitations
Outreach and Public Relations
Senate amendment
Subsection 530(d), 23 U.S.C., as proposed, limits the
amount of funding available for outreach, public relations,
training, mainstreaming, shareholder relations, or related
activities.
House bill
The House bill contains no comparable provision.
Conference substitute
The conference report adopts the Senate provision with
modifications. The limitation on funds is reduced to $5,000,000
per year, and this limitation applies specifically only to
outreach, public relations, displays, scholarships, tours, and
brochures and the substitute provision specifies that this
limitation does not apply to intelligent transportation systems
training, the publication or distribution of research finding,
technical guidance, or similar documents.
Infrastructure Development
Senate amendment
Subsection 530(c), 23 U.S.C., as proposed, prohibits the
use of intelligent transportation system funds for the
construction of highway or transit infrastructure unless the
construction is incidental and critically necessary to the
implementation of an intelligent transportation system project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Life Cycle Cost Analysis and Financing and Operations Plan
Senate amendment
Subsections 525(d) and 526(d), 23 U.S.C., as proposed,
recipients funding for projects under the intelligent
transportation systems integration program and the integration
program for rural areas are required to submit multi-year
financing and operations plans describing how each project can
be cost-effectively operated and maintained.
House bill
Subsection 653(g) requires life-cycle cost analyses of
intelligent transportation systems projects costing over $3
million.
Conference substitute
The Conference adopts a provision combining the House and
Senate provisions. The substitute requires applicants for funds
under the intelligent transportation systems integration
program and the commercial vehicle intelligent transportation
system infrastructure deployment programs to submit life-cycle
cost analyses of intelligent transportation systems projects
costing over $3 million and, for every project, multiyear
financing and operations plans describing how the project will
be cost-effectively operated and maintained.
Definitions
Senate amendment
Section 522, 23 U.S.C., as proposed, defines the
following terms for purposes of this subchapter: commercial
vehicle information systems and networks, commercial vehicle
operations, completed standard, corridor, intelligent
transportation system, national architecture, provisional
standard, and standard.
House bill
Section 651 defines the following terms for purposes of
this subtitle: intelligent transportation systems (ITS),
intelligent transportation infrastructure, Secretary, and
State.
Conference substitute
The Conference adopts both the Senate and House
provisions with following modifications. Definitions for the
terms ``completed standard'' and ``provisional standards'' in
theSenate bill are not adopted and the definition for the term
``Secretary'' in the House bill is not adopted. The definition for the
term ``intelligent transportation system'' is substantively equivalent
in both bills and is adopted.
Repeal
Senate amendment
Section 2104 repeals the intelligent transportation
systems programs that were established under the Intermodal
Surface Transportation Efficiency Act (ISTEA) as they are
superseded by the new programs in this [subtitle/subchapter]
House bill
Subsection 658 repeals the intelligent transportation
systems programs that were established under the Intermodal
Surface Transportation Efficiency Act (ISTEA) as they are
superseded by the new programs in this [subtitle/subchapter].
Conference substitute
The Conference finds the provisions in both the House and
Senate to be substantively equivalent.
Project Funding
House bill
Sec. 632(b)(5) requires the Secretary to carry out a
transportation technology innovation and demonstration program
concerning the use of hazardous materials monitoring systems.
The Secretary is required to conduct research on applying
methods of deploying and integrating ITS or hazardous materials
monitoring systems across various modes of transportation. The
provision makes available for each of the fiscal years 1998
through 2003 $1.5 million per fiscal year.
Senate amendment
No comparable provision.
Conference substitute
The Conference adopts the House provision.
In conducting the research provided for in Section
5212(a), the Secretary should award funds to develop and deploy
a fully integrated and unique Hazardous Materials Incident
Management System designed to facilitate emergency response to
hazardous materials incidents and safer, more efficient
movement of hazardous materials across various modes of
transportation.
Specifically, the funds authorized in this section are
intended for further development and use of the Cargo Mate
cargo identification and monitoring system, which provides for
interoperability with existing fleet communications and
management systems, real-time vehicle container, pallet cargo
identification, location and monitoring. The integrated and
consolidated Hazardous Materials Incident Management System
should then be incorporated into current and future Traffic
Management Centers to support safe movement of hazardous
materials throughout the intermodal process.
In developing this system, consideration should be given
to additional technologies, including advanced information
processing technologies, which support emergency response, law
enforcement, and regulatory resources.
House bill
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
No provisions comparable.
Sec. 4101 to 4104 of the Senate Amendment
The Conferees note that in March 1998, the National
Research Council's Committee on Research Priorities for
Airborne Particulate Matter issued the first in a series of
reports on research priorities relevant to settling particulate
matter standards. This report addresses a number of issues,
including whether the monitoring network necessary to implement
the new National Ambient Air Quality Standard fine particulate
(PM2.5) is designed to
(1) support relevant health effects, exposure, and
atmospheric-modeling research efforts;
(2) use the appropriate number of continuous
(hourly) monitors to determine the time of day and
exposure of people who are commuting, working, or
exercising outdoors; and
(3) use sufficient chemical characterization of
particulate matter to enable testing of more specific
indicators than PM2.5 mass alone.
The Conferees urge the Administrator to consider the
recommendations contained in the Committee's March 1998 report.
The Conferees further urge the Administrator to ensure, as
appropriate, that the plans for the national monitoring network
necessary to implement the National Ambient Air Quality
Standard for PM2.5 is peer-reviewed by the Clean Air Scientific
Advisory Committee at an early date while the opportunity still
exists for such review to influence the monitoring network
design and operations.
The Conferees are aware that certain nonattainment areas
in Western Pennsylvania have experienced difficulty in meeting
the one-hour, 0.12 part per million standard for ozone because
of pollution which did not originate in the nonattainment area.
The Conferees urge EPA to continue its efforts to avoid
``bumping up'' nonattainment areas in Pennsylvania to a higher
nonattainment status or ozone.
The Conferees recognize that the Regional Haze regulation
has not been finalized and the Administrator of the
Environmental Protection Agency (EPA) is still considering the
views of various stakeholders. The Conferees agree with EPA's
public statements that the schedule for the State
Implementation Plan due pursuant to section 169B(e)(2) of the
Clean Airport Act should be harmonized with the Schedule for
State Implementation Plan submissions required for PM2.5.
ambient air quality standard promulgated in July, 1997.
Conference substitute
Adopts the Senate provison.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Automatic Crash Protection Unbelted Testing Standard
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate amendment ensures that the
current testing standard for air bags is designed to ensure the
optimal protection and safety for all occupants, including
infants, children, and other occupants.
Conference report
The conference report does not include the provision.
Improving Air Bag Safety
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate bill directs the Secretary of
Transportation to undertake rulemaking to improve the
protection afforded vehicle occupants by Motor Vehicle Safety
Standard No. 208. The purpose of the rulemaking would be to
improve the efficiency and protection accorded by occupant
protection devices while attempting to minimize any potential
risk associated with air bags to infants, children, and other
occupants. During the development of a rule to improve the
safety of air bags, the barrier test using unbelted 50th
percentile adult male dummies would be suspended. The Secretary
would be required to begin the rulemaking by June 1, 1998, and
to issue a final rule by June 1, 1999, with a one-year
extension permitted upon the Secretary's advising Congress of
the need for an extension. The rule would require such tests as
the Secretary determines to be reasonable, practicable, and
appropriate, including tests using dummies of different sizes.
The requirements of the new standard would become
effective in phases, beginning between September 1, 2001 and
September 1, 2002, and concluding not later than September 1,
2005, with discretion given the Secretary for a one-year
extension. Any extension would require a joint resolution of
Congress. The Secretary would be required to report to Congress
within six months of enactment on the development of technology
to improve the protection given by air bags and to reduce the
risks from air bags, including information on the performance
characteristics of advanced air bags, their estimated cost,
their estimated benefits, and the time within which they could
be installed in production vehicles.
Conference report
The conferees agree to include a new subtitle addressing
automobile safety and information issues. In addition to
addressing the Senate bill's provisions regarding air bags, the
subtitle also includes many of the provisions contained in H.R.
2691, the National Highway Traffic Safety Administration
Reauthorization Act of 1998, which passed the House on April
21, 1998, by voice vote.
Section 7101 establishes the short title for the
subtitle, the ``National Highway Traffic Safety Administration
Reauthorization Act of 1998.''
Section 7102 authorizes funds for those NHTSA's
automobile safety and information programs. For Fiscal Years
1999 through 2001, the legislation authorizes $81.2 million
each year for motor vehicle safety activities, and $6.2 million
for motor vehicle information activities. These amounts are
equivalent to the Administration's budget request.
Section 7103 contains provisions intended to improve air
bag safety. Subsection (a) directs the Secretary to issue a
notice of proposed rulemaking by September 1, 1998 to improve
occupant protection for occupants of different sizes, belted
and unbelted, under Federal Motor Vehicle Safety Standard
(FMVSS) No. 208 while minimizing the risk to infants, children,
and other occupants from any risks associated with air bags, by
means that include advanced air bags. The Secretary is required
to issue a final rule no later than September 1, 1999, unless
the Secretary determines that the final rule cannot be
completed by that date, in which case the Secretary must
promulgate the final rule no later than March 1, 2000. The
final rule must be consistent with both the requirements of
this section and 49 U.S.C. Sec. 30111, which specifies the
requirements for motor vehicle safety standards. The Conferees
note that air bags do not substitute for lap and shoulder belts
and all occupants should always wear lap and shoulder belts
regardless of whether there is an inflatable restraint in the
vehicle.
The Secretary is directed to make the final rule
effective in phases as rapidly as practicable beginning not
earlier than September 1, 2002 or at least 30 months after the
date on which the Secretary promulgates the final rule, but in
any case, not later than September 1, 2003. The rule is to be
fully effective for all passenger motor vehicles, multipurpose
passenger vehicles, and other vehicles identified in 49 U.S.C.
Sec. 30127(b) manufactured on or after September 1, 2005. If
the Secretary issues the final rule on September 1, 2003, the
date for full compliance may be extended to September 1, 2006.
The availability of the current sled test certification option
available under FMVSS 208 (S13) remains in effect unless and
until phased out according to the schedule in the final rule.
The Secretary is also directed to include in the notice of
proposed rulemaking means by which manufacturers may earn
credits for early compliance with the final standard issued by
the Secretary.
Subsection (b) provides that any government advisory
committee, task force, or other entity include representatives
of consumer and safety organizations, insurers, manufacturers,
and suppliers.
Section 7104 prohibits the use of funds appropriated to
NHTSA for the purpose of urging a State or local legislator to
favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislature.
Subsection (b) clarifies that officers or employees of the
United States are not prohibited from testifying before any
state or local legislature in response to the invitation of a
member of such body or a State executive office. The provision
is not intended to prohibit the Agency from informing State or
local legislators about the prudence of a particular policy
choice, but rather is intended to limit the Agency's ability to
lobby a particular piece of legislation before a State or local
legislature. Thus, under this provision, NHTSA could continue
to testify before any State or local legislative body and
inform State and local officials about the merits of a
particular course of action. A NHTSA official could even appear
before a committee of a State legislature to testify that NHTSA
believes that enactment of primary enforcement seat belt laws
results in fewer highway fatalities. NHTSA could, in fact,
testify that it favors general efforts to enact primary
enforcement seat belt laws and opposes general efforts to
repeal such laws. However, a NHTSA official could not, through
the use of government resources, ask an individual State or
local legislator, or any group of State or local legislators,
to vote act on a particular pending measure.
Subsection 7105(a) is intended to eliminate the need for
two odometer disclosures in certain transactions involving
rental car companies, dealers, and automobile manufacturers by
exempting the transfer of new motor vehicles from a
manufacturer jointly to a dealer and a rental car company.
Subsection (b) responds to several recent Federal District
Court decisions holding the NHTSA does not have authority to
exempt vehicles from the odometer disclosure requirements, even
when the purchasers of such vehicles rely on service records
rather than odometers to indicate wear and tear, such as in the
care of heavy trucks. This subsection specifically grants NHTSA
such authority.
Section 7106 makes several miscellaneous changes to title
49, United States Code, withrespect to NHTSA's authorizing
statutes. These changes in subsections (a) through (c) were requested
by the Administration. Subsection (a) closes a loophole which allows
auto parts stores and retailers to continue to sell defective equipment
even though motor vehicle dealers would be prohibited from selling the
same item. This provision includes retailers of motor vehicle equipment
in the prohibition on selling defective items of equipment.
Subsection (b) amends 49 U.S.C. 30123 (``Tires''), to
repeal subsections (a) (``Labeling Requirement''), (b)
(``Contents of Label''), and (c) (``Additional Information'').
Under section 30123(a), the Secretary must require
manufacturers of pneumatic tires to ``permanently and
conspicuously'' label their tires with specified information
under section 30123(b) about the construction of the tires and
the identity of the manufacturer. Section 30123(c) gives the
Secretary discretionary authority to require that additional
safety information be disclosed to a purchaser when a tire is
sold.
Subsection (c) amends 49 U.S.C. 30127(g) to increase the
reporting interval on the effectiveness of occupant restraint
systems from every six months to annually. The Administration
expressed concern that the six-month interval was too short a
time frame in which to provide meaningful data to Congress.
Subsection (d) amends the American Automobile Labeling
Act (49 U.S.C. Sec. 30204) to make certain changes in the
labeling requirement and the domestic content calculations.
Subparagraph (1)(A) provides that the labor value of engine and
transmission production is also included in the engine and
transmission origin determination and subparagraph (1)(B)
codifies certain regulations which permit labor costs of parts
manufactured at the same location as final vehicle assembly to
be included in the vehicle's overall content calculation,
provided it does not occur during vehicle assembly.
Subparagraph (1)(C) institutes a tiered system for accounting
for the domestic content of parts manufactured by outside
suppliers. Under this subparagraph, supplies would report
content to the nearest five percent. For instance, 38 percent
would be reported to the manufacturer as 40 percent, rather
than zero as under current law.
Paragraph (2) permits vehicle manufacturers to
voluntarily add a line to the label stating the country in
which vehicle final assembly took place. Paragraph (3) permits
manufacturers, on a voluntary basis, to separately display the
domestic content of a particular vehicle, based on its assembly
plant. This information must be reported in addition to the
carline average percentage. Paragraph (4) codifies existing
regulations permitting manufacturers to estimate, based upon
best available information, the content of no more than 10
percent of the vehicle's parts, when suppliers fail to report
such information. Paragraph (5) permits manufacturers to
default the value of certain small parts, such as nuts, bolts,
clips, screws, and pins, to the country of manufacture.
Subsection (e) directs NHTSA to conduct a study of the
benefits to motor vehicle drivers of a regulation to require
the installation of a device in the trunk compartment to
release the trunk lid.
Section 7107 reinstates NHTSA's authority to exempt
certain motor vehicles imported for the purpose of show or
display from certain applicable motor vehicle safety standards.
Such authority was unintentionally deleted when title 49,
United States Code was recodified in 1988.
Subtitle B
Sec. 7201. High Speed Rail
House bill
Subsection (a) of Section 901 authorizes $10 million in
each of fiscal years 1998 through 2001 for high speed rail
corridor planning activities and $25 million in each of fiscal
years 1998 through 2001 for high speed rail research and
development under the Swift Rail Development Act of 1994.
Subsection (b) defines high speed rail to include maglev
systems.
Senate amendment
No comparable provision.
Conference substitute
Adopts the House provision. The conferees also reaffirm
the intention of the Swift Rail Development Act, that planning
for improvements to rail infrastructure that would provide
incremental speed increases toward achieving speeds of 125 mph
or more are fully eligible for federal assistance under the
conditions specified in the Act. Efforts to plan for near-term
improvements that would achieve substantial speed increases,
although not necessarily to a true high speed level of 125 mph,
fall in this category.
Sec. 7202. Light Density Rail Line Pilot Projects
House bill
Section 902 authorizes $25 million for each of fiscal
years 1998 through 2003 for grants to states to fund pilot
projects for making capital improvements to publicly and
privately owned rail line structures on light-density rail
lines. The purpose of the pilot projects is to demonstrate the
relationship of light density railroad service to the statutory
responsibilities of the Secretary of Transportation, including
those under Title 23.
Senate amendment
Sec. 3701 is identical to the House provision, except
funding is authorized at $10 million for each of fiscal years
1998 through 2003, instead of $25 million.
Conference substitute
Retains the authorization structure of both the House and
Senate provisions, but provides for funding at a level of $17.5
million per fiscal year.
Sec. 7203. Railroad Rehabilitation and Improvement Financing
House bill
Section 906(a) modifies the existing railroad
infrastructure loan program contained in Title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) to bring the program in line with the
Credit Reform Act of 1990. Projects eligible for loan
assistance under the program would include acquisition,
improvement or rehabilitation of intermodal or rail equipment
and facilities, refinancing of debt incurred for the
aforementioned purposes, and development or establishment of
new intermodal or railroad facilities. Operating expenses would
not be eligible for loan assistance. Subsection (a) also limits
the aggregate unpaid principal amounts of obligations under
direct loans and loan guarantees to $5 billion at any one time.
One billion dollars of this five billion is to be reserved
solely for projects primarily benefiting freight railroads
other than Class I carriers. In addition, subsection (a) allows
the Secretary of Transportation to accept credit risk premiums
from non-Federal sources to support loans and loan guarantees
made under this section.
Subsection (b) makes technical and conforming changes and
includes a savings provision requiring that transactions
entered into under Title V of the Regulatory Reform Act of 1976
before the date of enactment of BESTEA shall be administered
until completion under its terms prior to the amendments made
by BESTEA.
Senate amendment
No comparable provision.
Conference substitute
Adopts the structure of the House provision, but with
revisions to the statement of priorities in section 7202(c),
technical changes to conform to the 1997 amendments to the
Credit Reform Act, and with the total authorization for face
amounts of loans in subsection (d) limited to no more than $3.5
billion.
Sec. 7204. Alaska Railroad
House bill
Section 904(a) provides that the Secretary may make
grants to the Alaska Railroad for capital rehabilitation and
improvement to its passenger service.
Subsection (b) authorizes $5,250,000 to be appropriated
for such purposes for each of fiscal years 1998 through 2003.
Senate amendment
No comparable provision.
Conference substitute
Adopts the House provision.
Miami-Orlando-Tampa Corridor Project
House bill
Section 903 authorizes a general fund grant of $200
million to be made available to the Florida Department of
Transportation to reimburse the Florida Overland Express (FOX)
project in the Miami-Orlando-Tampa corridor for capital costs
of that project.
The state of Florida is planning a high-speed rail system
in the Miami-Orlando-Tampa corridor that calls for a 320-mile
system that would operate on dedicated tracks with no rail/
highway crossings. Operating speeds would be over 185 miles per
hour.
Senate amendment
No comparable provision.
Conference substitute
No provision.
Railway Highway Crossing Hazard Elimination in High Speed Rail
Corridors
House bill
Section 905 authorizes $5,250,000 for each of fiscal
years 1998 through 2003 to carry out section 104(d)(2) of title
23.
Senate amendment
Sec. 1402 authorizes $15,000,000 for each of fiscal years
1998 through 2003 for hazard elimination in high-speed rail
corridors.
Conference substitute
No provision. Funding for grade crossing assistance is
addressed in the non-rail titles of the legislation.
House bill
No provision.
Senate amendment
Section 3506 amends section 20901(a) of Title 49 to
require railroads to file periodic reports with the Secretary
on all accidents and incidents resulting in injury or death of
an individual, or damage to equipment. Eliminates current
requirement that reports be notarized and allows the
Administrator to require reports less frequently than monthly.
Conference substitute
No provision. The conferees contemplate addressing these
issues in the pending reauthorization of the rail safety
programs of the Federal Railroad Administration.
House bill
No provision.
Senate amendment
Included at the Administration's request, sections 3501
through 3504 impose penalties for willful sabotage of or
interference with railroad equipment, infrastructure or
personnel. Also imposes penalties on anyone who knowingly
possesses or causes to be present any firearm or other
dangerous weapon on board a passenger train.
Conference substitute
No provision.
Subtitle C--Comprehensive One-call Notification
House bill
No provision.
Senate amendment
Section 3301 contains several findings that unintentional
damage to underground facilities during excavation is a
significant cause of disruptions; that excavation performed
without prior notification or with inaccurate marking causes
damage that can result in fatalities; and, that protection of
the public and the environment from the consequences of
underground facility damage will be enhanced by a coordinated
national effort to improve one-call notification programs.
Section 3302 establishes a new chapter, which would be
chapter 61, in Subtitle III of title 49, United States Code.
The purposes of chapter 61, as set forth in 6101, are to
enhance public safety; protect the environment; minimize risks
to excavators; and prevent disruption of vital public services
by improving one-call notification programs.
The new section 6102 defines a one-call notification
system as a system operated by an organization that has as one
of its purposes the receipt of notification from excavators of
their intent to excavate in a specified area and the
notification of underground facility operators so that they can
locate and mark their lines in the area scheduled for
excavation. The definition includes statutes, regulations,
orders, and other elements of law and policy in effect that
establish one-call notification system operation requirements
within a State.
The new section 6103 also outlines minimum components
that one-call notification programs should cover, including the
appropriate participation by all underground facility
operators, all excavators, and flexible and effective
enforcement mechanisms governing participation in, and use of,
one-call notification systems. In making a determination on the
appropriate extent of participation required by underground
facilities or excavators, the section requires a State to
assess, and take into consideration, the risks to public
safety, excavators, the environment, and vital services posed
by underground facility damage and the actions of excavators.
The new section 6103 would further provide that a state
could allow voluntary participation in one-call notification
systems when it determines that certain types of underground
facilities or excavation activities pose a de minimis risk to
public safety or the environment. The section requires one-call
notification programs to include administrative or civil
penalties commensurate with the seriousness of a violation,
increased penalties for parties that repeatedly damage
underground facilities because they neglect to use one-call
notification systems or fail to provide timely and accurate
marking of underground facilities. The section allows states to
reduce or waive penalties when underground facility damage is
promptly reported.
The new section 6104 establishes a two-year program
whereby states could apply for grants upon a showing that the
state's one-call notification program meets the minimum
standards outlined in the bill. The section further provides
that a state providing for greater protection than the minimum
standards criteria established in the legislation would also be
eligible to receive grants. The new section 6104 would also
require the Secretary to include, three years after the
enactment of this legislation, additional information on one-
call notification programs in the biennial report on gas and
hazardous liquids.
The new section 6105 requires the Secretary of
Transportation to initiate a study of the best practices
employed by one-call notification systems in operation in the
States. If a study is undertaken, the Secretary is required to
report on the best practices identified and encourage their
adoption in the States. The Secretary is authorized to suspend
with the report if the Secretary determines that the
information is already readily accessible.
The new section 6106 would authorize the Secretary to
make grants to improve one-call notification systems, and
should take into account the commitment of each state in
improving its program, in awarding grants. The provision also
authorizes a state to convey its funds directly to any one-call
notification system that adopts the best practices established
under 6105. The new section neither opens nor closes the door
to having one or more one-call system. Most states have a
single one-call system, but several have more than one, this
determination will remain a state's choice.
The new section 6107 would authorize up to $1,000,000 and
$5,000,000 in fiscal years 2000 and 2001 out of general revenue
funds.
Section 3302 also made conforming changes to the table of
chapters for subtitle III, and certain conforming changes to
the existing one-call notification systems language of 49
United States Code 60114.
Conference substitute
The Conference adopts the Senate provisions with
modifications. The Conference stresses that untimely marking of
underground facilities, as well as the findings contained in
the Senate provision, also cause underground facility damage.
The Conference also clarifies that compliance with the
minimum standards outlined in sections 6103 and 6104 would only
be required when applying for a grant under the new section
6106. The Conference also modifies the Senate language to
require the Secretary to encourage states to adopt the most
successful practices of one-call notification systems as
determined the most appropriate by each state. The Conference
also modifies language in the newly added section 6108 to
clarify that nothing in the new chapter 61 preempts any
existing state law, or would require a state to modify or
revise existing one-call notification systems. The Conference
also retains 49 U.S.C. 60114.
Subtitle D--Sportfishing and Boating Safety
House bill
Title VIII of H.R. 2400, contains amendments related to
the Coast Guard's Recreational Boating Safety Program. Section
801 of H.R. 2400 provides that title VIII of H.R. 2400 may be
cited as the ``Recreational Boating Safety Improvement Act of
1998.''
Section 802 of H.R. 2400 contains amendments to chapter
131 of title 46, United States Code, regarding the recreational
boating safety state grant program administered by the Coast
Guard. Section 802(a) of this title amends section 13106(a) of
title 46, United States Code, to allow the Secretary of
Transportation to expend each fiscal year the total amount
transferred to the Boat Safety Account under section 9503(c)(4)
of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) for
State recreational boating safety programs. Under amendments
contained in section 1104(a)(2) of H.R. 2400, the amount
transferred to the Boat Safety Account is equivalent to one-
half of the total amount received as motorboat fuel taxes
during the preceding fiscal year. Section 802(a) of this bill
also amends section 13106(c) of title 46 to establish two
additional boating safety purposes for which funds are made
available to the Secretary from amounts transferred to the Boat
Safety Account. These additional purposes are: (1) up to two
percent is available to the Secretary for compliance with
chapter 43 of title 46, relating to safety standards for
recreational vessels and associated equipment; and (2) up to
three percent is available to the Secretary to establish,
operate, and maintain aids to navigation that promote
recreational boating safety.
Section 802(b) amends section 13103(c) of title 46 to
require the Secretary of Transportation to conduct and report
to Congress the findings of a comprehensive survey of
recreational boating in the United States, by not later than
December 1 of 1999, and of every fifth year thereafter. To
conduct this survey, the Secretary may not use over 50 percent
of the amounts allocated for national boating safety activities
of national nonprofit public service organizations under this
subsection for the fiscal year in which the survey is
conducted.
Subsection (c) of section 802 of this title amends
section 13106 of title 46 by adding a requirement for the
Secretary of Transportation to make available in each fiscal
year five percent of the amount appropriated for State boating
safety programs that is in excess of $35 million for public
access facilities for transient nontrailerable recreational
vessels.
Section 802(d) of this title establishes an effective
date for this section of October 1, 1998.
Senate amendment
Subtitle F of S. 1173 contains amendments to the Sport
Fish Restoration Program administered by the Secretary of
Interior (Secretary) through the Fish and Wildlife Service, and
the Recreational Boating Safety Program administered by the
Secretary of Transportation through the Coast Guard.
Section 3601 states that amendments in the Act that are
expressed in terms of an amendment to or a repeal of provisions
of the ``1950 Act'' shall be considered to be made to
provisions of the Act entitled ``An Act to provide that the
United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved on
August 9, 1950 (16 U.S.C. 777 et seq.).
Section 3602 establishes a new boating and fishing
outreach and communications initiative. Subsection (a) of this
section amends section 2 of the 1950 Act (16 U.S.C. 777a) to
make technical changes and to establish definitions for the
terms ``outreach and communications program'' and ``aquatic
resource education program''. Subsection (b) amends section 4
of the 1950 Act (16 U.S.C. 777c) to provide funding for a
National Outreach and Communications Program beginning in
fiscal year (FY) 1999 through FY 2003. Funding for this program
is allocated from the Sport Fish Restoration Account of the
Aquatic Resources Trust Fund. In FY 1999 the program receives
$5 million, with the amount increasing to $10 million in FY
2003. Subsection (b) also authorizes the Secretary to use for
this program up to $2.5 million annually from the funds
available for administration. In addition, this subsection
prohibits the Secretary from using funds available for
administration to replace funding traditionally provided
through general appropriations. Furthermore, the Secretary is
required to publish annually in the Federal Register a detailed
accounting of the projects and programs that receive
administrative funds.
Section 3602(c) amends section 8 of the 1950 Act (16
U.S.C. 777g) to change the percentage of State funding required
to be used to enhance boating access from 12.5 percent to 15
percent and to change the percentage of State funding allowed
to be used for aquatic resource education and outreach and
communications from 10 percent to 15 percent. This subsection
also adds new provisions to section 8 that: (1) require the
Secretary, in cooperation with the Sport Fishing and Boating
Partnership Council, to develop and implement a national plan
for outreach and communications within one year of enactment of
the bill; (2) require that the plan provide for the
establishment of a national outreach and communications
program; (3) authorize the Secretary to provide funding to make
grants to the States or private entities for the cost of
carrying out outreach or communications programs under the
plan; and (4) require the States to develop plans for outreach
and communications programs within one year of the completion
of the national plan.
Section 3603 makes changes to the Clean Vessel Act of
1992 (P.L. 102-587, title V, subtitle F). Specifically, this
section amends section 4(b) of the 1950 Act (16 U.S.C. 777c(b))
to provide annually in FY 1999 through FY 2003 funding totaling
$84 million, reduced by 82 percent of the amount appropriated
for boat safety from the Boat Safety Account. These funds are
allocated as follows: (1) $10 million for vessel pumpout
facilities under section 5604 of the Clean Vessel Act (33
U.S.C. 1322 note); (2) $10 million for a new boating
infrastructure program established under section 3604 of this
subtitle; and (3) the remainder for State recreational boating
safety programs under section 13106 of title 46, U.S. Code.
This section ensures that States receive between $59 million
and $72 million annually for State boating safety programs.
Section 3604 establishes a program to improve boating
infrastructure. Subsection (a) states that the purpose of this
section is to provide funds to the States for the development
and maintenance of public facilities for transient
nontrailerable recreational vessels. Subsection (b) amends
section 8 of the 1950 Act (16 U.S.C. 777g) to require the
Secretary, in consultation with the States, to develop a
national framework that can be used by the States to conduct
surveys to determine their boat access needs. Each State
agreeing to conduct a public boat access needs survey would be
required to report its findings to the Secretary within 18
months for use in the development of a comprehensive national
assessment of recreational boat access needs and facilities.
Section 3604(c) allows a State, within 6 months of
submitting a public boat access needs survey to the Secretary,
to submit to the Secretary plans for the construction,
renovation, and maintenance of public facilities for transient
nontrailerable recreational vessels. Subsection (d) directs the
Secretary to make grants to the States for constructing,
renovating, or maintaining public facilities for transient
nontrailerable recreational vessels, and establishes priorities
for such grants, including projects proposed in accordance with
a State plan under subsection(c). Grants made to a State under
this subsection may not exceed 75 percent of the cost incurred
by the State for these projects. Subsection (e) defines the
terms ``nontrailerable recreational vessel'' and ``public
facilities for transient nontrailerable recreational vessels.''
Section 3605 makes changes to the Recreational Boating
Safety Program administered by the U.S. Coast Guard. Subsection
(a) of this section amends section 13104(a) of title 46, U.S.
Code, to reduce the amount of time that States have to obligate
funds received under the Recreational Boating Safety Program
from 3 years to 2 years. Subsection (b) amends section 13106 of
title 46, U.S. Code, to specify that an amount equal to the sum
of (1) appropriations from the Boat Safety Account and (2)
transfers to the Secretary of Transportation under the Clean
Vessel Act (as amended by section 3603 of this bill) will be
available annually for the Recreational Boating Safety Program.
Of this amount, $5 million is provided to the Coast Guard
annually for expenses related to the coordination and
administration of the program. Subsection (c) makes conforming
amendments to section 13106 of title 46, U.S. Code.
Conference substitute
The conference substitute adopts the Senate amendment,
with technical and other changes described as follows:
Section 7401 of the conference substitute provides that
subtitle D of title VI of this Act may be cited as the
``Sportfishing and Boating Safety Act of 1998.''
Section 7403 eliminates the requirement that the
Secretary use $10 million in FY 1999 for qualified boating
infrastructure projects under section 7404(d) of the conference
substitute, and makes these funds available in FY 1999 for the
Sport Fish Restoration Program. This section also reduces the
amount available for these projects in FY 2000 through 2003
from $10 million annually to $8 million, and makes the $2
million differential available for the Sport Fish Restoration
Program.
Section 7404 of the conference substitute clarifies that
grants for facilities for transient nontrailerable recreational
vessels under this section may be available for either publicly
or privately owned facilities provided that the facilities are
available to the general public, as determined by the
Secretary. The conferees intend that, in making this
determination, the Secretary should develop guidelines which,
among other things, establish reasonable costs to ensure that
such facilities are available to the general public.
Section 7405(b) of the conference substitute provides
that, of the $5 million available annually for Coast Guard
administration, $2 million will be used by the Secretary of
Transportation annually to ensure compliance with chapter 43 of
title 46, U.S. Code. This funding will enable the Coast Guard
to improve boating safety by more vigorously enforcing existing
provisions designed to prevent boating defects.
REVENUE TITLE
I. Highway-Related Taxes and Trust Fund
A. Extension and Modification of Highway-Related Taxes
1. Highway-related taxes and exemptions
Present law
Tax rates
Highway Trust Fund excise taxes are imposed on gasoline,
diesel fuel, kerosene, special motor fuels, on heavy truck and
tire sales, and on the use of heavy trucks. The Highway Trust
Fund tax rates are scheduled to expire after September 30,
1999, except for 4.3 cents per gallon of the motor fuels excise
tax (which is permanent).
The current Highway Trust Fund excise tax rates are as
follows:
------------------------------------------------------------------------
Item Tax rate 1
------------------------------------------------------------------------
Motor fuels:
Gasoline.............................. 18.3
Diesel and kerosene................... 24.3
Special motor fuels generally......... 18.3 2
Compressed natural gas (``CNG'')...... 4.3 3
Retail sales of heavy highway vehicles.... 12% of retail price
Heavy truck tires......................... Graduated tax on tires
weighing more than 40 lbs.
Annual highway vehicle use................ Graduated tax on vehicles of
55,000 lbs. or more
------------------------------------------------------------------------
\1\ Motor fuel tax rates include the permanent 4.3 cents-per-gallon
fuels tax; the rates do not include the 0.1-cent-per-gallon tax on
motor fuels for the Leaking Underground Storage Tank Trust Fund.
\2\ The rate is 13.6 cents per gallon for propane, 11.9 cents per gallon
for liquified natural gas (``LNG'), and 11.3 cents per gallon for
methanol fuel from natural gas, each based on the relative energy
equivalence of the fuel to gasoline.
\3\ The statutory rate is 48.54 cents per thousand cubic feet (``MCF').
Motor fuels exemptions
Present law provides exemptions (including partial
exemptions for specified uses of taxable fuels or for specified
fuels) for governments or for certain uses not involving use of
the highway system (such as farming).
LNG, propane, CNG, and methanol derived from natural gas
are subject to reduced tax rates based on the energy
equivalence of these fuels to gasoline.
Ethanol and methanol derived from renewable sources
(e.g., biomass) are eligible for income tax benefits (the
``alcohol fuels credit'') equal to 54 cents per gallon for
ethanol and 60 cents per gallon for methanol. The alcohol fuels
credit is scheduled to expire after December 31, 2000, or
earlier if the Highway Trust Fund taxes actually expire before
that time. In addition, small ethanol producers are eligible
for a separate 10-cents-per-gallon tax credit. The 54-cents-
per-gallon ethanol and 60-cents-per-gallon renewable-source
methanol tax credits may be claimed through reduced excise
taxes paid on gasoline and special motor fuels as well as
through income tax credits. The authority to claim the ethanol
and renewable-source methanol tax benefits through excise tax
reductions is scheduled to expire after September 30, 2000, or
earlier if the Highway Trust Fund taxes actually expire before
then.
House bill
Tax rates
The House bill extends the Highway Trust Fund excise
taxes, other than the heavy truck tire tax, through September
30, 2005. The tire tax is extended through September 30, 2000,
and then is repealed.
Motor fuels tax exemptions and alcohol fuels credits
The House bill extends the current motor fuels tax
exemptions generally for the period concurrent with the
extension period for the taxes, except that the present-law
expirations for the ethanol and renewable-source methanol
exemptions (and income tax credits) are retained.
Effective date
Date of enactment.
Senate amendment
Tax rates
The Senate amendment extends all Highway Trust Fund
excise taxes through September 30, 2005.
Motor fuel exemptions and alcohol fuels credits
The Senate amendment is the same as the House bill with
respect to the extension of the general motor fuels tax
exemptions. The Senate amendment extends the ethanol and
renewable-source methanol tax provisions through September 30,
2007 (excise tax reduction) and December 31, 2007 (income tax
credit), respectively. Further, the Senate amendment reduces
the ethanol benefit from 54 cents per gallon to 53 cents per
gallon for 2001-2002, 52 cents per gallon for 2003-2004, and 51
cents per gallon for 2005-2007.
Effective date
Date of enactment.
Conference agreement
Tax rates
The conference agreement follows the Senate amendment.
Motor fuel exemptions and alcohol fuels credits
The conference agreement follows the Senate amendment.
Effective date
Date of enactment.
2. Motor fuels tax refund procedure
Present law
Gasoline and diesel fuel excise tax refunds are
administered separately, subject to separate quarterly minimum
filing thresholds. For gasoline, the minimum refund claim is
$1,000 in the calendar quarter to which the claim relates.
Certain diesel fuel claims are subject to this same standard;
certain other diesel and aviation fuel claims may be filed in
any of the first three calendar quarters in which the aggregate
year-to-date refund equals $750. Fourth quarter refunds must be
claimed as income tax credits regardless of amount.
House bill
The House bill combines refund procedures for all taxable
motor fuels, allowing aggregation of quarterly amounts and
filing of refund claims once a single $750 minimum amount is
reached (determined on a year-to-year basis rather than an
individual quarter basis). Fourth quarter refund claims are
allowed under the same rules as applicable to the first three
quarters.
Effective date
Claims filed after September 30, 1998.
Senate amendment
No provision.
Conference agreement
The conference agreement follows the House bill.
3. Requirement that motor fuels terminals offer dyed fuel
Present law
Diesel fuel and kerosene (after June 30, 1998) are taxed
on removal from a registered terminal facility unless the fuel
is destined for a nontaxable use and is indelibly dyed. After
June 30, 1998, terminals must offer dyed fuel as a condition of
being allowed to store untaxed fuel.
House bill
The House bill delays the effective date of the
requirement that terminals offer dyed fuel for two years, to
July 1, 2000.
Effective date
Date of enactment.
Senate amendment
The Senate amendment is the same as in the House bill.
Conference agreement
The conference agreement follows the House bill and the
Senate amendment.
B. Highway Trust Fund Provisions
Present law
Transfers of revenues to Highway Trust Fund
Gross receipts from current highway excise taxes are
dedicated to the Highway Trust Fund for taxes imposed through
September 30, 1999, and received in the Treasury before July 1,
2000, under provisions of section 9503 of the Internal Revenue
Code (the ``Code'').
Interest on Highway Trust Fund balances; unspent balances
The Highway Trust Fund earns interest on cash balances
each year from investments in Treasury securities (sec. 9602).
Cash balances remain in the Highway Trust Fund until expended.
Highway Trust Fund expenditure authority
The Code authorizes expenditures (subject to
appropriations Acts) from the Highway Trust Fund through
September 30, 1998, for purposes provided in authorizing
legislation, as in effect on the date of enactment of Public
Law 105-130. No Highway Trust Fund monies may be spent for a
purpose not approved as of the last updating of the Code
reference to the most recent authorizing legislation changes.
The Highway Trust Fund is divided into two Accounts: a
Highway Account and a Mass Transit Account, each of which is
the funding source for specific transportation programs. The
Highway Account receives revenues from all non-fuel highway-
related excise taxes plus revenues from all but 2.85 cents per
gallon 4 of the highway motor fuels excise taxes.
The Mass Transit Account currently receives the 2.85 cents per
gallon from the highway motor fuels excise taxes.5
---------------------------------------------------------------------------
\4\ A technical correction (to 2.86 cents per gallon) is included
in this revenue title (H.R. 2400), and also in Title VI of H.R. 2676 as
passed by the House and the Senate.
\5\ Ibid.
---------------------------------------------------------------------------
Highway Trust Fund anti-deficit provisions
Highway Trust Fund spending is limited by two anti-
deficit provisions, which are internal to each of the Accounts.
The first limits the unfunded Highway Account authorizations at
the end of any fiscal year to amounts not exceeding the
unobligated balance plus revenues projected to be collected for
that Account by the dedicated excise taxes during the following
two fiscal years. The second provision similarly limits
unfunded Mass Transit Account authorizations to the dedicated
excise tax revenues projected to be collected during the next
fiscal year. If either of these provisions is violated,
spending for programs funded by the respective Accounts is to
be reduced proportionately, similar to a Budget Act sequester.
1997 transfer of 4.3-cents-per-gallon tax revenues not for
direct spending
The Taxpayer Relief Act of 1997 (the ``1997 Act'')
transferred revenues from the additional 4.3-cents-per-gallon
highway fuels taxes to the Highway Trust Fund, effective on
October 1, 1997. The 1997 Act provided that those revenues
could not be used to increase direct spending under the 1991
authorizing legislation.
House bill
Transfers of revenues to Highway Trust Fund
The House bill transfers the gross receipts from current
highway excise taxes (as modified by the House bill repeal of
the heavy truck tire excise tax on October 1, 2000) through
September 30, 2005. Consistent with present law, pre-October 1,
2005 amounts received after September 30, 1999 with respect to
highway excise tax liabilities will continue to be transferred
to the Highway Trust Fund through June 30, 2006.
Interest on Highway Trust Fund balances; unspent balances
Under the House bill, the Highway Trust Fund earns no
further interest on its cash balances after September 30, 1998.
The House bill cancels certain ``excess'' Highway Trust
Fund's Highway Account balance (the amount in excess of $8
billion) on October 1, 1998.
Highway Trust Fund expenditure authority
The House bill extends the Highway Trust Fund expenditure
authority through September 30, 2003, and updates the
expenditure purposes for the Highway and Mass Transit Accounts
to the purposes as included in the current House bill
authorizing legislation (H.R. 2400).
Provisions are incorporated into the Highway Trust Fund
specifying that expenditures from the Highway Trust Fund may
occur only as provided in the Internal Revenue Code. The House
bill clarifies that the expenditure authority expiration date
does not preclude disbursements to liquidate contracts which
are validly entered into before the expiration date.
Expenditures for contracts entered into or for amounts
otherwise obligated after an expiration date (or for other non-
contract authority purposes under non-Code provisions) are not
to be permitted, notwithstanding the subsequently enacted
authorization or appropriations legislation. If any such
subsequent legislation authorizes such expenditures, or such
expenditures occur by administrative action in the
contravention of the Code restrictions, excise tax
revenuesotherwise to be deposited in the Highway Trust Fund are to be
retained in the General Fund beginning on the date of such unauthorized
action.
Highway Trust Fund anti-deficit provisions
The House bill conforms the one-year anti-deficit rule in
the Mass Transit Account to the two-year rule in the Highway
Account.
Highway Trust Fund technical corrections
The House bill includes two technical corrections to the
1997 Act relating to the Highway Trust Fund excise tax
revenues:
(1) Excise tax revenues attributable to LNG, CNG,
propane, and methanol from natural gas are divided between the
Highway and Mass Transit Accounts in the same proportions as
gasoline tax revenues are divided between those two accounts;
and
(2) The amount of highway motor fuels tax revenues
transferred to the Mass Transit Account is corrected to 2.86
cents per gallon (rather than 2.85 cents per gallon as
erroneously provided in the 1997 Act).
1997 transfer of 4.3-cents-per-gallon tax revenues
The House bill deletes a provision of the 1997 Act
providing that the transfer of the additional 4.3 cents per
gallon in fuels tax revenues to the Highway Trust Fund and a
one-time adjustment to fuels tax deposit requirements do not
affect direct spending under the 1991 authorizing legislation
as ``deadwood.''
Effective date
Date of enactment.
Senate amendment
Transfers of revenues to Highway Trust Fund
The Senate amendment is the same as the House bill,
except that the Senate amendment (as noted above) does not
repeal the tire tax.
Interest on Highway Trust Fund balances; unspent balances
No provision.
Highway Trust Fund expenditure authority
The Senate amendment is the same as the House bill with
respect to extending the Highway Trust fund expenditure
authority through September 30, 2003. The Senate amendment
updates the expenditure purposes for the Highway and Mass
Transit Accounts to the purposes as included in the current
Senate authorizing legislation (H.R. 2400 as amended by the
Senate).
The Senate amendment also is the same as the House bill
with respect to specifying that expenditures from the Highway
Trust Fund may occur only as provided in the Internal Revenue
Code, and the clarification relating to liquidations of
contract authority.
Highway Trust Fund anti-deficit provisions
The Senate amendment is the same as the House bill.
Highway Trust Fund technical corrections
The Senate amendment is the same as the House bill.
1997 transfer of 4.3-cents-per-gallon tax revenues
The Senate amendment is the same as the House bill.
Effective date
Date of enactment.
Conference agreement
Transfers of revenues to Highway Trust Fund
The conference agreement follows the Senate amendment.
Interest on Highway Trust Fund balances; unspent balances
The conference agreement follows the House bill, with a
modification deleting the cancellation of a portion of the Mass
Transit Account balance.
Highway Trust Fund expenditure authority
The conference agreement follows the House bill and the
Senate amendment by updating the Highway Trust Fund expenditure
purposes to include the purposes in the current authorizing
legislation (H.R. 2400) as enacted and as in effect on the date
of enactment.
Highway Trust Fund anti-deficit provisions
The conference agreement follows the House bill and the
Senate amendment.
Highway Trust Fund technical corrections
The conference agreement follows the House bill and the
Senate amendment.
1997 transfer of 4.3-cents-per-gallon tax revenues
The conference agreement follows the House bill and the
Senate amendment.
Effective date
Date of enactment.
II. OTHER TRUST FUND PROVISIONS
A. Aquatic Resources Trust Fund
Present law
Revenue transfers
Gasoline and special motor fuels used in motorboats and
gasoline used in small engines are subject to excise tax in the
same manner and at the same rates as gasoline and special motor
fuels used in highway vehicles. Of the tax revenues from
motorboat and small-engine use, 6.8 cents per gallon is
retained in the General Fund; 11.5 cents per gallon is
transferred to the Aquatic Resources Trust Fund (``Aquatic
Fund'').
Under present law, transfers of the motorboat fuels tax
revenues go to the Boat Safety Account of the Aquatic Fund (up
to $70 million per fiscal year).6 Of amounts in
excess of $70 million, $1 million per fiscal year goes to the
Land and Water Conservation Fund (``Land and Water Fund''), and
the balance goes to the Sport Fish Restoration Account of the
Aquatic Fund. The authority to transfer revenues to the Aquatic
Fund and Land and Water Fund is scheduled to expire after
September 30, 1998.
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\6\ The unobligated balance in the Boat Safety Account is limited
to $70 million.
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Revenues from the 11.5-cents-per-gallon tax rate on
gasoline used in small engines is deposited in a Wetlands sub-
account in the Aquatic Fund for use in wetlands conservation
efforts.
Expenditure authority
Expenditures from the Boat Safety Account and the Land
and Water Fund are subject to appropriation Acts. The Sport
Fish Restoration Account has a permanent appropriation, and all
monies transferred to that Account are automatically
appropriated in the fiscal year following the fiscal year of
receipt.
Under present law, expenditures are authorized from the
Boat Safety Account as follows:
(1) One-half of the amount allocated to the Account
are for State boating safety programs; and
(2) One-half of the amount allocated to the Account
are for operating expenses of the Coast Guard to defray
the costs of services provided for recreational boating
safety.
House bill
Revenue transfers
The House bill extends the transfer of 11.5 cents per
gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003. In addition, the 6.8-cents-per-
gallon portion of the tax on motorboat fuels and small-engine
gasoline that currently is retained in the General Fund is
transferred to the Aquatic Fund. This provision is phased-in,
with the transfer to the Aquatic Fund of 3.4 cents per gallon
for the period October 1, 1999 through September 30, 2000, and
at 6.8 cents per gallon for the period October 1, 2000 through
September 30, 2003.
Transfers of motorboat fuels tax revenues to the Boat
Safety Account are changed to equal one-half of such revenues
each fiscal year, with a limit on the balance in that Account
equal to no more than one-half of the prior year's motorboat
fuels tax revenues.
Effective date.
October 1, 1998 for the transfer of the 11.5 cents-per-
gallon rate to the Aquatic Fund, October 1, 1999 for the
transfer of the 3.4-cents-per-gallon rate, and October 1, 2000
for the transfer of the 6.8-cents-per-gallon rate.
Expenditure authority
Expenditure authority for the Boat Safety Account of the
Aquatic Fund is extended through September 30, 2003. The
expenditure purposes of the Aquatic Fund are conformed to those
in effect in the House bill as of the date of enactment of H.R.
2400.
Provisions identical to those described above under the
House bill for the Highway Trust Fund are incorporated into the
Aquatic Fund clarifying that expenditures from the Aquatic Fund
may occur only as provided in the Code.
Effective date.
October 1, 1998.
Senate amendment
Revenue transfers
The Senate amendment extends the transfers of 11.5 cents
per gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003.
Effective date.
October 1, 1998.
Expenditure authority
The Senate amendment is the same as the House bill with
respect to the extension of the expenditure authority for the
Boat Safety Account through September 30, 2003. The expenditure
purposes of the Aquatic Fund are conformed to those in effect
in the Senate amendment as of the date of enactment.
The Senate amendment clarifying that expenditures from
the Aquatic Fund may occur only as provided in the Code is the
same as the House bill provision.
Effective date.
October 1, 1998.
Conference agreement
Revenue transfers
The conference agreement follows the House bill and the
Senate amendment with respect to extension of transfers of 11.5
cents per gallon of motorboat fuels tax revenues to the Boat
Safety Account and Wetlands sub-Account of the Aquatic Fund
through September 30, 2003.
The conference agreement follows the House bill in
transferring additional motorboat fuels tax and small-engine
gasoline revenues to the Aquatic Fund. The conference agreement
provides that an additional 1.5 cents per gallon of taxes
imposed during fiscal years 2002 and 2003, and an additional 2
cents per gallon thereafter, will be transferred to the Aquatic
Fund.
Effective date.
October 1, 1998.
Expenditure authority
The conference agreement follows the House bill and the
Senate amendment with respect to the extension of the
expenditure authority for the Boat Safety Account through
September 30, 2003. The expenditure purposes of the Aquatic
Fund (including those of the Sport Fish Restoration Account)
are conformed to those purposes in effect in the authorizing
provisions of the bill as of the date of enactment.
The conference agreement follows the House bill and the
Senate amendment with respect to the clarification that
expenditures from the Aquatic Fund may occur only as provided
in the Code.
Effective date.
October 1, 1998.
B. National Recreational Trails Trust Fund
Present law
The National Recreational Trails Trust fund (``Trails
Fund'') was established in the Intermodal Surface
Transportation Efficiency Act of 1991 (``1991 Act''). Revenues
from 11.5 cents per gallon of motor fuels taxes from fuel used
in nonhighway recreational vehicles 7 are authorized
to be transferred from the Highway Trust Fund to the Trails
Fund through September 30, 1998. Transfers to the Trails Fund
are contingent on appropriations occurring from the Trails
Fund. To date, no such appropriations have been enacted; thus,
no actual transfers of revenues have been made to the Trails
Fund.
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\7\ Nonhighway recreational fuels taxes are taxes imposed on (1)
fuel used in vehicles and equipment on recreational trails or back
country terrain, or (2) fuel used in camp stoves and other outdoor
recreational equipment. Such revenues do not include small-engine
gasoline tax revenues, which are transferred to the Aquatic Fund.
---------------------------------------------------------------------------
Expenditures are authorized from the Trails Fund, subject
to appropriations,8 for allocations to States for
use on trails and trail-related projects as set forth in the
1991 Act. Authorized expenditure uses include (1) acquisition
of new trails and access areas, (2) maintenance and restoration
of existing trails, (3) State environmental protection
education programs, and (4) related program administrative
costs.
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\8\ If appropriations were enacted from the Trails Fund, there is
an obligational ceiling of $30 million per fiscal year under the 1991
Act.
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House bill
The House bill repeals the Trails Fund, and the transfers
of nonhighway recreational fuels taxes to the Trails Fund.
Effective date.
October 1, 1998.
Senate amendment
The Senate amendment is the same as the House bill.
Conference agreement
The conference agreement follows the House bill and the
Senate amendment. (Under authorizing provisions of the bill,
Highway Trust Fund expenditures are authorized for similar
purposes to those of the Trails Fund.)
III. ADDITIONAL REVENUE PROVISIONS
A. Rail Fuels Excise Tax
Present law
Diesel fuel and gasoline used in trains are subject to a
5.65-cents-per-gallon excise tax. Of this amount, 0.1 cent per
gallon is dedicated to the Leaking Underground Storage Tank
Trust Fund; this rate is scheduled to expire after March 31,
2005. The remaining 5.55 cents per gallon is a General Fund
tax, with 4.3 cents per gallon being permanently imposed and
1.25 cents per gallon being imposed through September 30, 1999.
House bill
The 4.3-cents-per-gallon General Fund excise tax imposed
on fuel used in trains is repealed.
Effective date.
October 1, 2000.
Senate amendment
The Senate amendment repeals the 1.25-cents-per-gallon
tax on fuel used in trains.
Effective date.
March 1, 1999.
Conference agreement
The conference agreement follows the Senate amendment,
except for the effective date.
Effective date.
November 1, 1998.
B. Income Tax Provisions
1. Tax-exempt financing of certain highway projects
Present law
Present law exempts interest on State or local government
bonds from the regular income tax if the proceeds of the bonds
are used to finance governmental activities of those entities
and the bonds are repaid with governmental revenues. Interest
on bonds issued by States or local governments acting as
conduits to provide financing for private persons is taxable
unless a specific exception is provided in the Code. No such
exception is provided for bonds issued to provide conduit
financing for privately constructed and/or privately operated
toll roads and similar highway infrastructure projects.
House bill
No provision.
Senate amendment
The Senate amendment authorizes the construction of up to
15 highway infrastructure projects, such as toll roads
involving private business participation. These projects are to
be eligible for tax-exempt private activity bond financing.
Bonds for these projects generally are to be subject to all
Code provisions governing issuance of tax-exempt private
activity bonds except the annual State volume limits (sec.
146). No proceeds of these bonds may be used to finance the
acquisition of land. In lieu of the State volume limits, the
aggregate amount of bonds that can be issued under this pilot
project is $15 billion (as allocated by the Department of
Transportation in consultation with the Department of the
Treasury).
Conference agreement
The conference agreement does not include the Senate
amendment.
2. Tax treatment of parking and transit benefits
Present law
Under present law, qualified transportation fringe
benefits provided by an employer are excluded from an
employee's gross income. Qualified transportation fringe
benefits include parking, transit passes, and vanpool benefits.
In addition, in the case of employer-provided parking, no
amount is includible in income of an employee merely because
the employer offers the employee a choice between cash and
employer-provided parking. Transit passes and vanpool benefits
are only excludable if provided in addition to, and not in lieu
of, any compensation otherwise payable to an employee. Under
present law, up to $175 per month (for 1998) of employer-
provided parking and up to $65 per month (for 1998) of
employer-provided transit and vanpool benefits are excludable
from gross income. These dollar amounts are indexed for
inflation.
House bill
No provision.
Senate amendment
The Senate amendment permits employers to offer employees
the option of electing cash compensation in lieu of any
qualified transportation benefit, or a combination of any of
such benefits. As under present law, qualified transportation
benefits include employer-provided transit passes, parking, and
vanpooling. Thus, under the Senate amendment, no amount is
includible in gross income or wages merely because the employee
is offered the choice of cash and one or more qualified
transportation benefits. The amount of cash offered is
includible in income and wages only to the extent the employee
elects cash.
In addition, the Senate amendment increases the exclusion
for transit passes and vanpooling to $100 per month. The $100
amount is indexed as under present law.
Further, the Senate amendment provides that there is no
indexing of any qualified transportation benefit in 1999.
Effective date.
The provision permitting a cash option for any
transportation benefit is effective for taxable years beginning
after December 31, 1997; the increase in the exclusion for
transit passes and vanpooling to $100 per month is effective
for taxable years beginning after December 31, 2001; and
indexing on the $100 amount for transit passes and vanpooling
is effective for taxable years beginning after December 31,
2002.
Conference agreement
The conference agreement follows the Senate amendment.
Thus, as under the Senate amendment, no amount is includible in
gross income or wages merely because the employee is offered
the choice of cash in lieu of one or more qualified
transportation benefits, or a combination of such benefits. In
addition, no amount is includible in income or wages merely
because the employee is offered a choice among qualified
transportation benefits.
Effective date.
The conference agreement follows the Senate amendment.
3. Purposes for which Amtrak NOL monies may be used in non-Amtrak
States
Present law
The 1997 Act provides elective procedures that allow
Amtrak to consider the tax attributes of its predecessors in
the use of its net operating losses. The election is
conditioned on Amtrak agreeing to make payments equal to one
percent of the amount it receives as a result of the election
to each of the non-Amtrak States. The non-Amtrak states are
required to spend these monies to finance qualified expenses.
Qualified expenses include the capital costs connected with the
provision of intercity passenger rail and bus service, the
purchase of intercity rail service from Amtrak, and the payment
of interest and principle on obligations incurred for a
qualified purpose. Any amounts not spent for qualified purposes
by 2010 must be returned to the Treasury.
House bill
No provision.
Senate amendment
The Senate amendment expands the list of qualified
expenses to include: (1) capital expenditures related to State-
owned rail operations in the State; (2) projects eligible to
receive funding under section 5309, 5310, or 5311 of Title 49;
(3) projects that are eligible to receive funding under section
130 or 152 of Title 23; (4) upgrading and maintenance of
intercity primary and rural air service facilities, including
the purchase of air service between primary and rural airports
and regional hubs; and (5) the provision of passenger ferryboat
service within the State.
Effective date.
The provision is effective as if included in the Taxpayer
Relief Act of 1997 (effective on August 5, 1997).
Conference agreement
The conference agreement follows the Senate amendment
with further additions to the list of qualified expenses.
Additional qualified purposes added by the conference agreement
include harbor improvements and certain highway improvements
that are eligible to receive funding under section 103, 133,
144, and 149 of Title 23.
Effective date.
The conference agreement follows the Senate amendment.
4. Tax treatment of certain Federal environmental grants
Present law
Certain Federal grants are excluded from income with
taxpayers receiving no basis in assets financed with the grant
monies. Other Federal grant programs result in income exclusion
when the grant is received, but taxpayers receive basis in the
grant-financed property.
House bill
No provision.
Senate amendment
The Senate amendment provides that, to the extent
provided under present law, grants under the authorizing
provisions of the Senate amendment relating to a Congestion
Mitigation and Air Quality (``CMAQ'') Program are not
includible in taxable income when received, and that no credit
or other deduction is allowed to taxpayers with respect to the
property (or other expenditures) financed directly or
indirectly with the CMAQ funds. The basis of such property is
to be reduced by the portion of the cost of the property that
is attributable to the CMAQ payment.
Conference agreement
The conference agreement does not include the Senate
amendment.
Limited Tax Benefits in the Revenue Title Subject to the Line Item Veto
Act
Present Law
The Line Item Veto Act amended the Congressional Budget
and Impoundment Act of 1974 to grant the President the limited
authority to cancel specific dollar amounts of discretionary
budget authority, certain new direct spending, and limited tax
benefits. The Line Item Veto Act provides that the Joint
Committee on Taxation is required to examine any revenue or
reconciliation bill or joint resolution that amends the
Internal Revenue Code of 1986 prior to its filing by a
conference committee in order to determine whether or not the
bill or joint resolution contains any ``limited tax benefits,''
and to provide a statement to the conference committee that
either (1) identifies each limited tax benefit contained in the
bill or resolution, or (2) states that the bill or resolution
contains no limited tax benefits. The conferees determine
whether or not to include the Joint Committee on Taxation
statement in the conference report. If the conference report
includes the information from the Joint Committee on Taxation
identifying provisions that are limited tax benefits, then the
President may cancel one or more of those, but only those,
provisions that have been identified. If such a conference
report contains a statement from the Joint Committee on
Taxation that none of the provisions in the conference report
are limited tax benefits, then the President has no authority
to cancel any of the specific tax provisions, because there are
no tax provisions that are eligible for cancellation under the
Line Item Veto Act.
Conference Statement
The Joint Committee on Taxation has determined that the
revenue title to H.R. 2400 contains no provision involving
limited tax benefits within the meaning of the Line Item Veto
Act.
Pursuant to the order of the House on April 1,
1998, the Speaker appointed the following
conferees for consideration of the House bill
(except title XI) and the Senate amendment
(except title VI), and modifications committed
to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on
Commerce, for consideration of provisions in
the House bill and Senate amendment relating to
the Congestion Mitigation and Air Quality
Improvement Program; and sections 124, 125,
303, and 502 of the House bill; and sections
1407, 1601, 1602, 2103, 3106, 3301-3302, 4101-
4104, and 5004 of the Senate amendment and
modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is
appointed in lieu of Mr.
Bilirakis for
consideration of
sections 1407, 2103, and
3106 of the Senate
amendment.
Billy Tauzin,
As additional conferees from the Committee on
Ways and Means, for consideration of title XXI
of the House bill and title VI of the Senate
amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on
Ways and Means, for consideration of title XXI
of the House bill and title VI of the Senate
amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public
Works:
John H. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and
Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and
Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.