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[Congressional Record: May 22, 1998 (House)]
[Page H3792-H3842]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22my98-159]
CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY ACT FOR THE
21ST CENTURY
Mr. SHUSTER submitted the following conference report and statement
on
[[Page H3793]]
the bill (H.R. 2400) to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes:
Conference Report (H. Rept. 105-550)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2400), to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
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Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND
BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation
upon termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of
defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies
of costs of treatment of veterans for tobacco-related
illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol
fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak
States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23,
United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code, $3,427,341,000 for fiscal year 1998,
$3,957,103,000 for fiscal year 1999, $3,994,524,000 for
fiscal year 2000, $4,073,322,000 for fiscal year 2001,
$4,139,630,000 for fiscal year 2002, and $4,217,635,000 for
fiscal year 2003.
(2) National highway system.--For the National Highway
System under section 103 of such title $4,112,480,000 for
fiscal year 1998, $4,748,523,000 for fiscal year 1999,
$4,793,429,000 for fiscal year 2000, $4,887,986,000 for
fiscal year 2001, $4,967,556,000 for fiscal year 2002, and
$5,061,162,000 for fiscal year 2003.
(3) Bridge program.--For the bridge program under section
144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for
fiscal year 2000, $3,495,104,000 for fiscal year 2001,
$3,552,016,000 for fiscal year 2002, and $3,618,966,000 for
fiscal year 2003.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for
fiscal year 1999, $5,592,333,000 for fiscal year 2000,
$5,702,651,000 for fiscal year 2001, $5,795,482,000 for
fiscal year 2002, and $5,904,689,000 for fiscal year 2003.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for
fiscal year 1999, $1,358,138,000 for fiscal year 2000,
$1,384,930,000 for fiscal year 2001, $1,407,474,000 for
fiscal year 2002, and $1,433,996,000 for fiscal year 2003.
(6) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years
1999 through 2003.
(7) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000
for fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of such title $225,000,000 for fiscal year
1998 and $275,000,000 for each of fiscal years 1999 through
2003.
(B) Public lands highways.--For public lands highways under
section 204 of such title $196,000,000 for fiscal year 1998
and $246,000,000 for each of fiscal years 1999 through 2003.
(C) Park roads and parkways.--For park roads and parkways
under section 204 of such title $115,000,000 for fiscal year
1998 and $165,000,000 for each of fiscal years 1999 through
2003.
(D) Refuge roads.--For refuge roads under section 204 of
such title $20,000,000 for each of fiscal years 1999 through
2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the national
corridor planning and development and coordinated border
infrastructure programs under sections 1118 and 1119 of this
Act $140,000,000 for each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005) $30,000,000 for each of fiscal year
1998 and $38,000,000 for each of fiscal years 1999 through
2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and
1999, $24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for
fiscal year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) $7,000,000 for fiscal year 1999, and
$11,000,000 for each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000
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for fiscal year 2002, and $1,771,655,000 for fiscal year
2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000
for each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998
through 2003.
(b) Disadvantaged Business Enterprises.--
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small business
concern'' has the meaning such term has under section 3 of
the Small Business Act (15 U.S.C. 632); except that such term
shall not include any concern or group of concerns controlled
by the same socially and economically disadvantaged
individual or individuals which has average annual gross
receipts over the preceding 3 fiscal years in excess of
$16,600,000, as adjusted by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning such term has under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated pursuant
thereto; except that women shall be presumed to be socially
and economically disadvantaged individuals for purposes of
this subsection.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in paragraph (1) and the
location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns
which are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include but
not be limited to on-site visits, personal interviews,
licenses, analysis of stock ownership, listing of
equipment, analysis of bonding capacity, listing of work
completed, resume of principal owners, financial capacity,
and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of
this Act, if the entity or person is prevented, in whole or
in part, from complying with paragraph (1) because a Federal
court issues a final order in which the court finds that the
requirement of paragraph (1), or the program established
under paragraph (1), is unconstitutional.
(6) Review by comptroller general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a review of, and
publish and report to Congress findings and conclusions on,
the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of--
(A) in the case of small business concerns certified in
each State under paragraph (4) as owned and controlled by
socially and economically disadvantaged individuals--
(i) the number of the small business concerns; and
(ii) the participation rates of the small business concerns
in prime contracts and subcontracts funded under titles I,
III, and V of this Act;
(B) in the case of small business concerns described in
subparagraph (A) that receive prime contracts and
subcontracts funded under titles I, III, and V of this Act--
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small business
concerns; and
(iii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
(C) in the case of small business concerns described in
subparagraph (A) that do not receive prime contracts and
subcontracts funded under titles I, III, and V of this Act--
(i) the annual gross receipts of the small business
concerns; and
(ii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
(D) in the case of business concerns that receive prime
contracts and subcontracts funded under titles I, III, and V
of this Act, other than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of the business concerns; and
(ii) the net worth of individuals that own and control the
business concerns;
(E) the rate of graduation from any programs carried out to
comply with the requirement of paragraph (1) for small
business concerns owned and controlled by socially and
economically disadvantaged individuals;
(F) the overall cost of administering the requirement of
paragraph (1), including administrative costs, certification
costs, additional construction costs, and litigation costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns owned
and controlled by socially and economically disadvantaged
individuals;
(H)(i) any other factors limiting the ability of small
business concerns owned and controlled by socially and
economically disadvantaged individuals to compete for prime
contracts and subcontracts funded under titles I, III, and V
of this Act; and
(ii) the extent to which any of those factors are caused,
in whole or in part, by discrimination based on race, color,
national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies owned
and controlled by socially and economically disadvantaged
individuals in public and private transportation contracting
and the financial, credit, insurance, and bond markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of--
(i) the issuance of a final order described in paragraph
(5) by a Federal court that suspends a program established
under paragraph (1); or
(ii) the repeal or suspension of State or local
disadvantaged business enterprise programs; and
(K) the impact of the requirement of paragraph (1), and any
program carried out to comply with paragraph (1), on
competition and the creation of jobs, including the creation
of jobs for socially and economically disadvantaged
individuals.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other
provision of law but subject to subsections (g) and (h), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of enactment of this
Act; and
(8) under section 105 of title 23, United States Code but,
for each of fiscal years 1998 through 2007, only in an amount
equal to $639,000,000 per fiscal year.
(c) Distribution of Obligation Authority.--For each of
fiscal years 1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized
for administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the
highway use tax evasion program and the Bureau of
Transportation Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection (a) for
such fiscal year less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highway and highway safety construction programs
(other than sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of subsection (b) and
sums authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) for section 117 of title 23,
United States Code (relating to high priority projects
program), section 201 of the Appalachian Regional Development
Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act
of 1995, and $2,000,000,000 for such fiscal year under
section 105 of such title (relating to minimum guarantee) so
that amount of obligation authority available for each of
such sections is equal to the amount determined by
multiplying the ratio determined under paragraph (3) by the
sums authorized to be appropriated for such section (except
in the case of section 105, $2,000,000,000) for such fiscal
year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by
the Secretary under this Act and title 23, United States
Code (other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by
multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for such program
for such fiscal year; and
[[Page H3796]]
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highway and highway
safety construction programs (other than the minimum
guarantee program, but only to the extent that amounts
apportioned for the minimum guarantee program for such fiscal
year exceed $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the ratio
that--
(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the sums authorized to be appropriated for
such programs that are apportioned to all States for such
fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after
August 1 of each of fiscal years 1998 through 2003 revise a
distribution of the obligation authority made available under
subsection (c) if a State will not obligate the amount
distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts
in addition to those previously distributed during that
fiscal year giving priority to those States having large
unobligated balances of funds apportioned under sections 104
and 144 of title 23, United States Code, under section 160 of
title 23, United States Code (as in effect on the day before
the date of enactment of this Act), and under section 1015 of
the Intermodal Surface Transportation Act of 1991 (105 Stat.
1943-1945).
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23,
United States Code, and under title VI of this Act.
(f) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
authority under subsection (c) for each of fiscal years 1998
through 2003, the Secretary shall distribute to the States
any funds (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highway programs (other
than the program under section 160 of title 23, United
States Code) and for carrying out subchapter I of chapter
311 of title 49, United States Code, and chapter 4 of
title 23, United States Code, and (2) that the Secretary
determines will not be allocated to the States, and will
not be available for obligation, in such fiscal year due
to the imposition of any obligation limitation for such
fiscal year. Such distribution to the States shall be made
in the same ratio as the distribution of obligation
authority under subsection (c)(6). The funds so
distributed shall be available for any purposes described
in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for a section set forth
in subsection (c)(4) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be increased by an amount equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such
increase shall be distributed in accordance with this
section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the
minimum guarantee program under section 105, the Federal
lands highway program under section 204, or the
Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.), the Secretary shall deduct a sum,
in an amount not to exceed 1\1/2\ percent of all sums so
made available, as the Secretary determines necessary--
``(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary shall
take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title is
amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-aside authorized by subsection
(f), shall apportion the remainder of the sums authorized to
be appropriated for expenditure on the Interstate and
National Highway System program, the congestion mitigation
and air quality improvement program, and the surface
transportation program for that fiscal year, among the
several States in the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years 1999 through
2003 for the Alaska Highway, and the remainder apportioned as
follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of principal arterial routes
(excluding Interstate System routes) in each State; bears to
``(II) the total lane miles of principal arterial routes
(excluding Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on highways in each State;
bears to
``(II) the total diesel fuel used on highways in all
States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by the
total population of the State; bears to
``(II) the quotient obtained by dividing the total lane
miles on principal arterial highways in all States by the
total population of all States.
``(B) Minimum apportionment.--Notwithstanding subparagraph
(A) and paragraph (4), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under
subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and air
quality improvement program, in the ratio that--
``(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
``(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and maintenance
area population.--Subject to subparagraph (C), for
the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in a
State that was a nonattainment area or maintenance area as
described in section 149(b) for ozone or carbon monoxide
by a factor of--
``(i) 0.8 if--
``(I) at the time of the apportionment, the area is a
maintenance area; or
``(II) at the time of the apportionment, the area is
classified as a submarginal ozone nonattainment area under
the Clean Air Act (42 U.S.C. 7401 et seq.);
``(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
such subpart;
``(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
such subpart;
``(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under such
subpart;
``(vi) 1.4 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
such subpart; or
``(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is classified under subpart 3
of part D of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b) for carbon
monoxide.
``(C) Additional adjustment for carbon monoxide areas.--
``(i) Carbon monoxide nonattainment areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was also classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for carbon
monoxide, the weighted nonattainment or maintenance area
population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further multiplied
by a factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was at one time also classified under
subpart 3 of part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a maintenance
area, the weighted nonattainment or maintenance area
population of the area, as determined
[[Page H3797]]
under clauses (i) through (vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any other
provision of this paragraph, each State shall receive a
minimum of \1/2\ of 1 percent of the funds apportioned under
this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph, the
Secretary shall use the latest available annual estimates
prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation program,
in accordance with the following formula:
``(i) 25 percent of the apportionments in the ratio that--
``(I) the total lane miles of Federal-aid highways in each
State; bears to
``(II) the total lane miles of Federal-aid highways in all
States.
``(ii) 40 percent of the apportionments in the ratio that--
``(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
``(iii) 35 percent of the apportionments in the ratio
that--
``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
``(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate System routes open
to traffic in each State; bears to
``(ii) the total of all such lane miles in all States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on lanes on
Interstate System routes designated under--
``(I) section 103;
``(II) section 139(a) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century) before March 9, 1984 (other than routes on toll
roads not subject to a Secretarial agreement under section
105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692));
and
``(III) section 139(c) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles traveled in all
States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual contributions to the
Highway Trust Fund (other than the Mass Transit Account)
attributable to commercial vehicles; bears to
``(ii) the total of such annual contributions by all
States.
(c) Operation Lifesaver and High Speed Rail Corridors.--
Section 104(d) of such title is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this
section for a fiscal year, the Secretary shall set aside
$500,000 for such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of funds
under subsection (b)(3) for a fiscal year, the Secretary
shall set aside $5,250,000 of the funds made available for
the surface transportation program for the fiscal year for
elimination of hazards of railway-highway crossings.
``(B) Eligible corridors.--Subject to subparagraph (E),
funds made available under subparagraph (A) shall be expended
for projects in--
``(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause);
``(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D);
``(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
``(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from New York City
to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--A
corridor selected by the Secretary under subparagraph (B)
shall include rail lines where railroad speeds of 90 miles or
more per hour are occurring or can reasonably be expected to
occur in the future.
``(D) Considerations in corridor selection.--In selecting
corridors under subparagraph (B), the Secretary shall
consider--
``(i) projected rail ridership volume in each corridor;
``(ii) the percentage of each corridor over which a train
will be capable of operating at its maximum cruise speed
taking into account such factors as topography and other
traffic on the line;
``(iii) projected benefits to nonriders such as congestion
relief on other modes of transportation serving each corridor
(including congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line
and related facilities; and
``(v) the cooperation of the owner of the right-of-way that
can reasonably be expected in the operation of high speed
rail passenger service in each corridor.
``(E) Certain improvements.--Not less than $250,000 of such
set-aside shall be available per fiscal year for eligible
improvements to the Minneapolis/St. Paul-Chicago segment of
the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is authorized
to be appropriated $15,000,000 for each of fiscal years 1999
through 2003 to carry out this subsection.''.
(d) Certification of Apportionments.--Section 104(e) of
such title is amended--
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day
of a fiscal year beginning after September 30, 1998, the
Secretary shall transmit, by such 21st day, to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of
this subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of
such title is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such
title is amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out
the recreational trails program under section 206, the
Secretary shall deduct an amount, not to exceed 1\1/2\
percent of the sums authorized, to cover the cost to the
Secretary for administration of and research and technical
assistance under the recreational trails program and for
administration of the National Recreational Trails Advisory
Committee. The Secretary may enter into contracts with for-
profit organizations or contracts, partnerships, or
cooperative agreements with other government agencies,
institutions of higher learning, or nonprofit organizations
to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums
authorized to be appropriated for expenditure on the
recreational trails program for each fiscal year, among the
States in the following manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned among
eligible States in amounts proportionate to the degree of
non-highway recreational fuel use in each of those States
during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such
title is amended by striking subsection (i) and inserting the
following:
``(i) Audits of Highway Trust Fund.--From administrative
funds deducted under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department
of Transportation for the conduct of annual audits of
financial statements in accordance with section 3521 of title
31.''.
(h) Report on Obligations.--Section 104 of such title is
amended by striking subsection (j) and inserting the
following:
``(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State
by fiscal year under this section and sections 105 and
144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of
such title is amended by inserting after subsection (j) the
following:
[[Page H3798]]
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available
under this title and transferred for transit projects of a
type described in section 133(b)(2) shall be administered by
the Secretary in accordance with chapter 53 of title 49,
except that the provisions of this title relating to the non-
Federal share shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available
under chapter 53 of title 49 and transferred for highway
projects shall be administered by the Secretary in accordance
with this title, except that the provisions of such chapter
relating to the non-Federal share shall apply to the
transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1)
and (2) shall be transferred in the same manner and amount as
the funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Section 104 of such title is amended by adding at the
end the following:
``(l) Effect of Certain Delay in Deposits Into Highway
Trust Fund.--Notwithstanding any other provision of law,
deposits into the Highway Trust Fund resulting from the
application of section 901(e) of the Taxpayer Relief Act of
1997 (111 Stat. 872) shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity
Act for the 21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is
amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first year'' and inserting ``In
general''; and
(II) by striking ``104(b)(2), 104(b)(5), and 104(b)(6)''
and inserting ``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by clause (ii)) by
striking ``paragraphs (1) and (2) of this subsection'' and
inserting ``paragraph (1)''; and
(B) by striking subsection (b) and inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment to any State after
September 30, 1988, shall be available for apportionment
to that State.''.
(3)(A) Section 115(b)(1) of such title is amended by
striking ``104(b)(5)'' and inserting ``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by striking
``section 104(b)(5)(B) of this title'' and inserting
``section 104(b)(4)''.
(C) Section 141(c) of such title is amended by striking
``section 104(b)(5) of this title'' each place it appears and
inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by striking
``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A) by striking
``section 104(b)(5)(A)'' each place it appears and inserting
``section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century)'';
(II) in paragraph (1)(A)(ii) by striking ``section
104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century)'';
(III) in paragraph (3)(B) by striking ``(5)(B)'' and
inserting ``(5)(B) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century)''; and
(IV) in paragraphs (3) and (4) by striking ``section
104(b)(5)'' each place it appears and inserting ``section
104(b)(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century)''.
(F) Section 161(a) of such title is amended by striking
``paragraphs (1), (3), and (5)(B) of section 104(b)'' each
place it appears and inserting ``paragraphs (1), (3), and (4)
of section 104(b)''.
(4) Section 142(b) of such title is amended by striking
``paragraph (5) of subsection (b) of section 104 of this
title'' and inserting ``section 104(b)(4)''.
(m) Adjustments for the Surface Transportation Extension
Act of 1997.--
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the
total apportionments for a State (other than Massachusetts)
for fiscal year 1998 made under the Transportation Equity Act
for the 21st Century (including amendments made by such Act)
shall be reduced by the amount apportioned to such State
(other than Massachusetts) under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal
year 1998 and adjusted under paragraph (1) shall first be
used to restore in accordance with section 3(c) of the
Surface Transportation Extension Act of 1997 any funds that a
State transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required
by paragraph (1), then the Secretary shall make an adjustment
to any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other
provision of law, amounts made available for fiscal year 1998
by the Transportation Equity Act for the 21st Century
(including amendments made by such Act) for a program that is
continued by both of sections 4, 5, 6, and 7 of the Surface
Transportation Extension Act of 1997 (including amendments
made by such sections) and the Transportation Equity Act for
the 21st Century (including amendments made by such Act)
shall be reduced by the amount made available by such
sections 4, 5, 6, and 7 for such programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be
considered to be an amount of obligation authority made
available for fiscal year 1998 under section 1102(a) of this
Act.
(n) State Defined.--For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ``State''
means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the
total apportionments for such fiscal year of Interstate
maintenance, national highway system, bridge, congestion
mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee,
high priority projects, Appalachian development highway
system, and recreational trails programs shall equal the
percentage listed for each State in subsection (b).
``(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in
accordance with the following table:
``States: Percentage
Alabama.......................................................2.0269
Alaska........................................................1.1915
Arizona.......................................................1.5581
Arkansas......................................................1.3214
California....................................................9.1962
Colorado......................................................1.1673
Connecticut...................................................1.5186
Delaware......................................................0.4424
District of Columbia..........................................0.3956
Florida.......................................................4.6176
Georgia.......................................................3.5104
Hawaii........................................................0.5177
Idaho.........................................................0.7718
Illinois......................................................3.3819
Indiana.......................................................2.3588
Iowa..........................................................1.2020
Kansas........................................................1.1717
Kentucky......................................................1.7365
Louisiana.....................................................1.5900
Maine.........................................................0.5263
Maryland......................................................1.5087
Massachusetts.................................................1.8638
Michigan......................................................3.1535
Minnesota.....................................................1.4993
Mississippi...................................................1.2186
Missouri......................................................2.3615
Montana.......................................................0.9929
Nebraska......................................................0.7768
Nevada........................................................0.7248
New Hampshire.................................................0.5163
New Jersey....................................................2.5816
New Mexico....................................................0.9884
New York......................................................5.1628
North Carolina................................................2.8298
North Dakota..................................................0.6553
Ohio..........................................................3.4257
Oklahoma......................................................1.5419
Oregon........................................................1.2183
Pennsylvania..................................................4.9887
Rhode Island..................................................0.5958
South Carolina................................................1.5910
South Dakota..................................................0.7149
Tennessee.....................................................2.2646
Texas.........................................................7.2131
Utah..........................................................0.7831
Vermont.......................................................0.4573
Virginia......................................................2.5627
Washington....................................................1.7875
West Virginia.................................................1.1319
Wisconsin.....................................................1.9916
Wyoming.......................................................0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each
program referred to in subsection (a) (other than
[[Page H3799]]
metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and
recreational trails programs) is equal to the amount
determined by multiplying the amount to be apportioned
under this paragraph by the ratio that--
``(A) the amount of funds apportioned to each State for
each program referred to in subsection (a) for a fiscal year;
bears to
``(B) the total amount of funds apportioned to all States
for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall
apportion the remainder of funds made available under this
section to the States in accordance with section 104(b)(3);
except that requirements of paragraphs (1), (2), and (3) of
section 133(d) shall not apply to amounts apportioned
pursuant to this paragraph.
``(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for each of fiscal years 1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the
Secretary, subject to paragraph (2), shall adjust the
percentages in the table in subsection (b) to reflect the
estimated percentage of estimated tax payments attributable
to highway users in each State paid into the Highway Trust
Fund (other than the Mass Transit Account) in the latest
fiscal year for which data is available, to ensure that no
State's return from such Trust Fund is less than 90.5
percent.
``(2) Eligibility threshold for initial adjustment.--The
Secretary may make an adjustment under paragraph (1) for a
State for a fiscal year only if the State's return from the
Highway Trust Fund (other than the Mass Transit Account) for
the preceding fiscal year was equal to or less than 90.5
percent.
``(3) Conforming adjustments.--After making any adjustments
under paragraph (1) for a fiscal year, the Secretary shall
adjust the remaining percentages in the table set forth in
subsection (b) to ensure that the total of the percentages in
the table do not exceed 100 percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's return
from the Highway Trust Fund (other than the Mass Transit
Account) is less than 90.5 percent as a result of such
adjustments and shall adjust the percentages in the table for
such fiscal year accordingly. Adjustments of the percentages
in the table under this paragraph may not result in the total
of such percentages exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 105 and inserting the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the
following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal
year 1999, and each fiscal year thereafter, the Secretary
shall allocate an amount of funds equal to the amount
determined pursuant to section 251(b)(1)(B)(I)(cc) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
each of the for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee
program) for which funds are allocated from such Trust Fund
by the Secretary under this title and the Transportation
Equity Act for the 21st Century for a fiscal year, bears to
``(B) the total of all sums authorized to be appropriated
from such Trust Fund for such programs for such fiscal year;
``(2) multiply the ratio determined under paragraph (1) by
the total amount of funds to be allocated under subsection
(a) for such fiscal year;
``(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that--
``(A) the sums authorized to be appropriated from such
Trust Fund for each of such programs for such fiscal year,
bears to
``(B) the sums authorized to be appropriated from such
Trust Fund for all such programs for such fiscal year; and
``(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in
the ratio that--
``(A) the total of all funds authorized to be appropriated
from such Trust Fund for Federal-aid highway and highway
safety construction programs that are apportioned to each
State for such fiscal year but for this section, bears to
``(B) the total of all funds authorized to be appropriated
from such Trust Fund for such programs that are apportioned
to all States for such fiscal year but for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a
fiscal year, the Secretary shall ensure that such funds are
apportioned for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, and the congestion mitigation
air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal
year but for this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to carry out this section for fiscal years
beginning after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and
Interstate Maintenance Program.--The Secretary shall
administer the National Highway System program and the
Interstate Maintenance program as a combined program for
purposes of allowing States maximum flexibility.
References in this Act and title 23, United States Code,
shall not be affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United
States Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the
National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation
facilities depicted on the map submitted by the Secretary to
Congress with the report entitled `Pulling Together: The
National Highway System and its Connections to Major
Intermodal Terminals' and dated May 24, 1996. The system
shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other
major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The Interstate System described in subsection (c).
``(B) Other urban and rural principal arterial routes.
``(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network consisting of a network
of highways that are important to the United States strategic
defense policy and that provide defense access, continuity,
and emergency capabilities for the movement of personnel,
materials, and equipment in both peacetime and wartime. The
highways may be highways on or off the Interstate System and
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
``(E) Major strategic highway network connectors consisting
of highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated
by the Secretary in consultation with appropriate Federal
agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a
major intermodal terminal, to the National Highway System
that is proposed by a State or that is proposed by a State
and revised by the Secretary if the Secretary determines that
the modification--
``(i) meets the criteria established for the National
Highway System under this title; and
``(ii) enhances the national transportation characteristics
of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
``(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(5) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by
section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031 et seq.) that was not
identified on the National Highway System described in
paragraph (1).
``(6) Eligible projects for nhs.--Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated
for any of the following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the National
Highway System.
``(B) Operational improvements for segments of the National
Highway System.
``(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System, and
construction of a transit project eligible for assistance
under chapter 53 of title 49, if--
[[Page H3800]]
``(i) the highway or transit project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
``(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
``(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
``(D) Highway safety improvements for segments of the
National Highway System.
``(E) Transportation planning in accordance with sections
134 and 135.
``(F) Highway research and planning in accordance with
chapter 5.
``(G) Highway-related technology transfer activities.
``(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(L) Development, establishment, and implementation of
management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetland mitigation efforts related to projects funded under
this title, which may include participation in
natural habitat and wetland mitigation banks,
contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats
and wetland, and development of statewide and regional
natural habitat and wetland conservation and mitigation
plans, including any such banks, efforts, and plans
authorized under the Water Resources Development Act of
1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place
concurrent with or in advance of project construction;
except that contributions in advance of project
construction may occur only if the efforts are consistent
with all applicable requirements of Federal law (including
regulations) and State transportation planning processes.
With respect to participation in a natural habitat or
wetland mitigation effort related to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference shall be
given, to the maximum extent practicable, to the use of
the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60
Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).
``(N) Publicly-owned intracity or intercity bus terminals.
``(O) Infrastructure-based intelligent transportation
systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, any project
eligible for assistance under section 133, any airport, and
any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance
with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
``(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
``(C) Location.--Highways on the Interstate System shall be
located so as--
``(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation
departments of the State in which the route is located and
the adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of
a highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the
State or States in which the highway is located, designate
the highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in which
the highway is located, designate the highway as a future
Interstate System route.
``(ii) Written agreement of states.--A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in such clause that the highway
will be constructed to meet all standards of a highway on the
Interstate System by the date that is 12 years after the date
of the agreement.
``(iii) Removal of designation.--
``(I) In general.--If the State or States described in
clause (i) have not substantially completed the construction
of a highway designated under this subparagraph within the
time provided for in the agreement between the Secretary and
the State or States under clause (ii), the Secretary shall
remove the designation of the highway as a future Interstate
System route.
``(II) Effect of removal.--Removal of the designation of a
highway under subclause (I) shall not preclude the Secretary
from designating the highway as a route on the Interstate
System under subparagraph (A) or under any other provision of
law providing for addition to the Interstate System.
``(iv) Prohibition on referral as interstate system
route.--No law, rule, regulation, map, document, or other
record of the United States, or of any State or political
subdivision of a State, shall refer to any highway designated
as a future Interstate System route under this subparagraph,
nor shall any such highway be signed or marked, as a highway
on the Interstate System until such time as the highway is
constructed to the geometric and construction standards
for the Interstate System and has been designated as a
route on the Interstate System.
``(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph
shall create no additional Federal financial responsibility
with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and approval
by the Secretary, the Secretary may transfer to the
apportionment of the State under section 104(b)(1) any amount
of funds apportioned to the State under section 104(b)(5)(A)
(as in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the
amount does not exceed the Federal share of the costs of
construction of segments of the Interstate System in the
State included in the most recent Interstate System cost
estimate.
``(B) Effect of transfer.--Upon transfer of an amount under
subparagraph (A), the construction on which the amount is
based, as included in the most recent Interstate System cost
estimate, shall not be eligible for funding under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) or 118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State
under section 104(b)(1) any amount of surplus funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the State
has fully financed all work eligible under the most recent
Interstate System cost estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.''.
(b) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under
section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act),
shall be available for obligation by the State under the law
(including regulations, policies, and procedures) relating to
the obligation and expenditure of the funds in effect on that
date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading by striking ``Substitute,'';
and
(ii) in paragraph (1)(A)(i) by striking ``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ``which has been'' and all that follows
through ``and has not'' and inserting ``which is a public
road and has not''.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Treatment of segments.--Subject to subparagraph (C),
segments designated as parts of the Interstate System under
this paragraph shall be treated in the same manner as
segments designated under section 103(c)(4)(A) of title 23,
United States Code.''.
[[Page H3801]]
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review the condition of and improvements made, since
the designation of the National Highway System, to connectors
on the National Highway System that serve seaports, airports,
and other intermodal freight transportation facilities; and
(B) report to Congress on the results of such review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors and identify projects carried out on
those connectors that were intended to provide and improve
service to an intermodal facility referred to in paragraph
(1) and to facilitate the efficient movement of freight,
including movements of freight between modes.
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are
impediments to improving the connectors serving intermodal
facilities referred to in paragraph (1), the Secretary shall
identify such impediments and make any appropriate
recommendations as part of the Secretary's report to Congress
under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(A) routes on the Interstate System designated under
section 103(c)(1) and, in Alaska and Puerto Rico, under
section 103(c)(4)(A);
``(B) routes on the Interstate System designated before the
date of enactment of the Transportation Equity Act for the
21st Century under subsections (a) and (b) of section 139 (as
in effect on the day before the date of enactment of such
Act); and
``(C) any segments that become part of the Interstate
System under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
``(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such road
is subject to a Secretarial agreement provided for in section
129 or continued in effect by section 1012(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1939) and not voided by the Secretary under section
120(c) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated to carry
out this section shall be out of the Highway Trust Fund and
shall be apportioned in accordance with section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--
Section 118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000
in fiscal year 1998 and $100,000,000 in each of fiscal years
1999 through 2003 for obligation by the Secretary for
projects for resurfacing, restoring, rehabilitating, and
reconstructing any route or portion thereof on the Interstate
System (other than any highway designated as a part of the
Interstate System under section 139 (as in effect on the day
before the date of enactment of the Transportation Equity Act
for the 21st Century) and any toll road on the Interstate
System not subject to an agreement under section 119(e) (as
in effect on December 17, 1991).
``(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary to any
State applying for such funds if the Secretary determines
that--
``(A) the State has obligated or demonstrates that it will
obligate in the fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by itself, is
insufficient to pay the Federal share of the cost of a
project for resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System that has been submitted
by the State to the Secretary for approval; and
``(B) the applicant is willing and able to--
``(i) obligate the funds within 1 year of the date the
funds are made available;
``(ii) apply the funds to a ready-to-commence project; and
``(iii) in the case of construction work, begin work within
90 days after obligation.
``(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of
which exceeds $10,000,000 on any high volume route in an
urban area or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary funds.--Sums
made available pursuant to this subsection shall remain
available until expended.''.
(c) Interstate Needs.--
(1) Study.--The Secretary shall conduct, in cooperation
with States and affected metropolitan planning organizations,
a study to determine--
(A) the expected condition of the Interstate System over
the next 10 years and the needs of States and metropolitan
planning organizations to reconstruct and improve the
Interstate System;
(B) the resources necessary to maintain and improve the
Interstate System; and
(C) the means to ensure that the Nation's surface
transportation program can--
(i) address the needs identified in subparagraph (A); and
(ii) allow for States to address any extraordinary needs.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the
study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide
intercity passenger service by bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and inserting ``bicycle'';
and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)'';
(4) in paragraph (4) by inserting ``infrastructure'' after
``safety'';
(5) in paragraph (9) by striking ``section 108(f)(1)(A)
(other than clauses (xii) and (xvi)) of the Clean Air Act''
and inserting ``section 108(f)(1)(A) (other than clause
(xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(ii) by striking ``enhance and create'' and inserting
``enhance, and create natural habitats and''; and
(iii) by inserting ``natural habitat and'' before
``wetlands conservation''; and
(B) by adding at the end the following: ``With respect to
participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that has
an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the bank
contains sufficient available credits to offset the impact
and the bank is approved in accordance with the Federal
Guidance for the Establishment, Use and Operation of
Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or
other applicable Federal law (including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation
systems capital improvements.
``(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm
water treatment systems) to address water pollution or
environmental degradation caused or contributed to by
transportation facilities, which projects shall be carried
out when the transportation facilities are undergoing
reconstruction, rehabilitation, resurfacing, or restoration;
except that the expenditure of funds under this section for
any such environmental restoration or pollution abatement
project shall not exceed 20 percent of the total cost of the
reconstruction, rehabilitation, resurfacing, or restoration
project.''.
(b) Transportation Enhancement Activities.--Section 133 of
such title is amended--
(1) in subsection (d)(3)(D) by striking ``any State'' and
all that follows through the period at the end and inserting
``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if the Secretary''
and all that follows through ``activities''; and
(B) in paragraph (5) by adding at the end the following:
``(C) Cost sharing.--
``(i) Required aggregate non-federal share.--The average
annual non-Federal share of the total cost of all projects to
carry out transportation enhancement activities in a State
for a fiscal year shall be not less than the non-Federal
share authorized for the State under section 120(b).
``(ii) Innovative financing.--Subject to clause (i),
notwithstanding section 120--
``(I) funds from other Federal agencies and the value of
other contributions (as determined by the Secretary) may be
credited toward the non-Federal share of the costs of a
project to carry out a transportation enhancement activity;
``(II) the non-Federal share for such a project may be
calculated on a project, multiple-project, or program basis;
and
``(III) the Federal share of the cost of an individual
project to which subclause (I) or (II) applies may be up to
100 percent.''.
(c) Program Approval.--Section 133(e) of such title is
amended by striking paragraph (2) and inserting the
following:
``(2) Program approval.--
``(A) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(i) certifies that the State will meet all the
requirements of this section; and
``(ii) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(B) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in subparagraph (A)(ii) as the
State determines to be necessary.
``(C) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under subparagraph (A) shall
be deemed a contractual obligation of the United
[[Page H3802]]
States to pay surface transportation program funds made
available under this title.''.
(d) Payments.--Section 133(e)(3)(A) of such title is
amended by striking the second sentence.
(e) Surface Transportation Program Obligations in Urban
Areas.--Section 133 of such title is amended to read as
follows:
``(f) Obligation Authority.--
``(1) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the period of fiscal years 1998 through 2000 and the period
of fiscal years 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid highways
and highway safety construction programs for use in the area
that is equal to the amount obtained by multiplying--
``(A) the aggregate amount of funds that the State is
required to obligate in the area under subsection (d) during
the period; and
``(B) the ratio that--
``(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
``(ii) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation)
during the period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).''.
(f) Division of STP Funds for Areas of Less Than 5,000
Population.--
(1) Special rule.--Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph
(2), up to 15 percent of the amounts required to be obligated
under section 133(d)(3)(B) of such title for each of fiscal
years 1998 through 2003 may be obligated on roads
functionally classified as minor collectors.
(2) Suspension.--The Secretary may suspend the application
of paragraph (1) if the Secretary determines that paragraph
(1) is being used excessively.
(g) Encouragement of Use of Youth Conservation or Service
Corps.--The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified
youth conservation or service corps to perform appropriate
transportation enhancement activities under chapter 1 of
title 23, United States Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23,
United States Code, is amended in the fourth sentence by
inserting before the period at the end the following: ``,
and, if a State transfers funds apportioned to the State
under this section in a fiscal year beginning after September
30, 1997, to any other apportionment of funds to such State
under this title, the total cost of deficient bridges in such
State and in all States to be determined for the succeeding
fiscal year shall be reduced by the amount of such
transferred funds''.
(b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of
such title is amended--
(1) by inserting ``(A) Fiscal years 1992 through 1997.--''
before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal year 1998.--Of the amounts authorized to be
appropriated to carry out the bridge program under this
section for fiscal year 1998, all but $25,000,000 shall be
apportioned as provided in subsection (e) of this section.
Such $25,000,000 shall be available only for projects for the
seismic retrofit of a bridge described in subsection (l).
``(C) Fiscal years 1999 through 2003.--Of the amounts
authorized to be appropriated to carry out the bridge program
under this section for each of fiscal years 1999 through
2003, all but $100,000,000 shall be apportioned as provided
in subsection (e). Such $100,000,000 shall be available at
the discretion of the Secretary; except that not to exceed
$25,000,000 shall be available only for projects for the
seismic retrofit of bridges, including projects in the New
Madrid fault region.''; and
(3) by indenting subparagraph (A) (as designated by
paragraph (1) of this subsection) and aligning such
subparagraph (A) with subparagraphs (B) and (C) of such
section (as added by paragraph (2) of this subsection).
(c) Off-System Bridge Set-Aside.--Section 144(g)(3) of such
title is amended--
(1) by striking ``, 1988'' and all that follows through
``1997,'' and inserting ``through 2003''; and
(2) by striking ``system'' each place it appears and
inserting ``highway''.
(d) Eligibility.--Section 144 of title 23, United States
Code, is amended--
(1) in subsection (d) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and de-icing compositions or installing scour
countermeasures'';
(2) in subsection (d) by inserting after ``such acetate''
each place it appears the following: ``or sodium acetate/
formate or such anti-icing or de-icing composition or
installation of such countermeasures''; and
(3) in subsection (g)(3) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and de-icing compositions or install scour countermeasures''.
(e) Conforming Amendment.--Section 144(n) of such title is
amended by striking ``system'' and inserting ``highway''.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Establishment of Program.--Section 149(a) of title 23,
United States Code, is amended by inserting after
``establish'' the following: ``and implement''.
(b) Currently Eligible Projects.--Section 149(b) of such
title is amended--
(1) by striking ``that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994'' and inserting
the following: ``that is or was designated as a nonattainment
area for ozone, carbon monoxide, or particulate matter under
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
classified pursuant to section 181(a), 186(a), 188(a), or
188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
7513(a), or 7513(b)) or is or was designated as a
nonattainment area under such section 107(d) after December
31, 1997,'';
(2) in paragraph (1)(A) by striking ``clauses (xii) and'';
and inserting ``clause'';
(3) in paragraph (1)(A)(ii) by striking ``an area'' and all
that follows through the semicolon and inserting ``a
maintenance area;'';
(4) by striking ``or'' at the end of paragraph (3);
(5) by striking ``standard.'' at the end of paragraph (4)
and inserting ``standard; or''; and
(6) by inserting after paragraph (4) the following:
``(5) if the program or project improves traffic flow,
including projects to improve signalization, construct high
occupancy vehicle lanes, improve intersections, and implement
intelligent transportation system strategies and such other
projects that are eligible for assistance under this section
on the day before the date of enactment of this paragraph.''.
(c) States Receiving Minimum Apportionment.--Section 149 of
such title is amended by striking subsection (c) and
inserting the following:
``(c) States Receiving Minimum Apportionment.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.), the State
may use funds apportioned to the State under section
104(b)(2) for any project eligible under the surface
transportation program under section 133.
``(2) States with a nonattainment area.--If a State has a
nonattainment area or maintenance area and receives funds
under section 104(b)(2)(D) above the amount of funds that the
State would have received based on its nonattainment and
maintenance area population under subparagraphs (B) and (C)
of section 104(b)(2), the State may use that portion of the
funds not based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2) for any project in the State eligible under section
133.''.
(d) Public-Private Partnerships.--
(1) In general.--Section 149 of such title is amended by
adding at the end the following:
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other provision of
this title and in accordance with this subsection, a
metropolitan planning organization, State transportation
department, or other project sponsor may enter into an
agreement with any public, private, or nonprofit entity to
cooperatively implement any project carried out under this
section.
``(2) Forms of participation by entities.--Participation by
an entity under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration, construction
management, project management, project operation, or any
other management or operational duty associated with the
project; and
``(D) any other form of participation approved by the
Secretary.
``(3) Allocation to entities.--A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
``(4) Alternative fuel projects.--In the case of a project
that will provide for the use of alternative fuels by
privately owned vehicles or vehicle fleets, activities
eligible for funding under this subsection--
``(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would support
the development, production, and use of emerging technologies
that reduce emissions of air pollutants from motor vehicles,
and other capital investments associated with the project;
``(B) shall include only the incremental cost of an
alternative fueled vehicle, as compared to a conventionally
fueled vehicle, that would otherwise be borne by a private
party; and
``(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
``(5) Prohibition on federal participation with respect to
required activities.--A Federal participation payment under
this subsection may not be made to an entity to fund an
obligation imposed under the Clean Air Act (42 U.S.C. 7401 et
seq.) or any other Federal law.''.
(2) Determination by the secretary.--For the purposes of
section 149(c) of title 23, United States Code, the Secretary
shall determine in accordance with the procedures specified
in section 149(b) of such title whether water-phased
hydrocarbon fuel emulsion technologies that consist of a
hydrocarbon base and water in an amount not less than 20
percent by volume that reduce emissions of hydrocarbon,
particulate matter, carbon monoxide, or nitrogen oxide from
motor vehicles.
(e) Study of CMAQ Program.--
(1) In general.--The Secretary and the Administrator of the
Environmental Protection
[[Page H3803]]
Agency shall enter into arrangements with the National
Academy of Sciences to complete, by not later than January 1,
2001, a study of the congestion mitigation and air quality
improvement program under section 149 of title 23, United
States Code. The study shall, at a minimum--
(A) evaluate the air quality impacts of emissions from
motor vehicles;
(B) evaluate the negative effects of traffic congestion,
including the economic effects of time lost due to
congestion;
(C) determine the amount of funds obligated under the
program and make a comprehensive analysis of the types of
projects funded under the program;
(D) evaluate the emissions reductions attributable to
projects of various types that have been funded under the
program;
(E) assess the effectiveness, including the quantitative
and non-quantitative benefits, of projects funded under the
program and include, in the assessment, an estimate of the
cost per ton of pollution reduction;
(F) assess the cost effectiveness of projects funded under
the program with respect to congestion mitigation;
(G) compare--
(i) the costs of achieving the air pollutant emissions
reductions achieved under the program; to
(ii) the costs that would be incurred if similar reductions
were achieved by other measures, including pollution controls
on stationary sources;
(H) include recommendations on improvements, including
other types of projects, that will increase the overall
effectiveness of the program;
(I) include recommendations on expanding the scope of the
program to address traffic-related pollutants that, as of the
date of the study, are not addressed by the program.
(2) Report.--Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the
Committee on Transportation and Infrastructure and the
Committee on Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate a
report on the results of the study with recommendations for
modifications to the congestion mitigation and air quality
improvement program in light of the results of the study.
(3) Funding.--Before making the apportionment of funds
under section 104(b)(2) of title 23, United States Code, for
each of fiscal years 1999 and 2000, the Secretary shall
deduct from the amount to be apportioned under such section
for such fiscal year, and make available, $500,000 for such
fiscal year to carry out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) State-Determined Lower Federal Share.--Section 120 of
title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Except'' and inserting the following:
``(1) In general.--Except'';
(B) by adding at the end the following:
``(2) State-determined lower federal share.--In the case of
any project subject to paragraph (1), a State may determine a
lower Federal share than the Federal share determined under
such paragraph.''; and
(C) by aligning the remainder of the text of paragraph (1)
(as designated by subparagraph (A) of this paragraph) with
paragraph (2) of such subsection (as added by subparagraph
(B) of this paragraph); and
(2) in subsection (b) by adding at the end the following:
``In the case of any project subject to this subsection, a
State may determine a lower Federal share than the Federal
share determined under the preceding sentences of this
subsection.''.
(b) Increased Federal Share for Certain Safety Projects.--
The first sentence of section 120(c) of such title is amended
by inserting ``or transit vehicles'' after ``emergency
vehicles''.
(c) Credit for Non-Federal Share.--Section 120 of such
title is amended by adding at the end the following:
``(j) Credit for Non-Federal Share.--
``(1) Eligibility.--A State may use as a credit toward the
non-Federal share requirement for any funds made available to
carry out this title (other than the emergency relief program
authorized by section 125) or chapter 53 of title 49 toll
revenues that are generated and used by public, quasi-public,
and private agencies to build, improve, or maintain highways,
bridges, or tunnels that serve the public purpose of
interstate commerce. Such public, quasi-public, or private
agencies shall have built, improved, or maintained such
facilities without Federal funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
State funds required to match Federal funds for any program
under this title.
``(B) Condition on receipt of credit.--To receive a credit
under paragraph (1) for a fiscal year, a State shall enter
into such agreement as the Secretary may require to ensure
that the State will maintain its non-Federal transportation
capital expenditures in such fiscal year at or above the
average level of such expenditures for the preceding 3 fiscal
years; except that if, for any 1 of the preceding 3 fiscal
years, the non-Federal transportation capital expenditures of
the State were at a level that was greater than 130 percent
of the average level of such expenditures for the other 2 of
the preceding 3 fiscal years, the agreement shall ensure that
the State will maintain its non-Federal transportation
capital expenditures in the fiscal year of the credit at or
above the average level of such expenditures for the other 2
fiscal years.
``(C) Transportation capital expenditures defined.--In
subparagraph (B), the term `non-Federal transportation
capital expenditures' includes any payments made by the State
for issuance of transportation-related bonds.
``(3) Treatment.--
``(A) Limitation on liability.--Use of a credit for a non-
Federal share under this subsection that is received from a
public, quasi-public, or private agency--
``(i) shall not expose the agency to additional liability,
additional regulation, or additional administrative
oversight; and
``(ii) shall not subject the agency to any additional
Federal design standards or laws (including regulations) as a
result of providing the non-Federal share other than those to
which the agency is already subject.
``(B) Chartered multistate agencies.--When a credit that is
received from a chartered multistate agency is applied to a
non-Federal share under this subsection, such credit shall be
applied equally to all charter States.''.
(d) Conforming Amendments.--Section 130(a) of such title is
amended--
(1) in the first sentence by striking ``Except as provided
in subsection (d) of section 120 of this title'' and
inserting ``Subject to section 120''; and
(2) in the second sentence by striking ``except as provided
in subsection (d) of section 120 of this title'' and
inserting ``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motorized recreation.--The term `motorized
recreation' means off-road recreation using any motor-powered
vehicle, except for a motorized wheelchair.
``(2) Recreational trail.--The term `recreational trail'
means a thoroughfare or track across land or snow, used for
recreational purposes such as--
``(A) pedestrian activities, including wheelchair use;
``(B) skating or skateboarding;
``(C) equestrian activities, including carriage driving;
``(D) nonmotorized snow trail activities, including skiing;
``(E) bicycling or use of other human-powered vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
``(b) Program.--In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program
to provide and maintain recreational trails.
``(c) State Responsibilities.--To be eligible for
apportionments under this section--
``(1) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
``(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and
nonmotorized recreational trail users, which shall meet not
less often than once per fiscal year.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds apportioned to a State to carry
out this section shall be obligated for recreational trails
and related projects that--
``(A) have been planned and developed under the laws,
policies, and administrative procedures of the State; and
``(B) are identified in, or further a specific goal of, a
recreational trail plan, or a statewide comprehensive outdoor
recreation plan required by the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), that is in
effect.
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of existing recreational
trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational
trails;
``(C) purchase and lease of recreational trail construction
and maintenance equipment;
``(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal
lands, construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and required by a statewide comprehensive
outdoor recreation plan that is required by the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.) and that is in effect;
``(iii) approved by the administering agency of the State
designated under subsection (c)(1); and
``(iv) approved by each Federal agency having jurisdiction
over the affected lands under such terms and conditions as
the head of the Federal agency determines to be appropriate,
except that the approval shall be contingent on compliance by
the Federal agency with all applicable laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
``(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail
corridors;
``(F) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment made to the State for the fiscal
year to carry out this section; and
[[Page H3804]]
``(G) operation of educational programs to promote safety
and environmental protection as those objectives relate to
the use of recreational trails, but in an amount not to
exceed 5 percent of the apportionment made to the State for
the fiscal year.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in subparagraphs (B),
(C), and (D), of the apportionments made to a State for a
fiscal year to carry out this section--
``(i) 40 percent shall be used for recreational trail or
related projects that facilitate diverse recreational trail
use within a recreational trail corridor, trailside, or
trailhead, regardless of whether the project is for diverse
motorized use, for diverse nonmotorized use, or to
accommodate both motorized and nonmotorized recreational
trail use;
``(ii) 30 percent shall be used for uses relating to
motorized recreation; and
``(iii) 30 percent shall be used for uses relating to
nonmotorized recreation.
``(B) Small state exclusion.--Any State with a total land
area of less than 3,500,000 acres shall be exempt from the
requirements of clauses (ii) and (iii) of subparagraph (A).
``(C) Waiver authority.--A State recreational trail
advisory committee established under subsection (c)(2), may
waive, in whole or in part, the requirements of clauses (ii)
and (iii) of subparagraph (A) if the State recreational trail
advisory committee determines and notifies the Secretary that
the State does not have sufficient projects to meet the
requirements of clauses (ii) and (iii) of subparagraph (A).
``(D) State administrative costs.--State administrative
costs eligible for funding under paragraph (2)(F) shall be
exempt from the requirements of subparagraph (A).
``(4) Grants.--
``(A) In general.--A State may use funds apportioned to the
State to carry out this section to make grants to private
organizations, municipal, county, State, and Federal
government entities, and other government entities as
approved by the State after considering guidance from the
State recreational trail advisory committee established under
subsection (c)(2), for uses consistent with this section.
``(B) Compliance.--A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of the
program for the use of grant funds.
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of
this section, a State should give consideration to project
proposals that provide for the redesign, reconstruction,
nonroutine maintenance, or relocation of recreational trails
to benefit the natural environment or to mitigate and
minimize the impact to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--Notwithstanding any
other provision of law, a Federal agency that sponsors a
project under this section may contribute additional Federal
funds toward the cost of a project, except that--
``(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of a
project under this section; and
``(B) the share attributable to the Secretary and the
Federal agency may not exceed 95 percent of the cost of a
project under this section.
``(3) Use of funds from federal programs to provide non-
federal share.--Notwithstanding any other provision of law,
the non-Federal share of the cost of the project may include
amounts made available by the Federal Government under any
Federal program that are--
``(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
``(B) expended on a project that is eligible for assistance
under this section.
``(4) Programmatic non-federal share.--A State may allow
adjustments to the non-Federal share of an individual project
for a fiscal year under this section if the Federal share of
the cost of all projects carried out by the State under the
program (excluding projects funded under paragraph (2) or
(3)) using funds apportioned to the State for the fiscal year
does not exceed 80 percent.
``(5) State administrative costs.--The Federal share of the
administrative costs of a State under this subsection shall
be determined in accordance with section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
``(1) condemnation of any kind of interest in property;
``(2) construction of any recreational trail on National
Forest System land for any motorized use unless--
``(A) the land has been designated for uses other than
wilderness by an approved forest land and resource management
plan or has been released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise consistent with the
management direction in the approved forest land and resource
management plan;
``(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land--
``(A) has been designated for uses other than wilderness by
an approved Bureau of Land Management resource management
plan or has been released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise consistent with the
management direction in the approved management plan; or
``(4) upgrading, expanding, or otherwise facilitating
motorized use or access to recreational trails predominantly
used by nonmotorized recreational trail users and on which,
as of May 1, 1991, motorized use was prohibited or had not
occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials, services,
or new right-of-way.--
``(A) In general.--Nothing in this title or other law shall
prevent a project sponsor from offering to donate funds,
materials, services, or a new right-of-way for the purposes
of a project eligible for assistance under this section. Any
funds, or the fair market value of any materials, services,
or new right-of-way, may be donated by any project sponsor
and shall be credited to the non-Federal share in accordance
with subsection (f).
``(B) Federal project sponsors.--Any funds or the fair
market value of any materials or services may be provided by
a Federal project sponsor and shall be credited to the
Federal agency's share in accordance with subsection (f).
``(2) Recreational purpose.--A project funded under this
section is intended to enhance recreational opportunity and
is not subject to section 138 of this title or section 303 of
title 49.
``(3) Continuing recreational use.--At the option of each
State, funds apportioned to the State to carry out this
section may be treated as Land and Water Conservation Fund
apportionments for the purposes of section 6(f)(3) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition of making
available apportionments for work on recreational trails that
would affect privately owned land, a State shall obtain
written assurances that the owner of the land will cooperate
with the State and participate as necessary in the activities
to be conducted.
``(B) Public access.--Any use of the apportionments to a
State to carry out this section on privately owned land must
be accompanied by an easement or other legally binding
agreement that ensures public access to the recreational
trail improvements funded by the apportionments.
``(i) Contract Authority.--Funds authorized to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that the Federal share of the cost of a project under
this section shall be determined in accordance with this
section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the
Intermodal Surface Transportation Efficiency Act of 1991 (16
U.S.C. 1261) is repealed.
(d) Termination of Advisory Committee.--Section 1303 of
such Act (16 U.S.C. 1262) is amended by adding at the end the
following:
``(j) Termination.--The advisory committee established by
this section shall terminate on September 30, 2000.''.
(e) Encouragement of Use of Youth Conservation or Service
Corps.--The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified
youth conservation or service corps to perform construction
and maintenance of recreational trails under section 206 of
title 23, United States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United
States Code, is amended in the first sentence by striking
``highway system'' and inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of such title is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) General Eligibility.--Subject to this section and
section 120, an emergency fund is authorized for expenditure
by the Secretary for the repair or reconstruction of
highways, roads, and trails, in any part of the United
States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds
be used pursuant to this section for the repair or
reconstruction of bridges that have been permanently closed
to all vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to establish the fund authorized by this section
and to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section; except
that, if in any fiscal year the total of all obligations
under this section is less than the amount authorized to be
obligated in such fiscal year, the unobligated balance of
such amount shall remain available until expended and shall
be in addition to amounts otherwise available to carry out
this section each year.
``(2) Pending such appropriation or replenishment, the
Secretary may obligate from any
[[Page H3805]]
funds heretofore or hereafter appropriated for obligation in
accordance with this title, including existing Federal-aid
appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized. Funds
obligated under this paragraph shall be reimbursed from such
appropriation or replenishment.'';
(3) in subsection (d) (as so redesignated)--
(A) in the first sentence by striking ``reconstruction of
highways'' and all that follows through ``in accordance'' and
inserting ``reconstruction of highways on Federal-aid
highways in accordance'';
(B) by striking ``subsection (c)'' both places it appears
and inserting ``subsection (e)'';
(C) in the second sentence by striking ``authorized'' and
all that follows through the period and inserting
``authorized on Federal-aid highways.''; and
(D) in the last sentence by striking ``Disaster Relief and
Emergency Assistance Act (Public Law 93-288)'' and inserting
``Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)''; and
(4) in subsection (e) (as so redesignated) by striking ``on
any of the Federal-aid highway systems'' and inserting
``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct
any portion of a Federal-aid primary route in San Mateo
County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of
title 23, United States Code, if the project complies with
the local coastal plan.
(d) Technical Amendments.--Section 120(e) of such title is
amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States
Code, is amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) State Defined.--In this section, the term `State'
means the 50 States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall carry out highway
use tax evasion projects in accordance with this subsection.
``(2) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
``(3) Conditions on funds allocated to internal revenue
service.--The Secretary shall not impose any condition on the
use of funds allocated to the Internal Revenue Service under
this subsection.
``(4) Limitation on use of funds.--Funds made available to
carry out this section shall be used only--
``(A) to expand efforts to enhance motor fuel tax
enforcement;
``(B) to fund additional Internal Revenue Service staff,
but only to carry out functions described in this paragraph;
``(C) to supplement motor fuel tax examinations and
criminal investigations;
``(D) to develop automated data processing tools to monitor
motor fuel production and sales;
``(E) to evaluate and implement registration and reporting
requirements for motor fuel taxpayers;
``(F) to reimburse State expenses that supplement existing
fuel tax compliance efforts; and
``(G) to analyze and implement programs to reduce tax
evasion associated with other highway use taxes.
``(5) Maintenance of effort.--The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of
funds of the State, exclusive of Federal funds, for motor
fuel tax enforcement activities will be maintained at a level
that does not fall below the average level of such
expenditure for the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be 100
percent.
``(7) Period of availability.--Funds authorized to carry
out this section shall remain available for obligation for a
period of 3 years after the last day of the fiscal year for
which the funds are authorized.
``(8) Use of surface transportation program funding.--In
addition to funds made available to carry out this section, a
State may, expend up to \1/4\ of 1 percent of the funds
apportioned to the State for a fiscal year under section
104(b)(3) on initiatives to halt the evasion of payment of
motor fuel taxes.
``(c) Excise Fuel Reporting System.--
``(1) In general.--Not later than April 1, 1998, the
Secretary shall enter into a memorandum of understanding with
the Commissioner of the Internal Revenue Service for the
purposes of the development and maintenance by the Internal
Revenue Service of an excise fuel reporting system (in this
subsection referred to as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
``(B) the system shall be under the control of the Internal
Revenue Service; and
``(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, and law
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 1998 through 2003, the
Secretary shall make available sufficient funds to the
Internal Revenue Service to establish and operate an
automated fuel reporting system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is amended by
striking the item relating to section 143 and inserting the
following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992)
is repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203)
is amended--
(A) in the first sentence of subsection (g) by striking
``section 1040 of this Act'' and inserting ``section 143 of
title 23, United States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, the funds
appropriated to any Federal land management agency may be
used to pay the non-Federal share of the cost of any
Federal-aid highway project the Federal share of which is
funded under section 104.
``(k) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the Federal lands
highways program under section 204 may be used to pay the
non-Federal share of the cost of any project that is funded
under section 104 and that provides access to or within
Federal or Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--'' after
``(d)'';
(2) by inserting ``(1) For fiscal years ending before
october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the following:
``ending before October 1, 1999'';
(4) by adding at the end the following:
``(2) Fiscal year 2000 and thereafter.--
``(A) In general.--All funds authorized to be appropriated
for Indian reservation roads shall be allocated among Indian
tribes for fiscal year 2000 and each subsequent fiscal year
in accordance with a formula established by the Secretary of
the Interior under a negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5.
``(B) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall issue
regulations governing the Indian reservation roads program,
and establishing the funding formula for fiscal year 2000 and
each subsequent fiscal year under this paragraph, in
accordance with a negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5. The regulations shall
be issued in final form not later than April 1, 1999, and
shall take effect not later than October 1, 1999.
``(C) Negotiated rulemaking committee.--In establishing a
negotiated rulemaking committee to carry out subparagraph
(B), the Secretary of the Interior shall--
``(i) apply the procedures under subchapter III of chapter
5 of title 5 in a manner that reflects the unique government-
to-government relationship between the Indian tribes and the
United States; and
``(ii) ensure that the membership of the committee includes
only representatives of the Federal Government and of
geographically diverse small, medium, and large Indian
tribes.
``(D) Basis for funding formula.--The funding formula
established for fiscal year 2000 and each subsequent fiscal
year under this paragraph shall be based on factors that
reflect--
``(i) the relative needs of the Indian tribes, and
reservation or tribal communities, for transportation
assistance; and
``(ii) the relative administrative capacities of, and
challenges faced by, various Indian tribes, including the
cost of road construction in each Bureau of Indian Affairs
area, geographic isolation and difficulty in maintaining all-
weather access to employment, commerce, health, safety, and
educational resources.
``(3) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual,
or policy directive, all funds made available under this
title for Indian reservation roads and for highway bridges
located on Indian reservation roads to pay for the costs of
programs, services, functions, and activities, or portions
thereof, that are specifically or functionally related to the
cost of planning, research, engineering, and construction of
any highway, road, bridge, parkway, or transit facility that
provides access to or is located within the reservation or
community of an Indian tribe shall be made available, upon
request of the Indian tribal government, to the Indian tribal
government for contracts and agreements for such planning,
research, engineering, and construction in accordance with
the Indian Self-Determination and Education Assistance Act.
``(B) Exclusion of agency participation.--Funds for
programs, functions, services, or activities, or portions
thereof, including supportive
[[Page H3806]]
administrative functions that are otherwise contractible to
which subparagraph (A) apply, shall be paid in accordance
with subparagraph (A) without regard to the organizational
level at which the Department of Interior that has previously
carried out such programs, functions, services, or
activities.
``(4) Reservation of funds.--
``(A) Nationwide priority program.--The Secretary shall
establish a nationwide priority program for improving
deficient Indian reservation road bridges.
``(B) Reservation.--Of the amounts authorized to be
appropriated for Indian reservation roads for each fiscal
year, the Secretary, in cooperation with the Secretary of the
Interior, shall reserve not less than $13,000,000 for
projects to replace, rehabilitate, seismically retrofit,
paint, apply calcium magnesium acetate to, apply sodium
acetate/formate deicer to, or install scour countermeasures
for deficient Indian reservation road bridges, including
multiple-pipe culverts.
``(C) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in subparagraph (A)
must--
``(i) have an opening of 20 feet or more;
``(ii) be on an Indian reservation road;
``(iii) be unsafe because of structural deficiencies,
physical deterioration, or functional obsolescence; and
``(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).
``(D) Approval requirement.--Funds to carry out Indian
reservation road bridge projects under this subsection shall
be made available only on approval of plans, specifications,
and estimates by the Secretary.''; and
(5) by indenting paragraph (1) (as designated by paragraph
(2) of this paragraph) and aligning paragraph (1) with
paragraphs (2), (3), and (4) (as added by paragraph (4) of
this paragraph).
(c) Availability of Funds.--Section 203 of such title is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, the authorization by the
Secretary of engineering and related work for a Federal lands
highways program project, or the approval by the Secretary of
plans, specifications, and estimates for construction of a
Federal lands highways program project, shall be deemed to
constitute a contractual obligation of the Federal
Government to pay the Federal share of the cost of the
project.''.
(d) Planning and Agency Coordination.--Section 204 of such
title is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all Federal
roads that are public roads to be treated under uniform
policies similar to the policies that apply to Federal-aid
highways, there is established a coordinated Federal lands
highways program that shall apply to public lands highways,
park roads and parkways, and Indian reservation roads and
bridges.
``(2) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land
management agency, the Secretary shall develop, by rule,
transportation planning procedures that are consistent with
the metropolitan and statewide planning processes required
under sections 134 and 135.
``(3) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
``(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
``(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
``(5) Inclusion in state programs.--The approved Federal
lands highways program transportation improvement program
shall be included in appropriate State and metropolitan
planning organization plans and programs without further
action on the transportation improvement program.
``(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop by rule safety,
bridge, pavement, and congestion management systems for roads
funded under the Federal lands highways program.'';
(2) in subsection (b) by striking the first 3 sentences and
inserting the following: ``Funds available for public lands
highways, park roads and parkways, and Indian reservation
roads shall be used by the Secretary and the Secretary of the
appropriate Federal land management agency to pay for the
cost of transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or of
transit facilities within public lands, national parks, and
Indian reservations. In connection with activities under the
preceding sentence, the Secretary and the Secretary of the
appropriate Federal land management agency may enter into
construction contracts and other appropriate contracts with a
State or civil subdivision of a State or Indian tribe.'';
(3) in the first sentence of subsection (e) by striking
``Secretary of the Interior'' and inserting ``Secretary of
the appropriate Federal land management agency'';
(4) in subsection (h) by adding at the end the following:
``(8) A project to build a replacement of the federally
owned bridge over the Hoover Dam in the Lake Mead National
Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the following:
``(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
``(1) Administrative costs.--The Secretary shall transfer
to the appropriate Federal land management agency from
amounts made available for public lands highways such amounts
as are necessary to pay necessary administrative costs of the
agency in connection with public lands highways.
``(2) Transportation planning costs.--The Secretary shall
transfer to the appropriate Federal land management agency
from amounts made available for public lands highways such
amounts as are necessary to pay the cost to the agency to
conduct necessary transportation planning for Federal lands,
if funding for the planning is not otherwise provided under
this section.''; and
(6) in subsection (j) by striking the second sentence and
inserting the following: ``The Indian tribal government, in
cooperation with the Secretary of the Interior, and as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation
planning process in accordance with subsection (a).''.
(e) Refuge Roads.--
(1) Authorizations.--Section 201 of such title is amended
in the first sentence by inserting ``refuge roads,'' before
``public lands highways,''.
(2) Allocations.--Section 202 of such title is amended by
adding at the end the following:
``(e) Refuge Roads.--On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that
fiscal year for refuge roads according to the relative needs
of the various refuges in the National Wildlife Refuge
System, and taking into consideration--
``(1) the comprehensive conservation plan for each refuge;
``(2) the need for access as identified through land use
planning; and
``(3) the impact of land use planning on existing
transportation facilities.''.
(3) Availability of funds.--Section 203 of such title is
amended in the first and fourth sentences--
(A) by striking ``for,'' and inserting ``for''; and
(B) by inserting ``refuge roads,'' after ``parkways,'' each
place it appears.
(4) Use of funding.--Section 204 of such title is amended
by adding at the end the following:
``(k) Refuge Roads.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for refuge roads shall be
used by the Secretary and the Secretary of the Interior only
to pay the cost of--
``(A) maintenance and improvements of refuge roads;
``(B) maintenance and improvements of eligible projects
described in paragraphs (2), (5), (6) of subsection (h) that
are located in or adjacent to wildlife refuges; and
``(C) administrative costs associated with such maintenance
and improvements.
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the Interior, as appropriate,
may enter into contracts with a State or civil subdivision of
a State or Indian tribe as is determined advisable.
``(3) Compliance with other law.--Funds made available for
refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 628) is
amended--
(1) in paragraph (3) by striking ``, including approaches
thereto''; and
(2) in paragraph (5) by striking ``to be determined under
section 407. Such'' and all that follows through the period
at the end and inserting the following: ``as described in the
record of decision executed by the Secretary in compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The term includes ongoing short-term
rehabilitation and repairs to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1) of such
Act (109 Stat. 630) is amended by inserting ``or any Capital
Region jurisdiction'' after ``Authority'' each place it
appears.
(2) Agreement.--Section 407 of such Act (109 Stat. 630) is
amended by striking subsection (c) and inserting the
following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed
by the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the new bridge.
``(2) Terms of the agreement.--The agreement shall--
``(A) identify whether the Authority or a Capital Region
jurisdiction will accept ownership of the new bridge;
``(B) contain a financial plan satisfactory to the
Secretary, which shall be prepared before the execution of
the agreement, that specifies--
``(i) the total cost of the Project, including any cost-
saving measures;
``(ii) a schedule for implementation of the Project,
including whether any expedited design and construction
techniques will be used; and
``(iii) the sources of funding that will be used to cover
any costs of the Project not funded from funds made available
under section 412;
``(C) require that--
``(i) the Project include not more than 12 traffic lanes,
including 8 general purpose lanes, 2 merging/diverging lanes,
and 2 high occupancy vehicle, express bus, or rail transit
lanes;
[[Page H3807]]
``(ii) the design, construction, and operation of the
Project reflect the requirements of clause (i);
``(iii) all provisions described in the environmental
impact statement for the Project or the record of decision
for the Project (including in the attachments to the
statement and record) for mitigation of environmental and
other impacts of the Project be implemented; and
``(iv) the Authority and the Capital Region jurisdictions
develop a process to integrate affected local governments, on
an ongoing basis, in the process of carrying out the
engineering, design, and construction phases of the project,
including planning for implementing the provisions described
in clause (iii); and
``(D) contain such other terms and conditions as the
Secretary determines to be appropriate.''.
(c) Federal Contribution.--Such Act (109 Stat. 627) is
amended by adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $25,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $150,000,000 for fiscal year 2000,
$200,000,000 for fiscal year 2001, $225,000,000 for fiscal
year 2002, and $225,000,000 for fiscal year 2003 to pay the
costs of planning, preliminary engineering and design, final
engineering, acquisition of rights-of-way, and construction
of the Project; except that the costs associated with the
Bridge shall be given priority over other eligible costs,
other than design costs, of the Project.
``(2) Contract authority.--Funds authorized by this section
shall be available for obligation in the same manner as if
the funds were apportioned under chapter 1 of title 23,
United States Code; except that--
``(A) the funds shall remain available until expended;
``(B) the Federal share of the cost of the Bridge component
of the Project shall not exceed 100 percent; and
``(C) the Federal share of the cost of any other component
of the Project shall not exceed 80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title
limits the authority of any Capital Region jurisdiction to
use funds apportioned to the jurisdiction under paragraphs
(1) and (3) of section 104(b) of title 23, United States
Code, in accordance with the requirements for such funds, to
pay any costs of the Project.
``(c) Availability of Apportioned Funds.--None of the funds
made available under this section shall be available for
construction before the execution of the agreement described
in section 407(c), except that the Secretary may fund the
maintenance and rehabilitation of the Bridge, the design of
the Project, and right-of-way acquisition, including early
acquisition of construction staging areas.''.
(d) Conforming Amendment.--Section 405(b)(1) of such Act
(109 Stat. 629) is amended by striking ``the Signatories as
to the Federal share of the cost of the Project and the terms
and conditions related to the timing of the transfer of the
Bridge to''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds
made available by section 102 of this Act for fiscal years
1998 through 2003 among the States based on the latest
available cost to complete estimate for the Appalachian
development highway system under section 201 of the
Appalachian Regional Development Act of 1965 prepared by the
Appalachian Regional Commission. Such funds shall be
available to construct highways and access roads under
section 201 of the Appalachian Regional Development Act of
1965.
(b) Applicability of Title 23.--Funds authorized by section
102 of this Act for the Appalachian development highway
system shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of the
cost of any project under this section shall be determined in
accordance with such section 201 and such funds shall remain
available until expended.
(c) Federal Share for Pre-Financed Projects.--Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ``70'' and inserting
``80''.
(d) Corridor O.--There is hereby designated as an addition
to Corridor O in Pennsylvania on the Appalachian development
highway system a segment from Port Matilda to Interstate
Route 80 along United States Route 322, and the segment of
Corridor O from the Pennsylvania State line to the improved
segment in Bedford, Pennsylvania, shall be subtracted from
Corridor O. Such designated addition shall not affect
estimates of the cost to complete such system and such
subtracted segment may be included on a map of such system
for purposes of continuity only.
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT
PROGRAM.
(a) In General.--The Secretary shall establish and
implement a program to make allocations to States and
metropolitan planning organizations for coordinated planning,
design, and construction of corridors of national
significance, economic growth, and international or
interregional trade. A State or metropolitan planning
organization may apply to the Secretary for allocations under
this section.
(b) Eligibility of Corridors.--The Secretary may make
allocations under this section with respect to--
(1) high priority corridors identified in section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of
1991; and
(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of--
(A) the extent to which the annual volume of commercial
vehicle traffic at the border stations or ports of entry of
each State--
(i) has increased since the date of enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182); and
(ii) is projected to increase in the future;
(B) the extent to which commercial vehicle traffic in each
State--
(i) has increased since the date of enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182); and
(ii) is projected to increase in the future;
(C) the extent to which international truck-borne
commodities move through each State;
(D) the reduction in commercial and other travel time
through a major international gateway or affected port of
entry expected as a result of the proposed project including
the level of traffic delays at at-grade highway crossings of
major rail lines in trade corridors;
(E) the extent of leveraging of Federal funds provided
under this subsection, including--
(i) use of innovative financing;
(ii) combination with funding provided under other sections
of this Act and title 23, United States Code; and
(iii) combination with other sources of Federal, State,
local, or private funding including State, local, and private
matching funds;
(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and
congestion impose economic costs on the Nation's economy; and
(G) encourage or facilitate major multistate or regional
mobility and economic growth and development in areas
underserved by existing highway infrastructure.
(c) Purposes.--Allocations may be made under this section
for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for corridors
described in subsection (b).
(5) After review by the Secretary of a development and
management plan for the corridor or a usable component
thereof under subsection (b)--
(A) environmental review; and
(B) construction.
(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation
under this section shall develop, and submit to the Secretary
for review, a development and management plan for the
corridor or a usable component thereof with respect to which
the allocation is being made. Such plan shall include, at a
minimum, the following elements:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits,
and construction of all segments.
(3) A finance plan, including any innovative financing
methods and, if the corridor is a multistate corridor, a
State-by-State breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the
development and construction of the corridor, including any
environmental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall
encourage all States having jurisdiction over any portion of
such corridor to participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by
section 1101 of this Act to carry out this section and
section 1119 shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code.
(f) Coordination of Planning.--Planning with respect to a
corridor under this section shall be coordinated with
transportation planning being carried out by the States and
metropolitan planning organizations along the corridor and,
to the extent appropriate, with transportation planning being
carried out by Federal land management agencies, by tribal
governments, or by government agencies in Mexico or Canada.
(g) State Defined.--In this section, the term ``State'' has
the meaning such term has under section 101 of title 23,
United States Code.
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
(a) General Authority.--The Secretary shall establish and
implement a coordinated border infrastructure program under
which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the
boundaries of 1 or more border States for projects to improve
the safe movement of people and goods at or across the border
between the United States and Canada and the border between
the United States and Mexico.
(b) Eligible Uses.--Allocations to States and metropolitan
planning organizations under this section may only be used in
a border region for--
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross border vehicle and
cargo movement;
[[Page H3808]]
(4) modifications to regulatory procedures to expedite
cross border vehicle and cargo movements;
(5) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross border vehicle and cargo movements; and
(6) activities of Federal inspection agencies.
(c) Selection Criteria.--The Secretary shall make
allocations under this section on the basis of--
(1) expected reduction in commercial and other motor
vehicle travel time through an international border crossing
as a result of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with
Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this
section, including use of innovative financing, combination
of such funds with funding provided under other sections of
this Act, and combination with other sources of Federal,
State, local, or private funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies
responsible for the inspection of vehicles, cargo, and
persons crossing international borders and their counterpart
agencies in Canada and Mexico;
(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
(7) the degree of demonstrated coordination with Federal
inspection agencies;
(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to
other border stations or ports of entry;
(9) demonstrated local commitment to implement and sustain
continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of
General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years
1998 through 2001, not more than $10,000,000 of the amounts
made available by section 1101 to carry out this section and
section 1118 to the Administrator of General Services for the
construction of transportation infrastructure necessary for
law enforcement in border States.
(e) Definitions.--In this section, the following
definitions apply:
(1) Border region.--The term ``border region'' means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) Border state.--The term ``border State'' means any
State that has a boundary in common with Canada or Mexico.
Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended
to read as follows:
``(a) Definitions.--In this title, the following
definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization
laws.
``(2) Carpool project.--The term `carpool project' means
any project to encourage the use of carpools and vanpools,
including provision of carpooling opportunities to the
elderly and individuals with disabilities, systems for
locating potential riders and informing them of carpool
opportunities, acquiring vehicles for carpool use,
designating existing highway lanes as preferential carpool
highway lanes, providing related traffic control devices, and
designating existing facilities for use for preferential
parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and incurrence of
all costs incidental to the construction or reconstruction of
a highway, including bond costs and other costs relating to
the issuance in accordance with section 122 of bonds or other
debt financing instruments and costs incurred by the State in
performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes--
``(A) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration of the Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation,
relocation, and construction of replacement housing;
``(E) elimination of hazards of railway grade crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate and control
traffic flow, such as grade separation of intersections,
widening of lanes, channelization of traffic, traffic control
systems, and passenger loading and unloading areas; and
``(H) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as scales
(fixed and portable), scale pits, scale installation, and
scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States that do
not have county organizations and, in those States in which
the county government does not have jurisdiction over
highways, any local government unit vested with jurisdiction
over local highways.
``(5) Federal-aid highway.--The term `Federal-aid highway'
means a highway eligible for assistance under this chapter
other than a highway classified as a local road or rural
minor collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that
is a public road.
``(8) Forest development roads and trails.--The term
`forest development roads and trails' means forest roads and
trails under the jurisdiction of the Forest Service.
``(9) Forest highway.--The term `forest highway' means a
forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel.
``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving the National Forest System that is
necessary for the protection, administration, and utilization
of the National Forest System and the use and development of
its resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
``(C) a portion of any interstate or international bridge
or tunnel and the approaches thereto, the cost of which is
assumed by a State transportation department, including such
facilities as may be required by the United States Customs
and Immigration Services in connection with the operation of
an international bridge or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located within
or provides access to an Indian reservation or Indian trust
land or restricted Indian land that is not subject to fee
title alienation without the approval of the Federal
Government, or Indian and Alaska Native villages, groups, or
communities in which Indians and Alaskan Natives reside, whom
the Secretary of the Interior has determined are eligible for
services generally available to Indians under Federal laws
specifically applicable to Indians.
``(13) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
``(14) Maintenance.--The term `maintenance' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-control
devices as are necessary for safe and efficient utilization
of the highway.
``(15) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(17) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic
monitoring, management, and control' includes labor costs,
administrative costs, costs of utilities and rent, and other
costs associated with the continuous operation of traffic
control, such as integrated traffic control systems, incident
management programs, and traffic control centers.
``(18) Operational improvement.--The term `operational
improvement'--
``(A) means (i) a capital improvement for installation of
traffic surveillance and control equipment, computerized
signal systems, motorist information systems, integrated
traffic control systems, incident management programs, and
transportation demand management facilities, strategies, and
programs, and (ii) such other capital improvements to public
roads as the Secretary may designate, by regulation; and
``(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional
lanes, interchanges, and grade separations, and construction
of a new facility on a new location.
``(19) Park road.--The term `park road' means a public
road, including a bridge built primarily for pedestrian use,
but with capacity for use by emergency vehicles, that is
located within, or provides access to, an area in the
National Park System with title and maintenance
responsibilities vested in the United States.
``(20) Parkway.--The term `parkway', as used in chapter 2
of this title, means a parkway authorized by Act of Congress
on lands to which title is vested in the United States.
``(21) Project.--The term `project' means an undertaking to
construct a particular portion of a highway, or if the
context so implies, the particular portion of a highway so
constructed or any other undertaking eligible for assistance
under this title.
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
``(23) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or
toll-free facilities.
``(24) Public lands development roads and trails.--The term
`public lands development
[[Page H3809]]
roads and trails' means those roads and trails that the
Secretary of the Interior determines are of primary
importance for the development, protection, administration,
and utilization of public lands and resources under the
control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public lands
highway' means a forest road under the jurisdiction of and
maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public
lands, nontaxable Indian lands, or other Federal reservations
under the jurisdiction of and maintained by a public
authority and open to public travel.
``(26) Public lands highways.--The term `public lands
highways' means those main highways through unappropriated or
unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
``(27) Public road.--The term `public road' means any road
or street under the jurisdiction of and maintained by a
public authority and open to public travel.
``(28) Refuge road.--The term `refuge road' means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
``(29) Rural areas.--The term `rural areas' means all areas
of a State not included in urban areas.
``(30) Safety improvement project.--The term `safety
improvement project' means a project that corrects or
improves high hazard locations, eliminates roadside
obstacles, improves highway signing and pavement marking,
installs priority control systems for emergency vehicles at
signalized intersections, installs or replaces emergency
motorist aid call boxes, or installs traffic control or
warning devices at locations with high accident potential.
``(31) Secretary.--The term `Secretary' means Secretary of
Transportation.
``(32) State.--The term `State' means any of the 50 States,
the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds' includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation
department.
``(34) State transportation department.--The term `State
transportation department' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
``(35) Transportation enhancement activities.--The term
`transportation enhancement activities' means, with respect
to any project or the area to be served by the project, any
of the following activities if such activity relates to
surface transportation: provision of facilities for
pedestrians and bicycles, provision of safety and educational
activities for pedestrians and bicyclists, acquisition of
scenic easements and scenic or historic sites, scenic or
historic highway programs (including the provision of
tourist and welcome center facilities), landscaping and
other scenic beautification, historic preservation,
rehabilitation and operation of historic transportation
buildings, structures, or facilities (including historic
railroad facilities and canals), preservation of abandoned
railway corridors (including the conversion and use
thereof for pedestrian or bicycle trails), control and
removal of outdoor advertising, archaeological planning
and research, environmental mitigation to address water
pollution due to highway runoff or reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity,
and establishment of transportation museums.
``(36) Urban area.--The term `urban area' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the urbanized
area in each such State, or urban place as designated by the
Bureau of the Census having a population of 5,000 or more and
not within any urbanized area, within boundaries to be fixed
by responsible State and local officials in cooperation with
each other, subject to approval by the Secretary. Such
boundaries shall encompass, at a minimum, the entire urban
place designated by the Bureau of the Census, except in the
case of cities in the State of Maine and in the State of New
Hampshire.
``(37) Urbanized area.--The term `urbanized area' means an
area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with
each other, subject to approval by the Secretary. Such
boundaries shall encompass, at a minimum, the entire
urbanized area within a State as designated by the Bureau of
the Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate System)'';
(2) in subsection (e) by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be
given due consideration in the comprehensive transportation
plans developed by each metropolitan planning organization
and State in accordance with sections 134 and 135,
respectively. Bicycle transportation facilities and
pedestrian walkways shall be considered, where appropriate,
in conjunction with all new construction and reconstruction
of transportation facilities, except where bicycle and
pedestrian use are not permitted.
``(2) Safety considerations.--Transportation plans and
projects shall provide due consideration for safety and
contiguous routes for bicyclists and pedestrians. Safety
considerations shall include the installation, where
appropriate, and maintenance of audible traffic signals and
audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized vehicles
shall'' and inserting ``Motorized vehicles may not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local regulations
permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following:
``(4) when State or local regulations permit, electric
bicycles; and''; and
(7) by striking subsection (j) and inserting the following:
``(j) Definitions.--In this section, the following
definitions apply:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means a new or improved lane, path,
or shoulder for use by bicyclists and a traffic control
device, shelter, or parking facility for bicycles.
``(2) Electric bicycle.--The term `electric bicycle' means
any bicycle or tricycle with a low-powered electric motor
weighing under 100 pounds, with a top motor-powered speed not
in excess of 20 miles per hour.
``(3) Pedestrian.--The term `pedestrian' means any person
traveling by foot and any mobility impaired person using a
wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.''.
(b) Design Guidance.--
(1) In general.--In implementing section 217(g) of title
23, United States Code, the Secretary, in cooperation with
the American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and
other interested organizations, shall develop guidance on the
various approaches to accommodating bicycles and pedestrian
travel.
(2) Issues to be addressed.--The guidance shall address
issues such as the level and nature of the demand, volume,
and speed of motor vehicle traffic, safety, terrain, cost,
and sight distance.
(3) Recommendations.--The guidance shall include
recommendations on amending and updating the policies of the
American Association of State Highway and Transportation
Officials relating to highway and street design standards to
accommodate bicyclists and pedestrians.
(4) Time period for development.--The guidance shall be
developed within 18 months after the date of enactment of
this Act.
(c) Protection of Nonmotorized Transportation Traffic.--
Section 109(n) of such title is amended to read as follows:
``(n) Protection of Nonmotorized Transportation Traffic.--
The Secretary shall not approve any project or take any
regulatory action under this title that will result in the
severance of an existing major route or have significant
adverse impact on the safety for nonmotorized transportation
traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route
or such a route exists.''.
(d) Railway-Highway Crossings.--Section 130 of such title
is amended by adding at the end the following:
``(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.''.
(e) National Bicycle Safety Education Curriculum.--
(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a copy of the curriculum.
(3) Funding.--From amounts made available under section
210, the Secretary may use not to exceed $500,000 for fiscal
year 1999 to carry out this subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient management,
operation, and development of surface transportation systems
that will serve the mobility needs of people and freight and
foster economic growth and development within and through
urbanized areas, while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan planning
organizations designated under subsection (b), in cooperation
with the State and public transit operators, shall develop
transportation plans and programs for urbanized areas of the
State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation systems
and facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the metropolitan area
and as an integral part of an intermodal transportation
system for the State and the United States.
[[Page H3810]]
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the affected population (including the
central city or cities as defined by the Bureau of the
Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as a
transportation management area, when designated or
redesignated under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area (including all transportation agencies included in the
metropolitan planning organization as of June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of such
title is amended to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or
any other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such title is
amended--
(A) by striking ``among'' and inserting ``between''; and
(B) by striking ``which together'' and inserting ``that
together''.
(4) Designation of more than 1 metropolitan planning
organization.--Section 134(b)(6) of such title is amended to
read as follows:
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning
area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c)
of such title is amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and inserting the
following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows
and inserting the following:
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this
paragraph shall be retained, except that the boundaries may
be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner described
in subsection (b)(5).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone
or carbon monoxide, the boundaries of the metropolitan
planning area--
``(A) shall be established in the manner described in
subsection (b)(1);
``(B) shall encompass the areas described in paragraph
(2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified under
the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or
carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4)
(as inserted by paragraph (3) of this subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of
such title is amended to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts
and mutual assistance in support of activities authorized
under this section as the activities pertain to interstate
areas and localities within the States; and
``(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements
and compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the term `Lake Tahoe
region' has the meaning given the term `region' in
subdivision (a) of article II of the Tahoe Regional Planning
Compact, as set forth in the first section of Public Law 96-
551 (94 Stat. 3234).
``(B) Transportation planning process.--The Secretary
shall--
``(i) establish with the Federal land management agencies
that have jurisdiction over land in the Lake Tahoe region a
transportation planning process for the region; and
``(ii) coordinate the transportation planning process with
the planning process required of State and local governments
under this section, section 135, and chapter 53 of title 49.
``(C) Interstate compact.--
``(i) In general.--Subject to clause (ii), notwithstanding
subsection (b), to carry out the transportation planning
process required by this section, the consent of Congress is
granted to the States of California and Nevada to designate a
metropolitan planning organization for the Lake Tahoe region,
by agreement between the Governors of the States of
California and Nevada and units of general purpose local
government that together represent at least 75 percent of the
affected population (including the central city or cities (as
defined by the Bureau of the Census)), or in accordance with
procedures established by applicable State or local law.
``(ii) Involvement of federal land management agencies.--
``(I) Representation.--The policy board of a metropolitan
planning organization designated under clause (i) shall
include a representative of each Federal land management
agency that has jurisdiction over land in the Lake Tahoe
region.
``(II) Funding.--In addition to funds made available to the
metropolitan planning organization under other provisions of
this title and under chapter 53 of title 49, not more than 1
percent of the funds allocated under section 202 may be used
to carry out the transportation planning process for the Lake
Tahoe region under this subparagraph.
``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
``(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land management
agencies that have jurisdiction over land in the Lake Tahoe
region; and
``(ii) may, in accordance with chapter 2, be funded using
funds allocated under section 202.
``(4) Recipients of other assistance.--The Secretary shall
encourage each metropolitan planning organization to
coordinate, to the maximum extent practicable, the design and
delivery of transportation services within the metropolitan
planning area that are provided--
``(A) by recipients of assistance under chapter 53 of title
49; and
``(B) by governmental agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is
amended--
(1) in the subsection heading by striking ``MPO's'' and
inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a project is
located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning
organizations shall coordinate plans regarding the
project.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by
paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such
title is amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall
provide for consideration of projects and strategies that
will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized users;
``(C) increase the accessibility and mobility options
available to people and for freight;
``(D) protect and enhance the environment, promote energy
conservation, and improve quality of life;
``(E) enhance the integration and connectivity of the
transportation system, across and between modes, for people
and freight;
``(F) promote efficient system management and operation;
and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under this title, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such
title is amended--
(1) in paragraph (2) by striking ``, at a minimum'' and
inserting ``contain, at a minimum, the following'';
[[Page H3811]]
(2) in paragraph (2)(A) by striking ``Identify'' and
inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the adopted
long-range transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted long-range transportation plan if
reasonable additional resources beyond those identified in
the financial plan were available. For the purpose of
developing the long-range transportation plan, the
metropolitan planning organization and State shall
cooperatively develop estimates of funds that will be
available to support plan implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of users
of public transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long Range
Plan'' and inserting ``Long-Range Transportation Plan'';
(7) in the headings for paragraphs (2) and (5) by striking
``long range plan'' and inserting ``long-range transportation
plan''; and
(8) by striking ``long range plan'' each place it appears
and inserting ``long-range transportation plan''.
(h) Metropolitan Transportation Improvement Program.--
Section 134(h) of such title is amended to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the State and any
affected public transit operator, the metropolitan planning
organization designated for a metropolitan area shall develop
a transportation improvement program for the area for which
the organization is designated.
``(B) Opportunity for comment.--In developing the program,
the metropolitan planning organization, in cooperation with
the State and any affected public transit operator, shall
provide citizens, affected public agencies, representatives
of transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users of
public transit, and other interested parties with a
reasonable opportunity to comment on the proposed program.
``(C) Funding estimates.--For the purpose of developing the
transportation improvement program, the metropolitan planning
organization, public transit agency, and State shall
cooperatively develop estimates of funds that are reasonably
expected to be available to support program implementation.
``(D) Updating and approval.--The program shall be updated
at least once every 2 years and shall be approved by the
metropolitan planning organization and the Governor.
``(2) Contents.--The transportation improvement program
shall include--
``(A) a priority list of proposed federally supported
projects and strategies to be carried out within each 3-year
period after the initial adoption of the transportation
improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation improvement
program can be implemented;
``(ii) indicates resources from public and private sources
that are reasonably expected to be available to carry out the
program;
``(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
``(iv) may include, for illustrative purposes, additional
projects that would be included in the approved
transportation improvement program if reasonable additional
resources beyond those identified in the financial plan were
available.
``(3) Included projects.--
``(A) Projects under this chapter and chapter 53 of title
49.--A transportation improvement program developed under
this subsection for a metropolitan area shall include the
projects and strategies within the area that are proposed for
funding under this chapter and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually in the transportation improvement program.
``(C) Consistency with long-range transportation plan.--
Each project shall be consistent with the long-range
transportation plan developed under subsection (g) for the
area.
``(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
``(4) Notice and comment.--Before approving a
transportation improvement program, a metropolitan planning
organization shall, in cooperation with the State and any
affected public transit operator, provide citizens, affected
public agencies, representatives of transportation agency
employees, freight shippers, providers of freight
transportation services, private providers of transportation,
representatives of users of public transit, and other
interested parties with reasonable notice of and an
opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
improvement program development required under paragraph (1),
the selection of federally funded projects for implementation
in metropolitan areas shall be carried out, from the approved
transportation improvement program--
``(i) by--
``(I) in the case of projects under this chapter, the
State; and
``(II) in the case of projects under chapter 53 of title
49, the designated transit funding recipients; and
``(ii) in cooperation with the metropolitan planning
organization.
``(B) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
transportation improvement program in place of another
project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding paragraph
(2)(B)(iv), a State or metropolitan planning organization
shall not be required to select any project from the
illustrative list of additional projects included in the
financial plan under paragraph (2)(B)(iv).
``(B) Required action by the secretary.--Action by the
Secretary shall be required for a State or metropolitan
planning organization to select any project from the
illustrative list of additional projects included in the
financial plan under paragraph (2)(B)(iv) for inclusion in an
approved transportation improvement program.
``(7) Publication.--
``(A) Publication of transportation improvement programs.--
A transportation improvement program involving Government
participation shall be published or otherwise made readily
available by the metropolitan planning organization for
public review.
``(B) Publication of annual listings of projects.--An
annual listing of projects for which Federal funds have been
obligated in the preceding year shall be published or
otherwise made available by the metropolitan planning
organization for public review. The listing shall be
consistent with the categories identified in the
transportation improvement program.''.
(i) Transportation Management Areas.--
(1) Required designations.--Section 134(i)(1) of such title
is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary shall designate
as a transportation management area each urbanized area with
a population of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation management
area on the request of the Governor and the metropolitan
planning organization designated for the area.''.
(2) Selection of projects.--Section 134(i)(4) of such title
is amended to read as follows:
``(4) Selection of projects.--
``(A) In general.--All federally funded projects carried
out within the boundaries of a transportation management area
under this title (excluding projects carried out on the
National Highway System and projects carried out under the
bridge program or the Interstate maintenance program) or
under chapter 53 of title 49 shall be selected for
implementation from the approved transportation improvement
program by the metropolitan planning organization designated
for the area in consultation with the State and any affected
public transit operator.
``(B) National highway system projects.--Projects carried
out within the boundaries of a transportation management area
on the National Highway System and projects carried out
within such boundaries under the bridge program or the
Interstate maintenance program shall be selected for
implementation from the approved transportation improvement
program by the State in cooperation with the metropolitan
planning organization designated for the area.''.
(3) Certification.--Section 134(i)(5) of such title is
amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning process in each
transportation management area is being carried out in
accordance with applicable provisions of Federal law; and
``(ii) subject to subparagraph (B), certify, not less often
than once every 3 years, that the requirements of this
paragraph are met with respect to the transportation
management area.
``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
``(i) the transportation planning process complies with the
requirements of this section and other applicable
requirements of Federal law; and
``(ii) there is a transportation improvement program for
the area that has been approved by the metropolitan planning
organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a metropolitan planning
process is not certified, the Secretary may withhold up to 20
percent of the apportioned funds attributable to the
transportation management area under this title and chapter
53 of title 49.
[[Page H3812]]
``(ii) Restoration of withheld funds.--The withheld
apportionments shall be restored to the metropolitan area at
such time as the metropolitan planning organization is
certified by the Secretary.
``(iii) Feasibility of private enterprise participation.--
The Secretary shall not withhold certification under this
paragraph based on the policies and criteria established by a
metropolitan planning organization or transit grant recipient
for determining the feasibility of private enterprise
participation in accordance with section 5306(a) of title 49.
``(D) Review of certification.--In making certification
determinations under this paragraph, the Secretary shall
provide for public involvement appropriate to the
metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--
Section 134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range
transportation plan and transportation improvement program
for the metropolitan area that the Secretary determines is
appropriate to achieve the purposes of this section, taking
into account the complexity of transportation problems in the
area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is
in nonattainment for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.).''.
(k) Additional Requirements for Certain Nonattainment
Areas.--Section 134(l) of such title is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to
read as follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section 104(f) of
this title to carry out sections 5303 through 5305 of title
49 shall be available to carry out this section.
``(2) Unused funds.--Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.''.
(m) Continuation of Current Review Practice.--Section 134
of such title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning plans and programs described in this
section have not been reviewed under such Act as of January
1, 1997, any decision by the Secretary concerning a plan or
program described in this section shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(n) Technical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
``134. Metropolitan planning.''.
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient management,
operation, and development of surface transportation systems
that will serve the mobility needs of people and freight and
foster economic growth and development within and through
urbanized areas, while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--Subject to
section 134 of this title and sections 5303 through 5305 of
title 49, each State shall develop transportation plans and
programs for all areas of the State.
``(3) Contents.--The plans and programs for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities
(including pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal
transportation system for the State and an integral part of
an intermodal transportation system for the United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--Section 135(b) of such title is amended
by inserting after ``of this title'' the following: ``and
sections 5303 through 5305 of title 49''.
(c) Scope of Planning Process.--Section 135(c) of such
title is amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
transportation planning process that provides for
consideration of projects and strategies that will--
``(A) support the economic vitality of the United States,
the States, and metropolitan areas, especially by enabling
global competitiveness, productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized users;
``(C) increase the accessibility and mobility options
available to people and for freight;
``(D) protect and enhance the environment, promote energy
conservation, and improve quality of life;
``(E) enhance the integration and connectivity of the
transportation system, across and between modes throughout
the State, for people and freight;
``(F) promote efficient system management and operation;
and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under this title, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(d) Additional Requirements.--Section 135(d) of such title
is amended to read as follows:
``(d) Additional Requirements.--In carrying out planning
under this section, each State shall, at a minimum,
consider--
``(1) with respect to nonmetropolitan areas, the concerns
of local elected officials representing units of general
purpose local government;
``(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
``(3) coordination of transportation plans, programs, and
planning activities with related planning activities being
carried out outside of metropolitan planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such
title is amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period,
for all areas of the State, that provides for the development
and implementation of the intermodal transportation system of
the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the long-range transportation
plan shall be developed in cooperation with the metropolitan
planning organization designated for the metropolitan area
under section 134 of this title and section 5303 of title 49.
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area, the long-range transportation plan
shall be developed in consultation with affected local
officials with responsibility for transportation.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the long-range transportation plan shall be
developed in consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the long-range transportation plan, the State shall--
``(A) provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, private providers of transportation,
representatives of users of public transit, providers of
freight transportation services, and other interested parties
with a reasonable opportunity to comment on the proposed
plan; and
``(B) identify transportation strategies necessary to
efficiently serve the mobility needs of people.
``(4) Financial plan.--The long-range transportation plan
may include a financial plan that demonstrates how the
adopted long-range transportation plan can be implemented,
indicates resources from public and private sources that are
reasonably expected to be made available to carry out the
plan, and recommends any additional financing strategies for
needed projects and programs. The financial plan may include,
for illustrative purposes, additional projects that would be
included in the adopted transportation plan if reasonable
additional resources beyond those identified in the financial
plan were available.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be required
to select any project from the illustrative list of
additional projects included in the financial plan under
paragraph (4).''.
(f) State Transportation Improvement Program.--Section
135(f) of such title is amended to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a
transportation improvement program for all areas of the
State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134 of this title and section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With respect to each nonmetropolitan
area in the State, the program shall be developed in
consultation with affected local officials with
responsibility for transportation.
[[Page H3813]]
``(II) Review.--Not later than 1 year after the date of
enactment of this subclause, the State shall submit to the
Secretary the details of the consultative planning process
developed by the State for nonmetropolitan areas under
subclause (I). The Secretary shall not review or approve such
process.
``(iii) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation
with the tribal government and the Secretary of the Interior.
``(C) Participation by interested parties.--In developing
the program, the Governor shall provide citizens, affected
public agencies, representatives of transportation agency
employees, freight shippers, private providers of
transportation, providers of freight transportation services,
representatives of users of public transit, and other
interested parties with a reasonable opportunity to comment
on the proposed program.
``(2) Included projects.--
``(A) In general.--A transportation improvement program
developed under this subsection for a State shall include
federally supported surface transportation expenditures
within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually in the transportation improvement program.
``(C) Consistency with long-range transportation plan.--
Each project shall be--
``(i) consistent with the long-range transportation plan
developed under this section for the State;
``(ii) identical to the project as described in an approved
metropolitan transportation improvement program; and
``(iii) in conformance with the applicable State air
quality implementation plan developed under the Clean Air Act
(42 U.S.C. 7401 et seq.), if the project is carried out in an
area designated as nonattainment for ozone or carbon monoxide
under such Act.
``(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
``(E) Financial plan.--The transportation improvement
program may include a financial plan that demonstrates how
the approved transportation improvement program can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made available to
carry out the plan, and recommends any additional financing
strategies for needed projects and programs. The financial
plan may include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional resources
beyond those identified in the financial plan were
available.
``(F) Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding subparagraph
(E), a State shall not be required to select any project from
the illustrative list of additional projects included in the
financial plan under subparagraph (E).
``(ii) Required action by the secretary.--Action by the
Secretary shall be required for a State to select any project
from the illustrative list of additional projects included in
the financial plan under subparagraph (E) for inclusion in an
approved transportation improvement program.
``(G) Priorities.--The program shall reflect the priorities
for programming and expenditures of funds, including
transportation enhancement activities, required by this
title.
``(3) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas with
populations of less than 50,000 individuals (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the
Interstate maintenance program) shall be selected, from the
approved statewide transportation improvement program, by the
State in cooperation with the affected local officials.
``(B) National highway system projects.--Projects carried
out in areas described in subparagraph (A) on the National
Highway System and projects carried out in such areas under
the bridge program or the Interstate maintenance program
shall be selected, from the approved statewide transportation
improvement program, by the State in consultation with the
affected local officials.
``(4) Biennial review and approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which the program was developed is consistent with this
section, section 134, and sections 5303 through 5305 of title
49, approved not less frequently than biennially by the
Secretary.
``(5) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
statewide transportation improvement program in place of
another project in the program.''.
(g) Funding.--Section 134(g) of such title is amended by
striking ``section 307(c)(1)'' and inserting ``section
505(a)''.
(h) Continuation of Current Review Practice.--Section 135
of such title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning plans and programs described in this
section have not been reviewed under such Act as of January
1, 1997, any decision by the Secretary concerning a plan or
program described in this section shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
(i) Participation of Local Elected Officials.--
(1) Study.--The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials
in transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between each State, local officials in rural areas in the
State, and regional planning and development organizations in
the State.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report containing the results of the study with
any recommendations the Secretary determines appropriate as a
result of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23,
United States Code, is amended in clauses (i) and (ii) of
subparagraph (B) by striking ``, except to'' each place it
appears and all that follows through the period at the end
and inserting a period.
(b) Selection Process.--Section 112 of title 23, United
States Code, is amended by adding at the end the following:
``(g) Selection Process.--A State may procure, under a
single contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well
as subsequent engineering and design work on the project if
the State conducts a review that assesses the objectivity of
the environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by
inserting after subsection (a) the following:
``(b) Access of Motorcycles.--No State or political
subdivision of a State may enact or enforce a law that
applies only to motorcycles and the principal purpose of
which is to restrict the access of motorcycles to any highway
or portion of a highway for which Federal-aid highway funds
have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the
authority of a State or political subdivision of a State to
regulate motorcycles for safety.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) Ferry Operating and Leasing Amendments.--Section
129(c)(3) of title 23, United States Code, is amended by
striking ``owned.'' and inserting ``owned or operated or
majority publicly owned if the Secretary determines with
respect to a majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal facility
provides substantial public benefits.''; and
(b) Reauthorization.--Section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005) is amended--
(1) in the second sentence of subsection (c) by striking
``Such sums'' and inserting ``Sums made available to carry
out this section'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made available
to carry out this section for each of fiscal years 1999
through 2003 shall be obligated for the construction or
refurbishment of ferry boats and ferry terminal facilities
and approaches to such facilities within marine highway
systems that are part of the National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made
available to the State of Alaska.''.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of New Jersey.''.
``(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of Washington.''.
(c) Study.--
(1) In general.--The Secretary shall conduct a study of
ferry transportation in the United States and its
possessions--
(A) to identify existing ferry operations, including--
(i) the locations and routes served; and
(ii) the source and amount, if any, of funds derived from
Federal, State, or local government sources supporting ferry
construction or operations;
(B) to identify potential domestic ferry routes in the
United States and its possessions and to develop information
on those routes; and
(C) to identify the potential for use of high-speed ferry
services and alternative-fueled ferry services.
(2) Report.--The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the
[[Page H3814]]
House of Representatives and the Committee on Environment and
Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section
140(a) of title 23, United States Code, is amended by
inserting after the third sentence the following: ``In
implementing such programs, a State may reserve training
positions for persons who receive welfare assistance from
such State; except that the implementation of any such
program shall not cause current employees to be displaced or
current positions to be supplanted or preclude workers that
are participating in an apprenticeship, skill improvement, or
other upgrading program registered with the Department of
Labor or the appropriate State agency from being referred to,
or hired on, projects funded under this title without regard
to the length of time of their participation in such
program.''.
(b) Highway Training.--Section 140(b) of such title is
amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after ``construction'';
and
(B) by inserting after ``programs'' the following: ``, and
to develop and fund summer transportation institutes''; and
(2) in the second sentence by striking ``104(b)'' and
inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is
amended by striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION
VEHICLES.
Section 102(a) of title 23, United States Code, is
amended--
(1) by striking ``A State'' and inserting the following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a
State may permit a vehicle with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title. Such
permission may be revoked by the State should the State
determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this subsection).
SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an
advanced travel forecasting procedures program--
(1) to provide for completion of the advanced
transportation model developed under the Transportation
Analysis Simulation System (referred to in this section as
``TRANSIMS''); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics
package developed under TRANSIMS and the program established
under this section to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling.
(b) Eligible Activities.--The Secretary shall use funds
made available under this section to--
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling; and
(4) allocate funds to not more than 12 entities described
in paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable
transportation management areas designated under section
134(i) of title 23, United States Code, to convert from the
use of travel forecasting procedures in use by the areas as
of the date of enactment of this Act to the use of the
advanced transportation model.
(c) Funding.--
(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for fiscal year
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal
year 2000, $5,000,000 for fiscal year 2001, $4,000,000 for
fiscal year 2002, and $2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each of fiscal years
1998 and 1999, 100 percent of the funds made available under
paragraph (1) shall be allocated to activities in described
in paragraphs (1), (2), and (3) of subsection (b).
(B) Fiscal years 2000 through 2003.--For each of fiscal
years 2000 through 2003, not more than 50 percent of the
funds made available under paragraph (1) may be allocated to
activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of--
(A) any activity described in paragraph (1), (2), or (3) of
subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4) shall not
exceed 80 percent.
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.)
is amended by adding at the end the following:
``(3) Pennsylvania station redevelopment corporation board
of directors.--In furtherance of the redevelopment of the
James A. Farley Post Office in New York, New York, into an
intermodal transportation facility and commercial center, the
Secretary, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.''.
(b) Union Station Redevelopment Corporation Board of
Directors.--Subtitle B of title I of the National Visitor
Center Facilities Act of 1968 (40 U.S.C. 811 et seq.) is
amended by adding at the end the following:
``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.
``To further the rehabilitation, redevelopment and
operation of the Union Station complex, the Secretary of
Transportation, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
(c) Safety Belt Use Law Requirements.--Section 355 of the
National Highway System Designation Act of 1995 (109 Stat.
624) is amended--
(1) in the section heading by striking ``and MAINE'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire and Maine shall
each'' and inserting ``State of New Hampshire shall''; and
(B) in paragraph (1) by striking ``and 1996'' and inserting
``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(d) Metric Conversion at State Option.--Section 205(c)(2)
of the National Highway System Designation Act of 1995 (23
U.S.C. 109 note; 109 Stat. 577) is amended by striking
``Before September 30, 2000, the'' and inserting ``The''.
(e) Right-of-Way Revolving Fund.--
(1) Termination.--Section 108 of title 23, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2) Transition provision.--
(A) In general.--Funds advanced to a State by the Secretary
from the right-of-way revolving fund established by section
108(c) of title 23, United States Code, prior to the date of
enactment of this Act shall remain available to the State for
use on the projects for which the funds were advanced for a
period of 20 years from the date on which the funds were
advanced.
(B) Credit to highway trust fund.--With respect to a
project for which funds have been advanced from the right-of-
way revolving fund, upon the termination of the 20-year
period referred to in subparagraph (A), when actual
construction is commenced, or upon approval by the Secretary
of the plans, specifications, and estimates for the actual
construction of the project on the right-of-way, whichever
occurs first--
(i) the Highway Trust Fund (other than the Mass Transit
Account) shall be credited with an amount equal to the
Federal share of the funds advanced, as provided in section
120 of title 23, United States Code, out of any Federal-aid
highway funds apportioned to the State in which the project
is located and available for obligation for projects of the
type funded; and
(ii) the State shall reimburse the Secretary in an amount
equal to the non-Federal share of the funds advanced for
deposit in, and credit to, the Highway Trust Fund (other than
the Mass Transit Account).
(g) Pilot Toll Collection Program.--Section 129 of title
23, United States Code, is amended by striking subsection
(d).
(h) Congressional Bridge Commissions.--Public Law 87-441
(76 Stat. 59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033)
is amended--
(A) by striking paragraph (5)(B)(iii)(I)(ff) and inserting
the following:
``(ff) South Carolina State line to the Myrtle Beach Conway
region to Georgetown, South Carolina, including a connection
to Andrews following the route 41 corridor and to Camden
following the U.S. Route 521 corridor; and'';
(B) by striking paragraph (5)(B)(iii)(II)(hh) and inserting
the following:
``(hh) South Carolina State line to the Myrtle Beach Conway
region to Georgetown, South Carolina.'';
(C) in paragraph (9) by inserting after ``New York'' the
following: ``, including United States Route 322 between
United States Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor from Indianapolis,'' and
inserting the following:
``(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69
through Indianapolis,''; and
(ii) by striking ``and to include'' and inserting the
following: ``as follows:
``(A) In Michigan, the corridor shall be from Sarnia,
Ontario, Canada, southwesterly along Interstate Route 94 to
the Ambassador Bridge interchange in Detroit, Michigan.
``(B) In Michigan and Illinois, the corridor shall be from
Windsor, Ontario, Canada, through Detroit, Michigan, westerly
along Interstate Route 94 to Chicago, Illinois.
``(C) In Tennessee, Mississippi, Arkansas, and Louisiana,
the Corridor shall--
``(i) follow the alignment generally identified in the
Corridor 18 Special Issues Study Final Report; and
``(ii) include a connection between the Corridor in the
vicinity of Monticello, Arkansas, to Pine Bluff, Arkansas.
[[Page H3815]]
``(D) In the Lower Rio Grande Valley, the Corridor shall--
``(i) include United States Route 77 from the Rio Grande
River to Interstate Route 37 at Corpus Christi, Texas, and
then to Victoria, Texas, via United States Route 77;
``(ii) include United States Route 281 from the Rio Grande
River to Interstate Route 37 and then to Victoria, Texas, via
United States Route 59; and
``(iii) include'';
(E) in paragraph (21) by striking ``United States Route 17
in the vicinity of Salamanca, New York'' and inserting
``Interstate Route 80'';
(F) by inserting ``, including I-29 between Kansas City and
the Canadian border'' before the period at the end of
paragraph (23); and
(G) by inserting after paragraph (29) the following:
``(30) Interstate Route 5 in the States of California,
Oregon, and Washington, including California State Route 905
between Interstate Route 5 and the Otay Mesa Port of Entry.
``(31) The Mon-Fayette Expressway and Southern Beltway in
Pennsylvania and West Virginia.
``(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the
Upper Mississippi River Basin near Eau Claire, Wisconsin, as
follows:
``(A) United States Route 151 from the Iowa border to Fond
du Lac via Madison, Wisconsin, then United States Route 41
from Fond du Lac to Marinette via Oshkosh, Appleton, and
Green Bay, Wisconsin.
``(B) State Route 29 from Green Bay to I-94 via Wausau,
Chippewa Falls, and Eau Claire, Wisconsin.
``(C) United States Route 10 from Appleton to Marshfield,
Wisconsin.
``(33) The Capital Gateway Corridor following United States
Route 50 from the proposed intermodal transportation center
connected to I-395 in Washington, D.C., to the intersection
of United States Route 50 with Kenilworth Avenue and the
Baltimore-Washington Parkway in Maryland.
``(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described
as 52.8 miles from east Los Angeles (terminus of Alameda
Corridor) through the San Gabriel Valley terminating at
Colton Junction in San Bernardino. The Southwest Passage
shall follow I-10 from San Bernardino to the Arizona State
line and I-8 from San Diego to the Arizona State line.
``(35) Everett-Tacoma FAST Corridor.
``(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I-90 in
Pennsylvania.
``(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the Mexican Border
via I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree, Arkansas,
to I-55.
``(40) The Greensboro Corridor from Danville, Virginia, to
Greensboro, North Carolina, along United States Route 29.
``(41) The Falls-to-Falls Corridor--United States Route 53
from International Falls on the Minnesota/Canada border to
Chippewa Falls, Wisconsin.
``(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55 near
Batesville, Mississippi, to the intersection with Corridor X
of the Appalachian development highway system near Fulton,
Mississippi, and the portion of Corridor X of the Appalachian
development highway system from near Fulton, Mississippi, to
the intersection with Interstate Route 65 near Birmingham,
Alabama.
``(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State
border.''.
(2) Provisions applicable to corridors.--Section
1105(e)(5)(A) of such Act is amended--
(A) by inserting after ``referred to'' the first place it
appears the following: ``in subsection (c)(1),'';
(B) by striking ``and'' the second place it appears; and
(C) by inserting after ``(c)(20)'' the following: ``, in
subsection (c)(36), in subsection (c)(37), in subsection
(c)(40), and in subsection (c)(42)''.
(3) Routes.--Section 1105(e)(5) of such Act is further
amended--
(A) in subparagraph (A) by inserting ``(except with respect
to Georgetown County)'' before ``(iii)'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following:
``(B) Routes.--
``(i) Designation.--The routes referred to in subsections
(c)(18) and (c)(20) shall be designated as Interstate Route
I-69. A State having jurisdiction over any segment of routes
referred to in subsections (c)(18) and (c)(20) shall erect
signs identifying such segment that is consistent with the
criteria set forth in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route I-69, including segments of
United States Route 59 in the State of Texas. The segment
identified in subsection (c)(18)(B)(i) shall be designated as
Interstate Route I-69 East, and the segment identified in
subsection (c)(18)(B)(ii) shall be designated as Interstate
Route I-69 Central. The State of Texas shall erect signs
identifying such routes as segments of future Interstate
Route I-69.
``(ii) Rulemaking to determine future interstate sign
erection criteria.--The Secretary shall conduct a rulemaking
to determine the appropriate criteria for the erection of
signs for future routes on the Interstate System identified
in subparagraph (A). Such rulemaking shall be undertaken in
consultation with States and local officials and shall be
completed not later than December 31, 1998.'';
(D) by striking the last sentence of subparagraph (A) and
inserting it as the first sentence of subparagraph (B)(i) (as
inserted by subparagraph (C) of this paragraph); and
(E) in subparagraph (D) (as redesignated by subparagraph
(B) of this paragraph), by striking ``(C)'' and inserting
``(D)''.
(j) Winter Home Heating Oil Delivery.--Section 346 of the
National Highway System Designation Act of 1995 (109 Stat.
615-616) is amended--
(1) in subsection (a) by striking ``season in the 6-month
period beginning on November 1, 1996'' and inserting
``seasons in the 18-month period beginning on November 1,
1998''; and
(2) by adding at the end the following:
``(g) Study.--Not later than 1 year after the completion of
the pilot program, the Secretary shall submit to Congress a
report on the results of the program, including an assessment
of any impact on public safety.''.
(k) Future Corridor Segment.--
(1) Study.--The Secretary shall conduct a study to
determine the feasibility of providing an Interstate quality
road for a route that runs in south/west direction generally
along United States Route 61 and crosses the Mississippi
River in the vicinity of Memphis, Tennessee, to Highway 79
and generally follows Highway 79 to Pine Bluff, Arkansas.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for fiscal year 1999 to carry out the study.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code,
except that such funds shall remain available until expended.
(l) Baton Rouge, Louisiana.--
(1) Reduction in scope of project.--Section 149(a) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987 (101 Stat. 181-198) is amended in paragraph (47)(B)--
(A) by inserting ``and'' after the semicolon at the end of
clause (i);
(B) by striking ``; and'' at the end of clause (ii) and
inserting a period; and
(C) by striking clause (iii).
(2) Applicability of obligation limitation.--
Notwithstanding any other provision of law, the project
described in section 149(a)(47)(B) of such Act shall be
subject to any limitation on obligations for Federal-aid
highway and highway safety construction programs.
(m) Amendments to Surface Transportation Assistance Act of
1982.--Section 146 of the Surface Transportation Assistance
Act of 1982 (96 Stat. 2130), relating to lane restrictions,
is repealed.
(n) Substitute Project.--Section 1045 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1994) is amended in subsection (a)--
(1) by striking ``(a) Approval of Project.--
Notwithstanding'' and inserting the following:
``(a) Approval of Project.--
``(1) Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State
of Wisconsin, submitted by October 1, 2000, the Secretary
shall approve 1 or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph
(1) and subsection (c) of this section.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking the second sentence; and
(B) by striking subsection (b) and inserting the following:
``(b) Effect of Compliance.--Compliance with subsection (a)
shall have no effect on the eligibility of costs.''.
(2) Change in term defined.--
(A) In general.--Title 23, United States Code, is amended--
(i) by striking ``State highway department'' each place it
appears and inserting ``State transportation department'';
and
(ii) by striking ``State highway departments'' each place
it appears and inserting ``State transportation
departments''.
(B) Conforming amendments.--
(i) The analysis for chapter 3 of title 23, United States
Code, is amended in the item relating to section 302 by
striking ``highway'' and inserting ``transportation''.
(ii) Section 302 of title 23, United States Code, is
amended in the section heading by striking ``highway'' and
inserting ``transportation''.
(iii) Section 201(b) of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended in the
second sentence by striking ``State highway department'' and
inserting ``State transportation department''.
(iv) Section 138(c) of the Surface Transportation
Assistance Act of 1978 (40 U.S.C. App. (note to section 201
of the Appalachian Regional Development Act of 1965); 92
Stat. 2710) is amended in the first sentence--
(I) by striking ``Federal-aid primary system'' and
inserting ``National Highway System''; and
(II) by striking ``State highway department'' and inserting
``State transportation department''.
(b) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to fund the
production, in cooperation with a not-for-profit national
public television station and the National Academy of
Engineering, of a documentary about infrastructure that shall
demonstrate how public works and infrastructure projects
stimulate job growth and the economy and contribute to the
general welfare of the Nation.
[[Page H3816]]
(2) Federal share.--
(A) In general.--The Federal share of the cost of
production of the documentary shall be 60 percent. The non-
Federal share shall be provided from private sources and
shall include amounts expended by such sources for the
production before the date of enactment of this Act.
(B) Calculation.--The calculation of the Federal and non-
Federal shares under this paragraph shall be made over the
term for which sums are authorized to be appropriated under
paragraph (3).
(3) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $888,000 for fiscal year 1998,
and $1,000,000 for each of fiscal years 1999 and 2000. Such
funds shall remain available until expended.
(4) Applicability of title 23.--Funds authorized by this
paragraph shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share
of the cost of any project under this subsection and the
availability of funds authorized by this subsection shall be
determined in accordance with this subsection.
(c) Mass Transportation Buses.--Section 1023(h)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 127 note) is amended by striking ``the date on which''
and all that follows through ``1995'' and inserting ``October
1, 2003''.
(d) Vehicle Weight Limitations.
(1) In general.--Section 127(a) of title 23, United States
Code, is amended--
(A) by inserting before the next to the last sentence the
following: ``With respect to the State of Colorado, vehicles
designed to carry 2 or more precast concrete panels shall be
considered a nondivisible load.''; and
(B) by adding at the end the following: ``The State of
Louisiana may allow, by special permit, the operation of
vehicles with a gross vehicle weight of up to 100,000 pounds
for the hauling of sugarcane during the harvest season, not
to exceed 100 days annually. With respect to Interstate Route
95 in the State of New Hampshire, State laws (including
regulations) concerning vehicle weight limitations that were
in effect on January 1, 1987, and are applicable to State
highways other than the Interstate System, shall be
applicable in lieu of the requirements of this subsection.
With respect to that portion of the Maine Turnpike
designated Interstate Route 95 and 495, and that portion
of Interstate Route 95 from the southern terminus of the
Maine Turnpike to the New Hampshire State line, laws
(including regulations) of the State of Maine concerning
vehicle weight limitations that were in effect on October
1, 1995, and are applicable to State highways other than
the Interstate System, shall be applicable in lieu of the
requirements of this subsection.''.
(2) Studies.--
(A) Colorado.--
(i) In general.--In consultation with the Secretary, the
State of Colorado shall conduct a study analyzing the
economic, safety, and infrastructure impacts of the exemption
provided by the amendment made by paragraph (1)(A), including
the impact of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity for
public comment.
(ii) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$200,000 for fiscal year 1999 to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation with the Secretary, the
State of Louisiana shall conduct a study analyzing the
economic, safety, and infrastructure impacts of the exemption
provided by the amendment made by paragraph (1)(B), including
the impact of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity for
public comment.
(ii) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$200,000 for fiscal year 1999 to carry out the study.
(C) Maine.--
(i) In general.--In consultation with the Secretary, the
State of Maine shall conduct a study analyzing the economic,
safety, and infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B), including the
impact of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity for
public comment.
(ii) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$200,000 for fiscal year 1999 to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation with the Secretary, the
State of New Hampshire shall conduct a study analyzing the
economic, safety, and infrastructure impacts of the exemption
provided by the amendment made by paragraph (1)(B), including
the impact of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity for
public comment.
(ii) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$200,000 for fiscal year 1999 to carry out the study.
(E) Applicability of title 23, united states code.--Funds
authorized by this paragraph shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code;
except that such funds shall remain available until expended.
(k) Driver Training and Safety Center.--
(1) In general.--The Secretary shall make grants to
establish a driver training and safety center at
Connellsville, Pennsylvania.
(2) Purpose.--The purpose of the facility shall be to train
and enhance the driving skills of motor vehicle and emergency
vehicle operators.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$2,500,000 for each of fiscal years 1999 through 2001.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that the funds shall
remain available until expended.
(l) Ohio River Welcome Center.--
(1) In general.--The Secretary shall make grants to
establish a welcome center in Point Pleasant, West Virginia.
(2) Access.--The center shall be accessible by motor
vehicle, bicycle, pedestrian walkway, and river
transportation.
(3) Facilities.--The center shall include a comfort
station, picnic and sitting plaza, a small amphitheater, a
deep river port, a marina, and a walking trail.
(4) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section $412,900
for fiscal year 1999, $1,362,500 for fiscal year 2000, and
$699,500 for fiscal year 2001.
(5) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of activities carried out using the funds shall
be 50 percent and the funds shall remain available until
expended.
(m) Project Flexibility for Minnesota.--Notwithstanding any
other provision of law, funds allocated for a project in the
State of Minnesota under section 117 of title 23, United
States Code, may be obligated for any other project in the
State for which funds are so allocated; except that the total
amount of funds authorized for any project for which funds
are so allocated shall not be reduced.
(n) Baltimore Washington Parkway.--Notwithstanding any
other provision of law, the Federal share of the cost of a
project for which funds are allocated under section 117 of
title 23, United States Code, for renovation and construction
of the Baltimore Washington Parkway in Prince Georges County,
Maryland, shall be 100 percent.
(o) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety--
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational programs; and
(C) to disseminate techniques and strategies for improving
bicycle and pedestrian safety.
(D) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$500,000 for each of fiscal years 1998 through 2003.
(E) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota.
The purpose of the facility shall be to develop an
appropriate curriculum for training, and to train operators
and future operators of heavy equipment in the safe use of
such equipment.
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $500,000 for each of fiscal years
1998 and 1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of establishment of the facility
under this subsection shall be 80 percent and such funds
shall remain available until expended.
(q) Motor Carrier Operator Vehicle and Training Facility.--
(1) Establishment.--The Secretary shall make grants to the
State of Pennsylvania to establish and operate an advanced
tractor trailer safety and operator training facility in
Chambersburg, Pennsylvania. The purpose of the facility shall
be to develop and coordinate an advance curriculum for the
training of operators and future operators of tractor
trailers. The facility shall conduct training on the test
track at Letterkenny Army Depot and the unused segment of the
Pennsylvania Turnpike located in Bedford County,
Pennsylvania. The facility shall be operated by a not-for-
profit entity and, when Federal assistance is no longer being
provided with respect to the facility, shall be privately
operated.
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $500,000 for each of fiscal years
1998 through 2003 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as
[[Page H3817]]
if such funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended and the Federal share of the cost of
establishment and operation of the facility under this
subsection shall be 80 percent.
(r) High Priority Las Vegas Intermodal Center.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 and $2,500,000 for fiscal year 2000 for the
High Priority Las Vegas Intermodal Center in Las Vegas,
Nevada.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(s) Seismic Design.--
(1) In general.--The Secretary shall provide--
(A) $8,000,000 for fiscal year 1999 for seismic design and
engineering of the Mississippi/Arkansas Great River Bridge;
(B) $8,000,000 for fiscal year 1999 to the State of
Missouri for seismic design and deployment; and
(C) $7,000,000 for fiscal year 1999 to the State of
Arkansas for seismic design and deployment.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(t) Biloxi Harbor, Mississippi.--The portion of the project
for navigation, Biloxi Harbor, Mississippi, authorized by the
River and Harbor Act of 1960 (74 Stat. 481), for the Bernard
Bayou Channel beginning near the Air Force Oil Terminal at
approximately navigation mile 2.6 and extending downstream to
the North-South \1/2\ of Section 30, Township 7 South, Range
10 West, Harrison County, Mississippi, just west of Kremer
Boat Yards, is not authorized after the date of enactment of
this Act.
(u) Clarification.--Notwithstanding any other provision of
law, the State of Pennsylvania is authorized to proceed with
engineering, final design, and construction of Corridor O of
the Appalachian development highway system between Bald Eagle
and Interstate Route 80. All records of decision relating to
Corridor O issued prior to the date of enactment of this Act
shall remain in effect.
(v) Limitation on Statutory Construction.--Nothing in this
Act shall be construed to prevent the operation of motorized
vehicles to transport boats across the portages between the
Moose Lake Chain and Basswood Lake, Minnesota, and between
Vermilion Lake and Trout Lake, Minnesota.
(w) Miscellaneous Projects.--
(1) Replacement of roslyn viaduct.--
(A) Project.--The Secretary is authorized to carry out a
project for replacement of a segment of the Roslyn elevated
highway (NY25A) on Long Island, New York.
(B) Authorization.--There is authorized to be appropriated
to carry out this paragraph $51,000,000 for fiscal years
beginning after September 30, 1998. Such sums shall remain
available until expended.
(2) Design and engineering for miller highway.--
(A) Project.--The Secretary is authorized to carry out a
project for design and engineering of the Miller Highway on
the west side of Manhattan, New York.
(B) Authorization.--There is authorized to be appropriated
to carry out this paragraph $15,000,000 for fiscal years
beginning after September 30, 1998. Such sums shall remain
available until expended.
(3) Williamsville toll barrier.--
(A) Project.--The Secretary is authorized to carry out a
project to relocate a toll barrier complex to relieve traffic
congestion in the Buffalo, New York, area.
(B) Authorization.--There is authorized to be appropriated
to carry out this paragraph $20,000,000 for fiscal years
beginning after September 30, 1998. Such sums shall remain
available until expended.
(x) St. Georges, Delaware.--The Secretary of the Army shall
transfer all right, title, and interest of the United States
in the highway bridge on United States Route 13 in the
vicinity of St. Georges, Delaware, to the State of Delaware
if the transfer is necessary to facilitate retransfer to a
private entity for the purpose of demonstrating the
effectiveness and efficiency of the use of large-scale
composites technology for bridge rehabilitation. In
evaluating the level of service for all Federal crossings
over the Chesapeake and Delaware Canal in Delaware, the total
vehicle trips per day on this transferred bridge shall be
attributed to the remaining Federal crossing at St. Georges,
Delaware (the SR1 Bridge). If the transfer is completed
within 180 days after the date of enactment of this Act, the
Secretary shall provide $10,000,000 to the State for the
State to use in rehabilitating the bridge.
(y) Mount Paran Interchange Project for Interstate Route
75.--Notwithstanding any other provision of law, none of the
funds made available under this Act or title 23, United
States Code, shall be used to carry out a project to
construct or improve the Mount Paran interchange on
Interstate Route 75 in Georgia unless the Atlanta Regional
Commission approves the project after the date of enactment
of this Act.
(z) Nittany Parkway.--The Secretary shall designate 31
miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany
Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) Highway Economic Requirement System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the methodology used by
the Department of Transportation to determine highway needs
using the highway economic requirement system (in this
subsection referred to as the ``model'').
(B) Required element.--The evaluation shall include an
assessment of the extent to which the model estimates an
optimal level of highway infrastructure investment, including
an assessment as to when the model may be overestimating or
underestimating investment requirements.
(C) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the evaluation.
(2) State investment plans.--
(A) Study.--In consultation with State transportation
departments and other appropriate State and local officials,
the Comptroller General of the United States shall conduct a
study on the extent to which the model can be used to provide
States with useful information for developing State
transportation investment plans and State infrastructure
investment projections.
(B) Required elements.--The study shall--
(i) identify any additional data that may need to be
collected beyond the data submitted, before the date of
enactment of this Act, to the Federal Highway Administration
through the highway performance monitoring system; and
(ii) identify what additional work, if any, would be
required of the Federal Highway Administration and the States
to make the model useful at the State level.
(C) Report to congress.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
(b) International Roughness Index.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the international roughness index
that is used as an indicator of pavement quality on the
Federal-aid highway system.
(2) Required elements.--The study shall specify the extent
of usage of the index and the extent to which the
international roughness index measurement is reliable across
different manufacturers and types of pavement.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
(c) Use of Uniformed Police Officers on Federal-Aid Highway
Construction Projects.--
(1) Study.--In consultation with the States, State
transportation departments, and law enforcement
organizations, the Secretary shall conduct a study on the
extent and effectiveness of use by States of uniformed police
officers on Federal-aid highway construction projects.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study, including any
legislative and administrative recommendations of the
Secretary.
(d) Southwest Border Transportation Infrastructure.--
(1) Assessment.--The Secretary shall conduct a
comprehensive assessment of the state of the transportation
infrastructure on the southwest border between the United
States and Mexico (in this subsection referred to as the
``border'').
(2) Consultation.--In carrying out the assessment, the
Secretary shall consult with--
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
(F) the American Commissioner on the International Boundary
Commission, United States and Mexico;
(G) State agencies responsible for transportation and law
enforcement in border States; and
(H) municipal governments and transportation authorities in
sister cities in the border area.
(3) Requirements.--In carrying out the assessment, the
Secretary shall--
(A) assess the flow of commercial and private traffic
through designated ports of entry on the border;
(B) assess the adequacy of transportation infrastructure in
the border area, including highways, bridges, railway lines,
and border inspection facilities;
(C) assess the adequacy of law enforcement and narcotics
abatement activities in the border area, as the activities
relate to commercial and private traffic and infrastructure;
(D) assess future demands on transportation infrastructure
in the border area; and
(E) make recommendations to facilitate legitimate cross-
border traffic in the border area, while maintaining the
integrity of the border.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the assessment conducted under this subsection,
including any related legislative and administrative
recommendations.
(e) Study of Procurement Practices and Project Delivery.--
(1) Study.--The Comptroller General shall conduct a study
to assess the impact that a utility company's failure to
relocate its facilities in a timely manner has on the
delivery and cost of Federal-aid highway and bridge projects.
The study shall also assess the following:
(A) Methods States use to mitigate such delays, including
the use of the courts to compel cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations on
Federal-aid transportation project sites and, conversely,
penalties assessed on utility companies for utility
relocation delays on such projects.
(C) The extent to which States have used available
technologies, such as subsurface utility engineering, early
in the design of Federal-
[[Page H3818]]
aid highway and bridge projects so as to eliminate or reduce
the need for or delays due to utility relocations.
(D) Whether individual States compensate transportation
contractors for business costs incurred by the contractors
when Federal-aid highway and bridge projects under contract
to them are delayed by utility-company-caused delays in
utility relocations and any methods used by States in making
any such compensation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to Congress a report on the results of the study with any
recommendations the Comptroller General determines
appropriate as a result of the study.
(f) Specialized Hauling Vehicles.--
(1) Study.--The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized
hauling vehicles. The study shall include, at a minimum, an
analysis of the economic, safety, and infrastructure impacts
of the standards.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study with any
recommendations the Secretary determines appropriate as a
result of the study.
(g) Study of State Practices on Specific Service Signing.--
(1) Study.--The Secretary shall conduct a study to
determine the practices in the States for specific service
food signs described in sections 2G-5.7 and 2G-5.8 of the
Manual on Uniform Traffic Control Devices for Streets and
Highways. The study shall examine, at a minimum--
(A) the practices of all States for determining businesses
eligible for inclusion on such signs;
(B) whether States allow businesses to be removed from such
signs and the circumstances for such removal;
(C) the practices of all States for erecting and
maintaining such signs, including the time required for
erecting such signs; and
(D) whether States contract out the erection and
maintenance of such signs.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study, including any
recommendations and, if appropriate modifications to the
Manual.
(h) Vehicle Weight Enforcement.--
(1) Study.--The Secretary shall conduct a study of State
laws (including regulations) relating to penalties for
violation of State commercial motor vehicle weight laws.
(2) Purpose.--The purpose of the study shall be to
determine the effectiveness of State penalties as a deterrent
to illegally overweight trucking operations. The study shall
evaluate fine structures, innovative roadside enforcement
techniques, and a State's ability to penalize shippers and
carriers as well as drivers and shall examine the
effectiveness of administrative and judicial procedures
utilized to enforce vehicle weight laws.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study with any
legislative recommendations of the Secretary.
(i) Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the
Transportation Research Board of the National Academy of
Sciences to conduct a study regarding the regulation of
weights, lengths, and widths of commercial motor vehicles
operating on Federal-aid highways to which Federal
regulations apply on the date of enactment of this Act. In
conducting the study, the Board shall review law,
regulations, studies (including Transportation Research Board
Special Report 225), and practices and develop
recommendations regarding any revisions to law and
regulations that the Board determines appropriate.
(2) Factors to consider and evaluate.--In developing
recommendations under paragraph (1), the Board shall consider
and evaluate the impact of the recommendations described in
paragraph (1) on the economy, the environment, safety, and
service to communities.
(3) Consultation.--In carrying out the study, the Board
shall consult with the Department of Transportation, States,
the motor carrier industry, freight shippers, highway safety
groups, air quality and natural resource management groups,
commercial motor vehicle driver representatives, and other
appropriate entities.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Board shall transmit to Congress
and the Secretary a report on the results of the study
conducted under this subsection.
(5) Recommendations.--Not later than 180 days after the
date of receipt of the report under paragraph (4), the
Secretary may transmit to Congress a report containing
comments or recommendations of the Secretary regarding the
Board's report.
(6) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
$250,000 for each of fiscal years 1999 and 2000 to carry out
this subsection.
(7) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of the study under this subsection
shall be 100 percent and such funds shall remain available
until expended.
(j) Traffic Analysis.--
(1) In general.--The Secretary shall enter into an
agreement with the State of Oklahoma to carry out a traffic
analysis to determine the feasibility of a trade processing
center in McClain County, Oklahoma.
(2) Authorization.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,000,000 for fiscal
year 1999.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(1) Study.--The Secretary shall conduct a study to assess
the feasibility of providing high speed rail passenger
service from Atlanta,Georgia, to Charleston, South Carolina.
The study shall also assess the potential impact of rail
service on the tourism industry.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and to the Committee on Environment and
Public Works of the Senate a report on the results of the
study, together with any recommendations the Secretary
determines appropriate as a result of the study.
SEC. 1214. FEDERAL ACTIVITIES.
(a) Access to John F. Kennedy Center for the Performing
Arts.--
(1) Study.--The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing
Arts, and the Department of the Interior and in consultation
with other interested persons, shall conduct a study of
methods to improve pedestrian and vehicular access to the
John F. Kennedy Center for the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report containing the results of the study with an assessment
of the impacts (including environmental, aesthetic, economic,
and historical impacts) associated with the implementation of
each of the methods examined under the study.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$500,000 for fiscal year 1998.
(4) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of activities
conducted using such funds shall be 100 percent and such
funds shall remain available until expended.
(b) Smithsonian Institution Transportation Program.--
(1) In general.--The Secretary shall allocate amounts made
available by this subsection for obligation at the discretion
of the Secretary of the Smithsonian Institution, in
consultation with the Secretary, to carry out projects and
activities described in paragraph (2).
(2) Eligible uses.--Amounts allocated under paragraph (1)
may be obligated only--
(A) for transportation-related exhibitions, exhibits, and
educational outreach programs;
(B) to enhance the care and protection of the Nation's
collection of transportation-related artifacts;
(C) to acquire historically significant transportation-
related artifacts; and
(D) to support research programs within the Smithsonian
Institution that document the history and evolution of
transportation, in cooperation with other museums in the
United States.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $1,000,000 for each of fiscal years
1998 through 2003 to carry out this subsection.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share
of the cost of any project or activity under this subsection
shall be 100 percent and such funds shall remain available
until expended.
(c) New River Visitor Center.--
(1) In general.--The Secretary shall allocate to the
Secretary of the Interior amounts made available by this
subsection for the planning, design, and construction of a
visitor center, and such other related facilities as may be
necessary, to facilitate visitor understanding and enjoyment
of the scenic, historic, cultural, and recreational resources
of the New River Gorge National River in the State of West
Virginia. The center and related facilities shall be located
at a site for which title is held by the United States in the
vicinity of the I-64 Sandstone intersection.
(2) Authorization of appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,300,000 for fiscal year 1998, $1,200,000 for fiscal year
1999, and $9,900,000 for fiscal year 2000.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that such funds shall
remain available until expended.
(d) Additional Authorization of Contract Authority for
States With Indian Reservations.--
(1) Availability to states.--Not later than October 1 of
each fiscal year, funds made available under paragraph (5)
for the fiscal year shall be made available by the Secretary,
in equal amounts, to each State that has within
[[Page H3819]]
the boundaries of the State all or part of an Indian
reservation having a land area of 10,000,000 acres or more.
(2) Availability to eligible counties.--
(A) In general.--Each fiscal year, each county that is
located in a State to which funds are made available under
paragraph (1), and that has in the county a public road
described in subparagraph (B), shall be eligible to apply to
the State for all or a portion of the funds made available to
the State under this subsection to be used by the county to
maintain such roads.
(B) Roads.--A public road referred to in subparagraph (A)
is a public road that--
(i) is within, adjacent to, or provides access to an Indian
reservation described in paragraph (1);
(ii) is used by a school bus to transport children to or
from a school or Headstart program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.); and
(iii) is maintained by the county in which the public road
is located.
(C) Allocation among eligible counties.--
(i) In general.--Except as provided in clause (ii), each
State that receives funds under paragraph (1) shall provide
directly to each county that applies for funds the amount
that the county requests in the application.
(ii) Allocation among eligible counties.--If the total
amount of funds applied for under this subsection by eligible
counties in a State exceeds the amount of funds available to
the State, the State shall equitably allocate the funds among
the eligible counties that apply for funds.
(3) Supplementary funding.--For each fiscal year, the
Secretary shall ensure that funding made available under this
subsection supplements (and does not supplant)--
(A) any obligation of funds by the Bureau of Indian Affairs
for road maintenance programs on Indian reservations; and
(B) any funding provided by a State to a county for road
maintenance programs in the county.
(4) Use of unallocated funds.--Any portion of the funds
made available to a State under this subsection that is not
made available to counties within 1 year after the funds are
made available to the State shall be apportioned among the
States in accordance with section 104(b) of title 23, United
States Code.
(5) Funding.--
(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,500,000 for each of
fiscal years 1998 through 2003.
(B) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(e) National Defense Highways Outside the United States.--
(1) Reconstruction projects.--If the Secretary determines,
after consultation with the Secretary of Defense, that a
highway, or a portion of a highway, located outside the
United States is important to the national defense, the
Secretary may carry out a project for reconstruction of the
highway or portion of highway.
(2) Funding.--
(A) In general.--For each of fiscal years 1998 through
2002, the Secretary may set aside not to exceed $18,800,000
from amounts to be apportioned under section 104(b)(4) of
title 23, United States Code, to carry out this section.
(B) Availability.--Funds made available under subparagraph
(1) shall remain available until expended.
(f) Sachuest Point National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $200,000 for
fiscal year 1999 to the United State Fish and Wildlife
Service to resurface the entrance road to Sachuest Point
National Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $200,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(g) Runway Removal at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $300,000 for
fiscal year 1999 to the United States Fish and Wildlife
Service to remove asphalt runways at Ninigret National
Wildlife Refuge and $500,000,000 shall be available to the
State of Rhode Island for Improvements to the T.F. Green
Intermodal Facility in Rhode Island for each of fiscal years
1999 through 2003.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $5,300,000 for fiscal year 1999
and $5,000,000 for each of fiscal years 2000 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(h) Middletown Visitor Center.--
(1) In general.--The Secretary shall provide $500,000 for
fiscal year 1999 to the United States Fish and Wildlife
Service for the Middletown visitor center at Sachuest Point
National Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $500,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(i) Entrance Paving at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $750,000 for
fiscal year 1999 to the United States Fish and Wildlife
Service to pave the entrance road to the Ninigret National
Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $750,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(j) Education Center.--
(1) In general.--The Secretary shall provide $1,000,000 for
each of fiscal years 1999 through 2003 to the United States
Fish and Wildlife Service for the education visitor center at
the Rhode Island National Wildlife Refuge complex.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for each of fiscal
years 1999 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(k) Richmond National Battlefield Park.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 to the National Park Service to revitalize
the Tredegar Iron Works to serve as a visitor center for
Richmond National Battlefield Park.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide $800,000 for
each of fiscal years 1999 through 2003 to the Corps of
Engineers to be made available to the State of Missouri for
resurfacing and maintenance of city and county roads that
provide access to Corps of Engineers reservoirs.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $800,000 for each of fiscal
years 1999 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(m) Civil War Battlefield Plan.--
(1) In general.--The Secretary shall provide $250,000 for
each of fiscal years 1999 and 2000 to the Department of the
Interior to be made available to the Shenandoah Valley
Battlefield National Historic District Commission for
developing a plan for the interpretation and protection of 10
Civil War battlefields in the Shenandoah Valley.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $250,000 for each of fiscal
years 1999 and 2000.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(n) DOT Headquarters Facility.--Before taking any action
that leads to Government ownership of the Department of
Transportation headquarters facility, through construction or
purchase, the Administrator of General Services shall first
seek approval of the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(o) Fort Peck, Montana.--
(1) Fort peck, montana, visitors center.--The Secretary
shall provide funds for the environmental review, planning,
design, and construction of a historical and cultural
visitors center and museum at Fort Peck, Montana.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$3,000,000 for each of fiscal years 1999 and 2000.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code;
except that such funds shall remain available until expended.
(p) Bridges on Natchez Trace Parkway, Mississippi.--
(1) In general.--The Secretary shall allocate to the State
of Mississippi amounts available by this subsection to be
used for replacement and widening of the box bridges on the
Natchez Trace Parkway at Old Canton Road and at Rice Road in
Madison County, Mississippi.
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$5,000,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.
(q) Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for the Lolo
Pass Visitor Center in the State of Idaho.
[[Page H3820]]
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$2,943,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal years
1998 through 2003 to the Commonwealth of Puerto Rico to carry
out a highway program in such Commonwealth.
(2) Applicability of title 23.--Amounts made available by
section 1101(a)(15) of this Act shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
Such amounts shall be subject to any limitation on
obligations for Federal-aid highway and highway safety
construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(a) Gettysburg, Pennsylvania.--
(1) Restoration of train station.--The Secretary shall
allocate amounts made available by this subsection for the
restoration of the Gettysburg, Pennsylvania, train station.
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $400,000 for each of fiscal years
1998 and 1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of restoration of the train station
under this subsection shall be 80 percent and such funds
shall remain available until expended.
(b) Center.--
(1) Establishment.--The Secretary shall allocate funds made
available to carry out this subsection to establish a center
for national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
designated scenic byway routes in accordance with paragraph
(2).
(2) Communications systems.--The center for national scenic
byways shall develop and implement communications systems for
the support of the national scenic byways program. Such
communications systems shall provide local officials and
planning groups associated with designated National Scenic
Byways or All-American Roads with proactive, technical, and
customized assistance through the latest technology that
allows scenic byway officials to develop and sustain their
National Scenic Byways or All-American Roads.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share
of the cost of any project under this subsection shall be 100
percent and such funds shall remain available until expended.
(c) Coal Heritage Trail.--
(1) In general.--The Secretary shall make grants to the
State of West Virginia for the Coal Heritage Scenic Byway for
the purposes set forth in section 204(h) of title 23, United
States Code.
(2) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$2,000,000 for each of fiscal years 1999 through 2001.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.
(d) Traffic Calming Measures.--
(1) In general.--The Secretary shall provide $5,000,000 for
fiscal year 1999 and $2,000,000 for each of fiscal years 2000
through 2003 to implement traffic calming measures in
Fauquier and Loudoun Counties, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(e) Pedestrian Bridge.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 for a pedestrian bridge over United States
Route 29 at Emmet Street in Charlottesville, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(f) Interpretive Center.--
(1) In general.--The Secretary shall provide $600,000 for
fiscal year 1999 for construction of the Virginia Blue Ridge
Parkway interpretive center located on the Roanoke River
Gorge in Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(g) Chain of Rocks Bridge.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 for the renovation and preservation of the
Missouri Route 66 Chain of Rocks Bridge.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation
in the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--
Notwithstanding any other provision of law, the Secretary
shall approve the construction of Type II noise barriers
beginning on the west side of Interstate Route 285 extending
from Northlake Parkway to Henderson Mill Road in Dekalb
County, Georgia, from funds apportioned under sections
104(b)(1) and 104(b)(3) of title 23, United States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING
METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended--
(A) in the subsection heading by striking ``Congestion''
and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each place it appears and
inserting ``value''; and
(ii) by striking ``projects'' each place it appears and
inserting ``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and inserting ``programs'';
and
(ii) by striking ``traffic, volume'' and inserting
``traffic volume''.
(2) Increased number of projects.--Section 1012(b)(1) of
such Act is amended in the second sentence by striking ``5''
and inserting ``15''.
(3) Eligibility of preimplementation costs.-- Section
1012(b)(2) of such Act is amended in the second sentence--
(A) by inserting after ``Secretary shall fund'' the
following: ``all preimplementation costs and project design,
and''; and
(B) by inserting after ``Secretary may not fund'' the
following: ``the preimplementation or implementation costs
of''.
(4) Tolling.--Section 1012(b)(4) of such Act is amended by
striking ``a pilot program under this section, but not on
more than 3 of such programs'' and inserting ``any value
pricing pilot program under this subsection''.
(5) HOV passenger requirements.--Section 1012(b) of such
Act is amended by striking paragraph (6) and inserting the
following:
``(6) HOV passenger requirements.--Notwithstanding section
146(c) of title 23, United States Code, a State may permit
vehicles with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.''.
(6) Financial effects on low-income drivers.--Section
1012(b) of such Act is amended by adding at the end the
following:
``(7) Financial effects on low-income drivers.--Any value
pricing pilot program under this subsection shall include, if
appropriate, an analysis of the potential effects of the
pilot program on low income drivers and may include
mitigation measures to deal with any potential adverse
financial effects on low-income drivers.''.
(7) Funding.--Section 1012(b) of such Act (as amended by
paragraph (6)) is amended by adding at the end the following:
``(8) Funding.--
``(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $8,000,000 for each of
fiscal years 1998 through 2003.
``(B) Availability.--Funds allocated by the Secretary to a
State under this subsection shall remain available for
obligation by the State for a period of 3 years after the
last day of the fiscal year for which the funds are
authorized.
``(C) Use of unallocated funds.--If the total amount of
funds made available from the Highway Trust Fund under this
subsection for fiscal year 1998 and fiscal years thereafter
but not allocated exceeds $8,000,000 as of September 30 of
any year, the excess amount--
``(i) shall be apportioned in the following fiscal year by
the Secretary to all States in accordance with section
104(b)(3) of title 23, United States Code;
``(ii) shall be considered to be a sum made available for
expenditure on the surface transportation program, except
that the amount shall not be subject to section 133(d) of
such title; and
``(iii) shall be available for any purpose eligible for
funding under section 133 of such title.
``(D) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share
of the cost of any project under this subsection and the
availability of funds authorized by this paragraph shall be
determined in accordance with this subsection.''.
(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23, United
States Code, may permit a State to collect tolls on a
highway, bridge, or tunnel on the Interstate System for the
purpose of reconstructing and rehabilitating Interstate
highway corridors that could not otherwise be adequately
maintained or functionally improved without the collection of
tolls.
(2) Limitation on number of facilities.--The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) Eligibility.--To be eligible to participate in the
pilot program, a State shall submit to the
[[Page H3821]]
Secretary an application that contains, at a minimum, the
following:
(A) An identification of the facility on the Interstate
System proposed to be a toll facility, including the age,
condition, and intensity of use of the facility.
(B) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning
organization established under section 134 of title 23,
United States Code, for the area has been consulted
concerning the placement and amount of tolls on the facility.
(C) An analysis demonstrating that the facility could not
be maintained or improved to meet current or future needs
from the State's apportionments and allocations made
available by this Act (including amendments made by this Act)
and from revenues for highways from any other source without
toll revenues.
(D) A facility management plan that includes--
(i) a plan for implementing the imposition of tolls on the
facility;
(ii) a schedule and finance plan for the reconstruction or
rehabilitation of the facility using toll revenues;
(iii) a description of the public transportation agency
that will be responsible for implementation and
administration of the pilot program;
(iv) a description of whether consideration will be given
to privatizing the maintenance and operational aspects of the
facility, while retaining legal and administrative control of
the portion of the Interstate route; and
(v) such other information as the Secretary may require.
(4) Selection criteria.--The Secretary may approve the
application of a State under paragraph (3) only if the
Secretary determines that--
(A) the State is unable to reconstruct or rehabilitate the
proposed toll facility using existing apportionments;
(B) the facility has a sufficient intensity of use, age, or
condition to warrant the collection of tolls;
(C) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and
interstate travelers;
(D) the State plan for reconstruction or rehabilitation of
the facility using toll revenues is reasonable; and
(E) the State has given preference to the use of a public
toll agency with demonstrated capability to build, operate,
and maintain a toll expressway system meeting criteria for
the Interstate System.
(5) Limitations on use of revenues; audits.--Before the
Secretary may permit a State to participate in the pilot
program, the State must enter into an agreement with the
Secretary that provides that--
(A) all toll revenues received from operation of the toll
facility will be used only for--
(i) debt service;
(ii) reasonable return on investment of any private person
financing the project; and
(iii) any costs necessary for the improvement of and the
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation of the toll facility; and
(B) regular audits will be conducted to ensure compliance
with subparagraph (A) and the results of such audits will be
transmitted to the Secretary.
(6) Limitation on use of interstate maintenance funds.--
During the term of the pilot program, funds apportioned for
Interstate maintenance under section 104(b)(4) of title 23,
United States Code, may not be used on a facility for which
tolls are being collected under the program.
(7) Program term.--The Secretary shall conduct the pilot
program under this subsection for a term to be determined by
the Secretary, but not less than 10 years.
(8) Interstate system defined.--In this subsection, the
term ``Interstate System'' has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 1217. ELIGIBILITY.
(a) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct
any portion of a Federal-aid primary route in San Mateo
County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of
title 23, United States Code, if the project complies with
the local coastal plan.
(b) Ambassador Bridge Access, Detroit, Michigan.--
(1) In general.--Notwithstanding section 129 of title 23,
United States Code, or any other provision of law,
improvements to access roads and construction of access
roads, approaches, and related facilities (such as signs,
lights, and signals) necessary to connect the Ambassador
Bridge in Detroit, Michigan, to the Interstate System shall
be eligible for funds apportioned under paragraphs (1) and
(3) of section 104(b) of such title.
(2) Use of funds.--Funds described in paragraph (1) shall
not be used for any improvement to, or construction of, the
bridge itself.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other
provision of law, a project to construct a new bridge over
the Cuyahoga River in Cleveland, Ohio, shall be eligible for
funds apportioned under section 104(b)(3) of such title.
(d) Connecticut.--In fiscal year 1998, the State of
Connecticut may transfer any funds remaining available for
obligation under section 104(b)(4) of title 23, United States
Code, as in effect on the day before the date of the
enactment of this Act, for construction of the Interstate
System to any other program eligible for assistance under
chapter 1 of such title. Before making any distribution of
the obligation limitation under section 1102(c)(6) of this
Act, the Secretary shall make available to the State of
Connecticut sufficient obligation authority under section
1102(c) of this Act to obligate funds available for transfer
under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor
organization, shall be permitted to continue collecting tolls
for maintenance of, operation of, capital improvements to,
and future expansions to the International Bridge, Sault Ste.
Marie, Michigan, and its approaches, plaza areas, and
associated structures.
(f) Information Services.--A food business that would
otherwise be eligible to display a mainline business logo on
a specific service food sign described in section 2G-5.7(4)
of part IIG of the 1988 edition of the Manual on Uniform
Traffic Control Devices for Streets and Highways under the
requirements specified in that section, but for the fact that
the business is open 6 days a week, cannot be prohibited from
inclusion on such a food sign.
(g) Continuance of Commercial Operations at Certain Service
Plazas in the State of Maryland.--
(1) Waiver.--Notwithstanding section 111 of title 23,
United States Code, and the agreements described in paragraph
(2), at the request of the Maryland Transportation Authority,
the Secretary shall allow the continuance of commercial
operations at the service plazas on the John F. Kennedy
Memorial Highway on Interstate Route 95.
(2) Agreements.--The agreements referred to in paragraph
(1) are agreements between the Department of Transportation
of the State of Maryland and the Federal Highway
Administration concerning the highway described in paragraph
(1).
(h) Welcome Center Pilot Project.--
(1) In general.--The Secretary shall permit the State of
Georgia to conduct a pilot project to acquire, construct,
operate, and maintain a demonstration safety rest area and
information center along Interstate Route 75 in Cobb County,
Georgia, in accordance with paragraph (2).
(2) Information center and system.--The center may provide
goods and information that is of interest to the traveling
public, including commercial advertising and media displays,
if such advertising and displays are--
(A) exhibited solely within any facility constructed in the
rest area; and
(B) not legible from the main traveled way.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the pilot project.
(i) Southern California.--Notwithstanding section 120(l)(1)
of title 23, United States Code--
(1) private entity expenditures to construct the SR-91 toll
road located in Orange County, California, from SR-55 to the
Riverside County line may be credited toward the State
matching share for any Federal-aid project beginning
construction after the SR-91 toll road was opened to traffic;
and
(2) private expenditures for the future SR-125 toll road in
San Diego County, California, from SR-905 to San Miguel Road
may be credited against the State match share for Federal-aid
highway projects beginning after SR-125 is opened to traffic.
(j) Tolls on Pennsylvania Turnpike.--Notwithstanding any
other provision of law, no tolls shall be collected during
the 6-year period beginning on the date of enactment of this
Act on the Pennsylvania Turnpike for travel either entering
Bedford and exiting Breezewood, Pennsylvania, or entering
Breezewood and exiting Bedford.
(k) Vicksburg and Jackson, Mississippi.--Notwithstanding
any other provision of this Act, funds authorized by this Act
(including amendments made by this Act) for transportation
projects in the State of Mississippi may be used for the
purpose of constructing, reconstructing, or rehabilitating
rail lines in the vicinity of Vicksburg and Jackson,
Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology
deployment program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs'--
``(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached
to guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, but
not including costs incurred for a new station; and
``(B) includes the costs of preconstruction planning
activities.
``(2) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles,
and equipment.
``(3) MAGLEV.--The term `MAGLEV' means transportation
systems employing magnetic levitation that would be capable
of safe use by the public at a speed in excess of 240 miles
per hour or under 50 miles per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the commercial
feasibility study of high-speed ground transportation
conducted
[[Page H3822]]
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1978).
``(b) Financial Assistance.--
``(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section.
Financial assistance made available under this section and
projects assisted with the assistance shall be subject to
section 5333(a) of title 49, United States Code.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than \2/3\.
``(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible
project costs of projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not
later than 180 days after the date of enactment of this
subsection, the Secretary shall solicit applications from
States, or authorities designated by 1 or more States, for
financial assistance authorized by subsection (b) for
planning, design, and construction of eligible MAGLEV
projects.
``(d) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed or low-
speed ground transportation corridor that exhibit partnership
potential;
``(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
``(A) the amounts made available under subsection
(h)(1)(A); and
``(B) the amounts made available by States under subsection
(h)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs paid
using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan
planning requirements;
``(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States;
``(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried out
as a technology transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The
criteria shall include the extent to which--
``(1) a project is nationally significant, including the
extent to which the project will demonstrate the feasibility
of deployment of MAGLEV technology throughout the United
States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the
need for additional highway or airport construction;
``(3) States, regions, and localities financially
contribute to the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
``(5) the project will augment MAGLEV networks identified
as having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract
private debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are
considered and enhanced.
``(f) Project Selection.--
``(1) Preconstruction planning activities.--Not later than
90 days after a deadline established by the Secretary for the
receipt of applications, the Secretary shall evaluate the
eligible projects in accordance with the selection criteria
and select 1 or more eligible projects to receive financial
assistance for preconstruction planning activities,
including--
``(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements and
assessments as are required under State law;
``(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under
paragraph (2); and
``(C) such other activities as are necessary to provide the
Secretary with sufficient information to evaluate whether a
project should receive financial assistance for final design,
engineering, and construction activities under paragraph (2).
``(2) Final design, engineering, and construction
activities.--After completion of preconstruction planning
activities for all projects assisted under paragraph (1), the
Secretary shall select 1 of the projects to receive financial
assistance for final design, engineering, and construction
activities.
``(g) Joint Ventures.--A project undertaken by a joint
venture of United States and non-United States persons
(including a project involving the deployment of non-United
States MAGLEV technology in the United States) shall be
eligible for financial assistance under this section if the
project is eligible under subsection (d) and selected under
subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $15,000,000 for fiscal
year 1999, $20,000,000 for fiscal year 2000, and $25,000,000
for fiscal year 2001.
``(ii) Contract authority.--Funds authorized by this
subparagraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(I) the Federal share of the cost of a project carried
out under this section shall be determined in accordance with
subsection (b); and
``(II) the availability of the funds shall be determined in
accordance with paragraph (2).
``(B) Noncontract authority authorization of
appropriations.--
``(i) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $200,000,000 for each of
fiscal years 2000 and 2001, $250,000,000 for fiscal year
2002, and $300,000,000 for fiscal year 2003.
``(ii) Availability.--Notwithstanding section 118(a), funds
made available under clause (i) shall not be available in
advance of an annual appropriation.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry
out the surface transportation program under section 133 and
the congestion mitigation and air quality improvement program
under section 149 may be used by the State to pay a portion
of the full project costs of an eligible project selected
under this section, without requirement for non-Federal
funds.
``(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under this
section shall be eligible for other forms of financial
assistance provided under this title and the Transportation
Equity Act for the 21st Century, including loans, loan
guarantees, and lines of credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after
the item relating to section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code
is amended by adding at the end the following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a national
scenic byways program that recognizes roads having
outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by designating the
roads as National Scenic Byways or All-American Roads.
``(2) Criteria.--The Secretary shall designate roads to be
recognized under the national scenic byways program in
accordance with criteria developed by the Secretary.
``(3) Nomination.--To be considered for the designation, a
road must be nominated by a State or a Federal land
management agency and must first be designated as a State
scenic byway or, in the case of a road on Federal land, as a
Federal land management agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States to--
``(A) implement projects on highways designated as National
Scenic Byways or All-American Roads, or as State scenic
byways; and
``(B) plan, design, and develop a State scenic byway
program.
``(2) Priorities.--In making grants, the Secretary shall
give priority to--
``(A) each eligible project that is associated with a
highway that has been designated as a National Scenic Byway
or All-American Road and that is consistent with the corridor
management plan for the byway;
``(B) each eligible project along a State-designated scenic
byway that is consistent with the corridor management plan
for the byway, or is intended to foster the development of
such a plan, and is carried out to make the byway eligible
for designation as a National Scenic Byway or All-American
Road; and
``(C) each eligible project that is associated with the
development of a State scenic byway program.
``(c) Eligible Projects.--The following are projects that
are eligible for Federal assistance under this section:
``(1) An activity related to the planning, design, or
development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of related
amenities.
``(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic
and changes in the types of vehicles using the highway as a
result of the designation as a State scenic byway, National
Scenic Byway, or All-American Road.
``(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway
shoulder improvement, passing lane, overlook, or interpretive
facility.
``(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including
water-related recreation.
``(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an area
adjacent to a scenic byway.
``(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
[[Page H3823]]
``(8) Development and implementation of a scenic byway
marketing program.
``(d) Limitation.--The Secretary shall not make a grant
under this section for any project that would not protect the
scenic, historical, recreational, cultural, natural, and
archaeological integrity of a highway and adjacent areas.
``(e) Savings Clause.--The Secretary shall not withhold any
grant or impose any requirement on a State as a condition of
providing a grant or technical assistance for any scenic
byway unless the requirement is consistent with the authority
provided in this chapter.
``(f) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80
percent, except that, in the case of any scenic byway project
along a public road that provides access to or within Federal
or Indian land, a Federal land management agency may use
funds authorized for use by the agency as the non-Federal
share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.
(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic decisionmaking responsibility of the regional
offices of the Federal Highway Administration for the
Federal-aid highway program as part of the Administration's
efforts to restructure its field organization.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall eliminate regional offices, create technical
resource centers, and, to the maximum extent practicable,
delegate authority to State offices of the Federal Highway
Administration.
(b) Preference.--In locating the technical resource
centers, the Secretary shall give preference to cities that
house, on the date of enactment of this Act, the Federal
Highway Administration regional offices and are in locations
that minimize the travel distance between the technical
resource centers and the Federal Highway Administration
division offices that will be served by the new technical
resource centers.
(c) Report to Congress.--The Secretary shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a detailed implementation plan to
carry out this section not later than September 30, 1998, and
thereafter provide periodic progress reports on carrying out
this section to such Committees.
(d) Implementation.--The Secretary shall begin
implementation of the plan transmitted under subsection (c)
not later than December 31, 1998.
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM
PRESERVATION PILOT PROGRAM.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall
establish a comprehensive initiative to investigate and
address the relationships between transportation and
community and system preservation and identify private
sector-based initiatives.
(b) Research.--
(1) In general.--In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the
Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation,
community preservation, and the environment and the role of
the private sector in shaping such relationships.
(2) Required elements.--The program shall provide for
monitoring and analysis of projects carried out with funds
made available to carry out subsections (c) and (d).
(c) Planning.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
plan, develop, and implement strategies to integrate
transportation and community and system preservation plans
and practices.
(2) Purposes.--The purposes of the allocations shall be--
(A) to improve the efficiency of the transportation system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments in
public infrastructure;
(D) to provide efficient access to jobs, services, and
centers of trade; and
(E) to examine development patterns and identify strategies
to encourage private sector development patterns which
achieve the goals identified in subparagraphs (A) through
(D).
(3) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) propose projects for funding that address the purposes
described in paragraph (2); and
(B) demonstrate a commitment of non-Federal resources to
the proposed projects.
(4) Additional criteria.--In addition, the Secretary shall
give consideration to applicants that demonstrate a
commitment to public and private involvement, including
involvement of nontraditional partners in the project team.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
carry out projects to address transportation efficiency and
community and system preservation.
(2) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) have instituted preservation or development plans and
programs that--
(i) meet the requirements of title 23 and chapter 53 of
title 49, United States Code; and
(ii)(I) are coordinated with State and local adopted
preservation or development plans;
(II) are intended to promote cost-effective and strategic
investments in transportation infrastructure that minimize
adverse impacts on the environment; or
(III) are intended to promote innovative private sector
strategies.
(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
(i) spending policies that direct funds to high-growth
areas;
(ii) urban growth boundaries to guide metropolitan
expansion;
(iii) ``green corridors'' programs that provide access to
major highway corridors for areas targeted for efficient and
compact development; or
(iv) other similar programs or policies as determined by
the Secretary;
(C) have preservation or development policies that include
a mechanism for reducing potential impacts of transportation
activities on the environment;
(D) examine ways to encourage private sector investments
that address the purposes of this section; and
(E) propose projects for funding that address the purposes
described in subsection (c)(2).
(3) Equitable distribution.--In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds made available to
carry out this subsection shall be used by the recipient to
implement the projects proposed in the application to the
Secretary.
(B) Types of projects.--The allocation of funds shall be
available for obligation for--
(i) any project eligible for funding under title 23 or
chapter 53 of title 49, United States Code; or
(ii) any other activity relating to transportation and
community and system preservation that the Secretary
determines to be appropriate, including corridor preservation
activities that are necessary to implement--
(I) transit-oriented development plans;
(II) traffic calming measures; or
(III) other coordinated transportation and community and
system preservation practices.
(e) Funding.--
(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $20,000,000 for fiscal
year 1999 and $25,000,000 for each of fiscal years 2000
through 2003.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended--
(1) in the undesignated paragraph relating to Alabama--
(A) by inserting ``Hale,'' after ``Franklin,''; and
(B) by inserting ``Macon,'' after ``Limestone,'';
(2) in the undesignated paragraph relating to Georgia--
(A) by inserting ``Elbert,'' after ``Douglas,''; and
(B) by inserting ``Hart,'' after ``Haralson,'';
(3) in the undesignated paragraph relating to Mississippi
by striking ``and Winston'' and inserting ``Winston, and
Yalobusha''; and
(4) in the undesignated paragraph relating to Virginia--
(A) by inserting ``Montgomery,'' after ``Lee,''; and
(B) by inserting ``Rockbridge,'' after ``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act is
amended by striking ``section 201'' and inserting ``sections
201 and 403''. This amendment ensures that section 403 is
still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.
(a) Purpose.--The purpose of this section is to authorize
the provision of assistance for, and support of, State and
local efforts concerning surface transportation issues
necessary to obtain the national recognition and economic
benefits of participation in the International Olympic
movement, the International Paralympic movement, and the
Special Olympics International movement by hosting
international quadrennial Olympic and Paralympic events, and
Special Olympics International events, in the United States.
(b) Priority for Transportation Projects Relating to
Olympic, Paralympic, and Special Olympic Events.--
Notwithstanding any other provision of law, from funds
available to carry out sections 118(c) and 144(g)(1) of title
23, United States Code, the Secretary may give priority to
funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, if--
(1) the project meets the extraordinary needs associated
with an international quadrennial Olympic or Paralympic event
or a Special Olympics International event; and
(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
(c) Transportation Planning Activities.--The Secretary may
participate in--
[[Page H3824]]
(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, under sections 134 and
135 of title 23, United States Code; and
(2) developing intermodal transportation plans necessary
for the projects in coordination with State and local
transportation agencies.
(d) Funding.--Notwithstanding section 5001(a), from funds
made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic,
and a Special Olympic transportation management plan in
cooperation with an Olympic Organizing Committee responsible
for hosting, and State and local communities affected by, an
international quadrennial Olympic or Paralympic event or a
Special Olympics International event.
(e) Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--
(1) In general.--The Secretary may provide assistance,
including planning, capital, and operating assistance, to
States and local governments in carrying out transportation
projects relating to an international quadrennial Olympic or
Paralympic event or a Special Olympics International event.
(2) Federal share.--The Federal share of the cost of a
project assisted under this subsection shall not exceed 80
percent.
(f) Eligible Governments.--A State or local government
shall be eligible to receive assistance under this section
only if the government is hosting a venue that is part of an
international quadrennial Olympics that is officially
selected by the International Olympic Committee.
(g) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section such sums
as are necessary for each of fiscal years 1998 through 2003.
Subtitle C--Program Streamlining and Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR
PRESERVATION.
(a) Advance Acquisition of Real Property.--Section 108 of
title 23, United States Code, is amended by striking the
section heading and subsection (a) and inserting the
following:
``Sec. 108. Advance acquisition of real property
``(a) In General.--
``(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of real
property for a transportation improvement eligible for
funding under this title, the Secretary, upon the request of
a State, may make available, for the acquisition of real
property, such funds apportioned to the State as may be
expended on the transportation improvement, under such rules
and regulations as the Secretary may issue.
``(2) Construction.--The agreement between the Secretary
and the State for the reimbursement of the cost of the real
property shall provide for the actual construction of the
transportation improvement within a period not to exceed 20
years following the fiscal year for which the request is
made, unless the Secretary determines that a longer period is
reasonable.''.
(b) Credit for Acquired Lands.--Section 323(b) of such
title is amended--
(1) in the subsection heading, by striking ``Donated'' and
inserting ``Acquired'';
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Notwithstanding any other provision of
this title, the State share of the cost of a project with
respect to which Federal assistance is provided from the
Highway Trust Fund (other than the Mass Transit Account) may
be credited in an amount equal to the fair market value of
any land that--
``(A) is lawfully obtained by the State or a unit of local
government in the State;
``(B) is incorporated into the project;
``(C) is not land described in section 138; and
``(D) the Secretary determines will not influence the
environmental assessment of the project, including--
``(i) the decision as to the need to construct the project;
``(ii) the consideration of alternatives; and
``(iii) the selection of a specific location.
``(2) Establishment of fair market value.--The fair market
value of land incorporated into a project and credited under
paragraph (1) shall be established in the manner determined
by the Secretary, except that--
``(A) the fair market value shall not include any increase
or decrease in the value of donated property caused by the
project; and
``(B) the fair market value of donated land shall be
established as of the earlier of--
``(i) the date on which the donation becomes effective; or
``(ii) the date on which equitable title to the land vests
in the State.'';
(3) in paragraph (3) by striking ``agency of a Federal,
State, or local government'' and inserting ``agency of the
Federal Government''; and
(4) in paragraph (4) by striking ``to which the donation is
applied''.
(c) Crediting of Contributions by Units of Local Government
Toward the State Share.--Section 323 of such title is amended
by adding at the end the following:
``(e) Crediting of Contributions by Units of Local
Government Toward the State Share.--A contribution by a unit
of local government of real property, funds, or material in
connection with a project eligible for assistance under this
title shall be credited against the State share of the
project at the fair market value of the real property, funds,
or material.''.
(d) Conforming Amendments.--
(1) Section 323 of such title is amended by striking the
section heading and inserting the following:
``Sec. 323. Donations and credits''.
(2) The analysis for chapter 1 of such title is amended by
striking the item relating to section 108 and inserting the
following:
``108. Advance acquisition of real property.''.
(3) The analysis for chapter 3 of such title is amended by
striking the item relating to section 323 and inserting the
following:
``323. Donations and credits.''.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary, from time to time as the
work progresses, may make payments to a State for costs of
construction incurred by the State on a project. Such
payments may also be made for the value of the materials--
``(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for
the projects; and
``(2) that are not in the vicinity of the construction if
the Secretary determines that because of required fabrication
at an off-site location the material cannot be stockpiled in
such vicinity.
``(b) Project Agreement.--No payment shall be made under
this chapter except for a project covered by a project
agreement. After completion of the project in accordance with
the project agreement, a State shall be entitled to payment
out of the appropriate sums apportioned or allocated to the
State of the unpaid balance of the Federal share payable for
such project.'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection (c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States
Code, is amended to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
``(a) Minimum Charge.--Subject to section 142(f), a State
shall charge, at a minimum, fair market value for the sale,
use, lease, or lease renewal (other than for utility use and
occupancy or for a transportation project eligible for
assistance under this title) of real property acquired with
Federal assistance made available from the Highway Trust Fund
(other than the Mass Transit Account).
``(b) Exceptions.--The Secretary may grant an exception to
the requirement of subsection (a) for a social,
environmental, or economic purpose.
``(c) Use of Federal Share of Income.--The Federal share of
net income from the revenues obtained by a State under
subsection (a) shall be used by the State for projects
eligible under this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 156 and inserting the following:
``156. Proceeds from the sale or lease of real property.''.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended
in the first sentence by inserting after ``10 years'' the
following: ``(or such longer period as the State requests and
the Secretary determines to be reasonable)''.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 106. Project approval and oversight'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by striking subsections (a) through (d) and inserting
the following:
``(a) In General.--
``(1) Submission of plans, specifications, and estimates.--
Except as otherwise provided in this section, each State
transportation department shall submit to the Secretary for
approval such plans, specifications, and estimates for each
proposed project as the Secretary may require.
``(2) Project agreement.--The Secretary shall act on the
plans, specifications, and estimates as soon as practicable
after the date of their submission and shall enter into a
formal project agreement with the State transportation
department formalizing the conditions of the project
approval.
``(3) Contractual obligation.--The execution of the project
agreement shall be deemed a contractual obligation of the
Federal Government for the payment of the Federal share of
the cost of the project.
``(4) Guidance.--In taking action under this subsection,
the Secretary shall be guided by section 109.
``(b) Project Agreement.--
``(1) Provision of state funds.--The project agreement
shall make provision for State funds required to pay the
State's non-Federal share of the cost of construction of the
project and to pay for maintenance of the project after
completion of construction.
``(2) Representations of state.--If a part of the project
is to be constructed at the expense of, or in cooperation
with, political subdivisions of the State, the Secretary may
rely on representations made by the State transportation
department with respect to the arrangements or agreements
made by the State transportation department and appropriate
local officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
[[Page H3825]]
``(c) Assumption by States of Responsibilities of the
Secretary.--
``(1) Non-interstate nhs projects.--For projects under this
title that are on the National Highway System but not on the
Interstate System, the State may assume the responsibilities
of the Secretary under this title for design, plans,
specifications, estimates, contract awards, and inspections
of projects unless the State or the Secretary determines that
such assumption is not appropriate.
``(2) Non-nhs projects.--For projects under this title that
are not on the National Highway System, the State shall
assume the responsibilities of the Secretary under this title
for design, plans, specifications, estimates, contract
awards, and inspection of projects, unless the State
determines that such assumption is not appropriate.
``(3) Agreement.--The Secretary and the State shall enter
into an agreement relating to the extent to which the State
assumes the responsibilities of the Secretary under this
subsection.
``(4) Limitation on authority of secretary.--The Secretary
may not assume any greater responsibility than the Secretary
is permitted under this title on September 30, 1997, except
upon agreement by the Secretary and the State.
``(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or
discharge any responsibility or obligation of the Secretary
under--
``(1) section 113 or 114; or
``(2) any Federal law other than this title (including
section 5333 of title 49).
``(e) Value Engineering Analysis.--For such projects as the
Secretary determines advisable, plans, specifications, and
estimates for proposed projects on any Federal-aid highway
shall be accompanied by a value engineering analysis or other
cost reduction analysis.''.
(b) Financial Plan.--Section 106 of such title (as amended
by subsection (a)(2)), is amended by adding at the end the
following:
``(h) Financial Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $1,000,000,000 or more shall submit to the
Secretary an annual financial plan for the project. The plan
shall be based on detailed annual estimates of the cost to
complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of
future increases in the cost to complete the project.''.
(c) Life Cycle Cost Analysis.--Section 106 of such title
(as amended by subsection (a)(2)), is amended by striking
subsection (f) and inserting the following:
``(f) Life-Cycle Cost Analysis.--
``(1) Use of life-cycle cost analysis.--The Secretary shall
develop recommendations for the States to conduct life-cycle
cost analyses. The recommendations shall be based on the
principles contained in section 2 of Executive Order No.
12893 and shall be developed in consultation with the
American Association of State Highway and Transportation
Officials. The Secretary shall not require a State to conduct
a life-cycle cost analysis for any project as a result of the
recommendations required under this subsection.
``(2) Life-cycle cost analysis defined.--In this
subsection, the term `life-cycle cost analysis' means a
process for evaluating the total economic worth of a usable
project segment by analyzing initial costs and discounted
future costs, such as maintenance, user costs,
reconstruction, rehabilitation, restoring, and resurfacing
costs, over the life of the project segment.''.
(d) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 106 and inserting the following:
``106. Project approval and oversight.''.
SEC. 1306. STANDARDS.
(a) Elimination of Guidelines and Annual Certification
Requirements.--Section 109 of title 23, United States Code,
is amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as
subsections (m) through (p), respectively.
(b) Safety standards.--Section 109 of such title (as
amended by subsection (a)), is amended by adding at the end
the following:
``(q) Phase Construction.--Safety considerations for a
project under this title may be met by phase construction
consistent with the operative safety management system
established in accordance with section 303 or in accordance
with a statewide transportation improvement program approved
by the Secretary.''.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States
Code, is amended--
(1) in the first sentence of paragraph (1) by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2)(A) by striking ``Each'' and inserting
``Subject to paragraph (3), each''; and
(3) by adding at the end the following:
``(3) Design-build contracting.--
``(A) In general.--A State transportation department or
local transportation agency may award a design-build contract
for a qualified project described in subparagraph (C) using
any procurement process permitted by applicable State and
local law.
``(B) Limitation on final design.--Final design under a
design-build contract referred to in subparagraph (A) shall
not commence before compliance with section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(C) Qualified projects.--A qualified project referred to
in subparagraph (A) is a project under this chapter for
which--
``(i) the Secretary has approved the use of design-build
contracting described in subparagraph (A) under criteria
specified in regulations issued by the Secretary; and
``(ii) the total costs are estimated to exceed--
``(I) in the case of a project that involves installation
of an intelligent transportation system, $5,000,000; and
``(II) in the case of any other project, $50,000,000.
``(D) Design-build contract defined.--In this paragraph,
the term `design-build contract' means an agreement that
provides for design and construction of a project by a
contractor, regardless of whether the agreement is in the
form of a design-build contract, a franchise agreement, or
any other form of contract approved by the Secretary.''.
(b) Inapplicability of Standardized Contract Clause
Requirement.--Section 112(e)(2) of such title is amended--
(1) by striking ``Paragraph'' and inserting the following:
``(A) State law.--Paragraph'';
(2) by adding at the end the following:
``(B) Design-build contracts.--Paragraph (1) shall not
apply to any design-build contract approved under subsection
(b)(3).''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this subsection) with
subparagraph (B) of such section (as added by paragraph (2)
of this subsection).
(c) Regulations.--
(1) In general.--Not later than the effective date
specified in subsection (e), after consultation with the
American Association of State Highway and Transportation
Officials and representatives from affected industries, the
Secretary shall issue regulations to carry out the amendments
made by this section.
(2) Contents.--The regulations shall--
(A) identify the criteria to be used by the Secretary in
approving the use by a State transportation department or
local transportation agency of design-build contracting; and
(B) establish the procedures to be followed by a State
transportation department or local transportation agency for
obtaining the Secretary's approval of the use of design-build
contracting by the department or agency.
(d) Effect on Experimental Program.--Nothing in this
section or the amendments made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning design-build contracting that
is being carried out by the Secretary as of the date of
enactment of this Act.
(e) Effective Date for Amendments.--
(1) In general.--The amendments made by this section take
effect 3 years after the date of enactment of this Act.
(2) Transition provision.--
(A) In general.--During the period before issuance of the
regulations under subsection (c), the Secretary may approve,
in accordance with an experimental program described in
subsection (d), design-build contracts to be awarded using
any process permitted by applicable State and local law;
except that final design under any such contract shall not
commence before compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(B) Previously awarded contracts.--The Secretary may
approve design-build contracts awarded before the date of
enactment of this Act.
(C) Design-build contract defined.--In this paragraph, the
term ``design-build contract'' means an agreement that
provides for design and construction of a project by a
contractor, regardless of whether the agreement is in the
form of a design-build contract, a franchise agreement, or
any other form of contract approved by the Secretary.
(f) Report to Congress.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the effectiveness of design-build contracting
procedures.
(2) Contents.--The report shall contain--
(A) an assessment of the effect of design-build contracting
on project quality, project cost, and timeliness of project
delivery;
(B) recommendations on the appropriate level of design for
design-build procurements;
(C) an assessment of the impact of design-build contracting
on small businesses;
(D) assessment of the subjectivity used in design-build
contracting; and
(E) such recommendations concerning design-build
contracting procedures as the Secretary determines to be
appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study
set forth in section 450.318 of title 23, Code of Federal
Regulations, as a separate requirement, and promulgate
regulations to integrate such requirement, as appropriate, as
part of the analyses required to be undertaken pursuant to
the planning provisions of title 23, United States Code, and
chapter 53 of title 49, United States Code, and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
Federal-aid highway and transit projects. The scope of the
applicability of such regulations shall be no broader than
the scope of such section.
SEC. 1309. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review
process for highway construction projects that require--
(A) the preparation of an environmental impact statement or
environmental assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section to
[[Page H3826]]
the preparation of an environmental assessment under such
Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental permit,
license, or approval by operation of Federal law.
(2) Memorandum of understanding.--
(A) In general.--The coordinated environmental review
process for each project shall ensure that, whenever
practicable (as specified in this section), all environmental
reviews, analyses, opinions, and any permits, licenses, or
approvals that must be issued or made by any Federal agency
for the project concerned shall be conducted concurrently and
completed within a cooperatively determined time period. Such
process for a project or class of project may be incorporated
into a memorandum of understanding between the Department of
Transportation and Federal agencies (and, where appropriate,
State agencies).
(B) Establishment of time periods.--In establishing the
time period referred to in subparagraph (A), and any time
periods for review within such period, the Department and all
such agencies shall take into account their respective
resources and statutory commitments.
(b) Elements of Coordinated Environmental Review Process.--
For each project, the coordinated environmental review
process established under this section shall provide, at a
minimum, for the following elements:
(1) Federal agency identification.--The Secretary shall, at
the earliest possible time, identify all potential Federal
agencies that--
(A) have jurisdiction by law over environmental-related
issues that may be affected by the project and the analysis
of which would be part of any environmental document required
by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
(B) may be required by Federal law to independently--
(i) conduct an environmental-related review or analysis; or
(ii) determine whether to issue a permit, license, or
approval or render an opinion on the environmental impact of
the project.
(2) Time limitations and concurrent review.--The Secretary
and the head of each Federal agency identified under
paragraph (1)--
(A)(i) shall jointly develop and establish time periods for
review for--
(I) all Federal agency comments with respect to any
environmental review documents required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the project; and
(II) all other independent Federal agency environmental
analyses, reviews, opinions, and decisions on any permits,
licenses, and approvals that must be issued or made for the
project;
whereby each such Federal agency's review shall be undertaken
and completed within such established time periods for
review; or
(ii) may enter into an agreement to establish such time
periods for review with respect to a class of project; and
(B) shall ensure, in establishing such time periods for
review, that the conduct of any such analysis, review,
opinion, and decision is undertaken concurrently with all
other environmental reviews for the project, including the
reviews required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); except that such review may
not be concurrent if the affected Federal agency can
demonstrate that such concurrent review would result in a
significant adverse impact to the environment or
substantively alter the operation of Federal law or would not
be possible without information developed as part of the
environmental review process.
(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with the
time periods established by the Council on Environmental
Quality under sections 1501.8 and 1506.10 of title 40, Code
of Federal Regulations.
(4) Extensions.--The Secretary shall extend any time
periods for review under this section if, upon good cause
shown, the Secretary and any Federal agency concerned
determine that additional time for analysis and review is
needed as a result of new information that has been
discovered that could not reasonably have been anticipated
when the Federal agency's time periods for review were
established. Any memorandum of understanding shall be
modified to incorporate any mutually agreed-upon extensions.
(c) Dispute Resolution.--When the Secretary determines that
a Federal agency which is subject to a time period for its
environmental review or analysis under this section has
failed to complete such review, analysis, opinion, or
decision on issuing any permit, license, or approval within
the established time period or within any agreed-upon
extension to such time period, the Secretary may, after
notice and consultation with such agency, close the record on
the matter before the Secretary. If the Secretary finds,
after timely compliance with this section, that an
environmental issue related to the project that an affected
Federal agency has jurisdiction over by operation of Federal
law has not been resolved, the Secretary and the head of the
Federal agency shall resolve the matter not later than 30
days after the date of the finding by the Secretary.
(d) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, a State, by operation of State law, may require
that all State agencies that have jurisdiction by State or
Federal law over environmental-related issues that may be
affected by the project, or that are required to issue any
environmental-related reviews, analyses, opinions, or
determinations on issuing any permits, licenses, or
approvals for the project, be subject to the coordinated
environmental review process established under this
section unless the Secretary determines that a State's
participation would not be in the public interest. For a
State to require State agencies to participate in the
review process, all affected agencies of the State shall
be subject to the review process.
(e) Assistance to Affected Federal Agencies.--
(1) In general.--The Secretary may approve a request by a
State to provide funds made available under chapter 1 of
title 23, United States Code, to the State for the project
subject to the coordinated environmental review process
established under this section to affected Federal agencies
to provide the resources necessary to meet any time limits
established under this section.
(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
(A) for the additional amounts that the Secretary
determines are necessary for the affected Federal agencies to
meet the time limits for environmental review; and
(B) if such time limits are less than the customary time
necessary for such review.
(f) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall affect
the reviewability of any final Federal agency action in a
district court of the United States or in the court of any
State.
(2) Savings clause.--Nothing in this section shall affect
the applicability of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental statute or affect the responsibility of any
Federal officer to comply with or enforce any such statute.
(g) Federal Agency Defined.--In this section, the term
``Federal agency'' means any Federal agency or any State
agency carrying out affected responsibilities required by
operation of Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY
FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 109 the following:
``Sec. 110. Uniform transferability of Federal-aid highway
funds
``(a) General Rule.--Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50
percent of a State's apportionment under section 104 or 144
for a fiscal year or at least 50 percent of the funds set-
aside under section 133(d) from the State's apportionment
section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such
fiscal year, then the State may transfer not to exceed 50
percent of such apportionment or set aside to any other
apportionment of such State under section 104 or 144 for such
fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last
sentence of section 133(d)(1) or to section 104(f) or to
section 133(d)(3). The maximum amount that a State may
transfer under this section of the State's set-aside under
section 133(d)(1) or 133(d)(2) for a fiscal year may not
exceed 25 percent of (1) the amount of such set-aside, less
(2) the amount of the State's set-aside under such section
for fiscal year 1997.
``(c) Application to Certain CMAQ Funds.--The maximum
amount that a State may transfer under this section of the
State's apportionment under section 104(b)(2) for a fiscal
year may not exceed 50 percent of (1) the amount of such
apportionment, less (2) the amount that the State's
apportionment under section 104(b)(2) for such fiscal year
would have been had the program been funded at
$1,350,000,000. Any such funds apportioned under section
104(b)(2) and transferred under this section may only be
obligated in geographic areas eligible for the obligation of
funds apportioned under section 104(b)(2).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by inserting after the item relating to
section 109 the following:
``110. Uniform transferability of Federal-aid highway funds.''.
Subtitle D--Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting the following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after ``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a State may,
at its discretion--
``(A) identify, through a survey, hazards to motorists,
bicyclists, pedestrians, and users of highway facilities; and
``(B) develop and implement projects and programs to
address the hazards.''; and
(D) by aligning the remainder of the text of paragraph (1)
(as designated by subparagraph (A) of this paragraph) with
paragraph (2) of such subsection (as added by subparagraph
(C) of this paragraph);
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety improvement
project, including a project described in subsection (a)'';
(3) in subsection (c) by striking ``on any public road
(other than a highway on the Interstate System).'' and
inserting the following: ``on--
``(1) any public road;
``(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail; or
[[Page H3827]]
``(3) any traffic calming measure.'';
(4) in subsection (e)--
(A) by striking ``apportioned to'' in the first sentence
and all that follows through ``shall be'' in the second
sentence; and
(B) by striking ``section 104(b)(1)'' and inserting
``section 104(b)''; and
(5) in subsections (f) and (g) by striking ``highway safety
improvement projects'' each place it appears and inserting
``safety improvement projects''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions in different road
applications, taking into consideration roadway conditions,
operating speed limits, the location of the crash cushion in
the right-of-way, and any other relevant factors. The
guidance shall include recommendations on the most
appropriate circumstances for utilization of redirective and
nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance issued
under this subsection in evaluating the safety and cost-
effectiveness of utilizing different crash cushion designs
and determining whether directive or nonredirective crash
cushions or other safety appurtenances should be installed at
specific highway locations.
(b) Traffic Flow and Safety Applications of Road
Barriers.--
(1) Study.--The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive
separation at all times between traffic, equipment, and
workers on highway construction projects. The study shall
also address how such technologies can be used to improve
capacity and safety at those specific highway, bridge, and
other appropriate locations where reversible lane,
contraflow, and high occupancy vehicle lane operations are
implemented during peak traffic periods.
(2) Uses to consider.--In conducting the study, the
Secretary shall consider, at a minimum, uses of positive
separation technologies related to--
(A) separating workers from traffic flow when work is in
progress;
(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours as
needed;
(D) mitigating congestion caused by construction by--
(i) opening all adjacent and available lanes to traffic
during peak traffic hours; or
(ii) using reversible lanes to optimize capacity of the
highway by adjusting to directional traffic flow; and
(E) permanent use of positive separation technologies to
create contraflow or reversible lanes to increase the
capacity of congested highways, bridges, and tunnels.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study. The report shall
include findings and recommendations for the use of the
technologies referred to in paragraph (2) to provide positive
separation on appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 157 and inserting the
following:
``Sec. 157. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated solely on a rail line.
``(2) Multipurpose passenger motor vehicle.--The term
`multipurpose passenger motor vehicle' means a motor vehicle
with motive power (except a trailer), designed to carry not
more than 10 individuals, that is constructed on a truck
chassis or is constructed with special features for
occasional off-road operation.
``(3) National average seat belt use rate.--The term
`national average seat belt use rate' means, in the case of
each of calendar years 1996 through 2001, the national
average seat belt use rate for that year, as determined by
the Secretary.
``(4) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger motor vehicle, motorcycle, or trailer) designed to
carry not more than 10 individuals.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
motor vehicle.
``(6) Savings to the federal government.--The term `savings
to the Federal Government' means the amount of Federal budget
savings relating to Federal medical costs (including
savings under the medicare and medicaid programs under
titles XVIII and XIX of the Social Security Act (42 U.S.C.
1395 et seq.)), as determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body passenger motor vehicle,
including a convertible, an occupant restraint system
consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
``(B) with respect to any other passenger motor vehicle, an
occupant restraint system consisting of integrated lap and
shoulder belts.
``(8) State seat belt use rate.--The term `State seat belt
use rate' means the rate of use of seat belts in passenger
motor vehicles in a State, as measured and submitted to the
Secretary--
``(A) for each of calendar years 1996 and 1997, by the
State, as weighted by the Secretary to ensure national
consistency in methods of measurement (as determined by the
Secretary); and
``(B) for each of calendar years 1998 through 2001, by the
State in a manner consistent with the criteria established by
the Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than
September 1, 1998, and September 1 of each calendar year
thereafter through September 1, 2002, the Secretary shall
determine--
``(1)(A) which States had, for each of the previous
calendar years (in this subsection referred to as the
`previous calendar year') and the year preceding the previous
calendar year, a State seat belt use rate greater than the
national average seat belt use rate for that year; and
``(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt use
rate for the previous calendar year exceeds the national
average seat belt use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the State, which shall
be equal to the highest State seat belt use rate for the
State for any calendar year during the period of 1996 through
the calendar year preceding the previous calendar year; and
``(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat belt
use rate for the previous calendar year over the base seat
belt use rate determined under subparagraph (A).
``(c) Allocations.--
``(1) States with greater than the national average seat
belt use rate.--Not later than October 1, 1998, and each
October 1 thereafter through October 1, 2002, the Secretary
shall allocate to each State described in subsection
(b)(1)(A) an amount equal to the amount determined for the
State under subsection (b)(1)(B).
``(2) Other states.--Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the
Secretary shall allocate to each State described in
subsection (b)(2) an amount equal to the amount determined
for the State under subsection (b)(2)(B).
``(d) Use of Amounts.--For each fiscal year, each State
that is allocated an amount under this section shall use the
amount for projects eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
criteria for the measurement of State seat belt use rates by
States to ensure that the measurements are accurate and
representative.
``(f) Innovative Seat Belt Project Allocations.--
``(1) In general.--The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to
States to carry out innovative projects to promote increased
seat belt use rates.
``(2) Determination of eligibility.--To be eligible to
receive an allocation under this subsection for a fiscal
year, a State shall--
``(A) develop a plan for innovative projects described in
paragraph (1); and
``(B) submit the plan to the Secretary not later than March
1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1, 1998, the
Secretary shall establish criteria for the selection of State
plans for allocations under this subsection.
``(B) Selection.--The Secretary shall select State plans
for allocations under this subsection in accordance with the
criteria established under subparagraph (A).
``(C) States.--In carrying out this paragraph, the
Secretary shall ensure, to the maximum extent practicable,
demographic and geographic diversity and a diversity of seat
belt use rates among the States selected for allocations.
``(4) Allocation.--Not later than October 1, 1999, and each
October 1 thereafter through October 1, 2002, the Secretary
shall allocate funds to the States whose plans were selected
under paragraph (3).
``(5) Amount of allocations.--Subject to the availability
of unallocated amounts under subsection (g)(3), the amount of
each allocation to a State under this subsection shall be not
less than $100,000 for each fiscal year that is covered by a
State plan.
``(6) Use of allocations.--An allocation to a State under
this subsection shall be used to carry out the innovative
seat belt projects described in the State plan for which the
allocation is awarded.
``(7) Federal share.--The Federal share of the cost of an
innovative seat belt project under this section shall be 100
percent.
``(8) Period of availability.--Amounts allocated to a State
under this subsection shall remain available for obligation
in the State for a period of 3 years after the last day of
the fiscal year for which the amounts are allocated.
``(g) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $82,000,000 for fiscal
year 1999, $92,000,000 for fiscal year 2000, $102,000,000 for
fiscal year 2001, $112,000,000 for fiscal year 2002, and
$112,000,000 for fiscal year 2003.
``(2) Proportionate adjustment.--If the total amounts to be
allocated under subsection (c) for any fiscal year would
exceed the amounts authorized for the fiscal year under
paragraph (1), the allocation to each State under subsection
(c) shall be reduced proportionately.
``(3) Use of unallocated funds.--
``(A) Fiscal year 1999.--To the extent that the amounts
made available for fiscal year 1999
[[Page H3828]]
under paragraph (1) exceed the total amounts to be allocated
under subsection (c) for fiscal year 1999, the excess
amounts--
``(i) shall be apportioned in accordance with section
104(b)(3);
``(ii) shall be considered to be sums made available for
expenditure on the surface transportation program, except
that the amounts shall not be subject to section 133(d); and
``(iii) shall be available for any purpose eligible for
funding under section 133.
``(B) Fiscal years 2000 through 2003.--To the extent that
the amounts made available for any of fiscal years 2000
through 2003 under paragraph (1) exceed the total amounts to
be allocated under subsection (c) for the fiscal year, the
excess amounts shall be used to make allocations under
subsection (f).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 157 and inserting the following:
``157. Safety incentive grants for use of seat belts.''.
(c) Savings Clause.--The amendment made by subsection (a)
shall not affect any funds apportioned or allocated before
the date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR
VEHICLES BY INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor
vehicles by intoxicated persons
``(a) General Authority.--The Secretary shall make a grant,
in accordance with this section, to any State that has
enacted and is enforcing a law that provides that any person
with a blood alcohol concentration of 0.08 percent or greater
while operating a motor vehicle in the State shall be deemed
to have committed a per se offense of driving while
intoxicated (or an equivalent per se offense).
``(b) Grants.--For each fiscal year, funds authorized to
carry out this section shall be apportioned to each State
that has enacted and is enforcing a law meeting the
requirements of subsection (a) in an amount determined by
multiplying--
``(1) the amount authorized to carry out this section for
the fiscal year; by
``(2) the ratio that the amount of funds apportioned to
each such State under section 402 for such fiscal year bears
to the total amount of funds apportioned to all such States
under section 402 for such fiscal year.
``(c) Use of Grants.--A State may obligate funds
apportioned under subsection (b) for any project eligible for
assistance under this title.
``(d) Federal Share.--The Federal share of the cost of a
project funded under this section shall be 100 percent.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $55,000,000 for fiscal
year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for
fiscal year 2000, $90,000,000 for fiscal year 2001,
$100,000,000 for fiscal year 2002, and $110,000,000 for
fiscal year 2003.
``(2) Availability of funds.--Notwithstanding section
118(b)(2), the funds authorized by this subsection shall
remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
Subtitle E--Finance
CHAPTER 1--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE.
This chapter may be cited as the ``Transportation
Infrastructure Finance and Innovation Act of 1998''.
SEC. 1502. FINDINGS.
Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) traditional public funding techniques such as grant
programs are unable to keep pace with the infrastructure
investment needs of the United States because of budgetary
constraints at the Federal, State, and local levels of
government;
(3) major transportation infrastructure facilities that
address critical national needs, such as intermodal
facilities, border crossings, and multistate trade corridors,
are of a scale that exceeds the capacity of Federal and State
assistance programs in effect on the date of enactment of
this Act;
(4) new investment capital can be attracted to
infrastructure projects that are capable of generating their
own revenue streams through user charges or other dedicated
funding sources; and
(5) a Federal credit program for projects of national
significance can complement existing funding resources by
filling market gaps, thereby leveraging substantial private
co-investment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``Sec. 181. Definitions
``In this subchapter, the following definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a
project, including the cost of--
``(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
related to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this subchapter
with respect to a project.
``(3) Investment-grade rating.--The term `investment-grade
rating' means a rating category of BBB minus, Baa3, or higher
assigned by a rating agency to project obligations offered
into the capital markets.
``(4) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
``(5) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 184 to provide a direct loan at a future date upon
the occurrence of certain events.
``(6) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of and interest on a loan or other debt
obligation issued by an obligor and funded by a lender.
``(7) Local servicer.--The term `local servicer' means--
``(A) a State infrastructure bank established under this
title; or
``(B) a State or local government or any agency of a State
or local government that is responsible for servicing a
Federal credit instrument on behalf of the Secretary.
``(8) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a
Federal credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
``(9) Project.--The term `project' means--
``(A) any surface transportation project eligible for
Federal assistance under this title or chapter 53 of title
49;
``(B) a project for an international bridge or tunnel for
which an international entity authorized under Federal or
State law is responsible.
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and vehicles
owned by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems; and
``(D) a project for publicly owned intermodal surface
freight transfer facilities, other than seaports and
airports, if the facilities are located on or adjacent to
National Highway System routes or connections to the National
Highway System.
``(10) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
``(11) Rating agency.--The term `rating agency' means a
bond rating agency identified by the Securities and Exchange
Commission as a Nationally Recognized Statistical Rating
Organization.
``(12) Secured loan.--The term `secured loan' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 183.
``(13) State.--The term `State' has the meaning given the
term in section 101.
``(14) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
provisions of the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.).
``(15) Substantial completion.--The term `substantial
completion' means the opening of a project to vehicular or
passenger traffic.
``Sec. 182. Determination of eligibility and project
selection
``(a) Eligibility.--To be eligible to receive financial
assistance under this subchapter, a project shall meet the
following criteria:
``(1) Inclusion in transportation plans and programs.--The
project--
``(A) shall be included in the State transportation plan
required under section 135; and
``(B) at such time as an agreement to make available a
Federal credit instrument is entered into under this
subchapter, shall be included in the approved State
transportation improvement program required under section
134.
[[Page H3829]]
``(2) Application.--A State, a local servicer identified
under section 185(a), or the entity undertaking the project
shall submit a project application to the Secretary.
``(3) Eligible project costs.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under this subchapter, a
project shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i) $100,000,000; or
``(ii) 50 percent of the amount of Federal highway
assistance funds apportioned for the most recently completed
fiscal year to the State in which the project is located.
``(B) Intelligent transportation system projects.--In the
case of a project principally involving the installation of
an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$30,000,000.
``(4) Dedicated revenue sources.--Project financing shall
be repayable, in whole or in part, from tolls, user fees, or
other dedicated revenue sources.
``(5) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a
State or local government or an agency or instrumentality of
a State or local government, the project that the entity is
undertaking shall be publicly sponsored as provided in
paragraphs (1) and (2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility criteria specified in subsection (a).
``(2) Selection criteria.--
``(A) In general.--The selection criteria shall include the
following:
``(i) The extent to which the project is nationally or
regionally significant, in terms of generating economic
benefits, supporting international commerce, or otherwise
enhancing the national transportation system.
``(ii) The creditworthiness of the project, including a
determination by the Secretary that any financing for the
project has appropriate security features, such as a rate
covenant, to ensure repayment.
``(iii) The extent to which assistance under this
subchapter would foster innovative public-private
partnerships and attract private debt or equity investment.
``(iv) The likelihood that assistance under this subchapter
would enable the project to proceed at an earlier date than
the project would otherwise be able to proceed.
``(v) The extent to which the project uses new
technologies, including intelligent transportation systems,
that enhance the efficiency of the project.
``(vi) The amount of budget authority required to fund the
Federal credit instrument made available under this
subchapter.
``(vii) The extent to which the project helps maintain or
protect the environment.
``(viii) The extent to which assistance under this chapter
would reduce the contribution of Federal grant assistance to
the project.
``(B) Preliminary rating opinion letter.--For purposes of
subparagraph (A)(ii), the Secretary shall require each
project applicant to provide a preliminary rating opinion
letter from at least 1 rating agency indicating that the
project's senior obligations have the potential to achieve an
investment-grade rating.
``(c) Federal Requirements.--In addition to the
requirements of this title for highway projects, chapter 53
of title 49 for transit projects, and section 5333(a) of
title 49 for rail projects, the following provisions of law
shall apply to funds made available under this subchapter and
projects assisted with the funds:
``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``Sec. 183. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which shall
be used--
``(A) to finance eligible project costs; or
``(B) to refinance interim construction financing of
eligible project costs;
of any project selected under section 182.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 182(b)(2)(B), shall determine an appropriate
capital reserve subsidy amount for each secured loan, taking
into account such letter.
``(4) Investment-grade rating requirement.--The funding of
a secured loan under this section shall be contingent on the
project's senior obligations receiving an investment-grade
rating, except that--
``(A) the Secretary may fund an amount of the secured loan
not to exceed the capital reserve subsidy amount determined
under paragraph (3) prior to the obligations receiving an
investment-grade rating; and
``(B) the Secretary may fund the remaining portion of the
secured loan only after the obligations have received an
investment-grade rating by at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amount.--The amount of the secured loan shall
not exceed 33 percent of the reasonably anticipated eligible
project costs.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(4) Interest rate.--The interest rate on the secured loan
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of
the secured loan on the date of execution of the loan
agreement.
``(5) Maturity date.--The final maturity date of the
secured loan shall be not later than 35 years after the date
of substantial completion of the project.
``(6) Nonsubordination.--The secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this
section.
``(8) Non-federal share.--The proceeds of a secured loan
under this subchapter may be used for any non-Federal share
of project costs required under this title or chapter 53 of
title 49, if the loan is repayable from non-Federal funds.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other
repayment sources.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``(4) Deferred payments.--
``(A) Authorization.--If, at any time during the 10 years
after the date of substantial completion of the project, the
project is unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on the
secured loan, the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and interest to the
outstanding balance of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan beginning not later than 10 years after the date
of substantial completion of the project in accordance with
paragraph (1).
``(C) Criteria.--
``(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the project meeting criteria
established by the Secretary.
``(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
``(5) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and
after notifying the obligor, the Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Secretary determines that the
sale or reoffering can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured
loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary.
``Sec. 184. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
lines of credit to 1 or more obligors in the form of direct
loans to be
[[Page H3830]]
made by the Secretary at future dates on the occurrence of
certain events for any project selected under section 182.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance
eligible project costs, extraordinary repair and replacement
costs, operation and maintenance expenses, and costs
associated with unexpected Federal or State environmental
restrictions.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 182(b)(2)(B), shall determine an appropriate
capital reserve subsidy amount for each line of credit,
taking into account such letter.
``(4) Investment-grade rating requirement.--The funding of
a line of credit under this section shall be contingent on
the project's senior obligations receiving an investment-
grade rating from at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amounts.--
``(A) Total amount.--The total amount of the line of credit
shall not exceed 33 percent of the reasonably anticipated
eligible project costs.
``(B) 1-year draws.--The amount drawn in any 1 year shall
not exceed 20 percent of the total amount of the line of
credit.
``(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized interest,
any debt service reserve fund, and any other available
reserve) are insufficient to pay the costs specified in
subsection (a)(2).
``(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is
obligated.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of
substantial completion of the project and ending not later
than 10 years after that date.
``(7) Rights of third party creditors.--
``(A) Against federal government.--A third party creditor
of the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
``(B) Assignment.--An obligor may assign the line of credit
to 1 or more lenders or to a trustee on the lenders' behalf.
``(8) Nonsubordination.--A direct loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency,
or liquidation of the obligor.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall
not receive a secured loan or loan guarantee under section
183 of an amount that, combined with the amount of the line
of credit, exceeds 33 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on the projected cash flow from project
revenues and other repayment sources.
``(2) Timing.--All scheduled repayments of principal or
interest on a direct loan under this section shall commence
not later than 5 years after the end of the period of
availability specified in subsection (b)(6) and be fully
repaid, with interest, by the date that is 25 years after the
end of the period of availability specified in subsection
(b)(6).
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``Sec. 185. Project servicing
``(a) Requirement.--The State in which a project that
receives financial assistance under this subchapter is
located may identify a local servicer to assist the Secretary
in servicing the Federal credit instrument made available
under this subchapter.
``(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
``(1) shall act as the agent for the Secretary; and
``(2) may receive a servicing fee, subject to approval by
the Secretary.
``(c) Liability.--A local servicer identified under
subsection (a) shall not be liable for the obligations of the
obligor to the Secretary or any lender.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms in the field of municipal
and project finance to assist in the underwriting and
servicing of Federal credit instruments.
``Sec. 186. State and local permits
``The provision of financial assistance under this
subchapter with respect to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the project.
``Sec. 187. Regulations
``The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this subchapter.
``Sec. 188. Funding
``(a) Funding.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter--
``(A) $80,000,000 for fiscal year 1999;
``(B) $90,000,000 for fiscal year 2000;
``(C) $110,000,000 for fiscal year 2001;
``(D) $120,000,000 for fiscal year 2002; and
``(E) $130,000,000 for fiscal year 2003.
``(2) Administrative costs.--From funds made available
under paragraph (1), the Secretary may use, for the
administration of this subchapter, not more than $2,000,000
for each of fiscal years 1998 through 2003.
``(3) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.
``(c) Limitations on Credit Amounts.--For each of fiscal
years 1998 through 2003, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
Maximum amount
``Fiscal year: of credit:
1998..................................................$1,200,000,000
1999..................................................$1,200,000,000
2000..................................................$1,800,000,000
2001..................................................$1,800,000,000
2002..................................................$2,300,000,000
2003..................................................$2,300,000,000.
``Sec. 189. Report to Congress
``Not later than 4 years after the date of enactment of
this subchapter, the Secretary shall submit to Congress a
report summarizing the financial performance of the projects
that are receiving, or have received, assistance under this
subchapter, including a recommendation as to whether the
objectives of this subchapter are best served--
``(1) by continuing the program under the authority of the
Secretary;
``(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the program; or
``(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments
assisted by this subchapter without Federal participation.''.
(b) Conforming Amendments.--Chapter 1 of title 23, United
States Code, is amended--
(1) in the analysis--
(A) by inserting before ``Sec.'' the following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
and
(B) by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Report to Congress.'';
and
(2) by inserting before section 101 the following:
``SUBCHAPTER I--GENERAL PROVISIONS''.
SEC. 1504. DUTIES OF THE SECRETARY.
Section 301 of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) develop and coordinate Federal policy on financing
transportation infrastructure, including the provision of
direct Federal credit assistance and other techniques used to
leverage Federal transportation funds.''.
CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGRAM
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Other assistance.--The term ``other assistance''
includes any use of funds in an infrastructure bank--
(A) to provide credit enhancements;
[[Page H3831]]
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and credit
instruments;
(E) to finance purchase and lease agreements with respect
to transit projects;
(F) to provide bond or debt financing instrument security;
and
(G) to provide other forms of debt financing and methods of
leveraging funds that are approved by the Secretary and that
relate to the project with respect to which the assistance is
being provided.
(2) State.--The term ``State'' has the meaning given the
term under section 401 of title 23, United States Code.
(b) Cooperative Agreements.--
(1) In general.--
(A) Purpose of agreements.--Subject to this section, the
Secretary may enter into cooperative agreements with the
States of California, Florida, Missouri, and Rhode Island for
the establishment of State infrastructure banks and
multistate infrastructure banks for making loans and
providing other assistance to public and private entities
carrying out or proposing to carry out projects eligible for
assistance under this section.
(B) Contents of agreements.--Each cooperative agreement
shall specify procedures and guidelines for establishing,
operating, and providing assistance from the infrastructure
bank.
(2) Interstate compacts.--If 2 or more States enter into a
cooperative agreement under paragraph (1) with the Secretary
for the establishment of a multistate infrastructure bank,
Congress grants consent to those States to enter into an
interstate compact establishing the bank in accordance with
this section.
(c) Funding.--
(1) Contribution.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (h)(1), a
State that enters into a cooperative agreement under this
section to contribute to the infrastructure bank established
by the State not to exceed--
(A)(i) the total amount of funds apportioned to the State
under each of paragraphs (1), (3), and (4) of section 104(b)
and section 144 of title 23, United States Code, excluding
funds set aside under paragraphs (1) and (2) of section
133(d) of such title; and
(ii) the total amount of funds allocated to the State under
section 105 of such title;
(B) the total amount of funds made available to the State
or other Federal transit grant recipient for capital projects
(as defined in section 5302 of title 49, United States Code)
under sections 5307, 5309, and 5311 of such title; and
(C) the total amount of funds made available to the State
under subtitle V of title 49, United States Code.
(2) Capitalization grant.--For the purposes of this
section, Federal funds contributed to the infrastructure bank
under this subsection shall constitute a capitalization grant
for the infrastructure bank.
(3) Special rule for urbanized areas of over 200,000.--
Funds that are apportioned or allocated to a State under
section 104(b)(3) of title 23, United States Code, and
attributed to urbanized areas of a State with a population of
over 200,000 individuals under section 133(d)(2) of such
title may be used to provide assistance from an
infrastructure bank under this section with respect to a
project only if the metropolitan planning organization
designated for the area concurs, in writing, with the
provision of the assistance.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans or provide other assistance to a
public or private entity in an amount equal to all or part of
the cost of carrying out a project eligible for assistance
under this section.
(2) Subordination of loans.--The amount of any loan or
other assistance provided for the project may be subordinated
to any other debt financing for the project.
(3) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds contributed to an
infrastructure bank under this section shall not be made in
the form of a grant.
(e) Qualifying Projects.--
(1) In general.--Subject to paragraph (2), funds in an
infrastructure bank established under this section may be
used only to provide assistance with respect to projects
eligible for assistance under title 23, United States
Code, for capital projects (as defined in section 5302 of
title 49, United States Code), or for any other project
related to surface transportation that the Secretary
determines to be appropriate.
(2) Interstate funds.--Funds contributed to an
infrastructure bank from funds apportioned to a State under
section 104(b)(4) of title 23, United States Code, may be
used only to provide assistance with respect to projects
eligible for assistance under such paragraph.
(3) Rail program funds.--Funds contributed to an
infrastructure bank from funds made available to a State
under subtitle V of title 49 United States Code, shall be
used in a manner consistent with any project description
specified under the law making the funds available to the
State.
(f) Infrastructure Bank Requirements.--
(1) In general.--Subject to paragraph (2), in order to
establish an infrastructure bank under this section, each
State establishing such a bank shall--
(A) contribute, at a minimum, to the bank from non-Federal
sources an amount equal to 25 percent of the amount of each
capitalization grant made to the State and contributed to the
bank under subsection (c), except that if the State has a
higher Federal share payable under section 120(b) of title
23, United States Code, the State shall be required to
contribute only an amount commensurate with the higher
Federal share;
(B) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances and its ability
to pay claims under credit enhancement programs of the bank;
(C) ensure that investment income generated by funds
contributed to the bank will be--
(i) credited to the bank;
(ii) available for use in providing loans and other
assistance to projects eligible for assistance from the bank;
and
(iii) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may approve to earn interest to enhance the
leveraging of projects assisted by the bank;
(D) ensure that any loan from the bank will bear interest
at or below market rates, as determined by the State, to make
the project that is the subject of the loan feasible;
(E) ensure that repayment of the loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility
has opened to traffic, whichever is later;
(F) ensure that the term for repaying any loan will not
exceed the lesser of--
(i) 35 years after the date of the first payment on the
loan under subparagraph (E); or
(ii) the useful life of the investment; and
(G) require the bank to make a biennial report to the
Secretary and to make such other reports as the Secretary may
require in guidelines.
(2) Waivers by the secretary.--The Secretary may waive a
requirement of any of subparagraphs (C) through (G) of
paragraph (1) with respect to an infrastructure bank if the
Secretary determines that the waiver is consistent with the
objectives of this section.
(g) Limitation on Repayments.--Notwithstanding any other
provision of law, the repayment of a loan or other assistance
provided from an infrastructure bank under this section may
not be credited toward the non-Federal share of the cost of
any project.
(h) Secretarial Requirements.--In administering this
section, the Secretary shall--
(1) ensure that Federal disbursements shall be at an annual
rate of not more than 20 percent of the amount designated by
the State for State infrastructure bank capitalization under
subsection (c)(1), except that the Secretary may disburse
funds to a State in an amount needed to finance a specific
project; and
(2) revise cooperative agreements entered into with States
under section 350 of the National Highway System Designation
Act of 1995 (Public Law 104-59) to comply with this section.
(i) Applicability of Federal Law.--
(1) In general.--The requirements of titles 23 and 49,
United States Code, that would otherwise apply to funds made
available under such title and projects assisted with those
funds shall apply to--
(A) funds made available under such title and contributed
to an infrastructure bank established under this section,
including the non-Federal contribution required under
subsection (f); and
(B) projects assisted by the bank through the use of the
funds;
except to the extent that the Secretary determines that any
requirement of such title (other than sections 113 and 114 of
title 23 and section 5333 of title 49), is not consistent
with the objectives of this section.
(2) Repayments.--The requirements of titles 23 and 49,
United States Code, shall apply to repayments from non-
Federal sources to an infrastructure bank from projects
assisted by the bank. Such a repayment shall be considered to
be Federal funds.
(j) United States Not Obligated.--
(1) In general.--The contribution of Federal funds to an
infrastructure bank established under this section shall not
be construed as a commitment, guarantee, or obligation on the
part of the United States to any third party. No third party
shall have any right against the United States for payment
solely by virtue of the contribution.
(2) Statement.--Any security or debt financing instrument
issued by the infrastructure bank shall expressly state that
the security or instrument does not constitute a commitment,
guarantee, or obligation of the United States.
(k) Management of Federal Funds.--Sections 3335 and 6503 of
title 31, United States Code, shall not apply to funds
contributed under this section.
(l) Program Administration.--
(1) In general.--A State may expend not to exceed 2 percent
of the Federal funds contributed to an infrastructure bank
established by the State under this section to pay the
reasonable costs of administering the bank.
(2) Non-federal funds.--The limitation described in
paragraph (1) shall not apply to non-Federal funds.
Subtitle F--High Priority Projects
SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 117 and inserting the
following:
``Sec. 117. High priority projects program
``(a) Authorization of High Priority Projects.--The
Secretary is authorized to carry out high priority projects
with funds made available to carry out the high priority
projects program under this section. Of amounts made
available to carry out this section, the Secretary, subject
to subsection (b), shall make available to carry out each
project described in section 1602 of the Transportation
Equity Act for the 21st Century the amount listed for such
project in such section. Any amounts made available to carry
out such program that are not allocated for projects
described in such section
[[Page H3832]]
shall be available to the Secretary, subject to subsection
(b), to carry out such other high priority projects as the
Secretary determines appropriate.
``(b) Allocation Percentages.--For each project to be
carried out with funds made available to carry out the high
priority projects program under this section--
``(1) 11 percent of such amount shall be available for
obligation beginning in fiscal year 1998;
``(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
``(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
``(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
``(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
``(6) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2003.
``(c) Federal Share.--The Federal share payable on account
of any project carried out with funds made available to carry
out this section shall be 80 percent of the total cost
thereof.
``(d) Delegation to States.--Subject to the provisions of
this title, the Secretary shall delegate responsibility for
carrying out a project or projects, with funds made available
to carry out this section, to the State in which such project
or projects are located upon request of such State.
``(e) Advance Construction.--When a State which has been
delegated responsibility for a project under this section--
``(1) has obligated all funds allocated under this section
and section 1602 of the Transportation Equity Act for the
21st Century for such project; and
``(2) proceeds to construct such project without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such project, except insofar as
such procedures and requirements limit the State to the
construction of projects with the aid of Federal funds
previously allocated to it;
the Secretary, upon the approval of the application of a
State, shall pay to the State the Federal share of the cost
of construction of the project when additional funds are
allocated for such project under this section and section
1602 of the Transportation Equity Act for the 21st Century.
``(f) Period of Availability.--Funds made available to
carry out this section shall remain available until expended.
``(g) Availability of Obligation Limitation.--Obligation
authority attributable to funds made available to carry out
this section shall only be available for the purposes of this
section and shall remain available until obligated pursuant
to section 1102(g) of the Transportation Equity Act for the
21st Century.
``(h) Treatment.--Funds allocated to a State in accordance
with this section shall be treated as amounts in addition to
the amounts a State is apportioned under sections 104, 105,
and 144 for programmatic purposes.''.
(b) Purpose of Projects.--Section 145 of such title is
amended--
(1) by inserting ``(a) Protection of State Sovereignty.--''
before ``The authorization''; and
(2) by adding at the end the following:
``(b) Purpose of Projects.--The projects described in
section 1602 of the Transportation Equity Act for the 21st
Century, sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027 et
seq.), and section 149(a) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et
seq.) are intended to establish eligibility for Federal-aid
highway funds made available for such projects by section
section 1101(a)(13) of the Transportation Equity Act for the
21st Century, 117 of title 23, United States Code, sections
1103 through 1108 of Intermodal Surface Transportation
Efficiency Act of 1991, and subsections (b), (c), and (d) of
section 149 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987, respectively, and are not
intended to define the scope or limits of Federal action in a
manner inconsistent with subsection (a).''.
(c) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 117 and inserting the following:
``117. High priority projects program.''.
SEC. 1602. PROJECT AUTHORIZATIONS.
Subject to section 117 of title 23, United States Code, the
amount listed for each high priority project in the following
table shall be available (from amounts made available by
section 1101(a)(13) of the Transportation Equity Act for the
21st Century) for fiscal years 1998 through 2003 to carry out
each such project:
------------------------------------------------------------------------
[Dollars in
No. State Project description Millions]
------------------------------------------------------------------------
1. Georgia I-75 advanced
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
[[Page H3833]]
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
[[Page H3834]]
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
[[Page H3835]]
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
101in 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
Pedestrain 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
[[Page H3836]]
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 the
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
[[Page H3837]]
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
Roue 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
Halifex 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, Monerey 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
[[Page H3838]]
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 Buazovia
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 Popular 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 Alleghany. 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
[[Page H3839]]
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,
Medord 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
[[Page H3840]]
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 Consrtuct Route29/129
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 McNariy
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, Beford,
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
[[Page H3841]]
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
[[Page H3842]]
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 Rahabilitate 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 LaGrange...... 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
[[Continued on page H3843]]
[Congressional Record: May 22, 1998 (House)]
[Page H3843-H3893]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22my98-160]
[[pp. H3843-H3893]] CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY
ACT FOR THE 21ST
CENTURY
[[Continued from page H3842]]
[[Page H3843]]
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
[[Page H3844]]
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 Effinghaus
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 Dekalb........ 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
[[Page H3845]]
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,
Camen................. 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 Dekalb
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
[[Page H3846]]
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 1from 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
LaPorte 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 Sta 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,
DeKalb Cty............ 0.35
1543. Georgia Widen US 84 South from
US 82 to Ware Cte 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 DeKalb 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 DesMoines 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 DesMoines
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
[[Page H3847]]
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
Ownsboro 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
Bernadino 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
Salamanica (Rte 13 to
Rte 17)............... 20
1678. New York Design/construct
upgraded interchange
between I-84 and I-87
nr Stuart 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
[[Page H3848]]
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
Cinncinnati........... 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
[[Page H3849]]
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 Reconsruct 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.--
[[Page H3850]]
(1) In general.--Section 403(b) of such title is amended by
adding at the end the following:
``(3) Measures that may deter drugged driving.
``(4) Programs to train law enforcement officers on motor
vehicle pursuits conducted by the officers.''.
(2) Reports of federal policies and procedures.--Not later
than 180 days after the date of enactment of this Act, the
Attorney General, the Secretary of Agriculture, the Secretary
of the Interior, the Secretary of the Treasury, the Chief of
Capitol Police, and the Administrator of General Services
shall each transmit to Congress a report containing--
(A) the policy of the department or agency headed by that
individual concerning motor vehicle pursuits by law
enforcement officers of that department or agency; and
(B) a description of the procedures that the department or
agency uses to train law enforcement officers in the
implementation of the policy referred to in subparagraph (A).
SEC. 2003. OCCUPANT PROTECTION.
(a) Occupant Protection Incentive Grants.--
(1) In general.--Chapter 4 of title 23, United States Code,
is amended by inserting after section 404 the following:
``Sec. 405. Occupant protection incentive grants
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make grants
under this section to States that adopt and implement
effective programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles. Such grants may be used by
recipient States only to implement and enforce, as
appropriate, such programs.
``(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for
programs described in paragraph (1) at or above the average
level of such expenditures in its 2 fiscal years preceding
the date of enactment of the Transportation Equity Act for
the 21st Century.
``(3) Maximum period of eligibility.--No State may receive
grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
``(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year
a program adopted by a State pursuant to paragraph (1) shall
not exceed--
``(A) in each of the first and second fiscal years in which
the State receives a grant under this section, 75 percent;
``(B) in each of the third and fourth fiscal years in which
the State receives a grant under this section, 50 percent;
and
``(C) in each of the fifth and sixth fiscal years in which
the State receives a grant under this section, 25 percent.
``(b) Grant Eligibility.--A State shall become eligible for
a grant under this section by adopting or demonstrating to
the satisfaction of the Secretary at least 4 of the
following:
``(1) Safety belt use law.--The State has in effect a
safety belt use law that makes unlawful throughout the State
the operation of a passenger motor vehicle whenever an
individual (other than a child who is secured in a child
restraint system) in the front seat of the vehicle (and,
beginning in fiscal year 2001, in any seat in the vehicle)
does not have a safety belt properly secured about the
individual's body.
``(2) Primary safety belt use law.--The State provides for
primary enforcement of the safety belt use law of the State.
``(3) Minimum fine or penalty points.--The State imposes a
minimum fine or provides for the imposition of penalty points
against the driver's license of an individual--
``(A) for a violation of the safety belt use law of the
State; and
``(B) for a violation of the child passenger protection law
of the State.
``(4) Special traffic enforcement program.--The State has
implemented a statewide special traffic enforcement program
for occupant protection that emphasizes publicity for the
program.
``(5) Child passenger protection education program.--The
State has implemented a statewide comprehensive child
passenger protection education program that includes
education programs about proper seating positions for
children in air bag equipped motor vehicles and instruction
on how to reduce the improper use of child restraint systems.
``(6) Child passenger protection law.--The State has in
effect a law that requires minors who are riding in a
passenger motor vehicle to be properly secured in a child
safety seat or other appropriate restraint system.
``(c) Grant Amounts.--The amount of a grant for which a
State qualifies under this section for a fiscal year shall
equal up to 25 percent of the amount apportioned to the State
for fiscal year 1997 under section 402.
``(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(e) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Child safety seat.--The term `child safety seat'
means any device (except safety belts) designed for use in a
motor vehicle to restrain, seat, or position a child who
weighs 50 pounds or less.
``(2) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail line.
``(3) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle with
motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed either on a truck
chassis or with special features for occasional off-road
operation.
``(4) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
motor vehicle.
``(6) Safety belt.--The term `safety belt' means--
``(A) with respect to open-body passenger vehicles,
including convertibles, an occupant restraint system
consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
``(B) with respect to other passenger vehicles, an occupant
restraint system consisting of integrated lap and shoulder
belts.''.
(2) Conforming amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 404
the following:
``405. Occupant protection incentive grants.''.
(b) Child Passenger Protection Education Grants.--
(1) In general.--The Secretary may make a grant to a State
that submits an application, in such form and manner as the
Secretary may prescribe, that is approved by the Secretary to
carry out the activities specified in paragraph (2) through--
(A) the child passenger protection program of the State;
and
(B) at the option of the State, a grant program established
by the State to carry out 1 or more of the activities
specified in paragraph (2) by a political subdivision of the
State or an appropriate private entity.
(2) Use of funds.--Funds provided to a State as a grant
under this subsection shall be used to implement child
passenger protection programs that--
(A) are designed to prevent deaths and injuries to
children;
(B) educate the public concerning--
(i) all aspects of the proper installation of child
restraints using standard seatbelt hardware, supplemental
hardware, and modification devices (if needed), including
special installation techniques;
(ii) appropriate child restraint design, selection, and
placement; and
(iii) harness threading and harness adjustment on child
restraints; and
(C) train and retrain child passenger safety professionals,
police officers, fire and emergency medical personnel, and
other educators concerning all aspects of child restraint
use.
(3) Grant awards.--The Secretary may make a grant under
this subsection without regard to whether a State is eligible
to receive, or has received, a grant under section 405 of
title 23, United States Code (as inserted by subsection (a)
of this section).
(4) Federal share.--The Federal share of the cost of a
program carried out using funds made available from a grant
under this subsection may not exceed 80 percent.
(5) Report.--Each State that receives a grant under this
subsection shall transmit to the Secretary a report for the
period covered by the grant that, at a minimum, describes the
program activities carried out with the funds made available
under the grant.
(6) Report to congress.--Not later than June 1, 2002, the
Secretary shall transmit to Congress a report on the
implementation of this subsection that includes a description
of the programs carried out and materials developed and
distributed by the States that receive grants under this
subsection.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $7,500,000
for each of fiscal years 2000 and 2001.
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) In General.--Section 410 of title 23, United States
Code, is amended to read as follows:
``Sec. 410. Alcohol-impaired driving countermeasures
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make grants
to States that adopt and implement effective programs to
reduce traffic safety problems resulting from individuals
driving while under the influence of alcohol. Such grants may
only be used by recipient States to implement and enforce
such programs.
``(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for alcohol
traffic safety programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of
enactment of the Transportation Equity Act for the 21st
Century.
``(3) Maximum Period of Eligibility.--No State may receive
grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
``(4) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program adopted
by a State pursuant to paragraph (1) shall not exceed--
[[Page H3851]]
``(A) in each of the first and second fiscal years in which
the State receives a grant under this section, 75 percent;
``(B) in each of the third and fourth fiscal years in which
the State receives a grant under this section, 50 percent;
and
``(C) in each of the fifth and sixth fiscal years in which
the State receives a grant under this section, 25 percent.
``(b) Basic Grant Eligibility.--
``(1) Basic grant a.--A State shall become eligible for a
grant under this paragraph by adopting or demonstrating to
the satisfaction of the Secretary at least 5 of the
following:
``(A) Administrative license revocation.--An administrative
driver's license suspension or revocation system for
individuals who operate motor vehicles while under the
influence of alcohol that requires that--
``(i) in the case of an individual who, in any 5-year
period beginning after the date of enactment of the
Transportation Equity Act for the 21st Century, is determined
on the basis of a chemical test to have been operating a
motor vehicle while under the influence of alcohol or is
determined to have refused to submit to such a test as
proposed by a law enforcement officer, the State agency
responsible for administering drivers' licenses, upon receipt
of the report of the law enforcement officer--
``(I) shall suspend the driver's license of such individual
for a period of not less than 90 days if such individual is a
first offender in such 5-year period; and
``(II) shall suspend the driver's license of such
individual for a period of not less than 1 year, or revoke
such license, if such individual is a repeat offender in such
5-year period; and
``(ii) the suspension and revocation referred to under
clause (i) shall take effect not later than 30 days after the
day on which the individual refused to submit to a chemical
test or received notice of having been determined to be
driving under the influence of alcohol, in accordance with
the procedures of the State.
``(B) Underage drinking program.--An effective system, as
determined by the Secretary, for preventing operators of
motor vehicles under age 21 from obtaining alcoholic
beverages and for preventing persons from making alcoholic
beverages available to individuals under age 21. Such system
may include the issuance of drivers' licenses to individuals
under age 21 that are easily distinguishable in appearance
from drivers' licenses issued to individuals age 21 or older
and the issuance of drivers' licenses that are tamper
resistant.
``(C) Enforcement program.--Either--
``(i) a statewide program for stopping motor vehicles on a
nondiscriminatory, lawful basis for the purpose of
determining whether the operators of such motor vehicles are
driving while under the influence of alcohol; or
``(ii) a statewide special traffic enforcement program for
impaired driving that emphasizes publicity for the program.
``(D) Graduated licensing system.--A 3-stage graduated
licensing system for young drivers that includes nighttime
driving restrictions during the first 2 stages, requires all
vehicle occupants to be properly restrained, and makes it
unlawful for a person under age 21 to operate a motor vehicle
with a blood alcohol concentration of .02 percent or greater.
``(E) Drivers with high bac.--Programs to target
individuals with high blood alcohol concentrations who
operate a motor vehicle. Such programs may include
implementation of a system of graduated penalties and
assessment of individuals convicted of driving under the
influence of alcohol.
``(F) Young adult drinking programs.--Programs to reduce
driving while under the influence of alcohol by individuals
age 21 through 34. Such programs may include awareness
campaigns; traffic safety partnerships with employers,
colleges, and the hospitality industry; assessments of first
time offenders; and incorporation of treatment into judicial
sentencing.
``(G) Testing for bac.--An effective system for increasing
the rate of testing of the blood alcohol concentrations of
motor vehicle drivers involved in fatal accidents and, in
fiscal year 2001 and each fiscal year thereafter, a rate of
such testing that is equal to or greater than the national
average.
``(2) Basic grant b.--A State shall become eligible for a
grant under this paragraph by adopting or demonstrating to
the satisfaction of the Secretary each of the following:
``(A) Fatal impaired driver percentage reduction.--The
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration in the State has
decreased in each of the 3 most recent calendar years for
which statistics for determining such percentages are
available.
``(B) Fatal impaired driver percentage comparison.--The
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration in the State has been
lower than the average percentage for all States in each of
the calendar years referred to in subparagraph (A).
``(3) Basic grant amount.--The amount of a basic grant made
to a State for a fiscal year under this subsection shall
equal up to 25 percent of the amount apportioned to the State
for fiscal year 1997 under section 402.
``(c) Supplemental Grants.--
``(1) In general.--Upon receiving an application from a
State, the Secretary may make supplemental grants to the
State for meeting 1 or more of the following criteria:
``(A) Video equipment for detection of drunk drivers.--The
State provides for a program to acquire video equipment to be
used in detecting persons who operate motor vehicles while
under the influence of alcohol and in prosecuting those
persons, and to train personnel in the use of that equipment.
``(B) Self-sustaining drunk driving prevention program.--
The State provides for a self-sustaining drunk driving
prevention program under which a significant portion of the
fines or surcharges collected from individuals apprehended
and fined for operating a motor vehicle while under the
influence of alcohol are returned to those communities
which have comprehensive programs for the prevention of
such operations of motor vehicles.
``(C) Reducing driving with a suspended license.--The State
enacts and enforces a law to reduce driving with a suspended
license. Such law, as determined by the Secretary, may
require a `zebra' stripe that is clearly visible on the
license plate of any motor vehicle owned and operated by a
driver with a suspended license.
``(D) Use of passive alcohol sensors.--The State provides
for a program to acquire passive alcohol sensors to be used
by police officers in detecting persons who operate motor
vehicles while under the influence of alcohol, and to train
police officers in the use of that equipment.
``(E) Effective dwi tracking system.--The State
demonstrates an effective driving while intoxicated (DWI)
tracking system. Such a system, as determined by the
Secretary, may include data covering arrests, case
prosecutions, court dispositions and sanctions, and provide
for the linkage of such data and traffic records systems to
appropriate jurisdictions and offices within the State.
``(F) Other programs.--The State provides for other
innovative programs to reduce traffic safety problems
resulting from individuals driving while under the influence
of alcohol or controlled substances, including programs that
seek to achieve such a reduction through legal, judicial,
enforcement, educational, technological, or other approaches.
``(2) Eligibility.--A State shall be eligible to receive a
grant under this subsection in a fiscal year only if the
State is eligible to receive a grant under subsection (b) in
such fiscal year.
``(3) Funding.--Of the amounts made available to carry out
this section in a fiscal year, not to exceed 10 percent shall
be available for making grants under this subsection.
``(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(e) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Alcoholic beverage.--The term `alcoholic beverage'
has the meaning given such term in section 158(c).
``(2) Controlled substances.--The term `controlled
substances' has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
``(3) Motor vehicle.--The term `motor vehicle' has the
meaning given such term in section 405.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1998.
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) In General.--Chapter 4 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 411. State highway safety data improvements
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make grants
to States that adopt and implement effective programs--
``(A) to improve the timeliness, accuracy, completeness,
uniformity, and accessibility of the data of the State that
is needed to identify priorities for national, State, and
local highway and traffic safety programs;
``(B) to evaluate the effectiveness of efforts to make such
improvements;
``(C) to link these State data systems, including traffic
records, with other data systems within the State, such as
systems that contain medical and economic data; and
``(D) to improve the compatibility of the data system of
the State with national data systems and data systems of
other States and to enhance the ability of the Secretary to
observe and analyze national trends in crash occurrences,
rates, outcomes, and circumstances.
Such grants may be used by recipient States only to implement
such programs.
``(2) Model data elements.--The Secretary, in consultation
with States and other appropriate parties, shall determine
the model data elements necessary to observe and analyze
national trends in crash occurrences, rates, outcomes, and
circumstances. In order to become eligible for a grant under
this section, a State shall demonstrate how the multiyear
highway safety data and traffic records plan of the State
described in subsection (b)(1) will be incorporated into data
systems of the State.
``(3) Maintenance of Effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for highway
safety data programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of
enactment of the Transportation Equity Act for the 21st
Century.
``(4) Maximum Period of Eligibility.--No State may receive
grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
``(5) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year
a program adopted by
[[Page H3852]]
a State pursuant to paragraph (1) shall not exceed--
``(A) in the first and second fiscal years in which the
State receives a grant under this section, 75 percent;
``(B) in the third and fourth fiscal years in which the
State receives a grant under this section, 50 percent; and
``(C) in the fifth and sixth fiscal years in which the
State receives a grant under this section, 25 percent.
``(b) First-Year Grants.--
``(1) Eligibility.--A State shall become eligible for a
first-year grant under this subsection in a fiscal year if
the State either--
``(A) demonstrates, to the satisfaction of the Secretary,
that the State has--
``(i) established a highway safety data and traffic records
coordinating committee with a multidisciplinary membership,
including the administrators, collectors, and users of such
data (including the public health, injury control, and motor
carrier communities);
``(ii) completed, within the preceding 5 years, a highway
safety data and traffic records assessment or an audit of the
highway safety data and traffic records system of the State;
and
``(iii) initiated the development of a multiyear highway
safety data and traffic records strategic plan that--
``(I) identifies and prioritizes the highway safety data
and traffic records needs and goals of the State;
``(II) identifies performance-based measures by which
progress toward those goals will be determined; and
``(III) will be submitted to the highway safety data and
traffic records coordinating committee of the State for
approval; or
``(B) provides, to the satisfaction of the Secretary--
``(i) a certification that the State has met the
requirements of clauses (i) and (ii) of subparagraph (A);
``(ii) a multiyear highway safety data and traffic records
strategic plan that--
``(I) meets the requirements of subparagraph (A)(iii); and
``(II) specifies how the incentive funds of the State for
the fiscal year will be used to address needs and goals
identified in the plan; and
``(iii) a certification that the highway safety data and
traffic records coordinating committee of the State continues
to operate and supports the multiyear plan described in
clause (ii).
``(2) Grant amounts.--The amount of a first-year grant made
to a State for a fiscal year under this subsection shall
equal--
``(A) if the State is eligible for the grant under
paragraph (1)(A), $125,000; and
``(B) if the State is eligible for the grant under
paragraph (1)(B), an amount determined by multiplying--
``(i) the amount appropriated to carry out this section for
such fiscal year; by
``(ii) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under paragraph
(1)(B) shall receive less than $250,000.
``(3) States not meeting criteria.--The Secretary may award
a grant of up to $25,000 for 1 year to any State that does
not meet the criteria established in paragraph (1). The grant
may only be used to conduct activities needed to enable the
State to qualify for a first-year grant in the next fiscal
year.
``(c) Succeeding Year Grants.--
``(1) Eligibility.--A State shall be eligible for a grant
under this subsection in a fiscal year succeeding the first
fiscal year in which the State receives a grant under
subsection (b) if the State, to the satisfaction of the
Secretary--
``(A) submits or updates a multiyear highway safety data
and traffic records strategic plan that meets the
requirements of subsection (b)(1);
``(B) certifies that the highway safety data and traffic
records coordinating committee of the State continues to
operate and supports the multiyear plan; and
``(C) reports annually on the progress of the State in
implementing the multiyear plan.
``(2) Grant amounts.--The amount of a succeeding year grant
made to the State for a fiscal year under this paragraph
shall equal the amount determined by multiplying--
``(A) the amount appropriated to carry out this section for
such fiscal year; by
``(B) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under this
paragraph shall receive less than $225,000.
``(c) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
``(d) Applicability of Chapter 1.--The provisions contained
in section 402(d) shall apply to this section.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``411. State highway safety data improvements.''.
SEC. 2006. NATIONAL DRIVER REGISTER.
(a) Transfer of Selected Functions to Non-Federal
Management.--Section 30302 of title 49, United States Code,
is amended by adding at the end the following:
``(e) Transfer of Selected Functions to Non-Federal
Management.--
``(1) Agreement.--The Secretary may enter into an agreement
with an organization that represents the interests of the
States to manage, administer, and operate the National Driver
Register's computer timeshare and user assistance functions.
If the Secretary decides to enter into such an agreement, the
Secretary shall ensure that the management of these functions
is compatible with this chapter and the regulations issued to
implement this chapter.
``(2) Required demonstration.--Any transfer of the National
Driver Register's computer timeshare and user assistance
functions to an organization that represents the interests of
the States shall begin only after a determination is made by
the Secretary that all States are participating in the
National Driver Register's `Problem Driver Pointer System'
(the system used by the Register to effect the exchange of
motor vehicle driving records) and that the system is
functioning properly.
``(3) Transition period.--Any agreement entered into under
this subsection shall include a provision for a transition
period sufficient to allow the States to make the budgetary
and legislative changes the States may need to pay fees
charged by the organization representing their interests for
their use of the National Driver Register's computer
timeshare and user assistance functions. During this
transition period, the Secretary shall continue to fund these
transferred functions.
``(4) Fees.--The total of the fees charged by the
organization representing the interests of the States in any
fiscal year for the use of the National Driver Register's
computer timeshare and user assistance functions shall not
exceed the total cost to the organization of performing these
functions in such fiscal year.
``(5) Limitation on statutory construction.--Nothing in
this subsection may be construed to diminish, limit, or
otherwise affect the authority of the Secretary to carry out
this chapter.''.
(b) Access to Register Information.--
(1) Conforming amendments.--Section 30305(b) of title 49,
United States Code, is amended--
(A) in paragraph (2) by inserting before the period at the
end the following: ``, unless the information is about a
revocation or suspension still in effect on the date of the
request'';
(B) in paragraph (8), as redesignated by section 207(b) of
the Coast Guard Authorization Act of 1996 (Public Law 104-
324, 110 Stat. 3908)--
(i) by striking ``paragraph (2)'' and inserting
``subsection (a) of this section''; and
(ii) by moving the text of such paragraph 2 ems to the
left; and
(C) by redesignating paragraph (8), as redesignated by
section 502(b)(1) of the Federal Aviation Reauthorization Act
of 1996 (Public Law 104-264, 110 Stat. 3262), as paragraph
(9).
(2) Federal agency access provision.--Section 30305(b) of
title 49, United States Code, is further amended--
(A) by redesignating paragraph (6) as paragraph (10) and
inserting such paragraph after paragraph (9);
(B) by inserting after paragraph (5) the following:
``(6) The head of a Federal department or agency that
issues motor vehicle operator's licenses may request the
chief driver licensing official of a State to obtain
information under subsection (a) of this section about an
individual applicant for a motor vehicle operator's license
from such department or agency. The department or agency may
receive the information, provided it transmits to the
Secretary a report regarding any individual who is denied a
motor vehicle operator's license by that department or agency
for cause; whose motor vehicle operator's license is revoked,
suspended, or canceled by that department or agency for
cause; or about whom the department or agency has been
notified of a conviction of any of the motor vehicle-related
offenses or comparable offenses listed in section 30304(a)(3)
and over whom the department or agency has licensing
authority. The report shall contain the information specified
in section 30304(b).''; and
(C) by adding at the end the following:
``(11) The head of a Federal department or agency
authorized to receive information regarding an individual
from the Register under this section may request and receive
such information from the Secretary.''.
(c) Evaluation and Assessment of Alternatives.--
(1) Evaluation.--The Secretary shall evaluate the
implementation of chapter 303 of title 49, United States
Code, and the programs under sections 31106 and 31309 of such
title and identify alternatives to improve the ability of the
States to exchange information about unsafe drivers and to
identify drivers with multiple licenses.
(2) Technology assessment.--The Secretary, in conjunction
with the American Association of Motor Vehicle
Administrators, shall conduct an assessment of available
electronic technologies to improve access to and exchange of
motor vehicle driving records. The assessment may consider
alternative unique motor vehicle driver identifiers that
would facilitate accurate matching of drivers and their
records.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the evaluation and
technology assessment, together with any recommendations for
appropriate administrative and legislative actions.
(4) Authorization of Appropriations.--There is authorized
to be appropriated to carry out paragraph (2) $250,000 in the
aggregate for fiscal years beginning after September 30,
1998.
SEC. 2007. SAFETY STUDIES.
(a) Blowout Resistant Tires Study.--The Secretary shall
conduct a study on the benefit to public safety of the use of
blowout resistant tires on commercial motor vehicles and the
potential to decrease the incidence of accidents
[[Page H3853]]
and fatalities from accidents occurring as a result of blown
out tires.
(b) School Bus Occupant Safety Study.--The Secretary shall
conduct a study to assess occupant safety in school buses.
The study shall examine available information about occupant
safety and analyze options for improving occupant safety.
(c) Reports.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of each study conducted
under this section.
(d) Limitation on Funding.--The Secretary may not expend
more than $200,000, from funds made available by section 403
of title 23, United States Code, for conducting each study
under this section.
SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD
ALCOHOL CONCENTRATIONS.
(a) Study.--The Comptroller General shall conduct a study
to evaluate the effectiveness of State laws that--
(1) deem any individual with a blood alcohol concentration
of 0.08 percent or greater while operating a motor vehicle to
be driving while intoxicated; and
(2) deem any individual under the age of 21 with a blood
alcohol concentration of 0.02 percent or greater while
operating a motor vehicle to be driving while intoxicated;
in reducing the number and severity of alcohol-involved
crashes.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the results of the study conducted under this section.
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code, $149,700,000 for fiscal year
1998, $150,000,000 for fiscal year 1999, $152,800,000 for
fiscal year 2000, $155,000,000 for fiscal year 2001,
$160,000,000 for fiscal year 2002, and $165,000,000 for
fiscal year 2003.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code, $72,000,000
for each of fiscal years 1998 through 2003.
(3) Occupant protection incentive grants.--For carrying out
section 405 of title 23, United States Code, $10,000,000 for
each of fiscal years 1999 and 2000, $13,000,000 for fiscal
year 2001, $15,000,000 for fiscal year 2002, and $20,000,000
for fiscal year 2003.
(4) Alcohol-impaired driving countermeasures incentive
grant program.--For carrying out section 410 of title 23,
United States Code, $34,500,000 for fiscal year 1998,
$35,000,000 for fiscal year 1999, $36,000,000 for each of
fiscal years 2000 and 2001, $38,000,000 for fiscal year 2002,
and $40,000,000 for fiscal year 2003.
(5) State highway safety data grants.--For carrying out
section 411 of title 23, United States Code, $5,000,000 for
fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000
for fiscal year 2001, and $10,000,000 for fiscal year 2002.
(6) National driver register.--For carrying out chapter 303
of title 49, United States Code, by the National Highway
Traffic Safety Administration, $2,000,000 for each of fiscal
years 1998 through 2003.
(b) Allocations.--
(1) Drugs and driver behavior.--Out of amounts appropriated
pursuant to subsection (a)(2) for fiscal years 1998 through
2003, the Secretary may use--
(A) not to exceed $2,000,000 per fiscal year to carry out
paragraphs (1) through (3) of section 403(b) of title 23,
United States Code; and
(B) not to exceed $1,000,000 per fiscal year to carry out
paragraph (4) of such section.
(2) Public education effort.--Out of amounts appropriated
pursuant to subsection (a)(2) for fiscal years 1998 through
2003, the Secretary shall obligate at least $500,000 per
fiscal year to educate the motoring public on how to share
the road safely with commercial motor vehicles.
(c) Applicability of Title 23.--Amounts made available
under subsection (a)(2) for each of fiscal years 1999 through
2003 shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23,
United States Code.
(d) Transfers.--In each fiscal year, the Secretary may
transfer any amounts remaining available under paragraph (3),
(4), or (5) of subsection (a) to the amounts made available
under any other of such paragraphs in order to ensure, to the
maximum extent possible, that each State receives the maximum
incentive funding for which the State is eligible under
sections 405, 410, and 411 of title 23, United States Code.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Transit Act of
1998''.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3003. DEFINITIONS.
Section 5302 is amended to read as follows:
``Sec. 5302. Definitions
``(a) In General.--In this chapter, the following
definitions apply:
``(1) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in mass transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements, transit-
related intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in mass
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
``(G) a mass transportation improvement that enhances
economic development or incorporates private investment,
including commercial and residential development, pedestrian
and bicycle access to a mass transportation facility, and the
renovation and improvement of historic transportation
facilities, because the improvement enhances the
effectiveness of a mass transportation project and is related
physically or functionally to that mass transportation
project, or establishes new or enhanced coordination
between mass transportation and other transportation, and
provides a fair share of revenue for mass transportation
that will be used for mass transportation--
``(i) including property acquisition, demolition of
existing structures, site preparation, utilities, building
foundations, walkways, open space, safety and security
equipment and facilities (including lighting, surveillance
and related intelligent transportation system applications),
facilities that incorporate community services such as
daycare and health care, and a capital project for, and
improving, equipment or a facility for an intermodal transfer
facility or transportation mall, except that a person making
an agreement to occupy space in a facility under this
subparagraph shall pay a reasonable share of the costs of the
facility through rental payments and other means; and
``(ii) excluding construction of a commercial revenue-
producing facility or a part of a public facility not related
to mass transportation;
``(H) the introduction of new technology, through
innovative and improved products, into mass transportation;
or
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12143),
but only for grant recipients that are in compliance with
applicable requirements of that Act, including both fixed
route and demand responsive service, and only for amounts not
to exceed 10 percent of such recipient's annual formula
apportionment under sections 5307 and 5311.
``(2) Chief executive officer of a state.--The term `chief
executive officer of a State' includes the designee of the
chief executive officer.
``(3) Emergency regulation.--The term `emergency
regulation' means a regulation--
``(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(b); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
``(i) would injure seriously an important public interest;
``(ii) would frustrate substantially legislative policy and
intent; or
``(iii) would damage seriously a person or class without
serving an important public interest.
``(4) Fixed guideway.--The term `fixed guideway' means a
mass transportation facility--
``(A) using and occupying a separate right-of-way or rail
for the exclusive use of mass transportation and other high
occupancy vehicles; or
``(B) using a fixed catenary system and a right-of-way
usable by other forms of transportation.
``(5) Handicapped individual.--The term `handicapped
individual' means an individual who, because of illness,
injury, age, congenital malfunction, or other incapacity or
temporary or permanent disability (including an individual
who is a wheelchair user or has semiambulatory
[[Page H3854]]
capability), cannot use effectively, without special
facilities, planning, or design, mass transportation service
or a mass transportation facility.
``(6) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(7) Mass transportation.--The term `mass transportation'
means transportation by a conveyance that provides regular
and continuing general or special transportation to the
public, but does not include school bus, charter, or
sightseeing transportation.
``(8) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(9) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in mass transportation in the
United States before the date of production of the model; or
``(B) used in mass transportation in the United States, but
being produced with a major change in configuration or
components.
``(10) Public transportation.--The term `public
transportation' means mass transportation.
``(11) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law
or policy in carrying out this chapter.
``(12) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
``(14) Transit.--The term `transit' means mass
transportation.
``(15) Transit enhancement.--The term `transit enhancement'
means, with respect to any project or an area to be served by
a project, projects that are designed to enhance mass
transportation service or use and that are physically or
functionally related to transit facilities. Eligible
projects are--
``(A) historic preservation, rehabilitation, and operation
of historic mass transportation buildings, structures, and
facilities (including historic bus and railroad facilities);
``(B) bus shelters;
``(C) landscaping and other scenic beautification,
including tables, benches, trash receptacles, and street
lights;
``(D) public art;
``(E) pedestrian access and walkways;
``(F) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on mass
transportation vehicles;
``(G) transit connections to parks within the recipient's
transit service area;
``(H) signage; and
``(I) enhanced access for persons with disabilities to mass
transportation.
``(16) Urban area.--The term `urban area' means an area
that includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of
urban growth, decides is appropriate for a local mass
transportation system to serve individuals in the locality.
``(17) Urbanized area.--The term `urbanized area' means an
area--
``(A) encompassing at least an urbanized area within a
State that the Secretary of Commerce designates; and
``(B) designated as an urbanized area within boundaries
fixed by State and local officials and approved by the
Secretary.
``(b) Authority To Modify `Handicapped Individual'.--The
Secretary may by regulation modify the definition of the term
`handicapped individual' in subsection (a)(5) as it applies
to section 5307(d)(1)(D).''.
SEC. 3004. METROPOLITAN PLANNING.
(a) General Requirements; Scope of Planning Process.--
Section 5303 is amended by striking subsections (a) and (b)
and inserting the following:
``(a) General Requirements.--
``(1) Development of plans and programs.--To carry out
section 5301(a), metropolitan planning organizations
designated under subsection (c), in cooperation with the
States and mass transportation operators, shall develop
transportation plans and programs for urbanized areas of the
State.
``(2) Contents.--The plans and programs developed under
paragraph (1) for each metropolitan area shall provide for
the development and integrated management and operation of
transportation systems and facilities (including pedestrian
walkways and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an intermodal
transportation system for the State and the United States.
``(3) Process.--The process for developing the plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
``(b) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall
provide for consideration of projects and strategies that
will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized users;
``(C) increase the accessibility and mobility options
available to people and for freight;
``(D) protect and enhance the environment, promote energy
conservation, and improve quality of life;
``(E) enhance the integration and connectivity of the
transportation system, across and between modes, for people
and freight;
``(F) promote efficient system management and operation;
and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under this title, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(b) Designating Metropolitan Planning Organizations.--
Section 5303(c) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``representing'' and inserting ``that
together represent''; and
(B) by striking ``as defined by the Secretary of
Commerce)'' and inserting ``or cities, as defined by the
Bureau of the Census)'';
(2) in paragraph (2)--
(A) by striking ``In a metropolitan area'' and all that
follows through ``shall include'' and inserting ``Each policy
board of a metropolitan planning organization that serves an
area designated as a transportation management area when
designated or redesignated under this subsection shall
consist of''; and
(B) by striking ``officials of authorities'' and inserting
``officials of public agencies'';
(3) in paragraph (3) by striking ``in an urbanized area''
and all that follows through ``of the urbanized area'' and
inserting ``within an existing metropolitan planning area
only if the chief executive officer of the State and the
existing metropolitan organization determine that the size
and complexity of the existing metropolitan planning area'';
and
(4) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``representing'' and inserting ``that
together represent''; and
(ii) by striking ``as defined by the Secretary of
Commerce)'' and inserting ``or cities, as defined by the
Bureau of the Census)'';
(B) in subparagraph (B) by striking ``as defined by the
Secretary of Commerce)'' and inserting ``or cities, as
defined by the Bureau of the Census)''; and
(C) by adding at the end the following:
``(D) Designations of metropolitan planning organizations,
whether made under this section or under any other provision
of law, shall remain in effect until redesignation under this
paragraph.''.
(c) Metropolitan Area Boundaries.--Section 5303(d) is
amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``To carry out'' and inserting the
following:
``(1) In general.--To carry out''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows
and inserting the following:
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this
paragraph shall be retained, except that the boundaries may
be adjusted by agreement of the chief executive officer of
the State and any affected metropolitan planning
organizations, in the manner described in subsection (c)(5).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone
or carbon monoxide under the Clean Air Act, the boundaries of
the metropolitan planning area--
``(A) shall be established in the manner described in
subsection (c)(1);
``(B) shall encompass the areas described in paragraph
(2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified under
the Clean Air Act for ozone or carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4)
(as inserted by paragraph (3) of this subsection).
(d) Coordination.--Section 5303(e) is amended--
(1) in paragraph (2)--
(A) by inserting ``or compact'' after ``agreement'' the
first place it appears''; and
(B) by striking ``making the agreement effective'' and
inserting ``making the agreements and compacts effective'';
and
(2) by adding at the end the following:
``(4) The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the design and delivery of transportation
services within the metropolitan planning area that are
provided--
[[Page H3855]]
``(A) by recipients of assistance under this chapter; and
``(B) by governmental agencies and non-profit organizations
(including representatives of the agencies and organizations)
that receive Governmental assistance from a source other than
the Department of Transportation to provide non-emergency
transportation services.''.
(e) Developing Long-Range Transportation Plans.--Section
5303(f) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``United States and
regional transportation functions'' and inserting ``national,
regional, and metropolitan transportation functions'';
(B) in subparagraph (B) by striking clause (iii) and
inserting the following:
``(iii) recommends any additional financing strategies for
needed projects and programs;''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) identify transportation strategies necessary--
``(i) to ensure preservation, including requirements for
management, operation, modernization, and rehabilitation, of
the existing and future transportation system; and
``(ii) to use existing transportation facilities most
efficiently to relieve congestion, to efficiently serve the
mobility needs of people and goods, and to enhance access
within the metropolitan planning area; and'';
(2) in paragraph (2) by striking ``as they are related to a
20-year forecast period'' and inserting ``and any State or
local goals developed within the cooperative metropolitan
planning process as they relate to a 20-year forecast period
and to other forecast periods as determined by the
participants in the planning process'';
(3) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of users
of public transit,'';
(4) in paragraph (5)(A) by inserting ``published or
otherwise'' before ``made readily available'';
(5) in the subsection heading by striking ``Long-Range
Plans'' and inserting ``Long-Range Transportation Plans'';
and
(6) by striking ``long-range plans'' each place it appears
and inserting ``long-range transportation plans''.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.
(a) Development and Update.--The second sentence of section
5304(a) is amended--
(1) by striking ``the organization'' and inserting ``the
metropolitan planning organization, in cooperation with the
chief executive officer of the State and any affected mass
transportation operator,'';
(2) by inserting after ``employees,'' the following:
``other affected employee representatives, freight shippers,
providers of freight transportation services,''; and
(3) by inserting after ``private providers of
transportation,'' the following: ``representatives of users
of public transit,''.
(b) Contents.--Section 5304(b)(2) is amended by striking
subparagraph (C) and inserting the following:
``(C) identifies innovative financing techniques to finance
projects, programs, and strategies, which may include, for
illustrative purposes, additional projects that would be
included in the approved transportation improvement program
if reasonable additional resources beyond those identified in
the financial plan were available.''.
(c) Project Selection.--Section 5304(c) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Except as otherwise provided in section 5305(d)(1) and
in addition to the transportation improvement program
development required under subsection (b), the selection of
federally funded projects for implementation in metropolitan
areas shall be carried out, from the approved transportation
improvement program--
``(A) by--
``(i) in the case of projects under title 23, the State;
and
``(ii) in the case of projects under this chapter, the
designated transit funding recipients; and
``(B) in cooperation with the metropolitan planning
organization.''; and
(2) by adding at the end the following:
``(3) Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement program
in place of another project in the program.
``(4) Selection of projects from illustrative list.--
Notwithstanding subsection (b)(2)(C), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under subsection (b)(2)(C).
``(5) Publication.--(A) A transportation improvement
program involving Government participation shall be published
or otherwise made readily available by the metropolitan
planning organization for public review.
``(B) An annual listing of projects for which Government
funds have been obligated in the preceding year shall be
published or otherwise made available by the metropolitan
planning organization for public review. The listing shall be
consistent with the categories identified in the
transportation improvement program.
``(6) Regionally significant projects proposed for funding
under chapter 2 of title 23 shall be identified individually
in the transportation improvement program. All other projects
funded under chapter 2 of title 23 shall be grouped in 1 line
item or identified individually in the transportation
improvement program.''.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.
(a) Designation.--Section 5305(a) is amended by striking
paragraph (2) and inserting the following:
``(2) any other area, if requested by the chief executive
officer and the metropolitan planning organization designated
for the area.''.
(b) Transportation Plans and Programs.--Section 5305(b) is
amended by inserting ``affected'' before ``mass
transportation operators''.
(c) Congestion Management System.--Section 5305(c) is
amended by striking ``The Secretary'' and all that follows
through the final period.
(d) Project Selection.--Section 5305(d)(1)(A) is amended by
inserting ``and any affected mass transportation operator''
after ``the State''.
(e) Certification.--Section 5305(e) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) If a metropolitan planning process is not
certified, the Secretary may withhold not more than 20
percent of the apportioned funds attributable to the
transportation management area under this chapter and title
23.
``(B) Any apportionments withheld under subparagraph (A)
shall be restored to the metropolitan area at such time as
the metropolitan planning organization is certified by the
Secretary.''; and
(2) by adding at the end the following:
``(4) In making certification determinations under this
subsection, the Secretary shall provide for public
involvement appropriate to the metropolitan area under
review.''.
(f) Continuation of Current Review Practice.--Section 5305
is amended by adding at the end the following:
``(h) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning plans and programs described in this
section have not been reviewed under such Act as of January
1, 1997, any decision by the Secretary concerning a plan or
program described in this section shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 3007. URBANIZED AREA FORMULA GRANTS.
(a) Section Heading.--
(1) Amendment to section 5307.--Section 5307 is amended by
striking the section heading and inserting the following:
``Sec. 5307. Urbanized area formula grants''.
(2) Conforming amendment.--The item relating to section
5307 in the table of sections for chapter 53 is amended to
read as follows:
``5307. Urbanized area formula grants.''.
(b) Definitions.--Section 5307(a) is amended--
(1) by striking ``In this section--'' and inserting ``In
this section, the following definitions apply:'';
(2) by inserting ``Associated capital maintenance items.--
The term'' after ``(1)''; and
(3) by inserting ``Designated recipient.--The term'' after
``(2)''.
(c) General Authority.--Section 5307(b) is amended--
(1) in paragraph (1)--
(A) by striking ``, improvement, and operating costs'' and
inserting ``and improvement costs''; and
(B) by adding at the end the following: ``The Secretary may
also make grants under this section to finance the operating
cost of equipment and facilities for use in mass
transportation in an urbanized area with a population of less
than 200,000.'';
(2) in paragraph (2)(A)--
(A) by inserting ``, in writing,'' after ``approved''; and
(B) by striking ``and'' at the end;
(3) in paragraph (2)(B) by striking the period at the end
and inserting ``; and'';
(4) in paragraph (2) by adding at the end the following:
``(C) the metropolitan planning organization in approving
the use under subparagraph (A) determines that the local
transit needs are being addressed.'';
(5) by striking paragraphs (3) and (5); and
(6) by redesignating paragraph (4) as paragraph (3).
(d) Advance Construction.--Section 5307(g)(3) is amended by
striking ``the amount by which'' and all that follows through
the period at the end and inserting ``the most favorable
financing terms reasonably available for the project at the
time of borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing
terms.''.
(e) Coordination of Reviews.--Section 5307(i)(2) is amended
by adding at the end the following: ``To the extent
practicable, the Secretary shall coordinate such reviews with
any related State or local reviews.''.
(f) Transit Enhancement Activities.--Section 5307(k) is
amended to read as follows:
``(k) Transit Enhancement Activities.--
``(1) In general.--One percent of the funds apportioned to
urbanized areas with a population of at least 200,000 under
section 5336 for a fiscal year shall be made available for
transit enhancement activities in accordance with section
5302(a)(15).
``(2) Period of availability.--Funds apportioned under
paragraph (1) shall be available for obligation for 3 years
following the fiscal year in which the funds are apportioned.
Funds
[[Page H3856]]
that are not obligated at the end of such period shall be
reapportioned under the urbanized area formula program of
section 5336.
``(3) Report.--A recipient of funds apportioned under
paragraph (1) shall submit, as part of the recipient's annual
certification to the Secretary, a report listing the projects
carried out during the fiscal year with those funds.''.
(g) Conforming Amendments.--Section 5307(n)(2) is amended
by inserting ``5319,'' after ``5318,''.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.
(a) In General.--Section 5308 is amended to read as
follows:
``Sec. 5308. Clean fuels formula grant program
``(a) Definitions.--In this section--
``(1) the term `clean fuel vehicle' means a vehicle that--
``(A) is powered by--
``(i) compressed natural gas;
``(ii) liquefied natural gas;
``(iii) biodiesel fuels;
``(iv) batteries;
``(v) alcohol-based fuels;
``(vi) hybrid electric;
``(vii) fuel cell;
``(viii) clean diesel, to the extent allowed under this
section; or
``(ix) other low or zero emissions technology; and
``(B) the Administrator of the Environmental Protection
Agency has certified sufficiently reduces harmful emissions;
``(2) the term `designated recipient' has the same meaning
as in section 5307(a)(2); and
``(3) the term `eligible project'--
``(A) means a project for--
``(i) purchasing or leasing clean fuel buses, including
buses that employ a lightweight composite primary structure;
``(ii) constructing or leasing clean fuel buses or
electrical recharging facilities and related equipment;
``(iii) improving existing mass transportation facilities
to accommodate clean fuel buses;
``(iv) repowering pre-1993 engines with clean fuel
technology that meets the current urban bus emission
standards; or
``(v) retrofitting or rebuilding pre-1993 engines if before
half life to rebuild; and
``(B) in the discretion of the Secretary, may include
projects relating to clean fuel, biodiesel, hybrid electric,
or zero emissions technology vehicles that exhibit equivalent
or superior emissions reductions to existing clean fuel or
hybrid electric technologies.
``(b) Authority.--The Secretary shall make grants in
accordance with this section to designated recipients to
finance eligible projects.
``(c) Application.--
``(1) In general.--Not later than January 1 of each year,
any designated recipient seeking to apply for a grant under
this section for an eligible project shall submit an
application to the Secretary, in such form and in accordance
with such requirements as the Secretary shall establish by
regulation.
``(2) Certification required.--An application submitted
under paragraph (1) shall contain a certification by the
applicant that the grantee will operate vehicles purchased
with a grant under this section only with clean fuels.
``(d) Apportionment of Funds.--
``(1) Formula.--Not later than February 1 of each year, the
Secretary shall apportion amounts made available to carry out
this section to designated recipients submitting applications
under subsection (c), of which--
``(A) two-thirds shall be apportioned to designated
recipients with eligible projects in urban areas with a
population of at least 1,000,000, of which--
``(i) 50 percent shall be apportioned, such that each such
designated recipient receives a grant in an amount equal to
the ratio between--
``(I) the number of vehicles in the bus fleet of the
eligible project of the designated recipient, weighted by
severity of nonattainment for the area in which the eligible
project is located, as provided in paragraph (2); and
``(II) the total number of vehicles in the bus fleets of
all eligible projects in areas with a population of at least
1,000,000 funded under this section, weighted by severity of
nonattainment for all areas in which those eligible projects
are located, as provided in paragraph (2); and
``(ii) 50 percent shall be apportioned, such that each such
designated recipient receives a grant in an amount equal to
the ratio between--
``(I) the number of bus passenger miles (as that term is
defined in section 5336(c)) of the eligible project of the
designated recipient, weighted by severity of nonattainment
of the area in which the eligible project is located, as
provided in paragraph (2); and
``(II) the total number of bus passenger miles of all
eligible projects in areas with a population of at least
1,000,000 funded under this section, weighted by severity of
nonattainment of all areas in which those eligible projects
are located, as provided in paragraph (2); and
``(B) one-third shall be apportioned to designated
recipients with eligible projects in urban areas with a
population of less than 1,000,000, of which--
``(i) 50 percent shall be apportioned, such that each such
designated recipient receives a grant in an amount equal to
the ratio between--
``(I) the number of vehicles in the bus fleet of the
eligible project of the designated recipient, weighted by
severity of nonattainment for the area in which the eligible
project is located, as provided in paragraph (2); and
``(II) the total number of vehicles in the bus fleets of
all eligible projects in areas with a population of less than
1,000,000 funded under this section, weighted by severity of
nonattainment for all areas in which those eligible projects
are located, as provided in paragraph (2); and
``(ii) 50 percent shall be apportioned, such that each such
designated recipient receives a grant in an amount equal to
the ratio between--
``(I) the number of bus passenger miles (as that term is
defined in section 5336(c)) of the eligible project of the
designated recipient, weighted by severity of nonattainment
of the area in which the eligible project is located, as
provided in paragraph (2); and
``(II) the total number of bus passenger miles of all
eligible projects in areas with a population of less than
1,000,000 funded under this section, weighted by severity of
nonattainment of all areas in which those eligible projects
are located, as provided in paragraph (2).
``(2) Weighting of severity of nonattainment.--
``(A) In general.--For purposes of paragraph (1), subject
to subparagraph (B) of this paragraph, the number of clean
fuel vehicles in the fleet, or the number of passenger miles,
shall be multiplied by a factor of--
``(i) 1.0 if, at the time of the apportionment, the area is
a maintenance area (as that term is defined in section 101 of
title 23) for ozone or carbon monoxide;
``(ii) 1.1 if, at the time of the apportionment, the area
is classified as--
``(I) a marginal ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42 U.S.C. 7511 et
seq.); or
``(II) a marginal carbon monoxide nonattainment area under
subpart 3 of part D of title I of the Clean Air Act (42
U.S.C. 7512 et seq.);
``(iii) 1.2 if, at the time of the apportionment, the area
is classified as--
``(I) a moderate ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42 U.S.C. 7511 et
seq.); or
``(II) a moderate carbon monoxide nonattainment area under
subpart 3 of part D of title I of the Clean Air Act (42
U.S.C. 7512 et seq.);
``(iv) 1.3 if, at the time of the apportionment, the area
is classified as--
``(I) a serious ozone nonattainment area under subpart 2 of
part D of title I of the Clean Air Act (42 U.S.C. 7511 et
seq.); or
``(II) a serious carbon monoxide nonattainment area under
subpart 3 of part D of title I of the Clean Air Act (42
U.S.C. 7512 et seq.);
``(v) 1.4 if, at the time of the apportionment, the area is
classified as--
``(I) a severe ozone nonattainment area under subpart 2 of
part D of title I of the Clean Air Act (42 U.S.C. 7511 et
seq.); or
``(II) a severe carbon monoxide nonattainment area under
subpart 3 of part D of title I of the Clean Air Act (42
U.S.C. 7512 et seq.); or
``(vi) 1.5 if, at the time of the apportionment, the area
is classified as--
``(I) an extreme ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42 U.S.C. 7511 et
seq.); or
``(II) an extreme carbon monoxide nonattainment area under
subpart 3 of part D of title I of the Clean Air Act (42
U.S.C. 7512 et seq.).
``(B) Additional adjustment for carbon monoxide areas.--If,
in addition to being classified as a nonattainment or
maintenance area (as that term is defined in section 101 of
title 23) for ozone under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et seq.), the area was also
classified under subpart 3 of part D of title I of that Act
(42 U.S.C. 7512 et seq.) as a nonattainment area for carbon
monoxide, the weighted nonattainment or maintenance area
fleet and passenger miles for the eligible project, as
calculated under subparagraph (A), shall be further
multiplied by a factor of 1.2.
``(3) Maximum grant amount.--
``(A) In general.--The amount of a grant made to a
designated recipient under this section shall not exceed the
lesser of--
``(i) for an eligible project in an area--
``(I) with a population of less than 1,000,000,
$15,000,000; and
``(II) with a population of at least 1,000,000,
$25,000,000; or
``(ii) 80 percent of the total cost of the eligible
project.
``(B) Reapportionment.--Any amounts that would otherwise be
apportioned to a designated recipient under this subsection
that exceed the amount described in subparagraph (A) shall be
reapportioned among other designated recipients in accordance
with paragraph (1).
``(e) Additional Requirements.--
``(1) Limitation on uses.--Not less than 5 percent of the
amount made available by or appropriated under section 5338
in each fiscal year to carry out this section shall be
available for any eligible projects for which an application
is received from a designated recipient, for--
``(A) the purchase or construction of hybrid electric or
battery-powered buses; or
``(B) facilities specifically designed to service those
buses.
``(2) Clean diesel buses.--Not more than $50,000,000 of the
amount made available by or appropriated under section 5338
in each fiscal year to carry out this section may be made
available to fund clean diesel buses.
``(3) Bus retrofitting and replacement.--Not more than 5
percent of the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this section
may be made available to fund retrofitting or replacement of
the engines of buses that do not meet the clean air standards
of the Environmental Protection Agency, as in effect on the
date on which the application for such retrofitting or
replacement is submitted under subsection (c)(1).
``(f) Availability of Funds.--Any amount made available or
appropriated under this section--
``(1) shall remain available to a project for 1 year after
the fiscal year for which the amount is made available or
appropriated; and
``(2) that remains unobligated at the end of the period
described in paragraph (1), shall be added to the amount made
available in the following fiscal year.''.
(b) Clerical Amendment.--The analysis for chapter 53 is
amended by striking the item relating to section 5308 and
inserting the following:
``5308. Clean fuels formula grant program.''.
[[Page H3857]]
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.
(a) Section Heading.--Section 5309 is amended in the
section heading by striking ``Discretionary'' and inserting
``Capital investment''.
(b) Conforming Amendment.--The item relating to section
5309 in the table of sections for chapter 53 is amended by
striking ``Discretionary'' and inserting ``Capital
investment''.
(c) General Authority.--Section 5309(a)(1) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by striking subparagraph (E) and inserting the
following:
``(E) capital projects to modernize existing fixed guideway
systems;
``(F) capital projects to replace, rehabilitate, and
purchases buses and related equipment and to construct bus-
related facilities;''.
(d) Consideration of Decreased Commuter Rail
Transportation.--Section 5309(c) is amended to read as
follows:
``(c) [Reserved.]''.
(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--Section 5309(e) is amended to read as follows:
``(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--
``(1) In general.--The Secretary may approve a grant or
loan under this section for a capital project for a new fixed
guideway system or extension of an existing fixed guideway
system only if the Secretary determines that the proposed
project is--
``(A) based on the results of an alternatives analysis and
preliminary engineering;
``(B) justified based on a comprehensive review of its
mobility improvements, environmental benefits, cost
effectiveness, and operating efficiencies; and
``(C) supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable
financing sources to construct, maintain, and operate the
system or extension.
``(2) Alternatives analysis and preliminary engineering.--
In evaluating a project under paragraph (1)(A), the Secretary
shall analyze and consider the results of the alternatives
analysis and preliminary engineering for the project.
``(3) Project justification.--In evaluating a project under
paragraph (1)(B), the Secretary shall--
``(A) consider the direct and indirect costs of relevant
alternatives;
``(B) consider factors such as congestion relief, improved
mobility, air pollution, noise pollution, energy consumption,
and all associated ancillary and mitigation costs necessary
to carry out each alternative analyzed, and recognize
reductions in local infrastructure costs achieved through
compact land use development;
``(C) identify and consider mass transportation supportive
existing land use policies and future patterns, and the cost
of urban sprawl;
``(D) consider the degree to which the project increases
the mobility of the mass transportation dependent population
or promotes economic development;
``(E) consider population density and current transit
ridership in the corridor;
``(F) consider the technical capability of the grant
recipient to construct the project;
``(G) adjust the project justification to reflect
differences in local land, construction, and operating costs;
and
``(H) consider other factors that the Secretary determines
appropriate to carry out this chapter.
``(4) Local financial commitment.--
``(A) Evaluation of project.--In evaluating a project under
paragraph (1)(C), the Secretary shall require that--
``(i) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases;
``(ii) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(iii) local resources are available to operate the
overall proposed mass transportation system (including
essential feeder bus and other services necessary to achieve
the projected ridership levels) without requiring a reduction
in existing mass transportation services to operate the
proposed project.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing under subparagraph (A), the Secretary shall
consider--
``(i) existing grant commitments;
``(ii) the degree to which financing sources are dedicated
to the purposes proposed;
``(iii) any debt obligation that exists or is proposed by
the recipient for the proposed project or other mass
transportation purpose; and
``(iv) the extent to which the project has a local
financial commitment that exceeds the required non-Federal
share of the cost of the project.
``(5) Regulations.--Not later than 120 days after the date
of enactment of the Federal Transit Act of 1998, the
Secretary shall issue regulations on the manner in which the
Secretary will evaluate and rate the projects based on the
results of alternatives analysis, project justification, and
the degree of local financial commitment, as required under
this subsection.
``(6) Project evaluation and rating.--A proposed project
may advance from alternatives analysis to preliminary
engineering, and may advance from preliminary engineering to
final design and construction, only if the Secretary finds
that the project meets the requirements of this section and
there is a reasonable likelihood that the project will
continue to meet such requirements. In making such findings,
the Secretary shall evaluate and rate the project as `highly
recommended', `recommended', or not `recommended', based on
the results of alternatives analysis, the project
justification criteria, and the degree of local financial
commitment, as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to the
overall project rating, individual ratings for each criteria
established under the regulations issued under paragraph (5).
``(7) Full funding grant agreement.--A project financed
under this subsection shall be carried out through a full
funding grant agreement. The Secretary shall enter into a
full funding grant agreement based on the evaluations and
ratings required under this subsection. The Secretary shall
not enter into a full funding grant agreement for a project
unless that project is authorized for final design and
construction.
``(8) Limitations on applicability.--
``(A) Projects with a section 5309 federal share of less
than $25,000,000.--A project for a new fixed guideway system
or extension of an existing fixed guideway system is not
subject to the requirements of this subsection, and the
simultaneous evaluation of similar projects in at least 2
corridors in a metropolitan area may not be limited, if the
assistance provided under this section with respect to the
project is less than $25,000,000.
``(B) Projects in nonattainment areas.--The simultaneous
evaluation of projects in at least 2 corridors in a
metropolitan area may not be limited and the Secretary shall
make decisions under this subsection with expedited
procedures that will promote carrying out an approved State
Implementation Plan in a timely way if a project is--
``(i) located in a nonattainment area;
``(ii) a transportation control measure (as defined by the
Clean Air Act (42 U.S.C. 7401 et seq.)); and
``(iii) required to carry out the State Implementation
Plan.
``(C) Projects financed with highway funds.--This
subsection does not apply to a part of a project financed
completely with amounts made available from the Highway Trust
Fund (other than the Mass Transit Account).
``(D) Previously issued letter of intent or full funding
grant agreement.--This subsection does not apply to projects
for which the Secretary has issued a letter of intent or
entered into a full funding grant agreement before the date
of enactment of the Federal Transit Act of 1998.''.
(f) Letters of Intent and Full Funding Grant Agreements.--
Section 5309(g) is amended--
(1) in the subsection heading by striking ``financing'' and
inserting ``funding'';
(2) by striking ``full financing'' each place it appears
and inserting ``full funding'';
(3) in paragraph (1)(B)--
(A) by striking ``30 days'' and inserting ``60 days'';
(B) by inserting before the first comma ``or entering into
a full funding grant agreement''; and
(C) by striking ``issuance of the letter.'' and inserting
``letter or agreement. The Secretary shall include with the
notification a copy of the proposed letter or agreement as
well as the evaluations and ratings for the project.''; and
(4) in paragraph (4), by striking ``50 percent'' and all
that follows through ``obligated)'' and inserting ``an amount
equivalent to the total authorizations under section 5338(b)
for new fixed guideway systems and extensions to existing
fixed guideway systems for fiscal years 2002 and 2003''.
(g) Allocating Amounts.--Section 5309(m) is amended to read
as follows:
``(m) Allocating Amounts.--
``(1) In general.--Of the amounts made available by or
appropriated under section 5338 for grants and loans under
this section for each of fiscal years 1998 through 2003--
``(A) 40 percent shall be available for fixed guideway
modernization;
``(B) 40 percent shall be available for capital projects
for new fixed guideway systems and extensions to existing
fixed guideway systems; and
``(C) 20 percent shall be available to replace,
rehabilitate, and purchase buses and related equipment and to
construct bus-related facilities.
``(2) Limitation on amounts available for activities other
than final design and construction.--Not more than 8 percent
of the amounts made available in each fiscal year by
paragraph (1)(B) shall be available for activities other than
final design and construction.
``(3) Bus and bus facility grants.--
``(A) Consideration.--In making grants under paragraph
(1)(C), the Secretary shall consider the age of buses, bus
fleets, related equipment, and bus-related facilities.
``(B) Funding for bus testing facility.--Of the amounts
made available under paragraph (1)(C), $3,000,000 shall be
available in each of fiscal years 1998 through 2003 to carry
out section 5318.
``(4) Funding for clean fuels.--Of the amounts made
available under paragraph (1)(C), $50,000,000 shall be
available in each of fiscal years 1999 through 2003 to carry
out section 5308.
``(5) Funding for ferry boat systems.--
``(A) Of the amounts made available under paragraph (1)(B),
$10,400,000 shall be available in each of fiscal years 1999
through 2003 for capital projects in Alaska or Hawaii, for
new fixed guideway systems and extensions to fixed guideway
systems that are ferry boats or ferry terminal facilities, or
that are approaches to ferry terminal facilities.
``(B) Of the amounts appropriated under section 5338(h)(5),
$3,600,000 shall be available in each of fiscal years 1999
through 2003 for capital projects in Alaska or Hawaii, for
new fixed
[[Page H3858]]
guideway systems and extensions to fixed guideway systems
that are ferry boats or ferry terminal facilities, or that
are approaches to ferry terminal facilities.''.
(h) Conforming Amendments.--
(1) Repeal.--Section 5309(f) is amended to read as follows:
``(f) [Reserved.]''.
(2) Cross reference.--Section 5328(a)(2), by striking
``5309(e) (1)-(6) of this title'' and inserting ``5309(e)''.
(3) References to full funding grant agreements.--Chapter
53 is amended--
(A) in section 5320--
(i) by striking ``full financing'' each place it appears
and inserting ``full funding''; and
(ii) in subsection (e) in the subsection heading, by
striking ``Financing'' and inserting ``Funding''; and
(B) in section 5328(a)(4) by striking ``full financing''
each place it appears and inserting ``full funding''.
(i) Reports.--Section 5309 is amended by adding at the end
the following:
``(o) Reports.--
``(1) Funding levels and allocations of funds for fixed
guideway systems.--
``(A) Annual report.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report that includes a proposal
on the allocation of amounts to be made available to finance
grants and loans for capital projects for new fixed guideway
systems and extensions to existing fixed guideway systems
among applicants for those amounts.
``(B) Recommendations on funding.--The annual report under
this paragraph shall include evaluations and ratings, as
required under subsection (e), for each project that is
authorized or has received funds under this section since the
date of enactment of the Federal Transit Act of 1998 or
October 1 of the preceding fiscal year, whichever date is
earlier. The report shall also include recommendations of
projects for funding based on the evaluations and ratings and
on existing commitments and anticipated funding levels for
the next 3 fiscal years and for the next 10 fiscal years
based on information currently available to the Secretary.
``(2) Supplemental report on new starts.--The Secretary
shall submit a report to Congress on the 31st day of August
of each year that describes the Secretary's evaluation and
rating of each project that has completed alternatives
analysis or preliminary engineering since the date of the
last report. The report shall include all relevant
information that supports the evaluation and rating of each
project, including a summary of each project's financial
plan.
``(3) Annual gao review.--The General Accounting Office
shall--
``(A) conduct an annual review of--
``(i) the processes and procedures for evaluating and
rating projects and recommending projects; and
``(ii) the Secretary's implementation of such processes and
procedures; and
``(B) shall report to Congress on the results of such
review by April 30 of each year.''.
(j) Project Defined.--Section 5309 is amended by adding at
the end the following:
``(p) Project Defined.--In this section, the term `project'
means, with respect to a new fixed guideway system or
extension to an existing fixed guideway system, a minimum
operable segment of the project.''.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS.
(a) In General.--The Secretary shall not consider the
dollar value of mobility improvements, as specified in the
report required under section 5309(o) (as added by this Act),
in evaluating projects under section 5309 of title 49, United
States Code, in developing regulations, or in carrying out
any other duty of the Secretary.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the dollar value of mobility improvements and the
relationship of mobility improvements to the overall
transportation justification of a new fixed guideway system
or extension to an existing system.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report on the results of the study under paragraph
(1), including an analysis of the factors relevant to
determining the dollar value of mobility improvements.
SEC. 3011. LOCAL SHARE.
(a) In General.--Notwithstanding any other provision of
law, for fiscal years 1999 through 2003, a recipient of
assistance under section 5307 or 5309 of title 49, United
States Code, may use, as part of the local matching funds for
a capital project (as defined in section 5302(a) of title 49,
United States Code), the proceeds from the issuance of
revenue bonds.
(b) Maintenance of Effort.--The Secretary shall approve of
the use of the proceeds from the issuance of revenue bonds
for the remainder of the net project cost (as defined in
section 5302(a) of title 49, United States Code) only if the
aggregate amount of financial support for mass transportation
in the urbanized area from the State and affected local
governmental authorities during the next 3 fiscal years, as
programmed in the State Transportation Improvement Program
under section 135 of title 23, United States Code, is not
less than the aggregate amount provided by the State and
affected local governmental authorities in the urbanized area
during the preceding 3 fiscal years.
(c) Report.--
(1) In general.--Not later than January 1, 2003, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, a report on the recipients described in subsection
(a) that have used, as part of the local matching funds for a
capital project, the proceeds from the issuance of revenue
bonds, during the period described in subsection (a).
(2) Contents of report.--The report required by this
subsection shall include--
(A) information on each project undertaken, the amount of
the revenue bonds issued, and the status of repayment of the
bonds; and
(B) any recommendations of the Secretary regarding the
application of this section.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.
(a) Fixed Guideway Technology.--The Secretary shall make
grants for the study, design, and demonstration of fixed
guideway technology. Of the amounts made available by or
appropriated under section 5338(d) of title 49, United States
Code, the Secretary shall make funds available for the
following projects in not less than the amounts specified for
the fiscal year:
(1) North Orange-South Seminole County, FL $750,000 for
fiscal year 1999.
(2) Galveston, TX fixed guideway activities $750,000 for
fiscal year 1999.
(3) Washoe County, NV Transit Technology, $1,250,000 for
each of fiscal years 1999 and 2000.
(b) Bus Technology.--The Secretary shall make grants for
the study, design, and demonstration of bus technology. Of
the amounts made available by or appropriated under section
5338(d) of title 49, United States Code, the Secretary shall
make funds available for the following projects in not less
than the amounts specified for the fiscal year:
(1) MBTA, MA Advanced Electric Transit Buses and Related
Infrastructure, $1,500,000 for each of fiscal years 1999 and
2000.
(2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each
of fiscal years 1999 and 2000.
(3) Gloucester, MA Intermodal Technology Center, $1,500,000
for each of fiscal years 1999 and 2000.
(c) Advanced Propulsion Control System.--
(1) In general.--Of the amounts made available by or
appropriated under section 5338(d) of title 49, United States
Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal
year 2000, and $3,000,000 for fiscal year 2002 shall be
available to the Southeastern Pennsylvania Transit Authority
(in this subsection referred to as ``SEPTA''), to be used
only for the completion of the program to develop and deploy
a new Advanced Propulsion Control System begun under the
Request for Technical Proposals for Project S-2814-2.
(2) Action required by septa.--This subsection shall take
effect only if SEPTA issues a request for cost proposals to
the 4 selectees from the full and open competition under
SEPTA's Request for Technical Proposals for Project S-2814-2
not later than 60 days after the date of enactment of this
Act.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF
ELDERLY INDIVIDUALS AND INDIVIDUALS WITH
DISABILITIES.
(a) Section Heading.--Section 5310 is amended in the
section heading by striking ``Grants'' and inserting
``Formula grants''.
(b) Conforming Amendment.--The item relating to section
5310 in the table of sections for chapter 53 is amended by
inserting ``formula'' before ``grants''.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.
(a) In General.--Section 5311 is amended--
(1) in the section heading, by striking ``Financial
assistance'' and inserting ``Formula grants''; and
(2) in subsection (f)(1) by striking ``10 percent of the
amount made available in the fiscal year ending September 30,
1993, and''.
(b) Conforming Amendment.--The item relating to section
5311 in the table of sections for chapter 53 is amended by
striking ``Financial assistance'' and inserting ``Formula
grant''.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING
PROJECTS.
(a) In General.--Section 5312 is amended by adding at the
end the following:
``(d) Joint Partnership Program for Deployment of
Innovation.--
``(1) Definition of consortium.--In this subsection, the
term `consortium'--
``(A) means 1 or more public or private organizations
located in the United States that provide mass transportation
service to the public and 1 or more businesses, including
small- and medium-sized businesses, incorporated in a State,
offering goods or services or willing to offer goods and
services to mass transportation operators; and
``(B) may include, as additional members, public or private
research organizations located in the United States, or State
or local governmental authorities.
``(2) General authority.--The Secretary may, under terms
and conditions that the Secretary prescribes, enter into
grants, contracts, cooperative agreements, and other
agreements with consortia selected in accordance with
paragraph (4), to promote the early deployment of innovation
in mass transportation services, management, operational
practices, or technology that has broad applicability. This
paragraph shall be carried out in consultation with the
transit industry by competitively selected consortia that
will share costs, risks, and rewards of early deployment of
innovation.
``(3) Consortium contribution.--A consortium assisted under
this subsection shall provide not less than 50 percent of the
costs of any joint partnership project. Any business,
organization, person, or governmental body may contribute
funds to a joint partnership project.
[[Page H3859]]
``(4) Notice requirement.--The Secretary shall periodically
give public notice of the technical areas for which joint
partnerships are solicited, required qualifications of
consortia desiring to participate, the method of selection
and evaluation criteria to be used in selecting participating
consortia and projects, and the process by which innovation
projects described in paragraph (1) will be awarded.
``(5) Use of revenues.--The Secretary shall accept, to the
maximum extent practicable, a portion of the revenues
resulting from sales of an innovation project funded under
this section. Such revenues shall be accounted for separately
within the Mass Transit Account of the Highway Trust Fund and
shall be available to the Secretary for activities under this
subsection. Annual revenues that are less than $1,000,000
shall be available for obligation without further
appropriation and shall not be subject to any obligation
limitation.
``(e) International Mass Transportation Program.--
``(1) Activities.--The Secretary is authorized to engage in
activities to inform the United States domestic mass
transportation community about technological innovations
available in the international marketplace and activities
that may afford domestic businesses the opportunity to
become globally competitive in the export of mass
transportation products and services. Such activities may
include--
``(A) development, monitoring, assessment, and
dissemination domestically of information about worldwide
mass transportation market opportunities;
``(B) cooperation with foreign public sector entities in
research, development, demonstration, training, and other
forms of technology transfer and exchange of experts and
information;
``(C) advocacy, in international mass transportation
markets, of firms, products, and services available from the
United States;
``(D) informing the international market about the
technical quality of mass transportation products and
services through participation in seminars, expositions, and
similar activities; and
``(E) offering those Federal Transit Administration
technical services which cannot be readily obtained from the
United States private sector to foreign public authorities
planning or undertaking mass transportation projects if the
cost of these services will be recovered under the terms of
each project.
``(2) Cooperation.--The Secretary may carry out activities
under this subsection in cooperation with other Federal
agencies, State or local agencies, public and private
nonprofit institutions, government laboratories, foreign
governments, or any other organization the Secretary
determines is appropriate.
``(3) Funding.--The funds available to carry out this
subsection shall include revenues paid to the Secretary by
any cooperating organization or person. Such revenues shall
be accounted for separately within the Mass Transit Account
of the Highway Trust Fund and shall be available to the
Secretary to carry out activities under this subsection,
including promotional materials, travel, reception, and
representation expenses necessary to carry out such
activities. Annual revenues that are less than $1,000,000
shall be available for obligation without further
appropriation and shall not be subject to any obligation
limitation. Not later than January 1 of each fiscal year, the
Secretary shall publish a report on the activities under this
paragraph funded from the account.''.
(b) Fuel Cell Bus and Bus Facilities Program.--Of the funds
made available for each fiscal year to carry out section
5309(m)(1)(C) of title 49, United States Code, $4,850,000
shall be available to carry out the fuel cell powered transit
bus program and the intermodal transportation fuel cell bus
maintenance facility.
(c) Advanced Technology Pilot Project.--
(1) In general.--The Secretary shall make grants for the
development of low speed magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety
benefits.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act for each of fiscal years 1998 through
2003, $5,000,000 per fiscal year shall be available to carry
out this subsection.
(3) Federal share.--The Federal share payable on account of
activities carried out using a grant made under this
subsection shall be 80 percent of the cost of such
activities.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.
Section 5314(a)(2) is amended by striking ``$2,000,000''
and inserting ``$3,000,000''.
SEC. 3017. NATIONAL TRANSIT INSTITUTE.
(a) In General.--Section 5315(a) is amended--
(1) in paragraph (5) by inserting ``and architectural
design'' before the semicolon at the end;
(2) in paragraph (7) by striking ``carrying out'' and
inserting ``delivering'';
(3) in paragraph (11) by inserting ``, construction
management, insurance, and risk management'' before the
semicolon at the end;
(4) in paragraph (13) by striking ``and'' at the end;
(5) in paragraph (14) by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following:
``(15) innovative finance; and
``(16) workplace safety.''.
(b) Conforming Amendment.--The item relating to section
5315 in the table of sections for chapter 53 is amended by
striking ``mass transportation'' and inserting ``transit''.
SEC. 3018. BUS TESTING FACILITIES.
(a) Operation and Maintenance.--Section 5318(b) is
amended--
(1) by striking ``make a contract with'' and inserting
``enter into a contract or cooperative agreement with, or
make a grant to,'';
(2) by inserting ``or organization'' after ``person'';
(3) by inserting ``, cooperative agreement, or grant''
after ``The contract''; and
(4) by inserting ``mass transportation'' after ``and
other''.
(b) Availability of Amounts.--Section 5318(d) is amended by
striking ``make a contract with'' and inserting ``enter into
a contract or cooperative agreement with, or make a grant
to,''.
SEC. 3019. BICYCLE FACILITIES.
Section 5319 is amended by striking ``under this section is
for 90 percent of the cost of the project'' and inserting
``made eligible by this section is for 90 percent of the cost
of the project, except that, if the grant or any portion of
the grant is made with funds required to be expended under
section 5307(k) and the project involves providing bicycle
access to mass transportation, that grant or portion of that
grant shall be at a Federal share of 95 percent''.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.
(a) Technical Amendment.--Section 5323(d) is amended by
striking ``Buying and Operating Buses.--'' and inserting
``Condition on Charter Bus Transportation Service.--''.
(b) Buy America.--Section 5323(j)(7) is amended to read as
follows:
``(7) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel,
iron, or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly
complete the certification (but not including failure to sign
the certification) under this subsection if such manufacturer
or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification
as a result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.''.
(c) Government's Share.--Section 5323(i) is amended to read
as follows:
``(i) Government Share of Costs for Certain Projects.--A
grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment required by the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or vehicle-related equipment (including clean fuel or
alternative fuel vehicle-related equipment) for purposes of
complying with or maintaining compliance with the Clean Air
Act, is for 90 percent of the net project cost of such
equipment attributable to compliance with those Acts. The
Secretary shall have discretion to determine, through
practicable administrative procedures, the costs of such
equipment attributable to compliance with those Acts.''.
(d) HHS and Public Transit Service.--Section 5323 is
amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following:
``(k) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--To the extent feasible,
governmental agencies and nonprofit organizations that
receive assistance from Government sources (other than the
Department of Transportation) for nonemergency transportation
services--
``(1) shall participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(2) shall be included in the planning for those
services.''.
(e) Submission of Certifications.--Section 5323 is amended
by adding at the end the following:
``(n) Submission of Certifications.--A certification
required under this chapter and any additional certification
or assurance required by law or regulation to be submitted to
the Secretary may be consolidated into a single document to
be submitted annually as part of a grant application under
this chapter. The Secretary shall publish annually a list of
all certifications required under this chapter with the
publication required under section 5336(e)(2).''.
(f) Grant Requirements.--Section 5323 is amended by adding
at the end the following:
``(o) Grant Requirements.--The grant requirements under
sections 5307 and 5309 apply to any project under this
chapter that receives any assistance or other financing under
the Transportation Infrastructure Finance and Innovation Act
of 1998.''.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE
INVESTMENT FROM MASS TRANSIT ACCOUNT OF HIGHWAY
TRUST FUND.
(a) In General.--The Secretary shall establish a pilot
program to determine the benefits of using funds from the
Mass Transit Account of the Highway Trust Fund for intercity
passenger rail. Any assistance provided to the State of
Oklahoma under sections 5307 and 5311 of title 49, United
States Code, during fiscal years 1998 through 2003 may be
used for capital improvements to, and operating assistance
for, intercity passenger rail service.
(b) Report.--
(1) In general.--Not later than October 1, 2002, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report on the pilot program established under this
section.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) an evaluation of the effect of the pilot program on
alternative forms of transportation within the State of
Oklahoma;
(B) an evaluation of the effect of the program on operators
of mass transportation and their passengers;
[[Page H3860]]
(C) a calculation of the amount of Federal assistance
provided under this section transferred for the provision of
intercity passenger rail service; and
(D) an estimate of the benefits to intercity passenger rail
service, including the number of passengers served, the
number of route miles covered, and the number of localities
served by intercity passenger rail service.
SEC. 3022. CONTRACT REQUIREMENTS.
(a) Efficient Procurement.--Section 5325 is amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) by adding at the end the following:
``(c) Efficient Procurement.--A recipient may award a
procurement contract under this chapter to other than the
lowest bidder when the award furthers an objective consistent
with the purposes of this chapter, including improved long-
term operating efficiency and lower long-term costs.''.
SEC. 3023. SPECIAL PROCUREMENTS.
(a) Turnkey System Projects.--Section 5326(a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Turnkey system project defined.--In this subsection,
the term `turnkey system project' means a project under which
a recipient enters into a contract with a seller, firm, or
consortium of firms to design and build a mass transportation
system or an operable segment thereof that meets specific
performance criteria. Such project may also include an option
to finance, or operate for a period of time, the system or
segment or any combination of designing, building, operating,
or maintaining such system or segment.'';
(2) in paragraph (2)--
(A) by inserting ``Selection of turnkey projects.--'' after
``(2)''; and
(B) by inserting ``or an operable segment of a mass
transportation system'' after ``transportation system'';
(3) in paragraph (3) by inserting ``Demonstrations.--''
after ``(3)''; and
(4) by aligning paragraphs (2) and (3) with paragraph (1)
of such section, as amended by paragraph (1) of this section.
(b) Technical Amendment.--Section 5326 is amended by
striking subsection (c) and inserting the following:
``(c) Acquiring Rolling Stock.--A recipient of financial
assistance under this chapter may enter into a contract to
expend that assistance to acquire rolling stock--
``(1) based on--
``(A) initial capital costs; or
``(B) performance, standardization, life cycle costs, and
other factors; or
``(2) with a party selected through a competitive
procurement process.
``(d) Procuring Associated Capital Maintenance Items.--A
recipient of assistance under section 5307 procuring an
associated capital maintenance item under section 5307(b) may
enter into a contract directly with the original manufacturer
or supplier of the item to be replaced, without receiving
prior approval of the Secretary, if the recipient first
certifies in writing to the Secretary that--
``(1) the manufacturer or supplier is the only source for
the item; and
``(2) the price of the item is no more than the price that
similar customers pay for the item.''.
(c) Conforming Amendment.--Section 5334(b)(4) is amended by
striking ``5323(a)(2), (c) and (e), 5324(c), and 5325 of this
title'' and inserting ``5323(a)(2), 5323(c), 5323(e),
5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)''.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
(a) Limitation on Use of Available Amounts.--Section
5327(c)(2) is amended--
(1) by striking ``make contracts'' and inserting ``enter
into contracts''; and
(2) by inserting before the period at the end of the first
sentence the following: ``and to provide technical assistance
to correct deficiencies identified in compliance reviews and
audits carried out under this section''.
(b) Financial Plan.--Section 5327 is amended by adding at
the end the following:
``(f) Financial Plan.--A recipient of financial assistance
for a project under this chapter with an estimated total cost
of $1,000,000,000 or more shall submit to the Secretary an
annual financial plan for the project. The plan shall be
based on detailed annual estimates of the cost to complete
the remaining elements of the project and on reasonable
assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.''.
SEC. 3025. ADMINISTRATIVE PROCEDURES.
(a) Training and Conference Costs.--Section 5334(a) is
amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to promote
mass transportation and credit amounts collected to the
appropriation concerned.''.
(b) Technical Amendments.--
(1) Section heading.--The heading for section 5334 is
amended by inserting ``provisions'' after ``Administrative''.
(2) Table of sections.--The item relating to section 5334
in the table of sections for chapter 53 is amended by
inserting ``provisions'' after ``Administrative''.
(c) Proceeds From Sale of Transit Assets.--Section 5334(g)
is amended by adding at the end the following:
``(4) Proceeds from the sale of transit assets.--
``(A) In general.--When real property, equipment, or
supplies acquired with assistance under this chapter are no
longer needed for mass transportation purposes as determined
under the applicable assistance agreement, the Secretary may
authorize the sale, transfer, or lease of the assets under
conditions determined by the Secretary and subject to the
requirements of this subsection.
``(B) Use.--The net income from asset sales, uses, or
leases (including lease renewals) under this subsection shall
be used by the recipient to reduce the gross project cost of
other capital projects carried out under this chapter.
``(C) Relationship to other authority.--The authority of
the Secretary under this subsection is in addition to
existing authorities controlling allocation or use of
recipient income otherwise permissible in law or regulation
in effect prior to the date of enactment of this
paragraph.''.
SEC. 3026. REPORTS AND AUDITS.
(a) National Transit Database.--Section 5335(a) is
amended--
(1) by striking ``Reporting System and Uniform System of
Accounts and Records'' and inserting ``National Transit
Database''; and
(2) in paragraph (1)--
(A) by striking ``by uniform categories,'' and inserting
``using uniform categories''; and
(B) by striking ``and a uniform system of accounts and
records'' and inserting ``and using a uniform system of
accounts''.
(b) Reports.--Section 5335 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection (b).
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.
(a) In General.--Section 5336 is amended in the section
heading by striking ``block grants'' and inserting ``formula
grants''.
(b) Repeal.--Section 5336(d) is amended to read as follows:
``(d) [Reserved.]''.
(c) Continuation of Operating Assistance to Certain Larger
Urbanized Areas.--
(1) Provision of assistance.--Notwithstanding any other
provision of law, during the period described in paragraph
(2), the Secretary may continue to provide assistance under
section 5307 of title 49, United States Code, to finance the
operating costs of equipment and facilities for use in mass
transportation in any urbanized area (as that term is defined
in section 5302 of title 49, United States Code) with a
population of at least 200,000, if the Secretary determines
that--
(A) the number of the total bus revenue vehicle-miles
operated in or directly serving the area is less than
600,000; and
(B) the number of buses operated in or directly serving the
area does not exceed 15.
(2) Period described.--For purposes of paragraph (1), the
period described in this paragraph is the period beginning on
the date of enactment of this Act and ending on the earlier
of--
(A) 3 years after the date of enactment of this Act; and
(B) the date on which the Secretary determines that--
(i) the number of the total bus revenue vehicle-miles
operated in or directly serving the area is greater than or
equal to 600,000; and
(ii) the number of buses operated in or directly serving
the area exceeds 15.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.
(a) Distribution.--Section 5337(a) is amended to read as
follows:
``(a) Distribution.--The Secretary shall apportion amounts
made available for fixed guideway modernization under section
5309 for each of fiscal years 1998 through 2003 as follows:
``(1) The first $497,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Baltimore, $8,372,000.
``(B) Boston, $38,948,000.
``(C) Chicago/Northwestern Indiana, $78,169,000.
``(D) Cleveland, $9,509,500.
``(E) New Orleans, $1,730,588.
``(F) New York, $176,034,461.
``(G) Northeastern New Jersey, $50,604,653.
``(H) Philadelphia/Southern New Jersey, $58,924,764.
``(I) Pittsburgh, $13,662,463.
``(J) San Francisco, $33,989,571.
``(K) Southwestern Connecticut, $27,755,000.
``(2) The next $70,000,000 shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in paragraph
(1), as provided in section 5336(b)(2)(A).
``(B) 50 percent in other urbanized areas eligible for
assistance under section 5336(b)(2)(A) to which amounts were
apportioned under this section for fiscal year 1997, as
provided in section 5336(b)(2)(A) and subsection (e) of this
section.
``(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Pittsburgh, 61.76 percent.
``(B) Cleveland, 10.73 percent.
``(C) New Orleans, 5.79 percent.
``(D) 21.72 percent in urbanized areas to which paragraph
(2)(B)(ii) applies, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(4) The next $186,600,000 shall be apportioned in each
urbanized area to which paragraph (1) applies and in each
urbanized area to which paragraph (2)(B) applies, as provided
in section 5336(b)(2)(A) and subsection (e) of this section.
``(5) The next $70,000,000 shall be apportioned as follows:
``(A) 65 percent in the urbanized areas listed in paragraph
(1), as provided in section 5336(b)(2)(A) and subsection (e)
of this section.
``(B) 35 percent to other urbanized areas eligible for
assistance under section 5336(b)(2)(A) if
[[Page H3861]]
the areas contain fixed guideway systems placed in revenue
service at least 7 years before the fiscal year in which
amounts are made available and in any urbanized area if,
before the first day of the fiscal year, the area satisfies
the Secretary that the area has modernization needs that
cannot adequately be met with amounts received under section
5336(b)(2)(A), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(6) The next $50,000,000 shall be apportioned as follows:
``(A) 60 percent in the urbanized areas listed in paragraph
(1), as provided in section 5336(b)(2)(A) and subsection (e)
of this section.
``(B) 40 percent to urbanized areas to which paragraph
(5)(B) applies, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(7) Remaining amounts shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in paragraph
(1), as provided in section 5336(b)(2)(A) and subsection (e)
of this section.
``(B) 50 percent to urbanized areas to which paragraph
(5)(B) applies, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.''.
(b) Route Segments To Be Included in Apportionment
Formulas.--Section 5337 is amended by adding at the end the
following:
``(e) Route Segments To Be Included in Apportionment
Formulas.--
``(1) 1997 standard.--Amounts apportioned under paragraphs
(2)(B), (3), and (4) of subsection (a) shall have
attributable to each urbanized area only the number of fixed
guideway revenue miles of service and number of fixed
guideway route miles for segments of fixed guideway systems
used to determine apportionments for fiscal year 1997.
``(2) Other standards.--Amounts apportioned under
paragraphs (5) through (7) of subsection (a) shall have
attributable to each urbanized area only the number of fixed
guideway revenue miles of service and number of fixed
guideway route-miles for segments of fixed guideway systems
placed in revenue service at least 7 years before the fiscal
year in which amounts are made available.''.
SEC. 3029. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) Fiscal year 1998.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out sections 5307, 5310, and 5311, $2,260,000,000 for fiscal
year 1998.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out sections 5307, 5310, and 5311,
$240,000,000 for fiscal year 1998.
``(C) Allocation of funds.--Of the aggregate of amounts
made available by and appropriated under this paragraph for a
fiscal year--
``(i) $4,849,950 shall be available to the Alaska Railroad
for improvements to its passenger operations under section
5307;
``(ii) $62,219,389 shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
``(iii) $134,077,934 shall be available to provide
financial assistance for other than urbanized areas under
section 5311; and
``(iv) $2,298,852,727 shall be available to provide
financial assistance for urbanized areas under section 5307.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out sections 5307, 5308, 5310, and 5311--
``(i) $2,280,000,000 for fiscal year 1999;
``(ii) $2,478,400,000 for fiscal year 2000;
``(iii) $2,676,000,000 for fiscal year 2001;
``(iv) $2,873,600,000 for fiscal year 2002; and
``(v) $3,071,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out sections 5307, 5308, 5310, and
5311--
``(i) $570,000,000 for fiscal year 1999;
``(ii) $619,600,000 for fiscal year 2000;
``(iii) $669,000,000 for fiscal year 2001;
``(iv) $718,400,000 for fiscal year 2002; and
``(v) $767,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the aggregate of amounts
made available by and appropriated under this paragraph for a
fiscal year--
``(i) $4,849,950 shall be available to the Alaska Railroad
for improvements to its passenger operations under section
5307;
``(ii) $50,000,000 shall be available to carry out section
5308; and
``(iii) of the remaining amount--
``(I) 2.4 percent shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
``(II) 6.37 percent shall be available to provide financial
assistance for other than urbanized areas under section 5311;
and
``(III) 91.23 percent shall be available to provide
financial assistance for urbanized areas under section 5307.
``(b) Capital Program Grants and Loans.--
``(1) Fiscal year 1998.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
section 5309, $2,000,000,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out section 5309--
``(i) $1,805,600,000 for fiscal year 1999;
``(ii) $1,960,800,000 for fiscal year 2000;
``(iii) $2,116,800,000 for fiscal year 2001;
``(iv) $2,272,800,000 for fiscal year 2002; and
``(v) $2,428,800,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out section 5309--
``(i) $451,400,000 for fiscal year 1999;
``(ii) $490,200,000 for fiscal year 2000;
``(iii) $529,200,000 for fiscal year 2001;
``(iv) $568,200,000 for fiscal year 2002; and
``(v) $607,200,000 for fiscal year 2003.
``(c) Planning.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305, and
5313(b), $47,750,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out sections 5303, 5304, 5305, and 5313(b)--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $46,400,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $52,800,000 for fiscal year 2002; and
``(v) $57,600,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out sections 5303, 5304, 5305, and
5313(b)--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $11,600,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,200,000 for fiscal year 2002; and
``(v) $14,400,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made available by
or appropriated under this paragraph for a fiscal year--
``(i) 82.72 percent shall be available for metropolitan
planning under sections 5303, 5304, and 5305; and
``(ii) 17.28 percent shall be available for State planning
under section 5313(b).
``(d) Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322, $44,250,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and
5322--
``(i) $36,000,000 for fiscal year 1999;
``(ii) $37,600,000 for fiscal year 2000;
``(iii) $37,600,000 for fiscal year 2001;
``(iv) $39,200,000 for fiscal year 2002; and
``(v) $39,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
``(i) $9,000,000 for fiscal year 1999;
``(ii) $9,400,000 for fiscal year 2000;
``(iii) $9,400,000 for fiscal year 2001;
``(iv) $9,800,000 for fiscal year 2002; and
``(v) $9,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made available by
or appropriated under this paragraph for a fiscal year--
``(i) not less than $5,250,000 shall be available for
providing rural transportation assistance under section
5311(b)(2);
``(ii) not less than $8,250,000 shall be available for
carrying out transit cooperative research programs under
section 5313(a);
``(iii) not less than $4,000,000 shall be available to
carry out programs under the National Transit Institute under
section 5315; and
``(iv) the remainder shall be available for carrying out
national planning and research programs under sections
5311(b)(2), 5312, 5313(a), 5314, and 5322.
``(e) University Transportation Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5317(b) $6,000,000 for
fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out section 5317(b), $4,800,000 for each of fiscal years 1999
through 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out section 5317(b), $1,200,000 for
each of fiscal years 1999 through 2003.
``(f) Administration.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for
fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out section 5334--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $48,000,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $53,600,000 for fiscal year 2002; and
``(v) $58,400,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out section 5334--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $12,000,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,400,000 for fiscal year 2002; and
``(v) $14,600,000 for fiscal year 2003.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from the highway trust fund.--A grant
or contract approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(A), (a)(2)(A),
(b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or
(f)(2)(A) is a contractual obligation of the United States
Government to pay the Government's share of the cost of the
project.
``(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed with
amounts made
[[Page H3862]]
available under subsection (a)(1)(B), (a)(2)(B), (b)(2)(B),
(c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is a
contractual obligation of the Government to pay the
Government's share of the cost of the project only to the
extent that amounts are provided in advance in an
appropriations Act.
``(h) Additional Amounts.--In addition to amounts made
available by or appropriated under subsections (a) through
(f), there are authorized to be appropriated--
``(1) to carry out sections 5303, 5304, 5305, and 5313(b)--
``(A) for fiscal year 1999, $32,000,000;
``(B) for fiscal year 2000, $33,000,000;
``(C) for fiscal year 2001, $34,000,000;
``(D) for fiscal year 2002, $35,000,000; and
``(E) for fiscal year 2003, $36,000,000;
``(2) to carry out section 5307, $150,000,000 for each of
fiscal years 1999 through 2003;
``(3) to carry out section 5308, $100,000,000 for each of
fiscal years 1999 through 2003;
``(4) to carry out section 5309(m)(1)(A), $100,000,000 for
each of fiscal years 1999 through 2003;
``(5) to carry out section 5309(m)(1)(B)--
``(A) for fiscal year 1999, $600,000,000;
``(B) for fiscal year 2000, $610,000,000;
``(C) for fiscal year 2001, $620,000,000;
``(D) for fiscal year 2002, $630,000,000; and
``(E) for fiscal year 2003, $630,000,000;
``(6) to carry out section 5309(m)(1)(C), $100,000,000 for
each of fiscal years 1999 through 2003;
``(7) to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
``(A) for fiscal year 1999, $31,000,000;
``(B) for fiscal year 2000, $31,000,000;
``(C) for fiscal year 2001, $33,000,000;
``(D) for fiscal year 2002, $33,000,000; and
``(E) for fiscal year 2003, $34,000,000; and
``(8) to carry out section 5334--
``(A) for fiscal year 1999, $13,000,000;
``(B) for fiscal year 2000, $14,000,000;
``(C) for fiscal year 2001, $16,000,000;
``(D) for fiscal year 2002, $17,000,000; and
``(E) for fiscal year 2003, $18,000,000.
``(i) Availability of Amounts.--Amounts made available by
or appropriated under subsections (a) through (e), and
paragraphs (1) through (7) of subsection (h), shall remain
available until expended.''.
(b) Conforming Amendments.--Chapter 53 is amended as
follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A), by striking ``section 5338(g)(1)'' each place
it appears and inserting ``subsection (c) or (h)(1) of
section 5338''.
(2) In section 5303(h)(1) by striking ``-5306'' and
inserting ``and 5305''.
(3) In section 5303(h)(4) by striking ``section 5338(g)''
and inserting ``subsection (c) or (h)(1) of section 5338''.
(4) In section 5313(a)(1) by striking ``Fifty percent of
the amounts made available under section 5338(g)(3)'' and
inserting ``The amounts made available under paragraphs (1)
and (2)(C)(ii) of section 5338(d)''.
(5) In section 5313(b)(1) by striking ``Fifty percent of
the amounts made available under section 5338(g)(3)'' and
inserting ``The amounts made available under paragraphs (1)
and (2)(C)(ii) of section 5338(c)''.
(6) In section 5314(a)(1) by striking ``section
5338(g)(4)'' and inserting ``subsections (d) and (h)(7) of
section 5338''.
(7) In section 5317(e)(5)(C) by striking ``5338(e)(2)'' and
inserting ``5338(e)''.
(8) In section 5318(d) by striking ``5338(j)(5)'' and
inserting ``5309(m)(1)(C)''.
(9) In section 5333(b) by striking ``5338(j)(5)'' each
place it appears and inserting ``5338(b)''.
(10) In section 5336(a) by striking ``5338(f)'' and
inserting ``5338(a)''.
(11) In section 5336(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (a) and (h)(2) of section 5338''.
(12) In section 5337(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (b) and (h)(4) of section 5338''.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND
EXTENSIONS TO EXISTING SYSTEMS.
(a) Final Design and Construction.--The following projects
are authorized for final design and construction for fiscal
years 1998 through 2003 under section 5309(m)(1)(B) of title
49, United States Code:
(1) Atlanta--Athens Commuter Rail.
(2) Atlanta--Griffin Commuter Rail.
(3) Atlanta--North Line Extension.
(4) Austin--NW/North Central/SE--Airport LRT.
(5) Baltimore--Central LRT Extension to Glen Burnie.
(6) Boston--Massport Airport Intermodal Transit Connector.
(7) Boston--North Shore Corridor and Blue Line Extension to
Beverly.
(8) Charlotte--South Corridor Transitway.
(9) Chicago--Navy Pier-McCormick Place Busway.
(10) Chicago--North Central Upgrade Commuter Rail.
(11) Chicago--Ravenswood Line Extension.
(12) Chicago--Southwest Extension.
(13) Chicago--West Line Expansion.
(14) Cleveland--Akron-Canton Commuter Rail.
(15) Cleveland--Berea Metroline Extension.
(16) Cleveland--Blue Line Extension.
(17) Cleveland--Euclid Corridor Extension.
(18) Cleveland--I-90 Corridor to Ashtabula County.
(19) Cleveland--Waterfront Line Extension.
(20) Dallas--North Central Extension.
(21) Dallas--Ft. Worth RAILTRAN (Phase II).
(22) Denver--East Corridor (Airport).
(23) Denver--Southeast LRT (I-25 between 6th & Lincoln).
(24) Denver--Southwest LRT.
(25) Denver--West Corridor LRT.
(26) East St. Louis-St. Clair County--Mid-America Airport
Corridor.
(27) Ft. Lauderdale-West Palm Beach-Miami Tri-County
Commuter Rail.
(28) Galveston--Trolley Extension.
(29) Hartford--Griffin Line.
(30) Hollis--Ketchikan Ferry.
(31) Houston--Regional Bus Plan--Phase I.
(32) Kansas City--I-35 Commuter Rail.
(33) Kansas City--Southtown Corridor.
(34) Kenosha-Racine--Milwaukee Rail Extension.
(35) Las Vegas Corridor.
(36) Little Rock--River Rail.
(37) Los Angeles--Metrolink San Bernadino Line.
(38) Los Angeles--MOS-3.
(39) Los Angeles--Metrolink (Union Station-Fullerton).
(40) Louisville--Jefferson County Corridor.
(41) MARC--Commuter Rail Improvements.
(42) Maryland Light Rail Double Track.
(43) Memphis--Medical Center Extension.
(44) Miami--East-West Multimodal Corridor.
(45) Miami--North 27th Avenue Corridor.
(46) Miami--South Busway Extension.
(47) Milwaukee--East-West Corridor.
(48) Monterey County Commuter Rail.
(49) Nashua, NH--Lowell, MA Commuter Rail.
(50) Nashville--Commuter Rail.
(51) New Orleans--Canal Streetcar.
(52) New York--8th Avenue Subway Connector.
(53) New York--Brooklyn--Staten Island Ferry.
(54) New York--Long Island Railroad East Side Access.
(55) New York--Staten Island Ferry--Whitehall Intermodal
Terminal.
(56) New York Susquehanna and Western Commuter Rail.
(57) New Jersey Urban Core.
(58) Norfolk--Virginia Beach Corridor.
(59) Orange County--Fullerton--Irvine Corridor.
(60) Orlando--I-4 Central Florida Light Rail System.
(61) Philadelphia--Schuykill Valley Metro.
(62) Phoenix--Fixed Guideway.
(63) Colorado--Roaring Fork Valley Rail.
(64) Pittsburgh Airborne Shuttle System.
(65) Pittsburgh--MLK Busway Extension.
(66) Portland--South-North Corridor.
(67) Portland--Westside-Hillsboro Corridor.
(68) Raleigh-Durham--Regional Transit Plan.
(69) Sacramento--Folsom Extension.
(70) Sacramento--Placer County Corridor.
(71) Sacramento--South Corridor.
(72) Salt Lake City--Light Rail (Airport to University of
Utah).
(73) Salt Lake City--Ogden-Provo Commuter Rail.
(74) Salt Lake City--South LRT.
(75) San Diego--Mid-Coast LRT Corridor.
(76) San Diego--Mission Valley East Corridor.
(77) San Diego--Oceanside--Escondido Corridor.
(78) San Francisco--BART to San Francisco International
Airport Extension.
(79) San Francisco--Bayshore Corridor.
(80) San Jose--Tasman Corridor Light Rail.
(81) San Juan--Tren Urbano.
(82) San Juan--Tren Urbano Extension to Minellas.
(83) Santa Cruz--Fixed Guideway.
(84) Seattle--Southworth High Speed Ferry.
(85) Seattle--Sound Move Corridor.
(86) South Boston--Piers Transitway.
(87) St. Louis--Cross County Corridor.
(88) Stockton--Altamont Commuter Rail.
(89) Tampa Bay--Regional Rail.
(90) Twin Cities--Northstar Corridor (Downtown Minneapolis-
Anoka County-St. Cloud).
(91) Twin Cities--Transitways Corridors.
(92) Washington--Richmond Rail Corridor Improvements.
(93) Washington, D.C.--Dulles Corridor Extension.
(94) Washington, D.C.--Largo Extension.
(95) West Trenton Line (West Trenton-Newark).
(96) Westlake--Commuter Rail Link.
(97) Pittsburgh North Shore-Central Business District
Corridor.
(98) Pittsburgh--Stage II Light Rail.
(99) Boston--North-South Rail Link.
(100) Spokane--South Valley Corridor Light Rail.
(101) Miami--Palmetto Metrorail.
(102) Morgantown--Personal Rapid Transit.
(103) Santa Monica--Busway.
(104) Northwest New Jersey--Northeast Rail Corridor.
(105) Southeastern North Carolina Corridor.
(106) Chicago--Douglas Branch.
(107) San Joaquin--Regional Transit Corridor.
(108) Albuquerque--High Capacity Corridor.
(b) Alternatives Analysis and Preliminary Engineering.--The
following projects are authorized for alternatives analysis
and preliminary engineering for fiscal years 1998 through
2003 under section 5309(m)(1)(B) of title 49, United States
Code:
(1) Atlanta--Georgia 400 Multimodal Corridor.
(2) Atlanta--MARTA Extension (S. DeKalb-Lindbergh).
(3) Atlanta--MARTA I-285 Transit Corridor.
(4) Atlanta--MARTA Marietta-Lawrenceville Corridor.
(5) Atlanta--MARTA South DeKalb Comprehensive Transit
Program.
(6) Baltimore--Metropolitan Rail Corridor.
(7) Baltimore--People Mover.
(8) Bergen County Cross--County Light Rail.
(9) Birmingham Transit Corridor.
(10) Boston--Urban Ring.
(11) Charleston--Monobeam.
(12) Chicago--Comiskey Park Station.
(13) Chicago--Inner Circumferential Commuter Rail.
(14) Cumberland/Dauphin County Corridor 1 Commuter Rail.
(15) Dallas--DART LRT Extensions.
(16) Dallas--Las Colinas Corridor.
(17) Dayton--Regional Riverfront Corridor.
[[Page H3863]]
(18) El Paso--International Fixed Guideway (El Paso-
Juarez).
(19) Fremont--South Bay Corridor.
(20) Houston--Advanced Transit Program.
(21) Jacksonville--Fixed Guideway Corridor.
(22) Knoxville--Electric Transit.
(23) Lorain--Cleveland Commuter Rail.
(24) Los Angeles--MOS-4 East Side Extension (II).
(25) Los Angeles--MOS-4 San Fernando Valley East-West.
(26) Los Angeles--LOSSAN (Del Mar-San Diego).
(27) Maine High Speed Ferry Service.
(28) Maryland Route 5 Corridor.
(29) Memphis--Regional Rail Plan.
(30) Miami--Kendall Corridor.
(31) Miami--Northeast Corridor.
(32) New Jersey Trans-Hudson Midtown Corridor.
(33) New Orleans--Airport--CBD Commuter Rail.
(34) New Orleans--Desire Streetcar.
(35) New York--Astoria--East Elmhurst Extension.
(36) New York--Broadway--Lafayette & Bleecker St Transfer.
(37) New York--Brooklyn--Manhattan Access.
(38) New York--Lower Manhattan Access.
(39) New York--Manhattan East Side Link.
(40) New York--Midtown West Intermodal Terminal.
(41) New York--Nassau Hub.
(42) New York--North Shore Railroad.
(43) New York--Queens West Light Rail Link.
(44) New York--St. George's Ferry Intermodal Terminal.
(45) Newburgh--LRT System.
(46) North Front Range Corridor.
(47) Northeast Indianapolis Corridor.
(48) Oakland Airport--BART Connector.
(49) Providence--Pawtucket Corridor.
(50) Philadelphia--Broad Street Line Extension.
(51) Philadelphia--Cross County Metro.
(52) Philadelphia--Lower Marion Township.
(53) Pinellas County--Mobility Initiative Project.
(54) Redlands--San Bernardino Transportation Corridor.
(55) Riverside--Perris rail passenger service.
(56) Salt Lake City--Draper Light Rail Extension.
(57) Salt Lake City--West Jordan Light Rail Extension.
(58) San Francisco--CalTrain Extension to Hollister.
(59) Scranton--Laurel Line Intermodal Corridor.
(60) SEATAC--Personal Rapid Transit.
(61) Toledo--CBD to Zoo.
(62) Union Township Station (Raritan Valley Line).
(63) Washington County Corridor (Hastings-St. Paul).
(64) Washington, D.C.--Georgetown-Ft. Lincoln.
(65) Williamsburg--Newport News-Hampton LRT.
(66) Cincinnati/N. Kentucky--Northeast Corridor.
(67) Northeast Ohio--commuter rail.
(68) California--North Bay Commuter Rail.
(c) Project Authorizations.--
(1) In general.--Of the total amount made available by or
authorized under section 5338(b) of title 49, United States
Code, to carry out section 5309(m)(1)(B) for fiscal years
1998 through 2003:
(A) $3,000,000,000 shall be available for the following
projects:
(i) Birmingham Transit Corridor, $87,500,000.
(ii) San Diego-Mission Valley East Corridor, $325,000,000.
(iii) Denver-Southeast LRT (I-25 between 6th and Lincoln),
$10,000,000.
(iv) Colorado-Roaring Fork Valley Rail, $40,000,000.
(v) Hartford-Griffin Line, $33,000,000.
(vi) Bridgeport-Intermodal Corridor, $34,000,000.
(vii) New London-Waterfront Access, $15,000,000.
(viii) Old Saybrook-Hartford Rail Extension, $5,000,000.
(ix) Stamford-Fixed Guideway Connector, $18,000,000.
(x) Orlando-I-4 Central Florida Light Rail System,
$100,000,000.
(xi) Miami-Palmetto Metrorail, $8,000,000.
(xii) Tampa Bay-Regional Rail, $2,000,000.
(xiii) Fort Lauderdale-West Palm Beach-Miami Tri-County
Commuter Rail, $20,000,000.
(xiv) Miami-East-West Multimodal Corridor, $20,000,000.
(xv) Chicago-CTA Douglas Branch, $315,000,000.
(xvi) Indianapolis Region Commuter Rail, $10,000,000.
(xvii) Sioux City-Light Rail, $10,000,000.
(xviii) MARC-Commuter Rail Improvements, $185,000,000.
(xix) Baltimore-Light Rail Double Track, $120,000,000.
(xx) Boston-North Shore Corridor and Blue Line Extension to
Beverly, $50,000,000.
(xxi) Twin Cities-Transitways Corridors, $120,000,000.
(xxii) Twin Cities-Northstar Corridor (Downtown
Minneapolis-Anoka County-St. Cloud), $6,000,000.
(xxiii) I-35 Commuter Rail, $30,000,000.
(xxiv) Las Vegas Corridor, $155,000,000.
(xxv) New Jersey-Bergen County Cross County Light Rail,
$5,000,000.
(xxvi) New Jersey-Trans Hudson Midtown Corridor,
$5,000,000.
(xxvii) Santa Fe-Eldorado Rail Link, $10,000,000.
(xxviii) Albuquerque Alvarado Intermodal Center,
$5,000,000.
(xxix) Albuquerque Light Rail, $90,000,000.
(xxx) New York-Long Island Railroad East Side Access,
$353,000,000.
(xxxi) New York-Second Avenue Subway, $5,000,000.
(xxxii) New York-Whitehall Ferry Terminal, $40,000,000.
(xxxiii) New York-St. George's Ferry Intermodal Terminal,
$20,000,000.
(xxxiv) New York-Nassau Hub, $10,000,000.
(xxxv) New Jersey-New York Midtown West Ferry Terminal,
$16,300,000.
(xxxvi) Cincinnati/Northern Kentucky Corridor, $65,000,000.
(xxxvii) Portland South-North Corridor, $25,000,000.
(xxxviii) Philadelphia-Schuylkill Valley Metro,
$75,000,000.
(xxxix) Allegheny County Stage II Light Rail, $100,200,000.
(xl) Philadelphia-Pittsburgh High Speed Rail, $10,000,000.
(xli) Cumberland/Dauphin County Corridor 1 Commuter Rail,
$20,000,000.
(xlii) Pittsburgh North Shore-Central Business District,
$20,000,000.
(xliii) Providence-Boston Commuter, $10,000,000.
(xliv) Rhode Island Integrated Intermodal Transportation,
$25,000,000.
(xlv) Dallas-North Central Extension, $188,000,000.
(xlvi) Dallas-Southeast Corridor, $20,000,000.
(xlvii) Dallas-Northwest Corridor, $12,000,000.
(xlviii) Washington, D.C., Dulles Corridor Extension,
$86,000,000.
(xlix) Seattle-Tacoma Commuter Rail, $40,000,000.
(l) San Joaquin Regional Intermodal Corridor, $14,000,000.
(li) Railtran Corridor Light Rail, $12,000,000.
(B) The remainder shall be available for projects listed in
subsections (a) and (b).
(2) Additional funds.--
(A) In general.--The total amount authorized in section
5338(h)(5) of title 49, United States Code, for fiscal years
1999 through 2003 shall be available for projects listed in
subsections (a) and (b).
(B) Priority for salt lake city olympics.--
(i) In general.--Of the amount authorized to be
appropriated under section 5338(h)(5), $640,000,000 is
authorized to be appropriated for the Salt Lake City Winter
Olympic Games for the following projects:
(I) North/South Light Rail.
(II) Airport to University of Utah Light Rail.
(III) Intermodal Facilities.
(IV) Park and Ride Lots.
(V) Bus Acquisition.
(ii) Government share.--The Government share of the costs
of projects assisted under this subparagraph shall not exceed
80 percent. For purposes of determining the nongovernmental
share for projects authorized under this subparagraph,
highway, aviation, and transit projects shall be considered
to be a program of projects.
(iii) Use of funds.--Funds provided under this subparagraph
shall be available for planning and capital assistance.
(3) High priority project.--The Long Island Rail Road East
Side Access project shall be given priority consideration by
the Secretary for funds made available under paragraph
(1)(B). In addition, that project is authorized for
construction with funds available under section 5338(h)(5) of
title 49, United States Code.
(d) Effect of Authorization.--
(1) In general.--
(A) Subsection (a) projects.--Projects authorized by
subsection (a) for final design and construction are also
authorized for alternatives analysis and preliminary
engineering.
(B) Subsection (b) projects.--Effective October 1, 2000,
projects authorized by subsection (b) for alternatives
analysis and preliminary engineering are also authorized for
final design and construction.
(2) Fixed guideway authorization.--The project authorized
by subsection (a)(3) includes an additional 28 rapid rail
cars and project scope changes from amounts authorized by the
Intermodal Surface Transportation Efficiency Act of 1991.
(3) Intermodal center authorizations.--Notwithstanding any
other provision of law, each of the following projects are
eligible for funding under section 5309(m)(1)(C) of title 49,
United States Code:
(A) Huntington, West Virginia Intermodal Facility project.
(B) Huntsville Intermodal Center project.
(e) New Jersey Urban Core Project.--
(1) Allocations.--Section 3031(a) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2122) is
amended by adding at the end the following:
``(3) Allocations.--
``(A) Rail connection between penn station newark and broad
street station, newark.--Of the amounts made available for
the New Jersey Urban Core Project under section 5309(m)(1)(B)
of title 49, United States Code, for fiscal years 1998
through 2003, the Secretary shall set aside 10 percent, but
not more than $5,000,000, per fiscal year for preliminary
engineering, design, and construction of the rail connection
between Penn Station, Newark and Broad Street Station,
Newark.
``(B) Newark--newark international airport--elizabeth
transit link.--Of the amounts made available for the New
Jersey Urban Core Project under section 5309(m)(1)(B) of
title 49, United States Code, for fiscal years 1998 through
2003, the Secretary, after making the set aside under
subparagraph (A), shall set aside 10 percent, but not more
than $5,000,000, per fiscal year for preliminary engineering,
design, and construction of the Newark--Newark International
Airport--Elizabeth Transit Link, including construction of
the auxiliary New Jersey Transit station, described in
subsection (d).
``(C) Light rail connection and alignment within and
serving the city of elizabeth.--
[[Page H3864]]
Of amounts made available for the New Jersey Urban Core
Project under section 5309(m)(1)(B) of title 49, United
States Code, for fiscal years 1998 through 2003, the
Secretary, after making the set-aside under subparagraphs (A)
and (B), shall set aside 10 percent but not more than
$5,000,000 per fiscal year for preliminary engineering,
design, and construction of the light rail connection and
alignment within and serving the city of Elizabeth as
described in subsection (d).''.
(2) Conforming amendment.--Section 3031(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2122) is amended--
(A) by striking ``section 3(i) of the Federal Transit Act
(relating to criteria for new starts)'' and inserting
``section 5309(e) of title 49, United States Code,''; and
(B) by striking ``; except'' and all that follows through
``such element''.
(3) Elements of new jersey urban core project.--Section
3031(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2122) is amended--
(A) by inserting after ``Secaucus Transfer'' the following:
``(including relocation and construction of the Bergen County
and Pascack Valley Rail Lines and the relocation of the Main/
Bergen Connection with construction of a rail station and
associated components to and at the contiguous New Jersey
Meadowlands Sports Complex)'';
(B) by striking ``, Newark-Newark International Airport-
Elizabeth Transit Link'' and inserting ``(including a
connection from the Vince Lombardi Station to Saddlebrook and
Edgewater), restoration of commuter rail service along the
Northern Branch Line of the West Shore Line, Newark-Newark
International Airport-Elizabeth Transit Link (including
construction of an auxiliary New Jersey Light Rail Transit
station directly connected to and integrated with the Amtrak
Northeast Corridor Station at Newark International Airport,
providing access from the Newark-Newark International
Airport-Elizabeth Light Rail Transit Link to the Newark
International Airport)''; and
(C) by inserting after ``New York Penn Station Concourse,''
the following: ``the restoration of commuter rail service in
Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as
described in section 3035(p) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2131), a
light rail extension of the Newark-Newark International
Airport-Elizabeth Light Rail Transit Link from Elizabeth, New
Jersey, to the towns of Cranford, Westfield, Fanwood, and
Plainfield in Union County, New Jersey, and any appropriate
light rail connections and alignments within the city of
Elizabeth to be determined by the city of Elizabeth and the
New Jersey Department of Transportation (and which shall
include connecting midtown Elizabeth to Route 1 Park and
Ride, the Elizabeth Car House Museum, Division Street, Singer
Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to
Lot D at Newark Airport) and any appropriate fixed guideway
system in Passaic County,''.
(f) Los Angeles MOS-3 Project.--
(1) In general.--For purposes of this section, the Los
Angeles MOS-3 project referenced in subsection (a)(38) may
include any fixed guideway project or projects selected by
the Los Angeles County Metropolitan Transportation Authority
for development in the transportation corridors to be served
by the 3 extensions of MOS-3 of the Los Angeles County Metro
Rail project, as described in section 3034(i) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) Alternatives.--In considering fixed guideway
alternatives and selecting any revised preferred alternative
in the East Side or Mid City corridors of MOS-3, the Los
Angeles County Metropolitan Transportation Authority shall--
(A) fully evaluate the potential impact of the alternatives
on the integrity of the neighborhoods in the corridor
involved;
(B) address the capacity of the alternatives to serve
transit dependent riders;
(C) identify and address any disproportionately high and
adverse effects on minority and low income populations, in
accordance with the Executive Order on Federal Actions to
Address Environmental Justice (EO 12898; February 11, 1994);
and
(D) otherwise comply with all applicable Federal and State
planning and environmental requirements.
(g) Baltimore-Washington Transportation Improvements
Program.--Section 3035(nn) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2134) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, and alternatives for double tracking
and related improvements'' after ``Penn Station extensions'';
(B) by inserting ``shall provide for double tracking and
related improvements and'' after ``under this paragraph'';
and
(C) by inserting after the first sentence the following:
``Funds for projects under this paragraph shall be provided
at an 80 percent Government share. In applying the local
share evaluation criteria in section 5309, of title 49,
United States Code, the Secretary shall compare the aggregate
expenditure of State and local funds, including Federal
highway funds provided by the State of Maryland, for all
phases of the Central Corridor Light Rail project.''; and
(2) in paragraph (2)--
(A) in the first sentence, by inserting ``, including
capacity and efficiency improvements through construction of
a Penn-Camden Connection, MARC maintenance and storage
facilities, and other capacity related improvements, and the
Silver Spring Intermodal Center'' before the period; and
(B) in the second sentence, by inserting ``provide for
construction of the Penn-Camden Connection, MARC maintenance
and storage facilities, and other capacity related
improvements, and the Silver Spring Intermodal Center, and
shall'' after ``shall''.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.
(a) Guaranteed Funding.--Of the amounts made available to
carry out section 5309(m)(1)(C) of title 49, United States
Code, for each of fiscal years 1999 and 2000, the Secretary
shall make funds available for the following projects in not
less than the amounts specified for the fiscal year:
------------------------------------------------------------------------
FY 1999 FY 2000
Project (in (in
millions) millions)
------------------------------------------------------------------------
1. Albuquerque, NM buses........................ 1.250 1.250
2. Alexandria, VA bus maintenance facility...... 1.000 1.000
3. Alexandria, VA King Street Station access.... 1.100 0.000
4. Altoona, PA Metro Transit Authority buses and
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
[[Page H3865]]
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
operation administrative functions on cost, availability
and level of service, efficiency, safety, quality of
services provided to transit-dependent populations, and
employer-employee relations.
(b) Terms of Agreement.--The agreement entered into in
subsection (a) shall provide that--
(1) the Transportation Research Board, in conducting the
study, consider the number of grant recipients that have
contracted out services, the size of the population served by
such grant recipients, the basis for decisions regarding
contracting out, and the extent to which contracting out was
affected by the integration and coordination of resources of
transit agencies and other Federal agencies and programs; and
(2) the panel conducting the study shall include
representatives of transit agencies, employees of transit
agencies, private contractors, academic and policy analysts,
and other interested persons.
(c) Report.--Not later than 24 months after the date of
entry into the agreement under subsection (a), the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing the results of the study.
(d) Funding.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out this
section $250,000 for fiscal year 1998.
(e) Contractual Obligation.--Entry into an agreement to
carry out this section that is financed with amounts made
available under subsection (c) is a contractual obligation of
the United States to pay the Government's share of the cost
of the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY.
(a) Study.--The Secretary shall conduct a study to
determine whether the formula for apportioning funds to
urbanized areas under section 5336 of title 49, United States
Code, accurately reflects the transit needs of the urbanized
areas and, if not, whether any changes should be made either
to the formula or through some other mechanism to reflect the
fact that some urbanized areas with a population between
50,000 and 200,000 have transit systems that carry more
passengers per mile or hour than the average of those transit
systems in urbanized areas with a population over 200,000.
(b) Report.--Not later than December 31, 1999, the
Secretary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report on the results of the study conducted under
this section, together with any proposed changes to the
method for apportioning funds to urbanized areas with a
population over 50,000.
SEC. 3034. COORDINATED TRANSPORTATION SERVICES.
(a) Study.--The Comptroller General shall conduct a study
of Federal departments and agencies (other than the
Department of Transportation) that receive Federal financial
assistance for non-emergency transportation services.
(b) Contents.--In conducting the study, the Comptroller
General shall--
(1) identify each Federal department and agency (other than
the Department of Transportation) that has received Federal
financial assistance for non-emergency transportation
services in any of the 3 fiscal years preceding the date of
enactment of this Act;
(2) identify the amount of such assistance received by each
Federal department and agency in such fiscal years; and
(3) identify the projects and activities funded using such
financial assistance.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report containing
the results of the study and any recommendations for enhanced
coordination between the Department of Transportation and
other Federal departments and agencies that provide funding
for non-emergency transportation.
SEC. 3035. FINAL ASSEMBLY OF BUSES.
(a) In General.--All buses manufactured on or after
September 1, 1999, that are purchased with Federal funds by
recipients of assistance from the Federal Transit
Administration shall conform with the Federal Transit
Administration Guidance on Buy America Requirements, dated
March 18, 1997.
(b) Rule of Construction.--For purposes of this section, a
bus shall be considered to be manufactured on or after
September 1, 1999, if the manufacturing process for that bus
is not completed on or before August 31, 1999.
SEC. 3036. CLEAN FUEL VEHICLES.
(a) Study.--The Comptroller General shall conduct a study
of the various low and zero emission fuel technologies for
transit vehicles, including compressed natural gas, liquefied
natural gas, biodiesel fuel, battery, alcohol based fuel,
hybrid electric, fuel cell, and clean diesel to determine--
(1) the status of the development and use of such
technologies;
(2) the environmental benefits of such technologies under
the Clean Air Act; and
(3) the cost of such technologies and any associated
equipment.
(b) Report.--Not later than January 1, 2000, the
Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing and
Urban Affairs of the Senate a report on the results of the
study, together with recommendations for incentives to
encourage the use of low and zero emission fuel technology
for transit vehicles.
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.
(a) Findings.--Congress finds that--
(1) two-thirds of all new jobs are in the suburbs, whereas
three-quarters of welfare recipients live in rural areas or
central cities;
(2) even in metropolitan areas with excellent public
transit systems, less than half of the jobs are accessible by
transit;
(3) in 1991, the median price of a new car was equivalent
to 25 weeks of salary for the average worker, and
considerably more for the low-income worker;
(4) not less than 9,000,000 households and 10,000,000
Americans of driving age, most of whom are low-income
workers, do not own cars;
(5) 94 percent of welfare recipients do not own cars;
(6) nearly 40 percent of workers with annual incomes below
$10,000 do not commute by car;
[[Page H3866]]
(7) many of the 2,000,000 Americans who will have their
Temporary Assistance to Needy Families grants (under the
State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)) terminated by the year
2002 will be unable to get to jobs they could otherwise hold;
(8) increasing the transit options for low-income workers,
especially those who are receiving or who have recently
received welfare benefits, will increase the likelihood of
those workers getting and keeping jobs; and
(9) many residents of cities and rural areas would like to
take advantage of mass transit to gain access to suburban
employment opportunities.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Eligible low-income individual.--The term ``eligible
low-income individual'' means an individual whose family
income is at or below 150 percent of the poverty line (as
that term is defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section) for a family of the size
involved.
(2) Eligible project and related terms.--
(A) In general.--The term ``eligible project'' means an
access to jobs project or a reverse commute project.
(B) Access to jobs project.--The term ``access to jobs
project'' means a project relating to the development of
transportation services designed to transport welfare
recipients and eligible low-income individuals to and from
jobs and activities related to their employment. The
Secretary may make access to jobs grants for--
(i) capital projects and to finance operating costs of
equipment, facilities, and associated capital maintenance
items related to providing access to jobs under this section;
(ii) promoting the use of transit by workers with
nontraditional work schedules;
(iii) promoting the use by appropriate agencies of transit
vouchers for welfare recipients and eligible low-income
individuals under specific terms and conditions developed by
the Secretary; and
(iv) promoting the use of employer-provided transportation,
including the transit pass benefit program under section 132
of the Internal Revenue Code of 1986.
(C) Reverse commute project.--The term ``reverse commute
project' means a project related to the development of
transportation services designed to transport residents of
urban areas, urbanized areas, and areas other than urbanized
areas to suburban employment opportunities, including any
project to--
(i) subsidize the costs associated with adding reverse
commute bus, train, carpool, van routes, or service from
urban areas, urbanized areas, and areas other than urbanized
areas, to suburban workplaces;
(ii) subsidize the purchase or lease by a nonprofit
organization or public agency of a van or bus dedicated to
shuttling employees from their residences to a suburban
workplace; or
(iii) otherwise facilitate the provision of mass
transportation services to suburban employment opportunities.
(3) Existing transportation service providers.--The term
``existing transportation service providers'' means mass
transportation operators and governmental agencies and
nonprofit organizations that receive assistance from Federal,
State, or local sources for nonemergency transportation
services.
(4) Qualified entity.--The term ``qualified entity''
means--
(A) with respect to any proposed eligible project in an
urbanized area with a population of at least 200,000, the
applicant or applicants selected by the appropriate
metropolitan planning organization that meets the
requirements of this section, including the planning and
coordination requirements in subsection (i), from among local
governmental authorities and agencies and nonprofit
organizations; and
(B) with respect to any proposed eligible project in an
urbanized area with a population of at least 200,000, or an
area other than an urbanized area, the applicant or
applicants selected by the chief executive officer of the
State in which the area is located that meets the
requirements of this section, including the planning and
coordination requirements in subsection (i), from among local
governmental authorities and nonprofit organizations.
(5) Welfare recipient.--The term ``welfare recipient''
means an individual who receives or received aid or
assistance under a State program funded under part A of title
IV of the Social Security Act (whether in effect before or
after the effective date of the amendments made by title I of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2110)) at any time during the 3-year period before the date
on which the applicant applies for a grant under this
section.
(c) General Authority.--
(1) In general.--The Secretary may make access to jobs
grants and reverse commute grants under this section to
assist qualified entities in financing eligible projects.
(2) Coordination.--The Secretary shall coordinate
activities under this section with related activities under
programs of other Federal departments and agencies.
(d) Applications.--Each qualified entity seeking to receive
a grant under this section for an eligible project shall
submit to the Secretary an application in such form and in
accordance with such requirements as the Secretary shall
establish.
(e) Prohibition.--Grants awarded under this section may not
be used for planning or coordination activities.
(f) Factors for Consideration.--In awarding grants under
this section to applicants under subsection (d), the
Secretary shall consider--
(1) the percentage of the population in the area to be
served by the applicant that are welfare recipients;
(2) in the case of an applicant seeking assistance to
finance an access to jobs project, the need for additional
services in the area to be served by the applicant (including
bicycling) to transport welfare recipients and eligible low-
income individuals to and from specified jobs, training, and
other employment support services, and the extent to which
the proposed services will address those needs;
(3) the extent to which the applicant demonstrates--
(A) coordination with, and the financial commitment of,
existing transportation service providers; and
(B) coordination with the State agency that administers the
State program funded under part A of title IV of the Social
Security Act;
(4) the extent to which the applicant demonstrates maximum
utilization of existing transportation service providers and
expands transit networks or hours of service, or both;
(5) the extent to which the applicant demonstrates an
innovative approach that is responsive to identified service
needs;
(6) the extent to which the applicant--
(A) in the case of an applicant seeking assistance to
finance an access to jobs project, presents a regional
transportation plan for addressing the transportation needs
of welfare recipients and eligible low-income individuals;
and
(B) identifies long-term financing strategies to support
the services under this section;
(7) the extent to which the applicant demonstrates that the
community to be served has been consulted in the planning
process; and
(8) in the case of an applicant seeking assistance to
finance a reverse commute project, the need for additional
services identified in a regional transportation plan to
transport individuals to suburban employment opportunities,
and the extent to which the proposed services will address
those needs.
(g) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a
competitive basis.
(h) Cost Sharing.--
(1) Maximum amount.--The amount of a grant under this
section may not exceed 50 percent of the total project cost.
(2) Nongovernmental share.--
(A) In general.--The portion of the total cost of an
eligible project that is not funded under this section--
(i) shall be provided in cash from sources other than
revenues from providing mass transportation, but may include
amounts received under a service agreement; and
(ii) may be derived from amounts appropriated to or made
available to a department or agency of the Federal Government
(other than the Department of Transportation) that are
eligible to be expended for transportation.
(B) Inapplicability.--For purposes of subparagraph (A)(ii),
the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(ii) of the Social
Security Act shall not apply to Federal or State funds to be
used for transportation services.
(i) Planning Requirements.--
(1) In general.--The requirements of sections 5303 through
5306 of title 49, United States Code, apply to any grant made
under this section.
(2) Coordination.--Each application for a grant under this
section shall reflect coordination with and the approval of
affected transit grant recipients. The eligible access to
jobs projects financed under this section shall be part of a
coordinated public transit-human services transportation
planning process.
(j) Grant Requirements.--A grant under this section shall
be subject to--
(1) all of the terms and conditions to which a grant made
under section 5307 of title 49, United States Code, is
subject; and
(2) such other terms and conditions as are determined by
the Secretary.
(k) Program Evaluation.--
(1) Comptroller general.--Beginning 6 months after the date
of enactment of this Act, and every 6 months thereafter, the
Comptroller General of the United States shall--
(A) conduct a study to evaluate the grant program
authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report describing the results of each study under
subparagraph (A).
(2) Department of transportation.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall--
(A) conduct a study to evaluate the access to jobs grant
program authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the study under
subparagraph (A).
(l) Authorization and Allocation.--
(1) In general.--
(A) From the trust fund.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
this section--
(i) $40,000,000 for fiscal year 1999;
(ii) $60,000,000 for fiscal year 2000;
(iii) $80,000,000 for fiscal year 2001;
(iv) $100,000,000 for fiscal year 2002; and
(v) $120,000,000 for fiscal year 2003.
(B) From the general fund.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out this section--
(i) $10,000,000 for fiscal year 1999;
(ii) $15,000,000 for fiscal year 2000;
(iii) $20,000,000 for fiscal year 2001;
[[Page H3867]]
(iv) $25,000,000 for fiscal year 2002; and
(v) $30,000,000 for fiscal year 2003.
(C) Additional amounts from the general fund.--In addition
to amounts made available under subparagraphs (A) and (B),
there are authorized to be appropriated to carry out this
section--
(i) $100,000,000 for fiscal year 1999;
(ii) $75,000,000 for fiscal year 2000;
(iii) $50,000,000 for fiscal year 2001; and
(iv) $25,000,000 for fiscal year 2002.
(2) Set-aside for reverse commute projects.--Of amounts
made available by or appropriated under subparagraphs (A) and
(B) of paragraph (1) to carry out this section in each fiscal
year, not more than $10,000,000 shall be used for grants for
reverse commute projects.
(3) Allocation.--The amounts made available by or
appropriated under paragraph (1) to carry out this section in
each fiscal year shall be allocated as follows:
(A) 60 percent shall be allocated for eligible projects in
urbanized areas with populations of at least 200,000.
(B) 20 percent shall be allocated for eligible projects in
urbanized areas with populations of at least 200,000.
(C) 20 percent shall be allocated for eligible projects in
areas other than urbanized areas.
SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE
PROGRAM.
(a) Definitions.--In this section, the following
definitions apply:
(1) Intercity, fixed-route over-the-road bus service.--The
term ``intercity, fixed-route over-the-road bus service''
means regularly scheduled bus service for the general
public, using an over-the-road bus, that--
(A) operates with limited stops over fixed routes
connecting 2 or more urban areas not in close proximity;
(B) has the capacity for transporting baggage carried by
passengers; and
(C) makes meaningful connections with scheduled intercity
bus service to more distant points.
(2) Other over-the-road bus service.--The term ``other
over-the-road bus service'' means any other transportation
using over-the-road buses including local fixed-route
service, commuter service, and charter or tour service
(including tour or excursion service that includes features
in addition to bus transportation such as meals, lodging,
admission to points of interest or special attractions or the
services of a tour guide).
(3) Over-the-road bus.--The term ``over-the-road bus''
means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(b) General Authority.--The Secretary shall make grants
under this section to operators of over-the-road buses to
finance the incremental capital and training costs of
complying with the Department of Transportation's final rule
regarding accessibility of over-the-road buses required by
section 306(a)(2)(B) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12186(a)(2)(B)).
(c) Grant Criteria.--In selecting applicants for grants
under this section, the Secretary shall consider--
(1) the identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the
applicant;
(2) the extent to which the applicant demonstrates
innovative strategies and financial commitment to providing
access to over-the-road buses to persons with disabilities;
(3) the extent to which the over-the-road bus operator
acquires equipment required by the final rule prior to any
required timeframe in the final rule;
(4) the extent to which financing the costs of complying
with the Department of Transportation's final rule regarding
accessibility of over-the-road buses presents a financial
hardship for the applicant; and
(5) the impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of the requirements on service
to rural areas and for low-income individuals.
(d) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a
competitive basis.
(e) Federal Share of Costs.--The Federal share of costs
under this section shall be provided from funds made
available to carry out this section. The Federal share of the
costs for a project shall not exceed 50 percent of the
project cost.
(f) Grant Requirements.--A grant under this section shall
be subject to all of the terms and conditions applicable to
subrecipients who provide intercity bus transportation under
section 5311(f) of title 49, United States Code, and such
other terms and conditions as the Secretary may prescribe.
(g) Funding.--
(1) Intercity, fixed-route over-the-road bus service.--Of
amounts made available by or appropriated under section
5338(a)(2) of title 49, United States Code, (before
allocation under section 5338(a)(2)(C) of that title) the
following amounts shall be available for operators of
intercity, fixed-route over-the-road bus service to finance
the incremental capital and training costs of the Department
of Transportation's final rule regarding accessibility of
over-the-road buses:
(A) $2,000,000 for fiscal year 1999.
(B) $2,000,000 for fiscal year 2000.
(C) $3,000,000 for fiscal year 2001.
(D) $5,250,000 for fiscal year 2002.
(E) $5,250,000 for fiscal year 2003.
(2) Other over-the-road bus service.--Of amounts made
available by or appropriated under section 5338(a)(2) of
title 49, United States Code, (before allocation under
section 5338(a)(2)(C) of that title) $6,800,000 shall be
available for each of fiscal years 2000 through 2003 for
operators of other over-the-road bus service to finance the
incremental capital and training costs of the Department of
Transportation's final rule regarding accessibility of over-
the-road buses.
SEC. 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND
RELATED PUBLIC LANDS.
(a) Purposes.--The purposes of this section are to
encourage and promote the development of transportation
systems for the betterment of the national parks and other
units of the National Park System, national wildlife refuges,
recreational areas, and other public lands in order to
conserve natural, historical, and cultural resources and
prevent adverse impact, relieve congestion, minimize
transportation fuel consumption, reduce pollution (including
noise and visual pollution), and enhance visitor mobility and
accessibility and the visitor experience.
(b) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of the Interior, shall undertake a comprehensive
study of alternative transportation needs in national parks
and related public lands managed by Federal land management
agencies in order to carry out the purposes described in
subsection (a). The study shall be submitted to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than January 1, 2000.
(2) Study elements.--The study required by paragraph (1)
shall--
(A) identify transportation strategies that improve the
management of the national parks and related public lands;
(B) identify national parks and related public lands with
existing and potential problems of adverse impact, high
congestion, and pollution, or which can benefit from
alternative transportation modes;
(C) assess the feasibility of alternative transportation
modes; and
(D) identify and estimate the costs of alternative
transportation modes for each of the national parks and
related public lands referred to in paragraph (1).
SEC. 3040. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Mass
Transit Account of the Highway Trust Fund by, and amounts
appropriated under, subsections (a) through (f) of section
5338 of title 49, United States Code, and subparagraphs (A)
and (B) of section 3037(l)(1) of this Act, shall not exceed--
(1) $5,315,000,000 in fiscal year 1999;
(2) $5,798,000,000 in fiscal year 2000;
(3) $6,271,000,000 in fiscal year 2001;
(4) $6,746,000,000 in fiscal year 2002; and
(5) $7,226,000,000 in fiscal year 2003.
SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION
EXTENSION ACT OF 1997.
(a) In General.--Notwithstanding any other provision of
law, the Secretary shall ensure that the total apportionments
and allocations made to a designated grant recipient under
section 5338 of title 49, United States Code, for fiscal year
1998 shall be reduced by the amount apportioned to such
designated recipient pursuant to section 8 of the Surface
Transportation Extension Act of 1997 (111 Stat. 2559).
(b) Fixed Guideway Modernization Adjustment.--In making the
apportionments described in subsection (a), the Secretary
shall adjust the amount apportioned to each urbanized area
for fixed guideway modernization for fiscal year 1998 to
reflect the method for apportioning funds in section 5337(a)
of title 49, United States Code.
TITLE IV--MOTOR CARRIER SAFETY
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 4002. STATEMENT OF PURPOSES.
(a) In General.--Chapter 311 is amended by inserting before
section 31101 the following:
``Sec. 31100. Purpose
``The purpose of this subchapter is to ensure that the
Secretary, States, and other political jurisdictions work in
partnership to establish programs to improve motor carrier,
commercial motor vehicle, and driver safety to support a safe
and efficient transportation system by--
``(1) focusing resources on strategic safety investments to
promote safe for-hire and private transportation, including
transportation of passengers and hazardous materials, to
identify high-risk carriers and drivers, and to invest in
activities likely to generate maximum reductions in the
number and severity of commercial motor vehicle crashes;
``(2) increasing administrative flexibility and developing
and enforcing effective, compatible, and cost-beneficial
motor carrier, commercial motor vehicle, and driver safety
regulations and practices, including improving enforcement of
State and local traffic safety laws and regulations;
``(3) assessing and improving statewide program performance
by setting program outcome goals, improving problem
identification and countermeasures planning, designing
appropriate performance standards, measures, and benchmarks,
improving performance information and analysis systems, and
monitoring program effectiveness;
``(4) ensuring that drivers of commercial motor vehicles
and enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
[[Page H3868]]
``(5) advancing promising technologies and encouraging
adoption of safe operational practices.''.
(b) Conforming Amendment.--The analysis for chapter 311 is
amended by inserting before the item relating to section
31101 the following:
``31100. Purpose.''.
SEC. 4003. STATE GRANTS.
(a) Definitions.--Section 31101 is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by striking ``10,000 pounds'' and inserting ``10,001
pounds, whichever is greater''; and
(2) in paragraph (1)(C) by inserting ``and transported in a
quantity requiring placarding under regulations prescribed by
the Secretary under section 5103'' after ``title''.
(b) Performance-Based Grants and Hazardous Materials
Transportation Safety.--Section 31102 is amended--
(1) in subsection (a)--
(A) by inserting ``improving motor carrier safety and''
after ``programs for''; and
(B) by inserting ``, hazardous materials transportation
safety,'' after ``commercial motor vehicle safety''; and
(2) in the first sentence of paragraph (b)(1)--
(A) by striking ``adopt and assume responsibility for
enforcing'' and inserting ``assume responsibility for
improving motor carrier safety and to adopt and enforce'';
and
(B) by inserting ``, hazardous materials transportation
safety,'' after ``commercial motor vehicle safety''.
(c) Contents of State Plans.--Section 31102(b)(1) is
amended--
(1) in subparagraph (J) by inserting ``(1)'' after ``(c)'';
(2) by striking subparagraphs (K), (L), and (M) and
inserting the following:
``(K) ensures that the State agency will coordinate the
plan, data collection, and information systems with State
highway safety programs under title 23;
``(L) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions
receiving funding under this section;
``(M) ensures that information is exchanged among the
States in a timely manner;'';
(3) in subparagraph (O)--
(A) by inserting after ``activities'' the following: ``in
support of national priorities and performance goals,
including'';
(B) by striking ``to remove'' in clause (i) and inserting
``activities aimed at removing'';
(C) by striking ``to provide'' in clause (ii) and inserting
``activities aimed at providing'';
(D) by inserting ``and'' after the semicolon at the end of
clause (ii); and
(E) by striking clauses (iii) and (iv) and inserting the
following:
``(iii) interdiction activities affecting the
transportation of controlled substances by commercial motor
vehicle drivers and training on appropriate strategies for
carrying out those interdiction activities;'';
(4) by striking subparagraph (P) and inserting the
following:
``(P) provides that the State will establish a program to
ensure the proper and timely correction of commercial motor
vehicle safety violations noted during an inspection carried
out with funds authorized under section 31104;'';
(5) in subparagraph (Q)--
(A) by striking ``31140 and 31146'' and inserting ``31138
and 31139''; and
(B) by striking the period at the end and inserting a
semicolon;
(6) by redesignating subparagraphs (A) through (Q) as
subparagraphs (B) through (R), respectively;
(7) by inserting before subparagraph (B) (as redesignated
by paragraph (6) of this subsection) the following:
``(A) implements performance-based activities by fiscal
year 2000;''; and
(8) by adding at the end the following:
``(S) ensures consistent, effective, and reasonable
sanctions; and
``(T) ensures that roadside inspections will be conducted
at a location that is adequate to protect the safety of
drivers and enforcement personnel.''.
(d) Federal Share.--Section 31103 is amended--
(1) by inserting ``(a) Commercial Motor Vehicle Safety
Programs and Enforcement.--'' before ``The Secretary of
Transportation'';
(2) by inserting ``improve commercial motor vehicle safety
and'' before ``enforce''; and
(3) by adding at the end the following:
``(b) Other Activities.--The Secretary may reimburse State
agencies, local governments, or other persons up to 100
percent for public education activities authorized by section
31104(f)(2).''.
(e) Authorization of Appropriations.--Section 31104(a) is
amended to read as follows:
``(a) In General.--The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur
obligations to carry out section 31102:
``(1) Not more than $79,000,000 for fiscal year 1998.
``(2) Not more than $90,000,000 for fiscal year 1999.
``(3) Not more than $95,000,000 for fiscal year 2000.
``(4) Not more than $100,000,000 for fiscal year 2001.
``(5) Not more than $105,000,000 for fiscal year 2002.
``(6) Not more than $110,000,000 for fiscal year 2003.''.
(f) Conforming Amendment.--Section 31104(b) is amended by
striking ``(1)'' and by striking paragraph (2).
(g) Allocation Criteria and Eligibility.--Section 31104 is
further amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f) Allocation Criteria and Eligibility.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that date as practicable and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States with plans approved under
section 31102. Such allocation shall be made under such
criteria as the Secretary prescribes by regulation.
``(2) High-priority and border activities.--
``(A) High-priority activities and projects.--The Secretary
may designate up to 5 percent of amounts available for
allocation under paragraph (1) for States, local governments,
and other persons for carrying out high priority activities
and projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations,
including activities and projects that are national in scope,
increase public awareness and education, or demonstrate new
technologies. The amounts designated under this subparagraph
shall be allocated by the Secretary to State agencies, local
governments, and other persons that use and train qualified
officers and employees in coordination with State motor
vehicle safety agencies.
``(B) Border commercial motor vehicle safety and
enforcement programs.--The Secretary may designate up to 5
percent of amounts available for allocation under paragraph
(1) for States, local governments, and other persons for
carrying out border commercial motor vehicle safety programs
and enforcement activities and projects. The amounts
designated under this subparagraph shall be allocated by the
Secretary to State agencies, local governments, and other
persons that use and train qualified officers and employees
in coordination with State motor vehicle safety agencies.'';
(2) by redesignating subsection (h) as subsection (g);
(3) by striking subsection (i); and
(4) by redesignating subsection (j) as subsection (h).
(h) Savings Clause.--Amendments made by this section shall
not affect any funds made available before the date of
enactment of this Act.
SEC. 4004. INFORMATION SYSTEMS.
(a) In General.--Section 31106 is amended to read as
follows:
``Sec. 31106. Information systems
``(a) Information Systems and Data Analysis.--
``(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate motor
carrier, commercial motor vehicle, and driver information
systems and data analysis programs to support safety
regulatory and enforcement activities required under this
title.
``(2) Network coordination.--In cooperation with the
States, the information systems under this section shall be
coordinated into a network providing accurate identification
of motor carriers and drivers, commercial motor vehicle
registration and license tracking, and motor carrier,
commercial motor vehicle, and driver safety performance data.
``(3) Data analysis capacity and programs.--The Secretary
shall develop and maintain under this section data analysis
capacity and programs that provide the means to--
``(A) identify and collect necessary motor carrier,
commercial motor vehicle, and driver data;
``(B) evaluate the safety fitness of motor carriers and
drivers;
``(C) develop strategies to mitigate safety problems and to
use data analysis to address and measure the effectiveness of
such strategies and related programs;
``(D) determine the cost-effectiveness of Federal and State
safety compliance and enforcement programs and other
countermeasures; and
``(E) adapt, improve, and incorporate other information and
information systems as the Secretary determines appropriate.
``(4) Standards.--To implement this section, the Secretary
shall prescribe technical and operational standards to
ensure--
``(A) uniform, timely, and accurate information collection
and reporting by the States and other entities as determined
appropriate by the Secretary;
``(B) uniform Federal, State, and local policies and
procedures necessary to operate the information system; and
``(C) the reliability and availability of the information
to the Secretary and States.
``(b) Performance and Registration Information Program.--
``(1) Information clearinghouse.--The Secretary shall
include, as part of the motor carrier information system
authorized by this section, a program to establish and
maintain a clearinghouse and repository of information
related to State registration and licensing of commercial
motor vehicles, the registrants of such vehicles, and the
motor carriers operating such vehicles. The clearinghouse and
repository may include information on the safety fitness of
each of the motor carriers and registrants and other
information the Secretary considers appropriate, including
information on motor carrier, commercial motor vehicle, and
driver safety performance.
``(2) Design.--The program shall link Federal motor carrier
safety information systems with State driver and commercial
vehicle registration and licensing systems and shall be
designed to enable a State to--
``(A) determine the safety fitness of a motor carrier or
registrant when licensing or registering the registrant or
motor carrier or while the license or registration is in
effect; and
``(B) decide, in cooperation with the Secretary, whether
and what types of sanctions or operating limitations to
impose on the motor carrier or registrant to ensure safety.
[[Page H3869]]
``(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the
program, to--
``(A) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the
Secretary under subsection (a)(4); and
``(B) possess or seek authority to impose commercial motor
vehicle registration sanctions on the basis of a Federal
safety fitness determination.
``(4) Funding.--The Secretary may make available up to 50
percent of the amounts available to carry out this section by
section 31107 in each of fiscal years 1998, 1999, 2000, 2001,
2002, and 2003 to carry out this subsection. The Secretary is
encouraged to direct no less than 80 percent of amounts made
available to carry out this subsection to States that have
not previously received financial assistance to develop or
implement the information systems authorized by this section.
``(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309,
the Secretary is authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the
program shall include--
``(1) enhancing the exchange of driver licensing
information among the States, the Federal Government, and
foreign countries;
``(2) providing information to the judicial system on
commercial motor vehicle drivers;
``(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
``(4) developing appropriate strategies and countermeasures
to improve driver safety.
``(d) Cooperative Agreements, Grants, and Contracts.--The
Secretary may carry out this section either independently or
in cooperation with other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into
contracts and cooperative agreements with, States, local
governments, associations, institutions, corporations, and
other persons.
``(e) Information Availability and Privacy Protection
Policy.--The Secretary shall develop a policy on making
information available from the information systems authorized
by this section and section 31309. The policy shall be
consistent with existing Federal information laws, including
regulations, and shall provide for review and correction of
such information in a timely manner.''.
(b) Contract Authority Funding.--Section 31107 is amended
to read as follows:
``Sec. 31107. Contract authority funding for information
systems
``(a) Funding.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title--
``(1) $6,000,000 for fiscal year 1998;
``(2) $10,000,000 for each of fiscal years 1999 and 2000;
and
``(3) $12,000,000 for each of fiscal years 2001 through
2002.
``(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain
available until expended.
``(b) Contract Authority.--Approval by the Secretary of a
grant with funds made available under this section imposes
upon the United States Government a contractual obligation
for payment of the Government's share of costs incurred in
carrying out the objectives of the grant.''.
(c) Subchapter Heading.--The heading for subchapter I of
chapter 311 is amended by inserting after ``GRANTS'' the
following: ``AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS''.
(d) Conforming Amendments.--The analysis for chapter 311 is
amended--
(1) by striking
``SUBCHAPTER I--STATE GRANTS''
and inserting
``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS'';
and
(2) by striking the items relating to sections 31106 and
31107 and inserting the following:
``31106. Information systems.
``31107. Contract authority funding for information systems.''.
SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended--
(1) by striking ``section--'' and inserting ``section, the
following definitions apply:'';
(2) by inserting after ``(1)'' the following: ``Maxi-cube
vehicle.--The term'';
(3) by inserting after ``(2)'' the following: ``Truck
tractor.--The term'';
(4) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(5) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Automobile transporter.--The term `automobile
transporter' means any vehicle combination designed and used
specifically for the transport of assembled highway vehicles,
including truck camper units.''.
SEC. 4006. INSPECTIONS AND REPORTS.
(a) General Powers of the Secretary.--Section 31133(a)(1)
is amended by inserting ``and make contracts for'' after
``conduct''.
(b) Reports and Records.--Section 504(c) is amended by
inserting ``(and, in the case of a motor carrier, a
contractor)'' after ``employee''.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
(a) In General.--Section 31315 is amended to read as
follows:
``Sec. 31315. Waivers, exemptions, and pilot programs
``(a) Waivers.--The Secretary may grant a waiver that
relieves a person from compliance in whole or in part with a
regulation issued under this chapter or section 31136 if the
Secretary determines that it is in the public interest to
grant the waiver and that the waiver is likely to achieve a
level of safety that is equivalent to, or greater than, the
level of safety that would be obtained in the absence of the
waiver--
``(1) for a period not in excess of 3 months;
``(2) limited in scope and circumstances;
``(3) for nonemergency and unique events; and
``(4) subject to such conditions as the Secretary may
impose.
``(b) Exemptions.--
``(1) In general.--Upon receipt of a request pursuant to
paragraph (3), the Secretary of Transportation may grant to a
person or class of persons an exemption from a regulation
prescribed under this chapter or section 31136 if the
Secretary finds such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level
that would be achieved absent such exemption. An exemption
may be granted for no longer than 2 years from its approval
date and may be renewed upon application to the Secretary.
``(2) Authority to revoke exemption.--The Secretary shall
immediately revoke an exemption if--
``(A) the person fails to comply with the terms and
conditions of such exemption;
``(B) the exemption has resulted in a lower level of safety
than was maintained before the exemption was granted; or
``(C) continuation of the exemption would not be consistent
with the goals and objectives of this chapter or section
31136, as the case may be.
``(3) Requests for exemption.--Not later than 180 days
after the date of enactment of this section and after notice
and an opportunity for public comment, the Secretary shall
specify by regulation the procedures by which a person may
request an exemption. Such regulations shall, at a minimum,
require the person to provide the following information for
each exemption request:
``(A) The provisions from which the person requests
exemption.
``(B) The time period during which the requested exemption
would apply.
``(C) An analysis of the safety impacts the requested
exemption may cause.
``(D) The specific countermeasures the person would
undertake to ensure an equivalent or greater level of safety
than would be achieved absent the requested exemption.
``(4) Notice and comment.--
``(A) Upon receipt of a request.--Upon receipt of an
exemption request, the Secretary shall publish in the Federal
Register a notice explaining the request that has been filed
and shall give the public an opportunity to inspect the
safety analysis and any other relevant information known to
the Secretary and to comment on the request. This
subparagraph does not require the release of information
protected by law from public disclosure.
``(B) Upon granting a request.--Upon granting a request for
exemption, the Secretary shall publish in the Federal
Register the name of the person granted the exemption, the
provisions from which the person will be exempt, the
effective period, and all terms and conditions of the
exemption.
``(C) After denying a request.--After denying a request for
exemption, the Secretary shall publish in the Federal
Register the name of the person denied the exemption and the
reasons for such denial. The Secretary may meet the
requirement of this subparagraph by periodically publishing
in the Federal Register the names of persons denied
exemptions and the reasons for such denials.
``(5) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request after a
thorough review of its safety implications, but in no case
later than 180 days after the filing date of such request.
``(6) Terms and conditions.--The Secretary shall establish
terms and conditions for each exemption to ensure that it
will likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The Secretary shall monitor the implementation of
the exemption to ensure compliance with its terms and
conditions.
``(7) Notification of state compliance and enforcement
personnel.--Before granting a request for exemption, the
Secretary shall notify State safety compliance and
enforcement personnel, including roadside inspectors, and the
public that a person will be operating pursuant to an
exemption and any terms and conditions that will apply to the
exemption.
``(c) Pilot Programs.--
``(1) In general.--The Secretary may conduct pilot programs
to evaluate alternatives to regulations relating to, or
innovative approaches to, motor carrier, commercial motor
vehicle, and driver safety. Such pilot programs may include
exemptions from a regulation prescribed under this chapter or
section 31136 if the pilot program contains, at a minimum,
the elements described in paragraph (2). The Secretary shall
publish in the Federal Register a detailed description of
each pilot program, including the exemptions to be
considered, and provide notice and an opportunity for public
comment before the effective date of the program.
``(2) Program elements.--In proposing a pilot program and
before granting exemptions for purposes of a pilot program,
the Secretary shall require, as a condition of approval of
the project, that the safety measures in the project are
designed to achieve a level of safety that is equivalent to,
or greater than, the level of safety that would otherwise be
achieved through compliance with the regulations prescribed
under this chapter or section 31136. The Secretary shall
include, at a minimum, the following elements in each pilot
program plan:
[[Page H3870]]
``(A) A scheduled life of each pilot program of not more
than 3 years.
``(B) A specific data collection and safety analysis plan
that identifies a method for comparison.
``(C) A reasonable number of participants necessary to
yield statistically valid findings.
``(D) An oversight plan to ensure that participants comply
with the terms and conditions of participation.
``(E) Adequate countermeasures to protect the health and
safety of study participants and the general public.
``(F) A plan to inform State partners and the public about
the pilot program and to identify approved participants to
safety compliance and enforcement personnel and to the
public.
``(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot program of
a motor carrier, commercial motor vehicle, or driver for
failure to comply with the terms and conditions of the pilot
program or if continued participation would not be consistent
with the goals and objectives of this chapter or section
31136, as the case may be.
``(4) Authority to terminate program.--The Secretary shall
immediately terminate a pilot program if its continuation
would not be consistent with the goals and objectives of this
chapter or section 31136, as the case may be.
``(5) Report to congress.--At the conclusion of each pilot
program, the Secretary shall report to Congress the findings,
conclusions, and recommendations of the program, including
suggested amendments to laws and regulations that would
enhance motor carrier, commercial motor vehicle, and driver
safety and improve compliance with national safety standards.
``(d) Preemption of State Rules.--During the time period
that a waiver, exemption, or pilot program is in effect under
this chapter or section 31136, no State shall enforce any law
or regulation that conflicts with or is inconsistent with the
waiver, exemption, or pilot program with respect to a person
operating under the waiver or exemption or participating in
the pilot program.''.
(b) Chapter Analysis Amendment.--The analysis for chapter
313 is amended by striking the item relating to section 31315
and inserting the following:
``31315. Waivers, exemptions, and pilot programs.''.
(c) Conforming Amendment.--Section 31136(e) of such title
is amended to read as follows:
``(e) Exemptions.--The Secretary may grant in accordance
with section 31315 waivers and exemptions from, or conduct
pilot programs with respect to, any regulations prescribed
under this section.''.
(d) Protection of Existing Exemptions.--The amendments made
by this section shall not apply to or otherwise affect a
waiver, exemption, or pilot program in effect on the day
before the date of enactment of this Act under chapter 313 or
section 31136(e) of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.
(a) Commercial Motor Vehicle Defined.--Section 31132(1) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by inserting ``, whichever is greater'' after
``pounds''; and
(2) in subparagraph (B) by striking ``passengers'' and all
that follows through the semicolon at the end and inserting
``more than 8 passengers (including the driver) for
compensation;''.
(b) Application of Regulations to Certain Commercial Motor
Vehicles.--Effective on the last day of the 1-year period
beginning on the date of enactment of this Act, regulations
prescribed under section 31136 of title 49, United States
Code, shall apply to operators of commercial motor vehicles
described in section 31132(1)(B) of such title (as amended by
subsection (a)) to the extent that those regulations did not
apply to those operators on the day before such effective
date, except to the extent that the Secretary determines,
through a rulemaking proceeding, that it is appropriate to
exempt such operators of commercial motor vehicles from the
application of those regulations.
(c) Repeal of Review Panel.--Section 31134, and the item
relating to such section in the analysis for chapter 311, are
repealed.
(d) Repeal of Submission to Review Panel.--Section 31140,
and the item relating to such section in the analysis for
chapter 311, are repealed.
(e) Review Procedure.--Section 31141 is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Submission of Regulation.--A State receiving funds
made available under section 31104 that enacts a State law or
issues a regulation on commercial motor vehicle safety shall
submit a copy of the law or regulation to the Secretary
immediately after the enactment or issuance.
``(c) Review and Decisions by Secretary.--
``(1) Review.--The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation--
``(A) has the same effect as a regulation prescribed by the
Secretary under section 31136;
``(B) is less stringent than such regulation; or
``(C) is additional to or more stringent than such
regulation.
``(2) Regulations with same effect.--If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may be enforced.
``(3) Less stringent regulations.--If the Secretary decides
a State law or regulation is less stringent than a regulation
prescribed by the Secretary under section 31136 of this
title, the State law or regulation may not be enforced.
``(4) Additional or more stringent regulations.--If the
Secretary decides a State law or regulation is additional to
or more stringent than a regulation prescribed by the
Secretary under section 31136 of this title, the State law or
regulation may be enforced unless the Secretary also decides
that--
``(A) the State law or regulation has no safety benefit;
``(B) the State law or regulation is incompatible with the
regulation prescribed by the Secretary; or
``(C) enforcement of the State law or regulation would
cause an unreasonable burden on interstate commerce.
``(5) Consideration of effect on interstate commerce.--In
deciding under paragraph (4) whether a State law or
regulation will cause an unreasonable burden on interstate
commerce, the Secretary may consider the effect on interstate
commerce of implementation of that law or regulation with the
implementation of all similar laws and regulations of other
States.'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(f) Inspection of Safety Equipment.--Section 31142(a) is
amended by striking ``part 393 of title 49, Code of Federal
Regulations'' and inserting ``the regulations issued under
section 31136''.
(g) Protection of States Participating in State Groups.--
Section 31142(c)(1)(C) is amended to read as follows:
``(C) prevent a State from participating in the activities
of a voluntary group of States enforcing a program for
inspection of commercial motor vehicles; or''.
SEC. 4009. SAFETY FITNESS.
(a) In General.--Section 31144 is amended to read as
follows:
``Sec. 31144. Safety fitness of owners and operators
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
``(2) periodically update such safety fitness
determinations;
``(3) make such final safety fitness determinations readily
available to the public; and
``(4) prescribe by regulation penalties for violations of
this section consistent with section 521.
``(b) Procedure.--The Secretary shall maintain by
regulation a procedure for determining the safety fitness of
an owner or operator. The procedure shall include, at a
minimum, the following elements:
``(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate safety
fitness.
``(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
``(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.
``(c) Prohibited Transportation.--
``(1) In general.--Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or
operator who the Secretary determines is not fit may not
operate commercial motor vehicles in interstate commerce
beginning on the 61st day after the date of such fitness
determination and until the Secretary determines such owner
or operator is fit.
``(2) Owners or operators transporting passengers.--With
regard to owners or operators of commercial motor vehicles
designed or used to transport passengers, an owner or
operator who the Secretary determines is not fit may not
operate in interstate commerce beginning on the 46th day
after the date of such fitness determination and until the
Secretary determines such owner or operator is fit.
``(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of commercial
motor vehicles designed or used to transport hazardous
material for which placarding of a motor vehicle is required
under regulations prescribed under chapter 51, an owner or
operator who the Secretary determines is not fit may not
operate in interstate commerce beginning on the 46th day
after the date of such fitness determination and until the
Secretary determines such owner or operator is fit.
``(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the Secretary
may allow an owner or operator who is not fit to continue
operating for an additional 60 days after the 61st day after
the date of the Secretary's fitness determination, if the
Secretary determines that such owner or operator is making a
good faith effort to become fit.
``(d) Review of Fitness Determinations.--
``(1) In general.--Not later than 45 days after an unfit
owner or operator requests a review, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to
comply and resulted in the Secretary determining that the
owner or operator was not fit.
``(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall review such
owner's or operator's compliance with those requirements with
which the owner or operator failed to comply and resulted in
the Secretary determining that the owner or operator was not
fit.
``(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner or
operator of commercial motor vehicles designed or used to
transport
[[Page H3871]]
hazardous material for which placarding of a motor vehicle is
required under regulations prescribed under chapter 51, the
Secretary shall review such owner's or operator's compliance
with those requirements with which the owner or operator
failed to comply and resulted in the Secretary determining
that the owner or operator was not fit.
``(e) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use
to provide any transportation service an owner or operator
who the Secretary has determined is not fit until the
Secretary determines such owner or operator is fit.''.
(b) Conforming Amendment.--Section 5113 is amended by
striking subsections (a), (b), (c), and (d) and inserting the
following:
``See section 31144.''.
SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS
AUTHORITIES.
Subchapter IV of chapter 311 (including sections 31161 and
31162), and the items relating to such subchapter and
sections in the analysis for chapter 311, are repealed.
SEC. 4011. COMMERCIAL VEHICLE OPERATORS.
(a) Commercial Motor Vehicle Defined.--Section 31301(4) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating'' the first 2 places it appears; and
(B) by inserting ``, whichever is greater,'' after
``pounds'' the first place it appears; and
(2) in subparagraph (C)(ii)--
(A) by inserting ``is'' before ``transporting'' each place
it appears; and
(B) by inserting ``is'' before ``not otherwise''.
(b) Prohibition on CMV Operation Without CDL.--
(1) In general.--Section 31302 of such title is amended to
read as follows:
``Sec. 31302. Commercial driver's license requirement
``No individual shall operate a commercial motor vehicle
without a valid commercial driver's license issued in
accordance with section 31308. An individual operating a
commercial motor vehicle may have only one driver's license
at any time.''.
(2) Conforming amendment.--The item relating to section
31302 in the analysis for chapter 313 is amended to read as
follows:
``31302. Commercial driver's license requirement.''.
(c) Unique Identifiers in CDLs.--
(1) In general.--Section 31308(2) is amended by inserting
before the semicolon ``and each license issued after January
1, 2001, include unique identifiers (which may include
biometric identifiers) to minimize fraud and duplication''.
(2) Deadline for issuance of regulations.--Not later than
180 days after the date of enactment of this Act, the
Secretary shall issue regulations to carry out the amendment
made by paragraph (1).
(d) Commercial Driver's License Information System.--
Section 31309 of such title is amended--
(1) in subsection (a) by striking ``make an agreement under
subsection (b) of this section for the operation of, or
establish under subsection (c) of this section,'' and
inserting ``maintain'';
(2) by inserting after the first sentence of subsection (a)
the following: ``The system shall be coordinated with
activities carried out under section 31106.'';
(3) by striking subsections (b) and (c);
(4) by striking subsection (d)(2) and inserting the
following:
``(2) The information system under this section must
accommodate any unique identifiers required to minimize fraud
or duplication of a commercial driver's license under section
31308(2).'';
(5) by striking subsection (e) and inserting the following:
``(e) Availability of Information.--Information in the
information system shall be made available and subject to
review and correction in accordance with the policy developed
under section 31106(e).'';
(6) in subsection (f) by striking ``If the Secretary
establishes an information system under this section, the''
and inserting ``The'';
(7) by striking ``shall'' in the first sentence of
subsection (f) and inserting ``may''; and
(8) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(e) Requirements for State Participation.--Section 31311(a)
is amended--
(1) in paragraph (15) by striking ``section 31310(b)-(e) of
this title'' and inserting ``subsections (b)-(e), (g)(1)(A),
and (g)(2) of section 31310'';
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as paragraph (17).
(f) Repeal of Obsolete Grant Programs.--Sections 31312 and
31313, and the items relating to such sections in the
analysis for chapter 313, are repealed.
(g) Updating Amendments.--Section 31314 is amended--
(1) by striking ``(2), (5), and (6)'' each place it appears
in subsections (a) and (b) and inserting ``(3), and (5)'';
(2) in subsection (c) by striking ``(1) Amounts'' and all
that follows through ``(2) Amounts'' and inserting
``Amounts'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY
SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.
(a) In General.--Section 31502 is amended by adding at the
end the following:
``(e) Exception.--
``(1) In general.--Notwithstanding any other provision of
law, regulations issued under this section or section 31136
regarding--
``(A) maximum driving and on-duty times applicable to
operators of commercial motor vehicles,
``(B) physical testing, reporting, or recordkeeping, and
``(C) the installation of automatic recording devices
associated with establishing the maximum driving and on-duty
times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle
during an emergency period of not more than 30 days declared
by an elected State or local government official under
paragraph (2) in the area covered by the declaration.
``(2) Declaration of emergency.--An elected State or local
government official or elected officials of more than one
State or local government jointly may issue an emergency
declaration for purposes of paragraph (1) after notice to the
Regional Director of the Federal Highway Administration with
jurisdiction over the area covered by the declaration.
``(3) Incident report.--Within 30 days after the end of the
declared emergency period the official who issued the
emergency declaration shall file with the Regional Director a
report of each safety-related incident or accident that
occurred during the emergency period involving--
``(A) a utility service vehicle driver to which the
declaration applied; or
``(B) a utility service vehicle of the driver to which the
declaration applied.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Driver of a utility service vehicle.--The term
`driver of a utility service vehicle' means any driver who is
considered to be a driver of a utility service vehicle for
purposes of section 345(a)(4) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat.
613).
``(B) Utility service vehicle.--The term `utility service
vehicle' has the meaning that term has under section
345(e)(6) of the National Highway System Designation Act of
1995 (49 U.S.C. 31136 note; 109 Stat 614-615).''.
(b) Continued Application of Safety and Maintenance
Requirements.--
(1) In general.--The amendment made by subsection (a) may
not be construed--
(A) to exempt any utility service vehicle from compliance
with any applicable provision of law relating to vehicle
mechanical safety, maintenance requirements, or inspections;
or
(B) to exempt any driver of a utility service vehicle from
any applicable provision of law (including any regulation)
established for the issuance, maintenance, or periodic
renewal of a commercial driver's license for that driver.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning that term has under
section 31301 of title 49, United States Code.
(B) Driver of a utility service vehicle.--The term ``driver
of a utility service vehicle'' has the meaning that term has
under section 31502(e)(2) of such title.
(C) Regulation.--The term ``regulation'' has the meaning
that term has under section 31132 of such title.
(D) Utility service vehicle.--The term ``utility service
vehicle'' has the meaning that term has under section
345(e)(6) of the National Highway System Designation Act of
1995 (49 U.S.C. 31136 note; 109 Stat. 614-615).
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN
AND INTERNATIONAL FUEL TAX AGREEMENT.
Sections 31702, 31703, and 31708, and the items relating to
such sections in the analysis for chapter 317, are repealed.
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS;
LIMITATION ON LIABILITY.
(a) In General.--
(1) In general.--Chapter 5 is amended by adding at the end
the following:
``Sec. 508. Safety performance history of new drivers;
limitation on liability
``(a) Limitation on Liability.--No action or proceeding for
defamation, invasion of privacy, or interference with a
contract that is based on the furnishing or use of safety
performance records in accordance with regulations issued by
the Secretary may be brought against--
``(1) a motor carrier requesting the safety performance
records of an individual under consideration for employment
as a commercial motor vehicle driver as required by and in
accordance with regulations issued by the Secretary;
``(2) a person who has complied with such a request; or
``(3) the agents or insurers of a person described in
paragraph (1) or (2).
``(b) Restrictions on Applicability.--
``(1) Motor carrier requesting.--Subsection (a) does not
apply to a motor carrier requesting safety performance
records unless--
``(A) the motor carrier and any agents of the motor carrier
have complied with the regulations issued by the Secretary in
using the records, including the requirement that the
individual who is the subject of the records be afforded a
reasonable opportunity to review and comment on the records;
``(B) the motor carrier and any agents and insurers of the
motor carrier have taken all precautions reasonably necessary
to protect the records from disclosure to any person, except
for such an insurer, not directly involved in deciding
whether to hire that individual; and
``(C) the motor carrier has used those records only to
assess the safety performance of the individual who is the
subject of those records in deciding whether to hire that
individual.
``(2) Person complying with requests.--Subsection (a) does
not apply to a person complying with a request for safety
performance records unless--
[[Page H3872]]
``(A) the complying person and any agents of the complying
person have taken all precautions reasonably necessary to
ensure the accuracy of the records and have complied with the
regulations issued by the Secretary in furnishing the
records, including the requirement that the individual who is
the subject of the records be afforded a reasonable
opportunity to review and comment on the records; and
``(B) the complying person and any agents and insurers of
the complying person have taken all precautions reasonably
necessary to protect the records from disclosure to any
person, except for such an insurer, not directly involved in
forwarding the records.
``(3) Persons knowingly furnishing false information.--
Subsection (a) does not apply to persons who knowingly
furnish false information.
``(c) Preemption of State and Local Law.--No State or
political subdivision thereof may enact, prescribe, issue,
continue in effect, or enforce any law (including
any regulation, standard, or other provision having the
force and effect of law) that prohibits, penalizes, or
imposes liability for furnishing or using safety
performance records in accordance with regulations issued
by the Secretary to carry out this section.
Notwithstanding any provision of law, written
authorization shall not be required to obtain information
on the motor vehicle driving record of an individual under
consideration for employment with a motor carrier.''.
(2) Conforming amendment.--The analysis for chapter 5 is
amended by inserting after the item relating to section 507
the following:
``508. Safety performance history of new drivers; limitation on
liability.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 31, 1999.
(c) Safety Performance History of New Drivers.--
(1) Matters to be included.--As part of the rulemaking that
the Secretary is conducting under section 114 of the
Hazardous Materials Transportation Authorization Act of 1994
(108 Stat. 1677-1678) to amend section 391.23 of title 49,
Code of Federal Regulations (or successor regulations
thereto), the Secretary shall amend such section 391.23 (in
addition to the matters set forth in such section 114) to
provide protection for driver privacy and to establish
procedures for review, correction, and rebuttal of the safety
performance records of a commercial motor vehicle driver.
(2) Completion.--The rulemaking and the amendments referred
to in paragraph (1) shall be completed by January 31, 1999.
SEC. 4015. PENALTIES.
(a) Notification of Violations and Enforcement
Procedures.--Section 521(b)(1) is amended--
(1) in the third sentence of subparagraph (A) by striking
``fix a reasonable time for abatement of the violation,'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Nonapplicability to reporting and recordkeeping
violations.--Subparagraph (A) shall not apply to reporting
and recordkeeping violations.''.
(b) Civil Penalties.--Section 521(b)(2) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Except as otherwise provided in this
subsection, any person who is determined by the Secretary,
after notice and opportunity for a hearing, to have committed
an act that is a violation of regulations issued by the
Secretary under subchapter III of chapter 311 (except
sections 31138 and 31139) or section 31502 of this title
shall be liable to the United States for a civil penalty in
an amount not to exceed $10,000 for each offense.
Notwithstanding any other provision of this section (except
subparagraph (C)), no civil penalty shall be assessed under
this section against an employee for a violation in an amount
exceeding $2,500.'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the following:
``(B) Recordkeeping and reporting violations.--A person
required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation issued by
the Secretary pursuant to subchapter III of chapter 311
(except sections 31138 and 31139) or section 31502 of this
title about transportation by motor carrier, motor carrier of
migrant workers, or motor private carrier, or an officer,
agent, or employee of that person--
``(i) who does not make that report, does not specifically,
completely, and truthfully answer that question in 30 days
from the date the Secretary requires the question to be
answered, or does not make, prepare, or preserve that record
in the form and manner prescribed by the Secretary, shall be
liable to the United States for a civil penalty in an amount
not to exceed $500 for each offense, and each day of the
violation shall constitute a separate offense, except that
the total of all civil penalties assessed against any
violator for all offenses related to any single violation
shall not exceed $5,000; or
``(ii) who knowingly falsifies, destroys, mutilates, or
changes a required report or record, knowingly files a false
report with the Secretary, knowingly makes or causes or
permits to be made a false or incomplete entry in that record
about an operation or business fact or transaction, or
knowingly makes, prepares, or preserves a record in violation
of a regulation or order of the Secretary, shall be liable to
the United States for a civil penalty in an amount not to
exceed $5,000 for each violation, if any such action can be
shown to have misrepresented a fact that constitutes a
violation other than a reporting or recordkeeping
violation.''.
(c) Conforming Amendments.--Section 522 is amended by
striking ``(a)'' and by striking subsection (b).
SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.
Section 14501(a) is amended to read as follows:
``(a) Motor Carriers of Passengers.--
``(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other
political agency of 2 or more States shall enact or enforce
any law, rule, regulation, standard, or other provision
having the force and effect of law relating to
``(A) scheduling of interstate or intrastate transportation
(including discontinuance or reduction in the level of
service) provided by a motor carrier of passengers subject to
jurisdiction under subchapter I of chapter 135 of this title
on an interstate route;
``(B) the implementation of any change in the rates for
such transportation or for any charter transportation except
to the extent that notice, not in excess of 30 days, of
changes in schedules may be required; or
``(C) the authority to provide intrastate or interstate
charter bus transportation.
This paragraph shall not apply to intrastate commuter bus
operations.
``(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State with
respect to motor vehicles, the authority of a State to impose
highway route controls or limitations based on the size or
weight of the motor vehicle, or the authority of a State to
regulate carriers with regard to minimum amounts of financial
responsibility relating to insurance requirements and self-
insurance authorization.''.
SEC. 4017. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.
(a) In General.--For a period of not less than 2 years
beginning on or before the 90th day following the date of
enactment of this Act, the Secretary shall establish,
maintain, and promote the use of a nationwide toll-free
telephone system to be used by drivers of commercial motor
vehicles and others to report potential violations of Federal
motor carrier safety regulations.
(b) Monitoring.--The Secretary shall monitor reports
received by the telephone system and may consider
nonfrivolous information provided by such reports in setting
priorities for motor carrier safety audits and other
enforcement activities.
(c) Protection of Persons Reporting Violations.--
(1) Prohibition.--A person reporting a potential violation
to the telephone system while acting in good faith may not be
discharged, disciplined, or discriminated against regarding
pay, terms, or privileges of employment because of the
reporting of such violation.
(2) Applicability of section 31105 of title 49.--For
purposes of section 31105 of title 49, United States Code, a
violation or alleged violation of paragraph (1) shall be
treated as a violation of section 31105(a) of such title.
(d) Funding.--From amounts set aside under section 104(a)
of title 23, United States Code, the Secretary may use not
more than $250,000 for each of fiscal years 1999 through
2003 to carry out this section.
SEC. 4018. INSULIN TREATED DIABETES MELLITUS.
(a) Determination.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall determine
whether a practicable and cost-effective screening,
operating, and monitoring protocol could likely be developed
for insulin treated diabetes mellitus individuals who want to
operate commercial motor vehicles in interstate commerce that
would ensure a level of safety equal to or greater than that
achieved with the current prohibition on individuals with
insulin treated diabetes mellitus driving such vehicles.
(b) Compilation and Evaluation.--Prior to making the
determination in subsection (a), the Secretary shall compile
and evaluate research and other information on the effects of
insulin treated diabetes mellitus on driving performance. In
preparing the compilation and evaluation, the Secretary
shall, at a minimum--
(1) consult with States that have developed and are
implementing a screening process to identify individuals with
insulin treated diabetes mellitus who may obtain waivers to
drive commercial motor vehicles in intrastate commerce;
(2) evaluate the Department's policy and actions to permit
certain insulin treated diabetes mellitus individuals who
meet selection criteria and who successfully comply with the
approved monitoring protocol to operate in other modes of
transportation;
(3) assess the possible legal consequences of permitting
insulin treated diabetes mellitus individuals to drive
commercial motor vehicles in interstate commerce;
(4) analyze available data on the safety performance of
diabetic drivers of motor vehicles;
(5) assess the relevance of intrastate driving and
experiences of other modes of transportation to interstate
commercial motor vehicle operations; and
(6) consult with interested groups knowledgeable about
diabetes and related issues.
(c) Report to Congress.--If the Secretary determines that
no protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress the basis
for such determination.
(d) Initiation of Rulemaking.--If the Secretary determines
that a protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress a
description of the elements of such protocol and shall
promptly initiate a rulemaking proceeding to implement such
protocol.
[[Page H3873]]
SEC. 4019. PERFORMANCE-BASED CDL TESTING.
(a) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a review
of the procedures established and implemented by States under
section 31305 of title 49, United States Code, to determine
if the current system for testing is an accurate measure and
reflection of an individual's knowledge and skills as an
operator of a commercial motor vehicle and to identify
methods to improve testing and licensing standards, including
identifying the benefits and costs of a graduated licensing
system.
(b) Regulations.--The Secretary may issue regulations under
section 31305 of title 49, United States Code, reflecting the
results of the review.
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING.
(a) Study.--The Secretary shall conduct a study of the
feasibility of utilizing law enforcement officers for
conducting post-accident alcohol testing of commercial motor
vehicle operators under section 31306 of title 49, United
States Code, as a method of obtaining more timely
information. The study shall also assess the impact of the
current post-accident alcohol testing requirements on motor
carrier employers, including any burden that employers may
encounter in meeting the testing requirements of such
section 31306.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the study, together with such
recommendations as the Secretary determines appropriate.
SEC. 4021. DRIVER FATIGUE.
(a) Technologies To Reduce Fatigue of Commercial Motor
Vehicle Operators.--
(1) Development of technologies.--As part of the activities
of the Secretary relating to the fatigue of commercial motor
vehicle operators, the Secretary shall encourage the
research, development, and demonstration of technologies that
may aid in reducing such fatigue.
(2) Matters to be taken into account.--In carrying out
paragraph (1), the Secretary shall take into account--
(A) the degree to which the technology will be cost
efficient;
(B) the degree to which the technology can be effectively
used in diverse climatic regions of the Nation; and
(C) the degree to which the application of the technology
will further emissions reductions, energy conservation, and
other transportation goals.
(3) Funding.--The Secretary may use amounts made available
under section 5001(a)(2) of this Act.
(b) Nonsedating Medications.--The Secretary shall review
available information on the effects of medications
(including antihistamines) on driver fatigue, awareness, and
performance and shall consider encouraging, if appropriate,
the use of nonsedating medications (including nonsedating
antihistamines) as a means of reducing the adverse effects of
the use of other medications by drivers.
SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary shall carry out a pilot
program in cooperation with 1 or more States to improve upon
the timely exchange of pertinent driver performance and
safety records data to motor carriers.
(2) Purpose.--The purpose of the program shall be to--
(A) determine to what extent driver performance records
data, including relevant fines, penalties, and failures to
appear for a hearing or trial, should be included as part of
any information systems under the Department of
Transportation's oversight;
(B) assess the feasibility, costs, safety impact, pricing
impact, and benefits of record exchanges; and
(C) assess methods for the efficient exchange of driver
safety data available from existing State information systems
and sources.
(3) Completion date.--The pilot program shall end on the
last day of the 18-month period beginning on the date of
initiation of the pilot program.
(b) Rulemaking.--After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to
revise the information system under section 31309 of title
49, United States Code, to take into account the results of
the pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS.
Not later than 2 years after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of
Labor, shall report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the effectiveness of existing statutory
employee protections provided for under section 31105 of
title 49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection
provisions.
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
Not later than 6 months after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to
determine whether or not relevant commercial motor carrier
safety regulations issued under section 31136 of title 49,
United States Code, should apply to all interstate school
transportation operations by local educational agencies (as
defined in section 14101 of the Elementary and Secondary
Education Act of 1965).
SEC. 4025. TRUCK TRAILER CONSPICUITY.
(a) Issuance of Final Rule.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
a final rule regarding the conspicuity of trailers
manufactured before December 1, 1993.
(b) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum,
the following:
(1) The cost-effectiveness of any requirement to retrofit
trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have voluntarily
taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differing trailer
designs and configurations, such as tank trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.
(a) Assessment.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the
scope of the problem of shippers, freight forwarders,
brokers, cosignees, or other persons (other than rail
carriers, motor carriers, motor carriers of migrant workers,
or motor private carriers) encouraging violations of chapter
5 of title 49, United States Code, or a regulation or order
issued by the Secretary under such chapter.
(b) Submission of Implementation Plan.--After completion of
the assessment under subsection (a), the Secretary may submit
to the Congress a plan for implementing authority (if
subsequently provided by law) to investigate and bring civil
actions to enforce chapter 5 of title 49, United States Code,
or regulations or orders issued by the Secretary under such
chapter with respect to persons described in subsection (a).
(c) Contents of Implementation Plan.--In developing the
implementation plan under subsection (b), the Secretary shall
consider, as appropriate--
(1) in what circumstances the Secretary would exercise the
new authority;
(2) how the Secretary would determine that shippers,
freight forwarders, brokers, consignees, or other persons
committed violations described in subsection (a), including
what types of evidence would be conclusive;
(3) what procedures would be necessary during
investigations to ensure the confidentiality of shipper
contract terms prior to the Secretary's findings of
violations;
(4) what impact the exercise of the new authority would
have on the Secretary's resources, including whether
additional investigative or legal resources would be
necessary and whether the staff would need specialized
education or training to exercise properly such authority;
(5) to what extent the Secretary would conduct educational
activities for persons who would be subject to the new
authority; and
(6) any other information that would assist the Congress in
determining whether to provide the Secretary the new
authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES.
(a) Study.--The Secretary shall conduct a study to
determine the location and quantity of parking facilities at
commercial truck stops and travel plazas and public rest
areas that could be used by motor carriers to comply with
Federal hours of service rules. The study shall include an
inventory of current facilities serving the National Highway
System, analyze where shortages exist or are projected to
exist, and propose a plan to reduce the shortages. The study
may be carried out in cooperation with research entities
representing motor carriers, the travel plaza industry, and
commercial motor vehicle drivers.
(b) Report.--Not later than the 3 years after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study with any
recommendations the Secretary determines appropriate as a
result of the study.
(c) Funding.--From amounts set aside under section 104(a)
of title 23, United States Code, for each of fiscal years
1999, 2000, and 2001, the Secretary may use not to exceed
$500,000 per fiscal year to carry out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.
(a) Review.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall review--
(1) the qualifications of any foreign motor carrier, the
application for which has not been processed due to the
moratorium on the granting of authority to foreign carriers
to operate in the United States, to operate as a motor
carrier in the United States; and
(2) the carrier's likely ability to comply with applicable
laws and regulations of the United States.
(b) Use of Review.--The review conducted under subsection
(a) shall not constitute a finding by the Secretary under
section 13902 of title 49, United States Code, that a motor
carrier is willing and able to comply with requirements of
such section. The results of the review may be used by the
Secretary as the Secretary determines appropriate.
(c) Report.--Not later than 120 days after the date of
enactment this Act, the Secretary shall submit a report on
the results of the review to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives. The report shall include--
(1) any findings made by the Secretary under subsection
(a);
(2) information on which carriers have applied to the
Department of Transportation under that section; and
(3) a description of the process utilized to respond to
such applications and to review the safety fitness of those
carriers.
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.
The Department of Transportation shall maintain at least
the number of Federal motor carrier safety inspectors for
international border
[[Page H3874]]
commercial vehicle inspections as in effect on September 30,
1997, or provide for alternative resources and mechanisms to
ensure at least an equivalent level of commercial motor
vehicle safety inspections. Such funds as are necessary to
carry out this section shall be made available within the
limitation on general operating expenses of the Department of
Transportation.
SEC. 4030. SCHOOL TRANSPORTATION SAFETY.
(a) Study.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall offer to enter
into an agreement with the Transportation Research Board of
the National Academy of Sciences to conduct, subject to the
availability of appropriations, a study of the safety issues
attendant to the transportation of school children to and
from school and school-related activities by various
transportation modes.
(b) Terms of Agreement.--The agreement under subsection (a)
shall provide that--
(1) the Transportation Research Board, in conducting the
study, shall consider--
(A) in consultation with the National Transportation Safety
Board, the Bureau of Transportation Statistics, and other
relevant entities, available crash injury data;
(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
(C) other factors that the Secretary considers to be
appropriate;
(2) if the data referred to in paragraph (1)(A) is
unavailable or insufficient, the Transportation Research
Board shall recommend a new data collection regimen and
implementation guidelines; and
(3) a panel shall conduct the study and shall include--
(A) representatives of--
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) Report.--Not later than 12 months after the Secretary
enters into an agreement under subsection (a), the Secretary
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that contains the results of the
study.
(d) Authorization.--There are authorized to be appropriated
to the Department of Transportation to carry out this section
$200,000 for fiscal year 2000 and $200,000 for fiscal year
2001. Such sums shall remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) General Rule.--Notwithstanding the provisions of
section 13902(c)(4)(A) of title 49, United States Code, the
New Mexico Commercial Zone shall be a commercial zone for
purposes of transportation of property only under section
13506(b) of such title.
(b) Consultation.--In carrying out this section, the
Secretary shall consult with other Federal agencies that have
responsibilities over traffic between the United States and
Mexico.
(c) Submission of Plan.--Not later than 3 months after the
date of enactment of this Act, the State of New Mexico shall
submit to the Secretary a plan describing how the State will
monitor commercial motor vehicle traffic and enforce safety
regulations.
(d) Savings Provision.--Nothing in this section shall
affect any action commenced or pending before the Secretary
or Surface Transportation Board before the date of enactment
of this Act.
(e) New Mexico Commercial Zone Defined.--In this section,
the term ``New Mexico Commercial Zone'' means the area that
is comprised of Dona Ana County and Luna County in New
Mexico.
(f) Designation.--The designation and operation of the New
Mexico commercial zone shall become effective upon the date
of enactment of this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS.
(a) Study.--The Secretary shall conduct a study on the
effects of reductions of grants under section 31102 of title
49, United States Code, due to nonconformity of State
intrastate motor carrier, commercial motor vehicle, and
driver requirements with Federal interstate requirements. In
conducting the study, the Secretary shall consider, at a
minimum--
(1) national uniformity and the purposes of the motor
carrier safety assistance program;
(2) State motor carrier, commercial motor vehicle, and
driver safety oversight and enforcement capabilities; and
(3) the safety impacts, costs, and benefits of full
participation in the program.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study.
(c) Adjustment of State Allocations.--The Secretary is
authorized to adjust State allocations under section 31103 of
title 49, United States Code, to reflect the results of the
study.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Surface transportation research.--For carrying out
sections 502, 506, 507, and 508 of title 23, United States
Code, and section 5112 of this Act $96,000,000 for fiscal
year 1998, $97,000,000 for fiscal year 1999, $97,000,000 for
fiscal year 2000, $98,000,000 for fiscal year 2001,
$101,000,000 for fiscal year 2002, and $103,000,000 for
fiscal year 2003.
(2) Technology deployment program.--To carry out section
503 of title 23, United States Code, $35,000,000 for fiscal
year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for
fiscal year 2000, $45,000,000 for fiscal year 2001,
$45,000,000 for fiscal year 2002, and $50,000,000 for fiscal
year 2003.
(3) Training and education.--For carrying out section 504
of title 23, United States Code, $14,000,000 for fiscal year
1998, $15,000,000 for fiscal year 1999, $16,000,000 for
fiscal year 2000, $18,000,000 for fiscal year 2001,
$19,000,000 for fiscal year 2002, and $20,000,000 for fiscal
year 2003.
(4) Bureau of transportation statistics.--For the Bureau of
Transportation Statistics to carry out section 111 of title
49, United States Code, $31,000,000 for each of fiscal years
1998 through 2003.
(5) ITS standards, research, operational tests, and
development.--For carrying out sections 5204, 5205, 5206, and
5207 of this Act $95,000,000 for fiscal year 1998,
$95,000,000 for fiscal year 1999, $98,200,000 for fiscal year
2000, $100,000,000 for fiscal year 2001, $105,000,000 for
fiscal year 2002, $110,000,000 for fiscal year 2003.
(6) ITS deployment.--For carrying out sections 5208 and
5209 of this Act $101,000,000 for fiscal year 1998,
$105,000,000 for fiscal year 1999, $113,000,000 for fiscal
year 2000, $118,000,000 for fiscal year 2001, $120,000,000
for fiscal year 2002, and $122,000,000 for fiscal year 2003.
(7) University transportation research.--For carrying out
section 5505 of title 49, United States Code, $31,150,000 for
fiscal year 1998, $31,150,000 for fiscal year 1999,
$32,750,000 for fiscal year 2000, $32,750,000 for fiscal year
2001, $32,000,000 for fiscal year 2002, and $32,000,000 for
fiscal year 2003.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of a project
or activity carried out using such funds shall be 80 percent
(unless otherwise expressly provided by this subtitle or
otherwise determined by the Secretary with respect to a
project of activity) and such funds shall remain available
until expended.
(c) Allocations.--
(1) Surface transportation research.--Of the amounts made
available under subsection (a)(1)--
(A) $10,000,000 for each of fiscal years 1998 through 2003
shall be available to carry out section 502(e) of title 23,
United States Code (relating to long-term pavement
performance);
(B) not to exceed $2,000,000 for each of fiscal years 1998
through 2003 shall be available to carry out section 502(f)
of such title (relating to seismic research), of which not to
exceed $2,500,000 may be used to upgrade earthquake
simulation facilities as required to carry out the program;
(C) $500,000 for each of fiscal years 1998 through 2003
shall be available to carry out section 506 of such title
(relating to international outreach); and
(D) $5,000,000 for each of fiscal years 1998 through 2003
to carry out research on improved methods of using concrete
pavement in the construction, reconstruction, and repair of
Federal-aid highways.
(2) Technology deployment.--Of the amounts made available
under subsection (a)(2)--
(A) $1,000,000 for each of fiscal years 1998 through 2003
shall be available to carry out section 503(b)(3)(A)(i) of
title 23, United States Code (relating to research
development technology transfer activities); and
(B) $10,000,000 for fiscal year 1998, $15,000,000 for
fiscal year 1999, $17,000,000 for fiscal year 2000, and
$20,000,000 for each of fiscal years 2001 through 2003 shall
be available to carry out section 503(b)(3)(A)(ii) of such
title (relating to repair, rehabilitation, and construction).
(3) Training and education.--Of the amounts made available
under subsection (a)(3)--
(A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal
year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for
fiscal year 2001, $7,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003 shall be available to carry
out section 504(a) of title 23, United States Code (relating
to the National Highway Institute);
(B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal
year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for
fiscal year 2001, $10,000,000 for fiscal year 2002, and
$10,000,000 for fiscal year 2003 shall be available to carry
out section 504(b) of such title (relating to local technical
assistance); and
(C) $2,000,000 for each of fiscal years 1998 through 2003
shall be available to carry out section 504(c)(2) of such
title (relating to the Eisenhower Transportation Fellowship
Program).
(4) ITS deployment.--Of the amounts made available under
subsection (a)(6)--
(A) $74,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$83,000,000 for fiscal year 2001, $85,000,000 for fiscal year
2002, and $85,000,000 for fiscal year 2003 shall be available
to carry out section 5208 of this Act (relating to
Intelligent Transportation Systems integration); and
(B) $25,500,000 for fiscal year 1998, $27,200,000 for
fiscal year 1999, $30,200,000 for fiscal year 2000,
$32,200,000 for fiscal year 2001, $33,500,000 for fiscal year
2002, and $35,500,000 for fiscal year 2003 shall be available
to carry out section 5209 of this Act (relating to commercial
vehicle infrastructure).
(d) Transfers of Funds.--The Secretary may transfer not to
exceed 10 percent of the amounts allocated in a fiscal year
under a subparagraph in each of paragraphs (1) through (4) of
subsection (c) to the amounts allocated under any other
subparagraph in the paragraph.
[[Page H3875]]
SEC. 5002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Highway
Trust Fund (other than the Mass Transit Account) by section
5001(a) of this Act shall not exceed $403,150,000 for fiscal
year 1998, $409,150,000 for fiscal year 1999, $427,950,000
for fiscal year 2000, $442,750,000 for fiscal year 2001,
$453,000,000 for fiscal year 2002, and $468,000,000 for
fiscal year 2003.
SEC. 5003. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized for
carrying out this title or the amendments made by this title
are subject to a reprogramming action that requires notice to
be provided to the Committees on Appropriations of the House
of Representatives and the Senate, notice of such action
shall concurrently be provided to the Committee on
Transportation and Infrastructure and the Committee on
Science of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
(b) Notice of Reorganization.--On or before the 15th day
preceding the date of any major reorganization of a program,
project, or activity of the Department of Transportation for
which funds are authorized by this title or the amendments
made by this title, the Secretary shall provide notice of
such reorganization to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
Subtitle B--Research and Technology
SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM.
Title 23, United States Code, is amended--
(1) in the table of chapters by adding at the end the
following:
``5. Research and Technology.................................501'';....
and
(2) by adding at the end the following:
``CHAPTER 5--RESEARCH AND TECHNOLOGY
``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology deployment program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research strategic planning.
``Sec. 501. Definitions
``In this chapter, the following definitions apply:
``(1) Federal laboratory.--The term `Federal laboratory'
includes a Government-owned, Government-operated laboratory
and a Government-owned, contractor-operated laboratory.
``(2) Safety.--The term `safety' includes highway and
traffic safety systems, research, and development relating to
vehicle, highway, driver, passenger, bicyclist, and
pedestrian characteristics, accident investigations,
communications, emergency medical care, and transportation of
the injured.''.
SEC. 5102. SURFACE TRANSPORTATION RESEARCH.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 502. Surface transportation research
``(a) General Authority.--
``(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with respect
to--
``(A) motor carrier transportation;
``(B) all phases of transportation planning and development
(including construction, operation, modernization,
development, design, maintenance, safety, financing, and
traffic conditions); and
``(C) the effect of State laws on the activities described
in subparagraphs (A) and (B).
``(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any material,
invention, patented article, or process.
``(3) Cooperation, grants, and contracts.--The Secretary
may carry out this section--
``(A) independently;
``(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories; or
``(C) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with, the
National Academy of Sciences, the American Association of
State Highway and Transportation Officials, or any Federal
laboratory, State agency, authority, association,
institution, for-profit or nonprofit corporation,
organization, foreign country, or person.
``(4) Technological innovation.--The programs and
activities carried out under this section shall be consistent
with the surface transportation research and technology
development strategic plan developed under section 508.
``(5) Funds.--
``(A) Special account.--In addition to other funds made
available to carry out this section, the Secretary shall use
such funds as may be deposited by any cooperating
organization or person in a special account of the Treasury
established for this purpose.
``(B) Use of funds.--The Secretary shall use funds made
available to carry out this section to develop, administer,
communicate, and promote the use of products of research,
development, and technology transfer programs under this
section.
``(b) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the deployment
of new technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with--
``(A) non-Federal entities, including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State; and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is
substantial public interest or benefit, the Secretary may
approve a greater Federal share.
``(B) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel, and
hardware development costs, shall be credited toward the non-
Federal share of the cost of the activities described in
subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
``(c) Contents of Research Program.--The Secretary shall
include in surface transportation research, technology
development, and technology transfer programs carried out
under this title coordinated activities in the following
areas:
``(1) Development, use, and dissemination of indicators,
including appropriate computer programs for collecting and
analyzing data on the status of infrastructure facilities, to
measure the performance of the surface transportation systems
of the United States, including productivity, efficiency,
energy use, air quality, congestion, safety, maintenance, and
other factors that reflect system performance.
``(2) Methods, materials, and testing to improve the
durability of surface transportation infrastructure
facilities and extend the life of bridge structures,
including--
``(A) new and innovative technologies to reduce corrosion;
``(B) tests simulating seismic activity, vibration, and
weather; and
``(C) the use of innovative recycled materials.
``(3) Technologies and practices that reduce costs and
minimize disruptions associated with the construction,
rehabilitation, and maintenance of surface transportation
systems, including responses to natural disasters.
``(4) Development of nondestructive evaluation equipment
for use with existing infrastructure facilities and with
next-generation infrastructure facilities that use advanced
materials.
``(5) Dynamic simulation models of surface transportation
systems for--
``(A) predicting capacity, safety, and infrastructure
durability problems;
``(B) evaluating planned research projects; and
``(C) testing the strengths and weaknesses of proposed
revisions to surface transportation operations programs.
``(6) Economic highway geometrics, structures, and
desirable weight and size standards for vehicles using the
public highways and the feasibility of uniformity in State
regulations with respect to such standards.
``(7) Telecommuting and the linkages between
transportation, information technology, and community
development and the impact of technological change and
economic restructuring on travel demand.
``(8) Expansion of knowledge of implementing life cycle
cost analysis, including--
``(A) establishing the appropriate analysis period and
discount rates;
``(B) learning how to value and properly consider use
costs;
``(C) determining tradeoffs between reconstruction and
rehabilitation; and
``(D) establishing methodologies for balancing higher
initial costs of new technologies and improved or advanced
materials against lower maintenance costs.
``(9) Standardized estimates, to be developed in
conjunction with the National Institute of Standards and
Technology and other appropriate organizations, of useful
life under various conditions for advanced materials of use
in surface transportation.
``(10) Evaluation of traffic calming measures that promote
community preservation, transportation mode choice, and
safety.
``(11) Development and implementation of safety-enhancing
equipment, including unobtrusive eyetracking technology.
``(d) Advanced Research.--
``(1) In general.--The Secretary shall establish an
advanced research program, consistent with the surface
transportation research and technology development strategic
plan developed under section 508, that addresses longer-term,
higher-risk research that shows potential benefits for
improving the durability, efficiency, environmental impact,
productivity, and safety (including bicycle and pedestrian
safety) of highway and intermodal transportation systems. In
carrying out the program, the Secretary shall
[[Page H3876]]
strive to develop partnerships with the public and private
sectors.
``(2) Research areas.--In carrying out the program, the
Secretary may make grants and enter into cooperative
agreements and contracts in such areas as the Secretary
determines appropriate, including the following:
``(A) Characterization of materials used in highway
infrastructure, including analytical techniques,
microstructure modeling, and the deterioration processes.
``(B) Diagnostics for evaluation of the condition of bridge
and pavement structures to enable the assessment of risks of
failure, including from seismic activity, vibration, and
weather.
``(C) Design and construction details for composite
structures.
``(D) Safety technology-based problems in the areas of
pedestrian and bicycle safety, roadside hazards, and
composite materials for roadside safety hardware.
``(E) Environmental research, including particulate matter
source apportionment and model development.
``(F) Data acquisition techniques for system condition and
performance monitoring.
``(G) Human factors, including prediction of the response
of travelers to new technologies.
``(e) Long-Term Pavement Performance Program.--
``(1) Authority.--The Secretary shall complete the long-
term pavement performance program tests initiated under the
strategic highway research program established under section
307(d) (as in effect on the day before the date of enactment
of this section) and continued by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et
seq.) through the midpoint of a planned 20-year life of the
long-term pavement performance program.
``(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
``(A) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
``(B) analyze the data obtained in carrying out
subparagraph (A); and
``(C) prepare products to fulfill program objectives and
meet future pavement technology needs.
``(f) Seismic Research Program.--
``(1) Establishment.--The Secretary shall establish a
program to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity and to develop and implement cost-effective methods
to reduce such vulnerability.
``(2) Cooperation with national center for earthquake
engineering research.--The Secretary shall conduct the
program in cooperation with the National Center for
Earthquake Engineering Research at the University of Buffalo.
``(3) Cooperation with agencies participating in national
earthquake hazards reduction program.--The Secretary shall
conduct the program in consultation and cooperation with
Federal departments and agencies participating in the
National Earthquake Hazards Reduction Program established by
section 5 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7704) and shall take such actions as may be necessary
to ensure that the program is consistent with--
``(A) planning and coordination activities of the Director
of the Federal Emergency Management Agency under section
5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and
``(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of such Act
(42 U.S.C. 7705b(b)).
``(g) Infrastructure Investment Needs Report.--
``(1) In general.--Not later than January 31, 1999, and
January 31 of every second year thereafter, the Secretary
shall report to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on--
``(A) estimates of the future highway and bridge needs of
the United States; and
``(B) the backlog of current highway and bridge needs.
``(2) Comparison with prior reports.--Each report under
paragraph (1) shall provide the means, including all
necessary information, to relate and compare the conditions
and service measures used in the 3 biannual reports published
prior to the date of enactment of the Transportation Equity
Act for the 21st Century.''.
SEC. 5103. TECHNOLOGY DEPLOYMENT.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 503. Technology deployment
``(a) Technology Deployment Initiatives and Partnerships
Program.--
``(1) Establishment.--The Secretary shall develop and
administer a national technology deployment initiatives and
partnerships program.
``(2) Purpose.--The purpose of the program shall be to
significantly accelerate the adoption of innovative
technologies by the surface transportation community.
``(3) Deployment goals.--
``(A) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
establish not more than 5 deployment goals to carry out
paragraph (1).
``(B) Design.--Each of the goals and the program developed
to achieve the goals shall be designed to provide tangible
benefits, with respect to transportation systems, in the
areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability.
``(C) Strategies for achievement.--For each goal, the
Secretary, in cooperation with representatives of the
transportation community such as States, local governments,
the private sector, and academia, shall use domestic and
international technology to develop strategies and
initiatives to achieve the goal, including technical
assistance in deploying technology and mechanisms for sharing
information among program participants.
``(4) Integration with other programs.--The Secretary shall
integrate activities carried out under this subsection with
the efforts of the Secretary to disseminate the results of
research sponsored by the Secretary and to facilitate
technology transfer.
``(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that leverage
Federal funds with other significant public or private
resources.
``(6) Continuation of shrp partnerships.--Under the
program, the Secretary shall continue the partnerships
established through the strategic highway research program
established under section 307(d) (as in effect on the day
before the date of enactment of this section).
``(7) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary may make grants and enter into
cooperative agreements and contracts to foster alliances and
support efforts to stimulate advances in transportation
technology, including--
``(A) the testing and evaluation of products of the
strategic highway research program;
``(B) the further development and implementation of
technology in areas such as the Superpave system and the use
of lithium salts and other alternatives to prevent and
mitigate alkali silica reactivity;
``(C) the provision of support for long-term pavement
performance product implementation and technology access; and
``(D) other activities to achieve the goals established
under paragraph (3).
``(8) Reports.--Not later than 18 months after the date of
enactment of this section, and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress and results of
activities carried out under this section.
``(9) Allocation.--To the extent appropriate to achieve the
goals established under paragraph (3), the Secretary may
further allocate funds made available to carry out this
section to States for their use.
``(b) Innovative Bridge Research and Construction
Program.--
``(1) In general.--The Secretary shall establish and carry
out a program to demonstrate the application of innovative
material technology in the construction of bridges and other
structures.
``(2) Goals.--The goals of the program shall include--
``(A) the development of new, cost-effective innovative
material highway bridge applications;
``(B) the reduction of maintenance costs and life-cycle
costs of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
``(C) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
``(D) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures;
``(E) the development of cost-effective and innovative
techniques to separate vehicle and pedestrian traffic from
railroad traffic;
``(F) the development of highway bridges and structures
that will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
``(G) the development of new nondestructive bridge
evaluation technologies and techniques.
``(3) Grants, cooperative agreements, and contracts.--
``(A) In general.--Under the program, the Secretary shall
make grants to, and enter into cooperative agreements and
contracts with--
``(i) States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations to pay the Federal share of the cost of
research, development, and technology transfer concerning
innovative materials; and
``(ii) States to pay the Federal share of the cost of
repair, rehabilitation, replacement, and new construction of
bridges or structures that demonstrate the application of
innovative materials.
``(B) Applications.--To receive a grant under this
subsection, an entity described in subparagraph (A) shall
submit an application to the Secretary. The application shall
be in such form and contain such information as the Secretary
may require. The Secretary shall select and approve the
applications based on whether the project that is the subject
of the grant meets the goals of the program described in
paragraph (2).
``(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to ensure that the
information and technology resulting from research conducted
under paragraph (3) is made available to State and local
transportation departments and other interested parties as
specified by the Secretary.
``(5) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.''.
SEC. 5104. TRAINING AND EDUCATION.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 504. Training and education
``(a) National Highway Institute.--
``(1) In general.--The Secretary shall operate in the
Federal Highway Administration a National Highway Institute
(in this subsection referred to as the `Institute'). The
Secretary shall administer, through the Institute, the
authority
[[Page H3877]]
vested in the Secretary by this title or by any other law for
the development and conduct of education and training
programs relating to highways.
``(2) Duties of the institute.--In cooperation with State
transportation departments, United States industry, and any
national or international entity, the Institute shall develop
and administer education and training programs of instruction
for--
``(A) Federal Highway Administration, State, and local
transportation agency employees;
``(B) regional, State, and metropolitan planning
organizations;
``(C) State and local police, public safety, and motor
vehicle employees; and
``(D) United States citizens and foreign nationals engaged
or to be engaged in surface transportation work of interest
to the United States.
``(3) Courses.--The Institute may develop and administer
courses in modern developments, techniques, methods,
regulations, management, and procedures relating to surface
transportation, environmental mitigation and compliance,
acquisition of rights-of-way, relocation assistance,
engineering, safety, construction, maintenance and
operations, contract administration, motor carrier safety
activities, inspection, and highway finance.
``(4) Set-aside; federal share.--Not to exceed \1/2\ of 1
percent of the funds apportioned to a State under section
104(b)(3) for the surface transportation program shall be
available for expenditure by the State transportation
department for the payment of not to exceed 80 percent of the
cost of tuition and direct educational expenses (excluding
salaries) in connection with the education and training of
employees of State and local transportation agencies in
accordance with this subsection.
``(5) Federal responsibility.--
``(A) In general.--Except as provided in subparagraph (B),
education and training of employees of Federal, State, and
local transportation (including highway) agencies authorized
under this subsection may be provided--
``(i) by the Secretary at no cost to the States and local
governments if the Secretary determines that provision at no
cost is in the public interest; or
``(ii) by the State through grants, cooperative agreements,
and contracts with public and private agencies, institutions,
individuals, and the Institute.
``(B) Payment of full cost by private persons.--Private
agencies, international or foreign entities, and individuals
shall pay the full cost of any education and training
received by them unless the Secretary determines that a lower
cost is of critical importance to the public interest.
``(6) Training fellowships; cooperation.--The Institute
may--
``(A) engage in training activities authorized under this
subsection, including the granting of training fellowships;
and
``(B) carry out its authority independently or in
cooperation with any other branch of the Federal Government
or any State agency, authority, association, institution,
for-profit or nonprofit corporation, other national or
international entity, or other person.
``(7) Collection of fees.--
``(A) General rule.--In accordance with this subsection,
the Institute may assess and collect fees solely to defray
the costs of the Institute in developing or administering
education and training programs under this subsection.
``(B) Limitation.--Fees may be assessed and collected under
this subsection only in a manner that may reasonably be
expected to result in the collection of fees during any
fiscal year in an aggregate amount that does not exceed the
aggregate amount of the costs referred to in subparagraph (A)
for the fiscal year.
``(C) Persons subject to fees.--Fees may be assessed and
collected under this subsection only with respect to--
``(i) persons and entities for whom education or training
programs are developed or administered under this subsection;
and
``(ii) persons and entities to whom education or training
is provided under this subsection.
``(D) Amount of fees.--The fees assessed and collected
under this subsection shall be established in a manner that
ensures that the liability of any person or entity for a fee
is reasonably based on the proportion of the costs referred
to in subparagraph (A) that relate to the person or entity.
``(E) Use.--All fees collected under this subsection shall
be used to defray costs associated with the development or
administration of education and training programs authorized
under this subsection.
``(8) Relation to fees.--The funds made available to carry
out this subsection may be combined with or held separate
from the fees collected under paragraph (7).
``(b) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access to
surface transportation technology to--
``(A) highway and transportation agencies in urbanized
areas with populations of between 50,000 and 1,000,000
individuals;
``(B) highway and transportation agencies in rural areas;
and
``(C) contractors that do work for the agencies.
``(2) Grants, cooperative agreements, and contracts.--The
Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training,
technical assistance, and related support services to--
``(A) assist rural, local transportation agencies and
tribal governments, and the consultants and construction
personnel working for the agencies and governments, to--
``(i) develop and expand their expertise in road and
transportation areas (including pavement, bridge, concrete
structures, safety management systems, and traffic safety
countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--
``(I) programs for the movement of passengers and freight;
and
``(II) intergovernmental transportation planning and
project selection; and
``(iv) deal effectively with special transportation-related
problems by preparing and providing training packages,
manuals, guidelines, and technical resource materials;
``(B) develop technical assistance for tourism and
recreational travel;
``(C) identify, package, and deliver transportation
technology and traffic safety information to local
jurisdictions to assist urban transportation agencies in
developing and expanding their ability to deal effectively
with transportation-related problems;
``(D) operate, in cooperation with State transportation
departments and universities--
``(i) local technical assistance program centers designated
to provide transportation technology transfer services to
rural areas and to urbanized areas with populations of
between 50,000 and 1,000,000 individuals; and
``(ii) local technical assistance program centers
designated to provide transportation technical assistance to
Indian tribal governments; and
``(E) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
``(c) Research Fellowships.--
``(1) General authority.--The Secretary, acting either
independently or in cooperation with other Federal
departments, agencies, and instrumentalities, may make grants
for research fellowships for any purpose for which research
is authorized by this chapter.
``(2) Dwight david eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program for the purpose of
attracting qualified students to the field of transportation.
The program shall be known as the `Dwight David Eisenhower
Transportation Fellowship Program'.''.
SEC. 5105. STATE PLANNING AND RESEARCH.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 505. State planning and research
``(a) General Rule.--Two percent of the sums apportioned to
a State for fiscal year 1998 and each fiscal year thereafter
under section 104 (other than sections 104(f) and 104(h)) and
under section 144 shall be available for expenditure by the
State, in consultation with the Secretary, only for the
following purposes:
``(1) Engineering and economic surveys and investigations.
``(2) The planning of future highway programs and local
public transportation systems and the planning of the
financing of such programs and systems, including
metropolitan and statewide planning under sections 134 and
135.
``(3) Development and implementation of management systems
under section 303.
``(4) Studies of the economy, safety, and convenience of
surface transportation systems and the desirable regulation
and equitable taxation of such systems.
``(5) Research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, and maintenance of highway,
public transportation, and intermodal transportation
systems.
``(6) Study, research, and training on the engineering
standards and construction materials for transportation
systems described in paragraph (5), including the evaluation
and accreditation of inspection and testing and the
regulation and taxation of their use.
``(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
``(1) In general.--Subject to paragraph (2), not less than
25 percent of the funds subject to subsection (a) that are
apportioned to a State for a fiscal year shall be expended by
the State for research, development, and technology transfer
activities described in subsection (a), relating to highway,
public transportation, and intermodal transportation systems.
``(2) Waivers.--The Secretary may waive the application of
paragraph (1) with respect to a State for a fiscal year if
the State certifies to the Secretary for the fiscal year that
total expenditures by the State for transportation planning
under sections 134 and 135 will exceed 75 percent of the
funds described in paragraph (1) and the Secretary accepts
such certification.
``(3) Nonapplicability of assessment.--Funds expended under
paragraph (1) shall not be considered to be part of the
extramural budget of the agency for the purpose of section 9
of the Small Business Act (15 U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a)
shall be 80 percent unless the Secretary determines that the
interests of the Federal-aid highway program would be best
served by decreasing or eliminating the non-Federal share.
``(d) Administration of Sums.--Funds subject to subsection
(a) shall be combined and administered by the Secretary as a
single fund and shall be available for obligation for the
same period as funds apportioned under section 104(b)(1).''.
SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH
PROGRAM.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
[[Page H3878]]
``Sec. 506. International highway transportation outreach
program
``(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
``(1) to inform the United States highway community of
technological innovations in foreign countries that could
significantly improve highway transportation in the United
States;
``(2) to promote United States highway transportation
expertise, goods, and services in foreign countries; and
``(3) to increase transfers of United States highway
transportation technology to foreign countries.
``(b) Activities.--Activities carried out under the program
may include--
``(1) development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries that
could significantly improve highway transportation in the
United States;
``(2) research, development, demonstration, training, and
other forms of technology transfer and exchange;
``(3) informing foreign countries about the technical
quality of United States highway transportation goods and
services through participation in trade shows, seminars,
expositions, and other such activities;
``(4) offering technical services of the Federal Highway
Administration that cannot be readily obtained from United
States private sector firms to be incorporated into the
proposals of United States private sector firms undertaking
highway transportation projects outside the United States if
the costs of such services will be recovered under the terms
of the project;
``(5) conducting studies to assess the need for or
feasibility of highway transportation improvements in
countries that are not members of the Organization for
Economic Cooperation and Development, as of December 18,
1991, and in Greece and Turkey; and
``(6) gathering and disseminating information on foreign
transportation markets and industries.
``(c) Cooperation.--The Secretary may carry out this
section in cooperation with any appropriate Federal agency,
State or local agency, authority, association, institution,
corporation (profit or nonprofit), foreign government,
multinational institution, or other organization or person.
``(d) Funds.--
``(1) Contributions.--Funds available to carry out this
section shall include funds deposited by any cooperating
organization or person into a special account of the Treasury
established for this purpose.
``(2) Eligible uses of funds.--The funds deposited into the
account and other funds available to carry out this section
shall be available to cover the cost of any activity eligible
under this section, including the cost of promotional
materials, travel, reception and representation expenses, and
salaries and benefits.
``(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this
section shall be credited to the account.
``(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out section 505 for any activity
authorized under subsection (a).''.
SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE
RESEARCH PROGRAM.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 507. Surface transportation-environment cooperative
research program
``(a) In General.--The Secretary shall establish and carry
out a surface transportation-environment cooperative research
program.
``(b) Contents.--The program to be carried out under this
section shall include research designed--
``(1) to develop more accurate models for evaluating
transportation control measures and transportation system
designs that are appropriate for use by State and local
governments, including metropolitan planning organizations,
in designing implementation plans to meet Federal, State, and
local environmental requirements;
``(2) to improve understanding of the factors that
contribute to the demand for transportation, including
transportation system design, demographic change, land use
planning, and communications and other information
technologies;
``(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
``(4) to study the relationship between highway density and
ecosystem integrity, including the impacts of highway density
on habitat integrity and overall ecosystem health, and
develop a rapid assessment methodology for use by
transportation and regulatory agencies in determining the
relationship between highway density and ecosystem integrity;
and
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including
recommendations of the National Research Council in the
report entitled `Environmental Research Needs in
Transportation'.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the Secretary of
Energy, the Administrator of the Environmental Protection
Agency, and the heads of other appropriate Federal
departments and agencies, the Secretary shall establish an
advisory board to recommend environmental and energy
conservation research, technology, and technology transfer
activities related to surface transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation and
environmental agencies;
``(B) transportation and environmental scientists and
engineers; and
``(C) representatives of metropolitan planning
organizations, transit operating agencies, and environmental
organizations.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary
determines appropriate.''.
SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC
PLANNING.
Chapter 5 of title 23, United States Code (as added by
section 5101 of this title), is amended by adding at the end
the following:
``Sec. 508. Surface transportation research strategic
planning
``(a) In General.--The Secretary shall--
``(1) establish a strategic planning process, consistent
with section 306 of title 5 for the Department of
Transportation to determine national transportation research
and technology development priorities related to surface
transportation;
``(2) coordinate Federal surface transportation research
and technology development activities;
``(3) measure the results of those activities and how they
impact the performance of the surface transportation systems
of the United States; and
``(4) ensure that planning and reporting activities carried
out under this section are coordinated with all other surface
transportation planning and reporting requirements.
``(b) Implementation.--The Secretary shall--
``(1) provide for the integrated planning, coordination,
and consultation among the operating administrations of the
Department of Transportation, all other Federal agencies with
responsibility for surface transportation research and
technology development, State and local governments,
institutions of higher education, industry, and other private
and public sector organizations engaged in surface
transportation-related research and development activities;
``(2) ensure that the surface transportation research and
technology development programs of the Department do not
duplicate other Federal, State, or private sector research
and development programs; and
``(3) provide for independent validation of the scientific
and technical assumptions underlying the surface
transportation research and technology development programs
of the Department.
``(c) Surface Transportation Research and Technology
Development Strategic Plan.--
``(1) Development.--The Secretary shall develop an
integrated surface transportation research and technology
development strategic plan.
``(2) Contents.--The plan shall include--
``(A) an identification of the general goals and objectives
of the Department of Transportation for surface
transportation research and development;
``(B) a description of the roles of the Department and
other Federal agencies in achieving the goals identified
under subparagraph (A), in order to avoid unnecessary
duplication of effort;
``(C) a description of the overall strategy of the
Department, and the role of each of the operating
administrations of the Department, in carrying out the plan
over the next 5 years, including a description of procedures
for coordination of the efforts of the Secretary with the
efforts of the operating administrations of the Department
and other Federal agencies;
``(D) an assessment of how State and local research and
technology development activities are contributing to the
achievement of the goals identified under subparagraph (A);
``(E) details of the surface transportation research and
technology development programs of the Department, including
performance goals, resources needed to achieve those goals,
and performance indicators as described in section 1115(a) of
title 31, United States Code, for the next 5 years for each
area of research and technology development;
``(F) significant comments on the plan obtained from
outside sources; and
``(G) responses to significant comments obtained from the
National Research Council and other advisory bodies, and a
description of any corrective actions taken pursuant to such
comments.
``(3) National research council review.--The Secretary
shall enter into an agreement for the review by the National
Research Council of the details of each--
``(A) strategic plan or revision required under section 306
of title 5;
``(B) performance plan required under section 1115 of title
31; and
``(C) program performance report required under section
1116,
with respect to surface transportation research and
technology development.
``(4) Performance plans and reports.--In reports submitted
under sections 1115 and 1116 of title 31, the Secretary shall
include--
``(A) a summary of the results for the previous fiscal year
of surface transportation research and technology development
programs to which the Department of Transportation
contributes, along with--
``(i) an analysis of the relationship between those results
and the goals identified under paragraph (2)(A); and
``(ii) a description of the methodology used for assessing
the results; and
``(B) a description of significant surface transportation
research and technology development
[[Page H3879]]
initiatives, if any, undertaken during the previous fiscal
year that were not in the plan developed under paragraph (1),
and any significant changes in the plan from the previous
year's plan.
``(d) Merit Review and Performance Measurement.--Not later
than 1 year after the date of enactment of this section, the
Secretary shall transmit to Congress a report describing
competitive merit review procedures for use in selecting
grantees and contractors in the programs covered by the plan
developed under subsection (c) and performance measurement
procedures for evaluating the programs.
``(e) Procurement Procedures.--The Secretary shall--
``(1) develop model procurement procedures that encourage
the use of advanced technologies; and
``(2) develop model transactions for carrying out and
coordinating Federal and State surface transportation
research and technology development activities.
``(f) Consistency With Government Performance and Results
Act of 1993.--The plans and reports developed under this
section shall be consistent with and incorporated as part of
the plans developed under section 306 of title 5 and sections
1115 and 1116 of title 31.''.
SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 111 of title 49, United States
Code, is amended--
(1) in subsection (b)(4) by striking the second sentence;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (J) by striking ``and'' at the end;
(ii) in subparagraph (K) by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(L) transportation-related variables that influence
global competitiveness.'';
(B) in paragraph (2)--
(i) in the first sentence by striking ``national
transportation system'' and inserting ``transportation
systems of the United States'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) be coordinated with efforts to measure outputs and
outcomes of the Department of Transportation and the
transportation systems of the United States under the
Government Performance and Results Act of 1993 (107 Stat. 285
et seq.) and the amendments made by such Act;''; and
(iii) in subparagraph (C) by inserting ``, made relevant to
the States and metropolitan planning organizations,'' after
``accuracy'';
(C) in paragraph (3) by adding at the end the following:
``The Bureau shall review and report to the Secretary of
Transportation on the sources and reliability of the
statistics proposed by the heads of the operating
administrations of the Department to measure outputs and
outcomes as required by the Government Performance and
Results Act of 1993, and the amendments made by such Act, and
shall carry out such other reviews of the sources and
reliability of other data collected by the heads of the
operating administrations of the Department as shall be
requested by the Secretary.''; and
(D) by adding at the end the following:
``(7) Supporting transportation decisionmaking.--Ensuring
that the statistics compiled under paragraph (1) are relevant
for transportation decisionmaking by the Federal Government,
State and local governments, transportation-related
associations, private businesses, and consumers.'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (h), (i), and (j), respectively;
(4) by striking subsection (g);
(5) by inserting after subsection (c) the following:
``(d) Intermodal Transportation Data Base.--
``(1) In general.--In consultation with the Associate
Deputy Secretary, the Assistant Secretaries, and the heads of
the operating administrations of the Department of
Transportation, the Director shall establish and maintain a
transportation data base for all modes of transportation.
``(2) Use.--The data base shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
``(3) Contents.--The data base shall include--
``(A) information on the volumes and patterns of movement
of goods, including local, interregional, and international
movement, by all modes of transportation and intermodal
combinations, and by relevant classification;
``(B) information on the volumes and patterns of movement
of people, including local, interregional, and international
movements, by all modes of transportation (including bicycle
and pedestrian modes) and intermodal combinations, and by
relevant classification;
``(C) information on the location and connectivity of
transportation facilities and services; and
``(D) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.
``(e) National Transportation Library.--
``(1) In general.--The Director shall establish and
maintain a National Transportation Library, which shall
contain a collection of statistical and other information
needed for transportation decisionmaking at the Federal,
State, and local levels.
``(2) Access.--The Director shall facilitate and promote
access to the Library, with the goal of improving the ability
of the transportation community to share information and the
ability of the Director to make statistics readily accessible
under subsection (c)(5).
``(3) Coordination.--The Director shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal
specified in paragraph (2).
``(f) National Transportation Atlas Data Base.--
``(1) In general.--The Director shall develop and maintain
geospatial data bases that depict--
``(A) transportation networks;
``(B) flows of people, goods, vehicles, and craft over the
networks; and
``(C) social, economic, and environmental conditions that
affect or are affected by the networks.
``(2) Intermodal network analysis.--The data bases shall be
able to support intermodal network analysis.
``(g) Research and Development Grants.--
``(1) In general.--The Secretary may make grants to, or
enter into cooperative agreements or contracts with, public
and nonprofit private entities (including State
transportation departments, metropolitan planning
organizations, and institutions of higher education) for--
``(A) investigation of the subjects specified in subsection
(c)(1) and research and development of new methods of data
collection, management, integration, dissemination,
interpretation, and analysis;
``(B) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under subsection (e); and
``(C) development and improvement of methods for sharing
geographic data, in support of the national transportation
atlas data base under subsection (f) and the National Spatial
Data Infrastructure developed under Executive Order No.
12906.
``(2) Limitation.--Not more than $500,000 of the amounts
made available to carry out this section in a fiscal year may
be used to carry out this subsection.'';
(6) by striking subsection (i) (as redesignated by
paragraph (3) of this subsection) and inserting the
following:
``(i) Prohibition on Certain Disclosures.--
``(1) In general.--An officer or employee of the Bureau may
not--
``(A) make any disclosure in which the data provided by an
individual or organization under subsection (c)(2) can be
identified;
``(B) use the information provided under subsection (c)(2)
for a nonstatistical purpose; or
``(C) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
subsection (c)(2).
``(2) Prohibition on requests for certain data.--
``(A) Government agencies.--No department, bureau, agency,
officer, or employee of the United States (except the
Director in carrying out this section) may require, for any
reason, a copy of any report that has been filed under
subsection (c)(2) with the Bureau or retained by an
individual respondent.
``(B) Courts.--Any copy of a report described in
subparagraph (A) that has been retained by an individual
respondent or filed with the Bureau or any of its employees,
contractors, or agents--
``(i) shall be immune from legal process; and
``(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
``(C) Applicability.--This paragraph shall apply only to
reports that permit information concerning an individual or
organization to be reasonably inferred by direct or indirect
means.
``(3) Data collected for nonstatistical purposes.--In a
case in which the Bureau is authorized by statute to collect
data or information for a nonstatistical purpose, the
Director shall clearly distinguish the collection of the data
or information, by rule and on the collection instrument, so
as to inform a respondent that is requested or required to
supply the data or information of the nonstatistical
purpose.'';
(7) in subsection (j) (as redesignated by paragraph (3) of
this subsection) by striking ``On or before January 1, 1994,
and annually thereafter, the'' and inserting ``The''; and
(8) by adding at the end the following:
``(k) Proceeds of Data Product Sales.--Notwithstanding
section 3302 of title 31, United States Code, funds received
by the Bureau from the sale of data products, for necessary
expenses incurred, may be credited to the Highway Trust Fund
(other than the Mass Transit Account) for the purpose of
reimbursing the Bureau for the expenses.''.
(b) Conforming Amendments.--Section 5503 of title 49,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 5505. University transportation research
``(a) Regional Centers.--The Secretary of Transportation
shall make grants to nonprofit institutions of higher
learning to establish and operate 1 university transportation
center in each of the 10 United States Government regions
that comprise the Standard Federal Regional Boundary System.
``(b) Other Centers.--The Secretary shall make grants to
nonprofit institutions of higher learning to establish and
operate university transportation centers, in addition to the
centers receiving grants under subsection (a), to address
transportation management and research and development
matters, with special attention to increasing the number of
highly skilled individuals entering the field of
transportation.
``(c) Selection of Grant Recipients.--
[[Page H3880]]
``(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning shall submit to the Secretary an application that is
in such form and contains such information as the Secretary
may require.
``(2) Selection criteria.--Except as otherwise provided by
this section, the Secretary shall select each recipient of a
grant under this section through a competitive process on the
basis of the following:
``(A) For regional centers, the location of the center
within the Federal region to be served.
``(B) The demonstrated research and extension resources
available to the recipient to carry out this section.
``(C) The capability of the recipient to provide leadership
in making national and regional contributions to the solution
of immediate and long-range transportation problems.
``(D) The recipient's establishment of a surface
transportation program encompassing several modes of
transportation.
``(E) The recipient's demonstrated commitment of at least
$200,000 in regularly budgeted institutional amounts each
year to support ongoing transportation research and education
programs.
``(F) The recipient's demonstrated ability to disseminate
results of transportation research and education programs
through a statewide or regionwide continuing education
program.
``(G) The strategic plan the recipient proposes to carry
out under the grant.
``(d) Objectives.--Each university transportation center
receiving a grant under this section shall conduct the
following programs and activities:
``(1) Basic and applied research, the products of which are
judged by peers or other experts in the field to advance the
body of knowledge in transportation.
``(2) An education program that includes multidisciplinary
course work and participation in research.
``(3) An ongoing program of technology transfer that makes
research results available to potential users in a form that
can be implemented, utilized, or otherwise applied.
``(e) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a recipient shall enter
into an agreement with the Secretary to ensure that the
recipient will maintain total expenditures from all other
sources to establish and operate a university transportation
center and related research activities at a level at least
equal to the average level of such expenditures in its 2
fiscal years prior to award of a grant under this section.
``(f) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section
is 50 percent of costs. The non-Federal share may include
funds provided to a recipient under section 503, 504(b), or
505 of title 23, United States Code.
``(g) Program Coordination.--
``(1) Coordination.--The Secretary shall coordinate the
research, education, training, and technology transfer
activities that grant recipients carry out under this
section, disseminate the results of the research, and
establish and operate a clearinghouse.
``(2) Annual review and evaluation.--At least annually and
consistent with the plan developed under section 5506, the
Secretary shall review and evaluate programs the grant
recipients carry out.
``(3) Funding limitation.--The Secretary may use not more
than 1 percent of amounts made available from Government
sources to carry out this subsection.
``(h) Limitation on Availability of Funds.--Funds made
available to carry out this program shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which such funds are authorized.
``(i) Number and Amount of Grants.--
``(1) Fiscal years 1998 and 1999.--For each of fiscal years
1998 and 1999, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in the
amount of $1,000,000 to each of the institutions in group A.
``(B) Group b.--The Secretary shall make a grant in the
amount of $300,000 to each of the institutions in group B.
``(C) Group c.--The Secretary shall make a grant in the
amount of $750,000 to each of the institutions in group C.
``(D) Group d.--The Secretary shall make a grant in the
amount of $2,000,000 to each of the institutions in group D.
``(2) Fiscal years 2000 and 2001.--For each of fiscal years
2000 and 2001, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in the
amount of $1,000,000 to each of the institutions in group A.
``(B) Group b.--The Secretary shall make a grant in the
amount of $500,000 to 8 of the institutions in group B.
``(C) Group c.--The Secretary shall make a grant in the
amount of $750,000 to each of the institutions in group C.
``(D) Group d.--The Secretary shall make a grant in the
amount of $2,000,000 to each of the institutions in group D.
``(3) Fiscal years 2002 and 2003.--For each of fiscal years
2002 and 2003, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in the
amount of $1,000,000 to each of the institutions in group A.
``(B) Groups b and c.--The Secretary shall make a grant in
the amount of $1,000,000 to 10 of the institutions in groups
B and C that received grants under this section in fiscal
years 2000 and 2001.
``(C) Group d.--The Secretary shall make a grant in the
amount of $2,000,000 to each of the institutions in group D.
``(j) Identification of Groups.--For the purpose of making
grants this section, the following groups are identified:
``(1) Group a.--Group A shall consist of the 10 regional
centers selected under subsection (a).
``(2) Group b.--Group B shall consist of the following:
``(A) The University of Denver and Mississippi State
University.
``(B) The University of Central Florida.
``(C) University of Southern California and California
State University at Long Beach.
``(D) Rutgers University.
``(E) University of Missouri at Rolla.
``(F) South Carolina State University.
``(G) Joseph P. Kennedy Science and Technology Center,
Assumption College, Massachusetts.
``(H) Purdue University.
``(3) Group c.--Group C shall consist of the following:
``(A) University of Arkansas.
``(B) New Jersey Institute of Technology.
``(C) University of Idaho.
``(D) The University of Alabama.
``(E) Morgan State University.
``(F) North Carolina State University.
``(G) San Jose State University.
``(H) University of South Florida.
``(I) North Carolina A. and T. State University.
``(4) Group d.--Group D shall consist of the following:
``(A) University of Minnesota.
``(B) Marshall University, West Virginia, on behalf of a
consortium of West Virginia colleges and universities.
``(C) George Mason University, along with the University of
Virginia and Virginia Tech University.
``(D) Western Transportation Institute.
``(E) Rhode Island Transportation Research Center.
``(F) Northwestern University.''.
(b) Conforming Amendment.--The table of sections for
chapter 55 of title 49, United States Code, is amended by
inserting after the item relating to section 5504 the
following:
``5505. University transportation research.''.
(c) Repeals.--Section 5316 and 5317 of title 49, United
States Code, and the items relating to such sections in the
analysis for chapter 53 of such title, are repealed.
SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.
(a) In General.--Subchapter I of chapter 55 of subtitle I
of title 49, United States Code (as amended by section 5110
of this Act), is amended by adding at the end the following:
``Sec. 5506. Advanced vehicle technologies program
``(a) Purposes.--The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research,
development, and deployment of transportation technologies
that will use technological advances in multimodal vehicles,
vehicle components, environmental technologies, and related
infrastructure to remove impediments to an efficient, safe,
and cost-effective national transportation system.
``(b) Definition of Eligible Consortium.--In this section,
the term `eligible consortium' means a consortium that
receives funding under the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat.
1876), and that comprises 2 or more of the following
entities:
``(1) Businesses incorporated in the United States.
``(2) Public or private educational or research
organizations located in the United States.
``(3) Entities of State or local governments in the United
States.
``(4) Federal laboratories.
``(c) Program.--The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized
by section 2371 of title 10 with, and make grants to,
eligible consortia to promote the development and deployment
of innovation in transportation technology services,
management, and operational practices.
``(d) Eligibility Criteria.--To be eligible to receive
assistance under this section, an eligible consortium shall--
``(1) for a period of not less than the 3 years preceding
the date of a contract, cooperative agreement, or other
transaction, be organized on a statewide or multistate basis
for the purpose of designing, developing, and deploying
transportation technologies that address identified
technological impediments in the transportation field;
``(2) facilitate the participation in the consortium of
small- and medium-sized businesses, utilities, public
laboratories and universities, and other relevant entities;
``(3) be actively engaged in transportation technology
projects that address compliance in nonattainment areas under
the Clean Air Act (42 U.S.C. 7401 et seq.);
``(4) be designed to use Federal and State funding to
attract private capital in the form of grants or investments
to carry out this section; and
``(5) ensure that at least 50 percent of the funding for
the consortium project will be provided by non-Federal
sources.
``(e) Proposals.--The Secretary shall prescribe such terms
and conditions as the Secretary determines to be appropriate
for the content and structure of proposals submitted for
assistance under this section.
``(f) Reporting Requirements.--At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the projects undertaken by the eligible consortia
and the progress made in advancing the purposes of this
section.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $50,000,000 for each of fiscal
years 1999 through 2003, to remain available until expended.
[[Page H3881]]
``(2) Availability.--Notwithstanding section 118(a), funds
made available under paragraph (1) shall not be available in
advance of an annual appropriation.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by inserting after
the item relating to section 5505 the following:
``5506. Advanced vehicle technologies program.''.
SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH
PROGRAM.
(a) Study.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall make a grant to,
or enter into a cooperative agreement or contract with, the
Transportation Research Board of the National Academy of
Sciences (in this section referred to as the ``Board'') to
conduct a study to determine the goals, purposes, research
agenda and projects, administrative structure, and fiscal
needs for a new strategic highway research program to replace
the program established under section 307(d) (as in effect on
the day before the date of enactment of this Act), or a
similar effort.
(b) Consultation.--In conducting the study, the Board shall
consult with the American Association of State Highway and
Transportation Officials and such other entities as the Board
determines appropriate to the conduct of the study.
(c) Report.--Not later than 5 years after making a grant or
entering into a cooperative agreement or contract under
subsection (a), the Board shall submit a final report on the
results of the study to the Secretary, the Committee on
Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives.
SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL
INFORMATION TECHNOLOGIES.
(a) In General.--The Secretary shall establish and carry
out a program to validate commercial remote sensing products
and spatial information technologies for application to
national transportation infrastructure development and
construction.
(b) Program Stages.--
(1) First stage.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish a
national policy for the use of commercial remote sensing
products and spatial information technologies in national
transportation infrastructure development and construction.
(2) Second stage.--After establishment of the national
policy under paragraph (1), the Secretary shall develop new
applications of commercial remote sensing products and
spatial information technologies for the implementation of
the national policy.
(c) Cooperation.--The Secretary shall carry out this
section in cooperation with the Commercial Remote Sensing
Program of the National Aeronautics and Space Administration
and a consortium of university research centers.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 1999 through 2004.
SEC. 5114. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of
Congress that the Secretary should--
(1) give high priority to correcting all 2-digit date-
related problems in computer systems of the Department of
Transportation to ensure that the systems continue to operate
effectively in the year 2000 and thereafter;
(2) assess immediately the extent of the risk to the
operations of the Department of Transportation posed by the
problems referred to in paragraph (1), and plan and budget
for achieving year 2000 compliance for all mission-critical
systems of the Department; and
(3) develop contingency plans for those systems that the
Secretary of Transportation is unable to correct in time.
SEC. 5115. INTERNATIONAL TRADE TRAFFIC.
(a) Study.--The Director shall carry out a study--
(1) to measure the ton-miles and value-miles of
international trade traffic carried by highway for each
State;
(2) to evaluate the accuracy and reliability of such
measures for use in the formula for highway apportionments;
(3) to evaluate the accuracy and reliability of the use of
diesel fuel data as a measure of international trade traffic
by State; and
(4) to identify needed improvements in long-term data
collection programs to provide accurate and reliable measures
of international traffic for use in the formula for highway
apportionments.
(b) Basis for Evaluations.--The study shall evaluate the
accuracy and reliability of measures for use as formula
factors based on statistical quality standards developed by
the Bureau in consultation with the Committee on National
Statistics of the National Academy of Sciences.
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Director shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the results of the study
carried out under paragraph (1), including recommendations
for changes in law necessary to implement the identified
needs for improvements in long-term data collection programs.
SEC. 5116. UNIVERSITY GRANTS.
(a) Seismic Research, University of California at San
Diego.--
(1) Grants.--The Secretary shall make grants to the
University of California at San Diego to upgrade earthquake
simulation facilities at the University.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $1,000,000 for each of fiscal years
1999 through 2002 shall be available to carry out this
subsection.
(b) Global Climate Research, University of Alabama at
Huntsville.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Huntsville for global climate
research.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $200,000 for each of fiscal years
1999 through 2003 shall be available to carry out this
subsection.
(c) Asphalt Research, Auburn University.--
(1) Grants.--The Secretary shall make grants to Auburn
University for asphalt research.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $250,000 for each of fiscal years
1999 and 2000 shall be available to carry out this
subsection.
(d) Advanced Vehicle Research, University of Alabama at
Tuscaloosa.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Tuscaloosa for advanced vehicle
research, including the study of fuel cell and electric
vehicle technology.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $400,000 for each of fiscal years
1999 through 2003 shall be available to carry out this
subsection.
(e) Geothermal Heat Pump Smart Bridge Program, Oklahoma
State University.--
(1) Grants.--The Secretary shall make grants to Oklahoma
State University for the purposes of research, development,
and field testing of the Geothermal Heat Pump Smart Bridge
Program.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, and $500,000 for fiscal year
2001 shall be available to carry out this subsection.
(f) Intelligent Stiffener for Bridge Stress Reduction,
University of Oklahoma.--
(1) Grants.--The Secretary shall make grants to the
University of Oklahoma, College of Engineering, Center for
Structural Control, for the purposes of research,
development, and field testing of the Intelligent Stiffener
for Bridge Stress Reduction.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, $1,000,000 for fiscal year
2001, and $500,000 for fiscal year 2002 shall be available to
carry out this subsection.
(g) Study of Advanced Trauma Care, University of Alabama at
Birmingham.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Birmingham for the study of advanced
trauma care.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $750,000 for each of fiscal years
1999 through 2003 shall be available to carry out this
subsection.
(h) Center for Transportation Injury Research.--
(1) Grants.--The Secretary shall make grants to establish
and maintain a center for transportation injury research at
the Calspan University of Buffalo Research Center affiliated
with the State University of New York at Buffalo.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $2,000,000 for each of fiscal years
1998 through 2003 shall be available to carry out this
subsection.
(i) Head and Spinal Cord Injury Research.--
(1) Grants.--The Secretary shall make grants to the
Neuroscience Center for Excellence at Louisiana State
University and the Virginia Transportation Research Institute
at George Washington University for research and technology
development for preventing and minimizing head and spinal
cord injuries relating to automobile accidents.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $500,000 for each of fiscal years
1999 through 2003 shall be available to carry out this
subsection.
SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND
DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a
transportation technology innovation and demonstration
program in accordance with the requirements of this section.
(b) Contents of Program.--
(1) Motor vehicle safety warning system.--
(A) In general.--The Secretary shall expand and continue
the study authorized by section 358(c) of the National
Highway System Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625) relating to the development of a motor vehicle
safety warning system and shall conduct tests of such system.
(B) Grants.--In carrying out this paragraph, the Secretary
may make grants to State and local governments.
(C) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2000 by section 5001(a)(2) of this
Act, $700,000 per fiscal year shall be available to carry out
this paragraph.
(2) Motor carrier advanced sensor control system.--
(A) In general.--The Secretary shall conduct research on
the deployment of a system of advanced sensors and signal
processors in trucks and tractor trailers to determine axle
and wheel alignment, monitor collision alarm, check tire
pressure and tire balance conditions, measure and detect load
distribution in the vehicle, and monitor and adjust automatic
braking systems.
(B) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(2) of this
Act, $700,000 per fiscal year shall be available to carry out
this paragraph.
(3) Intelligent transportation infrastructure.--
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(A) In general.--The Secretary shall carry out a program to
advance the deployment of an operational intelligent
transportation infrastructure system for the measurement of
various transportation system activities to aid in the
transportation planning and analysis while making a
significant contribution to the ITS program under this title.
This program shall be initiated in the 2 largest metropolitan
areas in the State of Pennsylvania. The program may locate
its database at the facility authorized under paragraph (6).
(B) Description.--The program under this section shall meet
the following objectives:
(i) Build an infrastructure of the measurement of various
transportation system metrics to aid in planning, analysis,
and maintenance of the Department of Transportation,
including the buildout, maintenance, and operation of greater
than 40 metropolitan area systems with a cost not to exceed
$2,000,000 per metropolitan area. For the purposes of this
demonstration initiative, a metropolitan area is defined as
any area that has a population exceeding 300,000 and that
meets several of the criteria established by the Secretary in
conjunction with the intelligent vehicle highway systems
corridors program.
(ii) Provide private technology commercialization
initiatives to generate revenues which will be shared with
local Department of Transportations.
(iii) Collect data primarily through wireless transmission
along with some shared wide area networks.
(iv) Aggregate data into reports for multipoint data
distribution techniques.
(v) Utilize an advanced information system designed and
monitored by an entity with experience with the Department of
Transportation in the design and monitoring of high
reliability, mission critical voice and data systems.
(C) Eligibility.--In addition to the amounts made available
under subparagraph (D), the program authorized under this
paragraph shall be eligible for funding under sections 5207
and 5208 of this Act.
(D) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(2) of this
Act, $1,700,000 per fiscal year shall be available to carry
out this paragraph.
(E) Federal share.--The Federal share of the cost of a
program carried out under this paragraph shall be 80 percent
of the cost of such program.
(4) Corrosion control and prevention.--
(A) In general.--The Secretary shall make a grant to
conduct a study on the costs and benefits of corrosion
control and prevention. The study shall be conducted in
conjunction with an interdisciplinary team of experts from
the fields of metallurgy, chemistry, economics, and others,
as appropriate. Not later than September 30, 2001, the
Secretary shall submit to Congress a report on the study
results, together with any recommendations.
(B) Funding.--Of the amounts made available for each of
fiscal years 1999 and 2000 by section 5001(a)(1) of this Act,
$500,000 per fiscal year shall be available to carry out this
paragraph.
(5) Fundamental properties of asphalts and modified
asphalts.--
(A) In general.--The Secretary shall continue to carry out
section 6016 of the Intermodal Surface Transportation
Efficiency Act of 1991. Additional areas of the program under
such section shall be asphalt-water interaction studies and
asphalt-aggregate thin film behavior studies.
(B) Funding.--Of the amounts made available for each of
fiscal years 1999 through 2003 by section 5001(a)(1) of this
Act, $3,000,000 per fiscal year shall be available to carry
out this paragraph.
(6) Advanced Traffic Monitoring and Response Center.--
(A) In general.--The Secretary shall make grants to the
Pennsylvania Transportation Institute, in conjunction with
the Pennsylvania Turnpike Commission, to establish an
advanced traffic monitoring and emergency response center at
Letterkenny Army Depot in Chambersburg, Pennsylvania. The
center shall help develop and coordinate traffic monitoring
and ITS systems on portions of the Pennsylvania Turnpike
system and I-81, coordinate emergency response with State and
local governments in the Central Pennsylvania Region and
conduct research on emergency response and prototype trauma
response.
(B) Funding.--
(i) Eligibility under section 5208.--The center established
under this paragraph shall be eligible for funding under
section 5208 of this Act.
(ii) Allocation.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(2) of this
Act, $1,667,000 per fiscal year shall be available to carry
out this paragraph.
(7) Transportation economic and land use system.--
(A) In general.--The Secretary shall continue development
and deployment through the New Jersey Institute of Technology
to metropolitan planning organizations of the Transportation
Economic and Land Use System.
(B) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(2) of this
Act, $1,000,000 per fiscal year shall be available to carry
out this paragraph.
(8) Recycled materials resource center.--
(A) Establishment.--The Secretary shall establish at the
University of New Hampshire a research program to be known as
the ``Recycled Materials Resource Center'' (referred to in
this paragraph as the ``Center'').
(B) Activities.--
(i) In general.--The Center shall--
(I) systematically test, evaluate, develop appropriate
guidelines for, and demonstrate environmentally acceptable
and occupationally safe technologies and techniques for the
increased use of traditional and nontraditional recycled and
secondary materials in transportation infrastructure
construction and maintenance;
(II) make information available to State transportation
departments, the Federal Highway Administration, the
construction industry, and other interested parties to assist
in evaluating proposals to use traditional and nontraditional
recycled and secondary materials in transportation
infrastructure construction;
(III) encourage the increased use of traditional and
nontraditional recycled and secondary materials by using
sound science to analyze thoroughly all potential long-term
considerations that affect the physical and environmental
performance of the materials; and
(IV) work cooperatively with Federal and State officials to
reduce the institutional barriers that limit widespread use
of traditional and nontraditional recycled and secondary
materials and to ensure that such increased use is consistent
with the sustained environmental and physical integrity of
the infrastructure in which the materials are used.
(ii) Sites and projects under actual field conditions.--In
carrying out clause (i)(III), the Secretary may authorize the
Center to--
(I) use test sites and demonstration projects under actual
field conditions to develop appropriate performance data; and
(II) develop appropriate tests and guidelines to ensure
correct use of recycled and secondary materials in
transportation infrastructure construction.
(C) Review and Evaluation.--
(i) In general.--Not less often than every 2 years, the
Secretary shall review and evaluate the program carried out
by the Center.
(ii) Notification of deficiencies.--In carrying out clause
(i), if the Secretary determines that the Center is deficient
in carrying out subparagraph (B), the Secretary shall notify
the Center of each deficiency and recommend specific measures
to address the deficiency.
(iii) Disqualification.--If, after the end of the 180-day
period that begins on the date of notification to the Center
under clause (ii), the Secretary determines that the Center
has not corrected each deficiency identified under clause
(ii), the Secretary may, after notifying the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives of the determination, disqualify the Center
from further participation under this section.
(D) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(1) of this
Act, $1,500,000 per fiscal year shall be available to carry
out this paragraph.
SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE
INSTITUTE.
(a) In General.--The Secretary, in cooperation with the
State of Pennsylvania, shall establish the Intelligent
Infrastructure Institute at Drexel University, Pennsylvania.
The Institute shall conduct research, training, technology
transfer, construction, maintenance, and other activities to
advance infrastructure research.
(b) Funding.--The amounts made available by the item
numbered 315 in the table contained in section 1602 of this
Act shall be available to carry out this section.
(c) Authorization.--There is authorized to be appropriated
$10,000,000 to carry out subsection (a).
(d) Facility.--Funds made available to carry out this
section may be used to construct a building to house the
Institute.
SEC. 5119. CONFORMING AMENDMENTS.
(a) Section 204(b) of title 23, United States Code, is
amended in the last sentence by striking ``326'' and
inserting ``504(b)''.
(b) Sections 307, 321, 325, and 326 of title 23, United
States Code, are repealed.
(c) The analysis for chapter 3 of title 23, United States
Code, is amended by striking the items relating to sections
307, 321, 325, and 326.
(d) Section 115(a)(1)(A)(i) of title 23, United States
Code, is amended by striking ``or 307'' and inserting ``or
505''.
(e) Section 151(d) of title 23, United States Code, is
amended by striking ``section 307(a),'' and inserting
``section 502,''.
(f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note;
80 Stat. 735) is amended in the third sentence by striking
``sections 307 and 403 of title 23, United States Code,'' and
inserting ``section 403 and chapter 5 of title 23, United
States Code,''.
Subtitle C--Intelligent Transportation Systems
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 1998''.
SEC. 5202. FINDINGS.
Congress finds that--
(1) investments authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et
seq.) have demonstrated that intelligent transportation
systems can mitigate surface transportation problems in a
cost-effective manner; and
(2) continued investment in architecture and standards
development, research, and systems integration is needed to
accelerate the rate at which intelligent transportation
systems are incorporated into the national surface
transportation network, thereby improving transportation
safety and efficiency and reducing costs and negative impacts
on communities and the environment.
SEC. 5203. GOALS AND PURPOSES.
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to
enable existing facilities to meet a significant portion of
future transportation needs, including public access to
employment, goods, and services, and to reduce regulatory,
financial, and other transaction costs to public agencies and
system users;
[[Page H3883]]
(2) achievement of national transportation safety goals,
including the enhancement of safe operation of motor vehicles
and nonmotorized vehicles, with particular emphasis on
decreasing the number and severity of collisions;
(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
to achieve national environmental goals;
(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
vehicles, passenger vehicles, and motorcycles, and including
individuals with disabilities; and
(5) improvement of the Nation's ability to respond to
emergencies and natural disasters and enhancement of national
defense mobility.
(b) Purposes.--The Secretary shall implement activities
under the intelligent system transportation program to, at a
minimum--
(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation
systems for consumers of passenger and freight
transportation;
(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent
transportation systems for full consideration in the
transportation planning process;
(3) improve regional cooperation and operations planning
for effective intelligent transportation system deployment;
(4) promote the innovative use of private resources;
(5) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems; and
(6) complete deployment of Commercial Vehicle Information
Systems and Networks in a majority of States by September 30,
2003.
SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation
system program to research, develop, and operationally test
intelligent transportation systems and advance nationwide
deployment of such systems as a component of the surface
transportation systems of the United States.
(b) Policy.--Intelligent transportation system operational
tests and deployment projects funded pursuant to this
subtitle shall encourage and not displace public-private
partnerships or private sector investment in such tests and
projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the United
States private sector, the Federal laboratories, and colleges
and universities, including historically black colleges and
universities and other minority institutions of higher
education.
(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary,
as appropriate, shall consult with the Secretary of Commerce,
the Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, the Director of the National
Science Foundation, and the heads of other Federal
departments and agencies.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
system management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this subtitle; and
(B) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
(2) Delegation of authority.--
(A) In general.--The Secretary may delegate the
responsibility of the Secretary under this subsection, with
continuing oversight by the Secretary, to an appropriate
entity not within the Department of Transportation.
(B) Federal assistance.--If the Secretary delegates the
responsibility, the entity to which the responsibility is
delegated shall be eligible for Federal assistance under this
section.
(h) Advisory Committees.--
(1) In general.--In carrying out this subtitle, the
Secretary may use 1 or more advisory committees.
(2) Applicability of federal advisory committee act.--Any
advisory committee so used shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(i) Procurement Methods.--
(1) Technical assistance.--The Secretary shall develop
appropriate technical assistance and guidance to assist State
and local agencies in evaluating and selecting appropriate
methods of procurement for intelligent transportation system
projects carried out using funds made available from the
Highway Trust Fund, including innovative and nontraditional
methods such as the Information Technology Omnibus
Procurement.
(2) Intelligent transportation system software.--To the
maximum extent practicable, contracting officials shall use
as a critical evaluation criterion the Software Engineering
Institute's Capability Maturity Model, or another similar
recognized standard risk assessment methodology, to reduce
the cost, schedule, and performance risks associated with the
development, management, and integration of intelligent
transportation system software.
(j) Evaluations.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue guidelines and
requirements for the evaluation of operational tests and
deployment projects carried out under this subtitle.
(B) Objectivity and independence.--The guidelines and
requirements issued under subparagraph (A) shall include
provisions to ensure the objectivity and independence of the
evaluator so as to avoid any real or apparent conflict of
interest or potential influence on the outcome by parties to
any such test or deployment project or by any other formal
evaluation carried out under this subtitle.
(C) Funding.--The guidelines and requirements issued under
subparagraph (A) shall establish evaluation funding levels
based on the size and scope of each test or project that
ensure adequate evaluation of the results of the test or
project.
(2) Special rule.--Any survey, questionnaire, or interview
that the Secretary considers necessary to carry out the
evaluation of any test, deployment project, or program
assessment activity under this subtitle shall not be subject
to chapter 35 of title 44.
SEC. 5205. NATIONAL ITS PROGRAM PLAN.
(a) In General.--
(1) Updates.--The Secretary shall maintain and update, as
necessary, the National ITS Program Plan developed by the
Department of Transportation and the Intelligent
Transportation Society of America.
(2) Scope.--The National ITS Program Plan shall--
(A) specify the goals, objectives, and milestones for the
research and deployment of intelligent transportation systems
in the context of major metropolitan areas, smaller
metropolitan and rural areas, and commercial vehicle
operations;
(B) specify how specific programs and projects will achieve
the goals, objectives, and milestones referred to in
subparagraph (A), including consideration of the 5- and 10-
year timeframes for the goals and objectives;
(C) identify activities that provide for the dynamic
development of standards and protocols to promote and ensure
interoperability in the implementation of intelligent
transportation system technologies, including actions taken
to establish critical standards; and
(D) establish a cooperative process with State and local
governments for determining desired surface transportation
system performance levels and developing plans for
incorporation of specific intelligent transportation system
capabilities into surface transportation systems.
(b) Reporting.--The plan described in subsection (a) shall
be transmitted and updated as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code.
SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General.--
(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national architecture and supporting standards and
protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component
of the surface transportation systems of the United States.
(2) Interoperability and efficiency.--To the maximum extent
practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
(3) Use of standards development organizations.--In
carrying out this section, the Secretary may use the services
of such standards development organizations as the Secretary
determines to be appropriate.
(b) Report on Critical Standards.--Not later than June 1,
1999, the Secretary shall submit a report to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Science of the House of Representatives identifying which
standards are critical to ensuring national interoperability
or critical to the development of other standards and
specifying the status of the development of each standard
identified.
(c) Provisional Standards.--
(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard after consultation with
affected parties, and using, to the extent practicable, the
work product of appropriate standards development
organizations.
(2) Critical standards.--If a standard identified as
critical in the report under subsection (b) is not adopted
and published by the appropriate standards development
organization by January 1, 2001, the Secretary shall
establish a provisional standard after consultation with
affected parties, and using, to the extent practicable, the
work product of appropriate standards development
organizations.
(3) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall be published in
the Federal Register and remain in effect until the
appropriate standards development organization adopts and
publishes a standard.
(d) Waiver of Requirement To Establish Provisional
Standard.--
[[Page H3884]]
(1) In general.--The Secretary may waive the requirement
under subsection (c)(2) to establish a provisional standard
if the Secretary determines that additional time would be
productive or that establishment of a provisional standard
would be counterproductive to achieving the timely
achievement of the objectives identified in subsection (a).
(2) Notice.--The Secretary shall publish in the Federal
Register a notice describing each standard for which a waiver
of the provisional standard requirement has been granted, the
reasons for and effects of granting the waiver, and an
estimate as to when the standard is expected to be adopted
through a process consistent with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783).
(3) Withdrawal of waiver.--At any time the Secretary may
withdraw a waiver granted under paragraph (1). Upon such
withdrawal, the Secretary shall publish in the Federal
Register a notice describing each standard for which a
waiver has been withdrawn and the reasons for withdrawing
the waiver.
(e) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent
transportation system projects carried out using funds made
available from the Highway Trust Fund, including funds made
available under this subtitle to deploy intelligent
transportation system technologies, conform to the national
architecture, applicable standards or provisional standards,
and protocols developed under subsection (a).
(2) Secretary's discretion.--The Secretary may authorize
exceptions to paragraph (1) for--
(A) projects designed to achieve specific research
objectives outlined in the National ITS Program Plan under
section 5205 or the Surface Transportation Research and
Development Strategic Plan developed under section 508 of
title 23, United States Code; or
(B) the upgrade or expansion of an intelligent
transportation system in existence on the date of enactment
of this subtitle, if the Secretary determines that the
upgrade or expansion--
(i) would not adversely affect the goals or purposes of
this subtitle;
(ii) is carried out before the end of the useful life of
such system; and
(iii) is cost-effective as compared to alternatives that
would meet the conformity requirement of paragraph (1).
(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment
of this subtitle.
(f) Spectrum.--The Federal Communications Commission shall
consider, in consultation with the Secretary, spectrum needs
for the operation of intelligent transportation systems,
including spectrum for the dedicated short-range vehicle-to-
wayside wireless standard. Not later than January 1, 2000,
the Federal Communications Commission shall have completed a
rulemaking considering the allocation of spectrum for
intelligent transportation systems.
SEC. 5207. RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development and operational tests of intelligent
vehicles and intelligent infrastructure systems, and other
similar activities that are necessary to carry out this
subtitle.
(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
(1) address traffic management, incident management,
transit management, toll collection, traveler information, or
highway operations systems;
(2) focus on crash-avoidance and integration of in-vehicle
crash protection technologies with other on-board safety
systems, including the interaction of air bags and safety
belts;
(3) incorporate human factors research, including the
science of the driving process;
(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies, including
magnetic guidance control systems or other materials or
magnetics research; or
(5) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates.
(c) Operational Tests.--Operational tests conducted under
this section shall be designed for the collection of data to
permit objective evaluation of the results of the tests,
derivation of cost-benefit information that is useful to
others contemplating deployment of similar systems, and
development and implementation of standards.
(d) Federal Share.--The Federal share of the cost of
operational tests and demonstrations under subsection (a)
shall not exceed 80 percent.
SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION
PROGRAM.
(a) In General.--The Secretary shall conduct a
comprehensive program to accelerate the integration and
interoperability of intelligent transportation systems in
metropolitan and rural areas. Under the program, the
Secretary shall select for funding, through competitive
solicitation, projects that will serve as models to improve
transportation efficiency, promote safety (including safe
freight movement), increase traffic flow (including the flow
of intermodal travel at ports of entry), reduce emissions of
air pollutants, improve traveler information, enhance
alternative transportation modes, build on existing
intelligent transportation system projects, or promote
tourism.
(b) Selection of Projects.--Under the program, the
Secretary shall give priority to funding projects that--
(1) contribute to national deployment goals and objectives
outlined in the National ITS Program Plan under section 5205;
(2) demonstrate a strong commitment to cooperation among
agencies, jurisdictions, and the private sector, as evidenced
by signed memoranda of understanding that clearly define the
responsibilities and relations of all parties to a
partnership arrangement, including institutional
relationships and financial agreements needed to support
deployment;
(3) encourage private sector involvement and financial
commitment, to the maximum extent practicable, through
innovative financial arrangements, especially public-private
partnerships, including arrangements that generate revenue to
offset public investment costs;
(4) demonstrate commitment to a comprehensive plan of fully
integrated intelligent transportation system deployment in
accordance with the national architecture and standards and
protocols established under section 5206;
(5) are part of approved plans and programs developed under
applicable statewide and metropolitan transportation planning
processes and applicable State air quality implementation
plans, as appropriate, at the time at which Federal funds are
sought;
(6) minimize the relative percentage and amount of Federal
contributions under this section to total project costs;
(7) ensure continued, long-term operations and maintenance
without continued reliance on Federal funding under this
subtitle, as evidenced by documented evidence of fiscal
capacity and commitment from anticipated public and private
sources;
(8) demonstrate technical capacity for effective operations
and maintenance or commitment to acquiring necessary skills;
(9) mitigate any adverse impacts on bicycle and pedestrian
transportation and safety; or
(10) in the case of a rural area, meet other safety,
mobility, geographic and regional diversity, or economic
development criteria as determined by the Secretary.
(c) Fiscal Year Limitations.--Of the amounts made available
to carry out this section for a fiscal year--
(1) not more that $15,000,000 may be used for projects in a
single metropolitan area;
(2) not more than $2,000,000 may be used for projects in a
single rural area; and
(3) not more than $35,000,000 may be used for projects in a
State.
(d) Funding Limitations.--
(1) Projects in metropolitan areas.--Funding under this
section for intelligent transportation infrastructure
projects in metropolitan areas shall be used primarily for
activities necessary to integrate intelligent transportation
infrastructure elements that are either deployed or to be
deployed with other sources of funds.
(2) Other projects.--For projects outside metropolitan
areas, funding provided under this subtitle may also be used
for installation of intelligent transportation infrastructure
elements.
(e) Funding for Rural Areas.--The Secretary shall allocate
not less than 10 percent of funds authorized by section
5001(c)(4)(A) in rural areas for intelligent transportation
infrastructure deployment activities funded under this
section to carry out intelligent transportation
infrastructure deployment activities in rural areas.
(f) Federal Share.--
(1) Funds made available under this section.--The Federal
share of the cost of a project payable from funds made
available under this section shall not exceed 50 percent.
(2) Funds made available from all federal sources.--The
total Federal share of the cost of a project payable from all
eligible sources (including this section) shall not exceed 80
percent.
(g) Corridor Development and Coordination.--
(1) In general.--The Secretary shall encourage multistate
cooperative agreements, coalitions, or other arrangements
intended to promote regional cooperation, planning, and
shared project implementation for intelligent transportation
system projects.
(2) Great lakes its implementation.--
(A) In general.--The Secretary shall make grants under this
subsection to the State of Wisconsin to continue ITS
activities in the corridor serving the Greater Milwaukee,
Wisconsin, Chicago, Illinois, and Gary, Indiana, areas
initiated under the Intermodal Surface Transportation
Efficiency Act of 1991 and other areas of the State.
(B) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 under section 5001(c)(4)(A) of
this Act, $2,000,000 per fiscal year shall be available to
carry out this paragraph.
(3) Northeast its implementation.--
(A) In general.--The Secretary shall make grants under this
subsection to the States to continue ITS activities in the
Interstate Route I-95 corridor in the northeastern United
States initiated under the Intermodal Surface Transportation
Efficiency Act of 1991.
(B) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 under section 5001(c)(4)(A) of
this Act, $5,000,000 per fiscal year shall be available to
carry out this paragraph.
SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION
SYSTEM INFRASTRUCTURE DEPLOYMENT.
(a) In General.--The Secretary shall carry out a
comprehensive program to deploy intelligent transportation
systems that--
(1) improve the safety and productivity of commercial
vehicles and drivers; and
(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications to commercial vehicle
operations,
[[Page H3885]]
including commercial vehicle, commercial driver, and carrier-
specific information systems and networks.
(c) Priority Areas.--In carrying out the program, the
Secretary shall give priority to projects that--
(1) encourage multistate cooperation and corridor
development;
(2)(A) improve the safety of commercial vehicle operations;
and
(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and generally increase
the effectiveness of enforcement efforts;
(3)(A) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other safety
information; and
(B) promote communication of the information among the
States; or
(4) enhance the safe passage of commercial vehicles across
the United States and across international borders.
(d) Leveraging of Federal Funds.--Federal funds used to
carry out the program shall, to the maximum extent
practicable--
(1) be leveraged with non-Federal funds; and
(2) be used for activities not carried out through the use
of private funds.
(e) Federal Share.--The Federal share of the cost of the
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share
of the cost of the project payable from all eligible sources
shall not exceed 80 percent.
SEC. 5210. USE OF FUNDS.
(a) Outreach and Public Relations Limitation.--
(1) In general.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out this
subtitle shall be used for intelligent transportation system
outreach, public relations, displays, scholarships, tours,
and brochures.
(2) Applicability.--Paragraph (1) shall not apply to
intelligent transportation system training or the publication
or distribution of research findings, technical guidance, or
similar documents.
(b) Infrastructure Development.--Funds made available to
carry out this subtitle for operational tests and deployment
projects--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and transit
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.
(c) Life Cycle Cost Analysis and Financing and Operations
Plan.--The Secretary shall require an applicant for funds
made available under sections 5208 and 5209 to submit to the
Secretary--
(1) an analysis of the life-cycle costs of operation and
maintenance of intelligent transportation system elements, if
the total initial capital costs of the elements exceed
$3,000,000; and
(2) a multiyear financing and operations plan that
describes how the project will be cost-effectively operated
and maintained.
SEC. 5211. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Commercial vehicle information systems and networks.--
The term ``Commercial Vehicle Information Systems and
Networks'' means the information systems and communications
networks that support commercial vehicle operations.
(2) Commercial vehicle operations.--The term ``commercial
vehicle operations''--
(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial movement
of goods, including hazardous materials, and passengers; and
(B) with respect to the public sector, includes the
issuance of operating credentials, the administration of
motor vehicle and fuel taxes, and roadside safety and border
crossing inspection and regulatory compliance operations.
(3) Corridor.--The term ``corridor'' means any major
transportation route that includes parallel limited access
highways, major arterials, or transit lines.
(4) Intelligent transportation infrastructure.--The term
``intelligent transportation infrastructure'' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
(5) Intelligent transportation system.--The term
``intelligent transportation system'' means electronics,
communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
(6) National architecture.--The term ``national
architecture'' means the common framework for
interoperability adopted by the Secretary that defines--
(A) the functions associated with intelligent
transportation system user services;
(B) the physical entities or subsystems within which the
functions reside;
(C) the data interfaces and information flows between
physical subsystems; and
(D) the communications requirements associated with the
information flows.
(7) Standard.--The term ``standard'' means a document
that--
(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for their purposes; and
(B) may support the national architecture and promote--
(i) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States; and
(ii) interoperability among intelligent transportation
system technologies implemented throughout the States.
(8) State.--The term ``State'' has the meaning given the
term under section 101 of title 23, United States Code.
SEC. 5212. PROJECT FUNDING.
(a) Use of Hazardous Materials Monitoring Systems.--
(1) In general.--The Secretary shall conduct research on
improved methods of deploying and integrating existing ITS
projects to include hazardous materials monitoring systems
across various modes of transportation.
(2) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(6) of this
Act, $1,500,000 per fiscal year shall be available to carry
out this paragraph.
(b) Outreach and Technology Transfer Activities.--
(1) In general.--The Secretary shall continue to support
the Urban Consortium's ITS outreach and technology transfer
activities.
(2) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(5) of this
Act, $500,000 per fiscal year shall be available to carry out
this paragraph.
(c) Translink.--
(1) In general.--The Secretary shall make grants to the
Texas Transportation Institute to continue the Translink
Research program.
(2) Funding.--Of the amounts allocated for each of fiscal
years 1999 through 2001 by section 5001(a)(6) of this Act,
$1,300,000 per fiscal year shall be available to carry out
this paragraph.
SEC. 5213. REPEAL.
The Intermodal Surface Transportation Efficiency Act of
1991 is amended by striking part B of title VI (23 U.S.C. 307
note; 105 Stat. 2189).
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
SEC. 6101. FINDINGS AND PURPOSE.
(a) The Congress finds that--
(1) there is a lack of air quality monitoring data for fine
particle levels, measured as PM<INF>2.5</INF>, 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 PM<INF>2.5</INF>
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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
monitoring network necessary to implement the national
ambient air quality standards for PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> national ambient air quality standard within
1 year after receipt of 3 years of air quality monitoring
data
[[Page H3886]]
performed in accordance with any applicable Federal reference
methods for the relevant areas. Only data from the monitoring
network designated in subsection (a) and other Federal
reference method PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
standards.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
SEC 7101. SHORT TITLE.
This subtitle may be cited as the ``National Highway
Traffic Safety Administration Reauthorization Act of 1998''.
SEC. 7102. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Motor Vehicle Safety Activities.--Section 30104 of
title 49, United States Code, is amended to read as follows:
``Sec. 30104. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$81,200,000 for the National Highway Traffic Safety
Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.''.
(b) Motor Vehicle Information Activities.--Section 32102 of
title 49, United States Code, is amended to read as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$6,200,000 for the National Highway Traffic Safety
Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.''.
SEC. 7103. IMPROVING AIR BAG SAFETY.
(a) Rulemaking To Improve Air Bags.--
(1) Notice of proposed rulemaking.--Not later than
September 1, 1998, the Secretary of Transportation shall
issue a notice of proposed rulemaking to improve occupant
protection for occupants of different sizes, belted and
unbelted, under Federal Motor Vehicle Safety Standard No.
208, while minimizing the risk to infants, children, and
other occupants from injuries and deaths caused by air bags,
by means that include advanced air bags.
(2) Final rule.--Notwithstanding any other provision of
law, the Secretary shall complete the rulemaking required by
this subsection by issuing, not later than September 1, 1999,
a final rule with any provision the Secretary deems
appropriate, consistent with paragraph (1) and the
requirements of section 30111, title 49, United States Code.
If the Secretary determines that the final rule cannot be
completed by that date to meet the purposes of paragraph (1),
the Secretary may extend the date for issuing the final rule
to not later than March 1, 2000.
(3) Effective date.--The final rule issued under this
subsection shall become effective in phases as rapidly as
practicable, beginning not earlier than September 1, 2002,
and no sooner than 30 months after the date of the issuance
of the final rule, but not later than September 1, 2003. The
final rule shall become fully effective for all vehicles
identified in section 30127(b), title 49, United States Code,
that are manufactured on and after September 1, 2005. Should
the phase-in of the final rule required by this paragraph
commence on September 1, 2003, then in that event, and only
in that event, the Secretary is authorized to make the final
rule fully effective on September 1, 2006, for all vehicles
that are manufactured on and after that date.
(4) Coordination of effective dates.--The requirements of
S13 of Standard No. 208 shall remain in effect unless and
until changed by the rule required by this subsection.
(5) Credit for early compliance.--To encourage early
compliance, the Secretary is directed to include in the
notice of proposed rulemaking required by paragraph (1) means
by which manufacturers may earn credits for future
compliance. Credits, on a one-vehicle for one-vehicle basis,
may be earned for vehicles certified as being in full
compliance under section 30115 of title 49, United States
Code, with the rule required by paragraph (2) which are
either--
(A) so certified in advance of the phase-in period; or
(B) in excess of the percentage requirements during the
phase-in period.
(b) Advisory Committees.--Any government advisory
committee, task force, or other entity involving air bags
shall include representatives of consumer and safety
organizations, insurers, manufacturers, and suppliers.
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Amendment.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30105. Restriction on lobbying activities
``(a) In General.--No funds appropriated to the Secretary
shall be available for any activity specifically designed to
urge a State or local legislator to favor or oppose the
adoption of any specific legislative proposal pending before
any State or local legislative body.
``(b) Appearance as Witness Not Barred.--Subsection (a)
does not prohibit officers or employees of the United States
from testifying before any State or local legislative body in
response to the invitation of any member of that legislative
body or a State executive office.''.
(b) Clerical Amendment.--The table of contents in
subchapter I of chapter 301 of title 49, United States Code,
is amended by adding at the end the following:
``30105. Restriction on lobbying activities.''.
SEC. 7105. ODOMETERS.
(a) Transfers of New Motor Vehicles.--Section 32705(a) of
title 49, United States Code, is amended by adding at the end
the following:
``(4)(A) This subsection shall apply to all transfers of
motor vehicles (unless otherwise exempted by the Secretary by
regulation), except in the case of transfers of new motor
vehicles from a vehicle manufacturer jointly to a dealer and
a person engaged in the business of renting or leasing
vehicles for a period of 30 days or less.
``(B) For purposes of subparagraph (A), the term `new motor
vehicle' means any motor vehicle driven with no more than the
limited use necessary in moving, transporting, or road
testing such vehicle prior to delivery from the vehicle
manufacturer to a dealer, but in no event shall the odometer
reading of such vehicle exceed 300 miles.''.
(b) Exempted Vehicles.--Section 32705(a) of title 49,
United States Code, as amended by subsection (a), is amended
by adding at the end the following new paragraph:
``(5) The Secretary may exempt such classes or categories
of vehicles as the Secretary deems appropriate from these
requirements. Until such time as the Secretary amends or
modifies the regulations set forth in 49 CFR 580.6, such
regulations shall have full force and effect.''.
SEC. 7106. MISCELLANEOUS AMENDMENTS.
(a) Remedies for Defects and Noncompliance.--Section
30120(i)(1) of title 49, United States Code, is amended by
inserting ``(including retailers of motor vehicle
equipment)'' after ``dealer'' the first time it appears.
(b) Tires.--Section 30123 of title 49, United States Code,
is amended by striking subsections (a), (b), and (c) and by
redesignating subsections (d), (e), and (f), as subsections
(a), (b), and (c), respectively.
(c) Automatic Occupant Crash Protection and Seat Belt
Use.--Section 30127(g)(1) of title 49, United States Code, is
amended by striking ``every 6 months'' and inserting
``annually''.
(d) Miscellaneous.--
(1) Definitions.--
(A) Country of origin.--Section 32304(a)(3)(B) of title 49,
United States Code, is amended by inserting before the period
the following: ``, plus the assembly and labor costs incurred
for the final assembly of such engines and transmissions''.
(B) Final assembly place.--Section 32304(a)(5) of title 49,
United States Code, is amended is amended by adding at the
end the following: ``Such term does not include facilities
for engine and transmission fabrication and assembly and the
facilities for fabrication of motor vehicle equipment
component parts which are produced at the same final assembly
place using forming processes such as stamping, machining, or
molding processes.''.
(C) Outside supplier content reporting.--Section
32304(a)(9)(A) of title 49, United States Code, is amended to
read as follows:
``(A) for an outside supplier--
``(i) the full purchase price of passenger motor vehicle
equipment whose purchase price contains at least 70 percent
value added in the United States and Canada; or
``(ii) that portion of the purchase price of passenger
motor vehicle equipment containing less than 70 percent value
added in the United
[[Page H3887]]
States and Canada that is attributable to the percent value
added in the United States and Canada when such percent is
expressed to the nearest 5 percent; and''.
(2) Country of assembly.--Section 32304(d) of title 49,
United States Code, is amended by adding at the end the
following; ``A manufacturer may add to the label required
under subsection (b) a line stating the country in which
vehicle assembly was completed.''.
(3) Vehicle content percentage by assembly plant.--Section
32304 of title 49, United States Code, is amended by
redesignating subsections (c) through (f) as subsections (f)
through (i), respectively, and by adding after subsection (b)
the following:
``(c) Vehicle Content Percentage by Assembly Plant.--A
manufacturer may display separately on the label required by
subsection (b) the domestic content of a vehicle based on the
assembly plant. Such display shall occur after the matter
required to be in the label by subsection (b)(1)(A).''.
(4) Suppliers failing to report.--Section 32304 of title
49, United States Code, is amended by adding after subsection
(c), as added by paragraph (3), the following:
``(d) Value Added Determination.--If a manufacturer or
allied supplier requests information in a timely manner from
one or more of its outside suppliers concerning the United
States /Canadian content of particular equipment, but does
not receive that information despite a good faith effort to
obtain it, the manufacturer or allied supplier may make its
own good faith value added determinations, subject to the
following:
``(1) The manufacturer or allied supplier shall make the
same value added determinations as would be made by the
outside supplier, that is, whether 70 percent or more of the
value of equipment is added in the United States and /or
Canada.
``(2) The manufacturer or allied supplier shall consider
the amount of value added and the location in which the value
was added for all of the stages that the outside supplier
would be required to consider.
``(3) The manufacturer or allied supplier may determine
that the value added in the United States and /or Canada is
70 percent or more only if it has a good faith basis to make
that determination.
``(4) A manufacturer and its allied suppliers may, on a
combined basis, make value added determinations for no more
than 10 percent, by value, of a carline's total parts content
from outside suppliers.
``(5) Value added determinations made by a manufacturer or
allied supplier under this paragraph shall have the same
effect as if they were made by the outside supplier.
``(6) This provision does not affect the obligation of
outside suppliers to provide the requested information.''.
(5) Accounting for the value of small parts.--Section 32304
of title 49, United States Code, is amended by adding after
subsection (d), as added by paragraph (4), the following:
``(e) Small Parts.--The country of origin of nuts, bolts,
clips, screws, pins, braces, gasoline, oil, blackout,
phosphate rinse, windshield washer fluid, fasteners, tire
assembly fluid, rivets, adhesives, and grommets, of any
system, subassembly, or component installed in a vehicle
shall be considered to be the country in which such parts
were included in the final assembly of such vehicle.''.
(e) Study.--The National Highway Traffic Safety
Administration shall conduct a study of the benefits to motor
vehicle drivers of a regulation to require the installation
in a motor vehicle of an interior device to release the trunk
lid. Not later than 18 months after the date of the enactment
of this Act, the Administration shall submit a report on the
results of the study to the Committee on Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.
(a) Importation of Noncomplying Motor Vehicles.--Section
30114 of title 49, United States Code, is amended by striking
``or competitive racing events'' and inserting ``competitive
racing events, show, or display''.
(b) Transition Rule.--A person who is the owner of a motor
vehicle located in the United States on the date of enactment
of this Act may seek an exemption under section 30114 of
title 49, United States Code, as amended by subsection (a) of
this section, for a period of 6 months after the date
regulations of the Secretary of Transportation promulgated in
response to such amendment take effect.
Subtitle B--Railroads
SEC. 7201. HIGH-SPEED RAIL.
(a) Authorization of Appropriations.--Section 26104 of
title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (h); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Fiscal Year 1998.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year
1998, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 1998, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(e) Fiscal Year 1999.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year
1999, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 1999, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(f) Fiscal Year 2000.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year
2000, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 2000, for carrying out
section 26102 (including payment of administrative expenses
related thereto).
``(g) Fiscal Year 2001.--(1) There are authorized to be
appropriated to the Secretary $10,000,000 for fiscal year
2001, for carrying out section 26101 (including payment of
administrative expenses related thereto).
``(2) There are authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 2001, for carrying out
section 26102 (including payment of administrative expenses
related thereto).''.
(b) Definition.--Section 26105(2) of title 49, United
States Code, is amended to read as follows:
``(2) the term `high-speed rail' means all forms of
nonhighway ground transportation that run on rails or
electromagnetic guideways providing transportation service
which is--
``(A) reasonably expected to reach sustained speeds of more
than 125 miles per hour; and
``(B) made available to members of the general public as
passengers,
but does not include rapid transit operations within an urban
area that are not connected to the general rail system of
transportation;''.
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.
(a) Amendment.--Part B of subtitle V of title 49, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS
``Sec.
``22301. Light density rail line pilot projects.
``Sec. 22301. Light density rail line pilot projects
``(a) Grants.--The Secretary of Transportation may make
grants to States that have State rail plans described in
section 22102 (1) and (2), to fund pilot projects that
demonstrate the relationship of light density railroad
services to the statutory responsibilities of the Secretary,
including those under title 23.
``(b) Limitations.--Grants under this section may be made
only for pilot projects for making capital improvements to,
and rehabilitating, publicly and privately owned rail line
structures, and may not be used for providing operating
assistance.
``(c) Private Owner Contributions.--Grants made under this
section for projects on privately owned rail line structures
shall include contributions by the owner of the rail line
structures, based on the benefit to those structures, as
determined by the Secretary.
``(d) Study.--The Secretary shall conduct a study of the
pilot projects carried out with grant assistance under this
section to determine the public interest benefits associated
with the light density railroad networks in the States and
their contribution to a multimodal transportation system. Not
later than March 31, 2003, the Secretary shall report to
Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail
networks for Federal infrastructure financing.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $17,500,000 for each of the fiscal years 1998,
1999, 2000, 2001, 2002, and 2003. Such funds shall remain
available until expended.''.
(b) Table of Chapters.--The table of chapters of subtitle V
of title 49, United States Code, is amended by inserting
after the item relating to chapter 221 the following new
item:
``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS..................22301''.
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Amendments.--Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 is amended--
(1) by striking sections 501 through 504 and inserting the
following new sections:
``SEC. 501. DEFINITIONS.
``For purposes of this title:
``(1)(A) The term `cost' means the estimated long-term cost
to the Government of a direct loan or loan guarantee or
modification thereof, calculated on a net present value
basis, excluding administrative costs and any incidental
effects on governmental receipts or outlays.
``(B) The cost of a direct loan shall be the net present
value, at the time when the direct loan is disbursed, of the
following estimated cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Payments of interest and other payments by or to
the Government over the life of the loan after adjusting for
estimated defaults, prepayments, fees, penalties, and other
recoveries.
Calculation of the cost of a direct loan shall include the
effects of changes in loan terms resulting from the exercise
by the borrower of an option included in the loan contract.
``(C) The cost of a loan guarantee shall be the net present
value, at the time when the guaranteed loan is disbursed, of
the following estimated cash flows:
``(i) Payments by the Government to cover defaults and
delinquencies, interest subsidies, or other payments.
``(ii) Payments to the Government, including origination
and other fees, penalties, and recoveries.
Calculation of the cost of a loan guarantee shall include the
effects of changes in loan terms resulting from the exercise
by the guaranteed lender of an option included in the loan
guarantee contract, or by the borrower of an option included
in the guaranteed loan contract.
[[Page H3888]]
``(D) The cost of a modification is the difference between
the current estimate of the net present value of the
remaining cash flows under the terms of a direct loan or loan
guarantee contract, and the current estimate of the net
present value of the remaining cash flows under the terms of
the contract, as modified.
``(E) In estimating net present values, the discount rate
shall be the average interest rate on marketable Treasury
securities of similar maturity to the cash flows of the
direct loan or loan guarantee for which the estimate is being
made.
``(F) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are
obligated.
``(2) The term `current' has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(3) The term `direct loan' means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds. The term includes
the purchase of, or participation in, a loan made by another
lender and financing arrangements that defer payment for more
than 90 days, including the sale of a government asset on
credit terms. The term does not include the acquisition of a
federally guaranteed loan in satisfaction of default claims.
``(4) The term `direct loan obligation' means a binding
agreement by the Secretary to make a direct loan when
specified conditions are fulfilled by the borrower.
``(5) The term `intermodal' means of or relating to the
connection between rail service and other modes of
transportation, including all parts of facilities at which
such connection is made.
``(6) The term `loan guarantee' means any guarantee,
insurance, or other pledge with respect to the payment of all
or a part of the principal or interest on any debt obligation
of a non-Federal borrower to a non-Federal lender, but does
not include the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
``(7) The term `loan guarantee commitment' means a binding
agreement by the Secretary to make a loan guarantee when
specified conditions are fulfilled by the borrower, the
lender, or any other party to the guarantee agreement.
``(8) The term `modification' means any Government action
that alters the estimated cost of an outstanding direct loan
(or direct loan obligation) or an outstanding loan guarantee
(or loan guarantee commitment) from the current estimate of
cash flows. This includes the sale of loan assets, with or
without recourse, and the purchase of guaranteed loans. This
also includes any action resulting from new legislation, or
from the exercise of administrative discretion under existing
law, that directly or indirectly alters the estimated cost of
outstanding direct loans (or direct loan obligations) or loan
guarantees (or loan guarantee commitments) such as a change
in collection procedures.
``SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.
``(a) General Authority.--The Secretary may provide direct
loans and loan guarantees to State and local governments,
government sponsored authorities and corporations, railroads,
and joint ventures that include at least 1 railroad.
``(b) Eligible Purposes.--
``(1) In general.--Direct loans and loan guarantees under
this section shall be used to--
``(A) acquire, improve, or rehabilitate intermodal or rail
equipment or facilities, including track, components of
track, bridges, yards, buildings, and shops;
``(B) refinance outstanding debt incurred for the purposes
described in subparagraph (A); or
``(C) develop or establish new intermodal or railroad
facilities.
``(2) Operating expenses not eligible.--Direct loans and
loan guarantees under this section shall not be used for
railroad operating expenses.
``(c) Priority Projects.--In granting applications for
direct loans or guaranteed loans under this section, the
Secretary shall give priority to projects that--
``(1) enhance public safety;
``(2) enhance the environment;
``(3) promote economic development;
``(4) enable United States companies to be more competitive
in international markets;
``(5) are endorsed by the plans prepared under section 135
of title 23, United States Code, by the State or States in
which they are located; or
``(6) preserve or enhance rail or intermodal service to
small communities or rural areas.
``(d) Extent of Authority.--The aggregate unpaid principal
amounts of obligations under direct loans and loan guarantees
made under this section shall not exceed $3,500,000,000 at
any one time. Of this amount, not less than $1,000,000,000
shall be available solely for projects primarily benefiting
freight railroads other than Class I carriers.
``(e) Rates of Interest.--
``(1) Direct loans.--The Secretary shall require interest
to be paid on a direct loan made under this section at a rate
not less than that necessary to recover the cost of making
the loan.
``(2) Loan guarantees.--The Secretary shall not make a loan
guarantee under this section if the interest rate for the
loan exceeds that which the Secretary determines to be
reasonable, taking into consideration the prevailing interest
rates and customary fees incurred under similar obligations
in the private capital market.
``(f) Infrastructure Partners.--
``(1) Authority of secretary.--In lieu of or in combination
with appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990, the
Secretary may accept on behalf of an applicant for assistance
under this section a commitment from a non-Federal source to
fund in whole or in part credit risk premiums with respect to
the loan that is the subject of the application. In no event
shall the aggregate of appropriations of budget authority and
credit risk premiums described in this paragraph with respect
to a direct loan or loan guarantee be less than the cost of
that direct loan or loan guarantee.
``(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums under
this subsection on the basis of--
``(A) the circumstances of the applicant, including the
amount of collateral offered;
``(B) the proposed schedule of loan disbursements;
``(C) historical data on the repayment history of similar
borrowers;
``(D) consultation with the Congressional Budget Office;
and
``(E) any other factors the Secretary considers relevant.
``(3) Payment of premiums.--Credit risk premiums under this
subsection shall be paid to the Secretary before the
disbursement of loan amounts.
``(4) Cohorts of loans.--In order to maintain sufficient
balances of credit risk premiums to adequately protect the
Federal Government from risk of default, while minimizing the
length of time the Government retains possession of those
balances, the Secretary shall establish cohorts of loans.
When all obligations attached to a cohort of loans have been
satisfied, credit risk premiums paid for the cohort, and
interest accrued thereon, which were not used to mitigate
losses shall be returned to the original source on a pro rata
basis.
``(g) Prerequisites for Assistance.--The Secretary shall
not make a direct loan or loan guarantee under this section
unless the Secretary has made a finding in writing that--
``(1) repayment of the obligation is required to be made
within a term of not more than 25 years from the date of its
execution;
``(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services or
intermodal facilities;
``(3) the applicant has given reasonable assurances that
the facilities or equipment to be acquired, rehabilitated,
improved, developed, or established with the proceeds of the
obligation will be economically and efficiently utilized;
``(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and
collateral offered by the applicant to protect the Federal
Government; and
``(5) the purposes of the direct loan or loan guarantee are
consistent with subsection (b).
``(h) Conditions of Assistance.--The Secretary shall,
before granting assistance under this section, require the
applicant to agree to such terms and conditions as are
sufficient, in the judgment of the Secretary, to ensure that,
as long as any principal or interest is due and payable on
such obligation, the applicant, and any railroad or railroad
partner for whose benefit the assistance is intended--
``(1) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant, railroad, or railroad partner to provide rail or
intermodal services in an efficient and economic manner, or
would adversely affect the ability of the applicant,
railroad, or railroad partner to perform any obligation
entered into by the applicant under this section;
``(2) will, consistent with its capital resources, maintain
its capital program, equipment, facilities, and operations on
a continuing basis; and
``(3) will not make any discretionary dividend payments
that unreasonably conflict with the purposes stated in
subsection (b).
``SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN
GUARANTEES.
``(a) Applications.--The Secretary shall prescribe the form
and contents required of applications for assistance under
section 502, to enable the Secretary to determine the
eligibility of the applicant's proposal, and shall establish
terms and conditions for direct loans and loan guarantees
made under that section.
``(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee made under section 502 may assign the loan
guarantee in whole or in part, subject to such requirements
as the Secretary may prescribe.
``(d) Modifications.--The Secretary may approve the
modification of any term or condition of a direct loan, loan
guarantee, direct loan obligation, or loan guarantee
commitment, including the rate of interest, time of payment
of interest or principal, or security requirements, if the
Secretary finds in writing that--
``(1) the modification is equitable and is in the overall
best interests of the United States; and
``(2) consent has been obtained from the applicant and, in
the case of a loan guarantee or loan guarantee commitment,
the holder of the obligation.
``(e) Compliance.--The Secretary shall assure compliance,
by an applicant, any other party to the loan, and any
railroad or railroad partner for whose benefit assistance is
intended, with the provisions of this title, regulations
issued hereunder, and the terms and conditions of the direct
loan or loan guarantee, including through regular periodic
inspections.
``(f) Commercial Validity.--For purposes of claims by any
party other than the Secretary, a loan guarantee or loan
guarantee commitment shall be conclusive evidence that the
underlying obligation is in compliance with the provisions of
this title, and that such obligation has been approved and is
legal as to principal, interest, and other terms. Such a
guarantee or commitment shall be valid and incontestable in
the hands of a holder thereof, including the original lender
or any other holder, as of the date when the Secretary
granted the application therefor, except as to fraud or
material misrepresentation by such holder.
[[Page H3889]]
``(g) Default.--The Secretary shall prescribe regulations
setting forth procedures in the event of default on a loan
made or guaranteed under section 502. The Secretary shall
ensure that each loan guarantee made under that section
contains terms and conditions that provide that--
``(1) if a payment of principal or interest under the loan
is in default for more than 30 days, the Secretary shall pay
to the holder of the obligation, or the holder's agent, the
amount of unpaid guaranteed interest;
``(2) if the default has continued for more than 90 days,
the Secretary shall pay to the holder of the obligation, or
the holder's agent, 90 percent of the unpaid guaranteed
principal;
``(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to the
holder of the obligation, or the holder's agent, any
remaining amounts guaranteed but which were not recovered
through the default's resolution;
``(4) the Secretary shall not be required to make any
payment under paragraphs (1) through (3) if the Secretary
finds, before the expiration of the periods described in such
paragraphs, that the default has been remedied; and
``(5) the holder of the obligation shall not receive
payment or be entitled to retain payment in a total amount
which, together with all other recoveries (including any
recovery based upon a security interest in equipment or
facilities) exceeds the actual loss of such holder.
``(h) Rights of the Secretary.--
``(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (g) in
connection with a loan guarantee made under section 502, the
Secretary shall be subrogated to all of the rights of the
holder with respect to the obligor under the loan.
``(2) Disposition of property.--The Secretary may complete,
recondition, reconstruct, renovate, repair, maintain,
operate, charter, rent, sell, or otherwise dispose of any
property or other interests obtained pursuant to this
section. The Secretary shall not be subject to any Federal or
State regulatory requirements when carrying out this
paragraph.
``(i) Action Against Obligor.--The Secretary may bring a
civil action in an appropriate Federal court in the name of
the United States in the event of a default on a direct loan
made under section 502, or in the name of the United States
or of the holder of the obligation in the event of a default
on a loan guaranteed under section 502. The holder of a
guarantee shall make available to the Secretary all records
and evidence necessary to prosecute the civil action. The
Secretary may accept property in full or partial satisfaction
of any sums owed as a result of a default. If the Secretary
receives, through the sale or other disposition of such
property, an amount greater than the aggregate of--
``(1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
``(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
``(j) Breach of Conditions.--The Attorney General shall
commence a civil action in an appropriate Federal court to
enjoin any activity which the Secretary finds is in violation
of this title, regulations issued hereunder, or any
conditions which were duly agreed to, and to secure any other
appropriate relief.
``(k) Attachment.--No attachment or execution may be issued
against the Secretary, or any property in the control of the
Secretary, prior to the entry of final judgment to such
effect in any State, Federal, or other court.
``(l) Investigation Charge.--The Secretary may charge and
collect from each applicant a reasonable charge for appraisal
of the value of the equipment or facilities for which the
direct loan or loan guarantee is sought, and for making
necessary determinations and findings. Such charge shall not
aggregate more than one-half of 1 percent of the principal
amount of the obligation.'';
(2) by striking sections 505 through 515 (other than
511(c)), 517, and 518;
(3) in section 511(c) by striking ``this section'' and
inserting ``section 502'';
(4) by moving subsection (c) of section 511 (as amended by
paragraph (3) of this section) from section 511 to section
503 (as inserted by paragraph (1) of this section), inserting
it after subsection (a), and redesignating it as subsection
(b); and
(5) by redesignating section 516 as section 504.
(b) Technical and Conforming Provisions.--
(1) Table of contents.--The table of contents of title V of
the Railroad Revitalization and Regulatory Reform Act of 1976
is amended by striking the items relating to sections 502
through 518 and inserting the following:
``Sec. 502. Direct loans and loan guarantees.
``Sec. 503. Administration of direct loans and loan guarantees.
``Sec. 504. Employee protection.''.
(2) Savings provision.--A transaction entered into under
the authority of title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before
the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted.
(3) Repeal.--Section 211(i) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.
SEC. 7204. ALASKA RAILROAD.
(a) Grants.--The Secretary may make grants to the Alaska
Railroad for capital rehabilitation of and improvements to
its passenger services.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,250,000 for
each of fiscal years 1998 through 2003.
Subtitle C--Comprehensive One-Call Notification
SEC. 7301. FINDINGS.
Congress finds that--
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in
telecommunications, water supply, electric power, and other
vital public services, such as hospital and air traffic
control operations, and is a leading cause of natural gas and
hazardous liquid pipeline accidents;
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate or
untimely marking of such a facility prior to excavation can
cause damage that results in fatalities, serious injuries,
harm to the environment and disruption of vital services to
the public; and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by
excavations will be enhanced by a coordinated national effort
to improve one-call notification programs in each State and
the effectiveness and efficiency of one-call notification
systems that operate under such programs.
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.
(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``6108. Relationship to State laws.
``Sec. 6101. Purposes
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities
during excavation through the voluntary adoption and
efficient implementation by all States of State one-call
notification programs that meet the minimum standards set
forth under section 6103.
``Sec. 6102. Definitions
``In this chapter, the following definitions apply:
``(1) One-call notification system.--The term ``one-call
notification system'' means a system operated by an
organization that has as 1 of its purposes to receive
notification from excavators of intended excavation in a
specified area in order to disseminate such notification to
underground facility operators that are members of the system
so that such operators can locate and mark their facilities
in order to prevent damage to underground facilities in the
course of such excavation.
``(2) State one-call notification program.--The term
``State one-call notification program'' means the State
statutes, regulations, orders, judicial decisions, and other
elements of law and policy in effect in a State that
establish the requirements for the operation of one-call
notification systems in such State.
``(3) State.--The term `State' means a State, the District
of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``Sec. 6103. Minimum standards for State one-call
notification programs
``(a) Minimum Standards.--In order to qualify for a grant
under section 6106, a State one-call notification program
shall, at a minimum, provide for--
``(1) appropriate participation by all underground facility
operators;
``(2) appropriate participation by all excavators; and
``(3) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(b) Appropriate Participation.--In determining the
appropriate extent of participation required for types of
underground facilities or excavators under subsection (a), a
State shall assess, rank, and take into consideration the
risks to the public safety, the environment, excavators, and
vital public services associated with--
``(1) damage to types of underground facilities; and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification
program also shall, at a minimum, provide for--
``(1) consideration of the ranking of risks under
subsection (b) in the enforcement of its provisions;
``(2) a reasonable relationship between the benefits of
one-call notification and the cost of implementing and
complying with the requirements of the State one-call
notification program; and
``(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type
of excavator poses a de minimis risk to public safety or the
environment.
``(d) Penalties.--To the extent the State determines
appropriate and necessary to achieve the purposes of this
chapter, a State one-call notification program shall, at a
minimum, provide for--
``(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility
owner of a State one-call notification program;
``(2) increased penalties for parties that repeatedly
damage underground facilities because they fail to use one-
call notification systems or
[[Page H3890]]
for parties that repeatedly fail to provide timely and
accurate marking after the required call has been made to a
one-call notification system;
``(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that
results in, or could result in, damage that is promptly
reported by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. Compliance with minimum standards
``(a) Requirement.--In order to qualify for a grant under
section 6106, each State shall submit to the Secretary a
grant application under subsection (b). The State shall
submit the application not later than 2 years after the date
of enactment of this chapter.
``(b) Application.--
``(1) Upon application by a State, the Secretary shall
review that State's one-call notification program, including
the provisions for the implementation of the program and the
record of compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the
Secretary shall determine whether the State's one-call
notification program meets the minimum standards for such a
program set forth in section 6103 in order to qualify for a
grant under section 6106.
``(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific
modification thereof, or a proposed State program would
result in a positive determination under paragraph (2).
``(4) The Secretary shall prescribe the form and manner of
filing an application under this section that shall provide
sufficient information about a State's one-call notification
program for the Secretary to evaluate its overall
effectiveness. Such information may include the nature and
reasons for exceptions from required participation, the types
of enforcement available, and such other information as the
Secretary deems necessary.
``(5) The application of a State under paragraph (1) and
the record of actions of the Secretary under this section
shall be available to the public.
``(c) Alternative Program.--A State is eligible to receive
a grant under section 6106 if the State maintains an
alternative one-call notification program that provides
protection for public safety, excavators, and the environment
that is equivalent to, or greater than, protection provided
under a program that meets the minimum standards set forth in
section 6103.
``(d) Report.--Within 3 years after the date of the
enactment of this chapter, the Secretary shall begin to
include the following information in reports submitted under
section 60124 of this title--
``(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards under
section 6103 or maintains an alternative program under
subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of each State's one-call notification program
and the one-call notification systems operating under such
program in achieving the purposes of this chapter;
``(3) the impact of each State's decisions on the extent of
required participation in one-call notification systems on
prevention of damage to underground facilities; and
``(4) areas where improvements are needed in one-call
notification systems in operation in each State.
The report shall also include any recommendations the
Secretary determines appropriate. If the Secretary determines
that the purposes of this chapter have been substantially
achieved, no further report under this section shall be
required.
``Sec. 6105. Review of one-call system best practices
``(a) Study of Existing One-Call Systems.--Except as
provided in subsection (d), the Secretary, in consultation
with other appropriate Federal agencies, State agencies, one-
call notification system operators, underground facility
operators, excavators, and other interested parties, shall
undertake a study of damage prevention practices associated
with existing one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The
purpose of the study is to gather information in order to
determine which existing one-call notification systems
practices appear to be the most effective in protecting the
public, excavators, and the environment and in preventing
disruptions to public services and damage to underground
facilities. As part of the study, the Secretary shall
consider, at a minimum--
``(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners of
underground facilities;
``(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
``(3) the methods by which one-call notification systems
receive and distribute information from excavators and
underground facility owners;
``(4) the use of any performance and service standards to
verify the effectiveness of a one-call notification system;
``(5) the effectiveness and accuracy of mapping used by
one-call notification systems;
``(6) the relationship between one-call notification
systems and preventing damage to underground facilities;
``(7) how one-call notification systems address the need
for rapid response to situations where the need to excavate
is urgent;
``(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors
in the excavation process after a one-call notification
system has been notified of an excavation;
``(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
``(10) the characteristics of damage prevention programs
the Secretary believes could be relevant to the effectiveness
of State one-call notification programs; and
``(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs in
obtaining compliance with program requirements.
``(c) Report.--Within 1 year after the date of the
enactment of this chapter, the Secretary shall publish a
report identifying those practices of one-call notification
systems that are the most and least successful in--
``(1) preventing damage to underground facilities; and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those
practices identified in the report that the State determines
are the most appropriate.
``(d) Secretarial Discretion.--Prior to undertaking the
study described in subsection (a), the Secretary shall
determine whether timely information described in subsection
(b) is readily available. If the Secretary determines that
such information is readily available, the Secretary is not
required to carry out the study.
``Sec. 6106. Grants to States
``(a) In General.--The Secretary may make a grant of
financial assistance to a State that qualifies under section
6104(b) to assist in improving--
``(1) the overall quality and effectiveness of one-call
notification systems in the State;
``(2) communications systems linking one-call notification
systems;
``(3) location capabilities, including training personnel
and developing and using location technology;
``(4) record retention and recording capabilities for one-
call notification systems;
``(5) public information and education;
``(6) participation in one-call notification systems; or
``(7) compliance and enforcement under the State one-call
notification program.
``(b) State Action Taken Into Account.--In making grants
under this section, the Secretary shall take into
consideration the commitment of each State to improving its
State one-call notification program, including legislative
and regulatory actions taken by the State after the date of
enactment of this chapter.
``(c) Funding for One-Call Notification Systems.--A State
may provide funds received under this section directly to any
one-call notification system in such State that substantially
adopts the best practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
``(a) For Grants to States.--There are authorized to be
appropriated to the Secretary to provide grants to States
under section 6106 $1,000,000 for fiscal year 2000 and
$5,000,000 for fiscal year 2001. Such funds shall remain
available until expended, .
``(b) For Administration.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
to carry out sections 6103, 6104, and 6105 for fiscal years
1999, 2000, and 2001.
``(c) General Revenue Funding.--Any sums appropriated under
this section shall be derived from general revenues and may
not be derived from amounts collected under section 60301 of
this title.
``Sec. 6108. Relationship to State laws
``Nothing in this chapter preempts State law or shall
impose a new requirement on any State or mandate revisions to
a one-call system.''.
(b) Conforming Amendment.--The table of chapters for
subtitle III of such title is amended by adding at the end
thereof the following:
``61. ONE-CALL NOTIFICATION PROGRAMS........................6101''.....
Subtitle D--Sportfishing and Boating Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.
(a) Short Title.--This subtitle may be cited as the
``Sportfishing and Boating Safety Act of 1998''.
(b) Amendment of 1950 Act.--Whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision of the 1950 Act,
the reference shall be considered to be made to a section or
other provision of the Act entitled ``An Act to provide that
the United States shall aid the States in fish restoration
and management projects, and for other purposes,'' approved
August 9, 1950 (16 U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C.
777a) is amended--
(1) by indenting the left margin of so much of the text as
precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--'' after the
section heading;
(3) by striking ``For the purpose of this Act the'' in the
first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the text as
follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'',
respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end the following:
[[Page H3891]]
``(2) the term `outreach and communications program' means
a program to improve communications with anglers, boaters,
and the general public regarding angling and boating
opportunities, to reduce barriers to participation in these
activities, to advance adoption of sound fishing and boating
practices, to promote conservation and the responsible use of
the Nation's aquatic resources, and to further safety in
fishing and boating; and
``(3) the term `aquatic resource education program' means a
program designed to enhance the public's understanding of
aquatic resources and sportfishing, and to promote the
development of responsible attitudes and ethics toward the
aquatic environment.''.
(b) Funding for Outreach and Communications Program.--
Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) National Outreach and Communications Program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
``(1) $5,000,000 for fiscal year 1999;
``(2) $6,000,000 for fiscal year 2000;
``(3) $7,000,000 for fiscal year 2001;
``(4) $8,000,000 for fiscal year 2002; and
``(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications
Program under section 8(d). Such amounts shall remain
available for 3 fiscal years, after which any portion thereof
that is unobligated by the Secretary of the Interior for that
program may be expended by the Secretary under subsection
(e).'';
(3) in subsection (d), as redesignated, by inserting ``,
for an outreach and communications program'' after ``Act'';
(4) in subsection (d), as redesignated, by striking
``subsections (a) and (b),'' and inserting ``subsections (a),
(b), and (c),'';
(5) by adding at the end of subsection (d), as
redesignated, the following: ``Of the sum available to the
Secretary of the Interior under this subsection for any
fiscal year, up to $2,500,000 may be used for the National
Outreach and Communications Program under section 8(d) in
addition to the amount available for that program under
subsection (c). No funds available to the Secretary under
this subsection may be used to replace funding traditionally
provided through general appropriations, nor for any purposes
except those purposes authorized by this Act. The Secretary
shall publish a detailed accounting of the projects,
programs, and activities funded under this subsection
annually in the Federal Register.''; and
(6) in subsection (e), as redesignated, by striking
``subsections (a), (b), and (c),'' and inserting
``subsections (a), (b), (c), and (d),''.
(c) Increase in State Allocation.--Section 8 of the 1950
Act (16 U.S.C. 777g) is amended--
(1) by striking ``12 \1/2\ percentum'' each place it
appears in subsection (b) and inserting ``15 percent'';
(2) by striking ``10 percentum'' in subsection (c) and
inserting ``15 percent'';
(3) by inserting ``and communications'' in subsection (c)
after ``outreach''; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary of the Interior shall develop and implement, in
cooperation and consultation with the Sport Fishing and
Boating Partnership Council, a national plan for outreach and
communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the development of an
administrative process and funding priorities, for outreach
and communications programs; and
``(B) for the establishment of a national program.
``(3) Secretary may match or fund programs.--Under the
plan, the Secretary may obligate amounts available under
subsection (c) or (d) of section 4 of this Act--
``(A) to make grants to any State or private entity to pay
all or any portion of the cost of carrying out any outreach
and communications program under the plan; or
``(B) to fund contracts with States or private entities to
carry out such a program.
``(4) Review.--The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
``(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an
outreach and communications program and submit it to the
Secretary. In developing the plan, a State shall--
``(1) review the national plan developed under subsection
(d);
``(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
``(3) establish priorities for the State outreach and
communications program proposed for implementation.''.
SEC. 7403. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended
to read as follows:
``(b) Use of Balance After Distribution.--
``(1) Fiscal year 1998.--In fiscal year 1998, an amount
equal to $20,000,000 of the balance remaining after the
distribution under subsection (a) shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section
13106(a)(1) of title 46, United States Code.
``(2) Fiscal year 1999.--For fiscal year 1999, of the
balance of each annual appropriation remaining after making
the distribution under subsection (a), an amount equal to
$74,000,000, reduced by 82 percent of the amount appropriated
for that fiscal year from the Boat Safety Account of the
Aquatic Resources Trust Fund established by section 9504 of
the Internal Revenue Code of 1986 to carry out the purposes
of section 13106(a) of title 46, United States Code, shall be
used as follows:
``(A) $10,000,000 shall be available to the Secretary of
the Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
``(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary of
Transportation and shall be expended for State recreational
boating safety programs under section 13106 of title 46,
United States Code.
``(3) Fiscal years 2000-2003.--For each of fiscal years
2000 through 2003, of the balance of each annual
appropriation remaining after making the distribution under
subsection (a), an amount equal to $82,000,000, reduced by 82
percent of the amount appropriated for that fiscal year from
the Boat Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue Code of
1986 to carry out the purposes of section 13106(a) of title
46, United States Code, shall be used as follows:
``(A) $10,000,000 shall be available for each fiscal year
to the Secretary of the Interior for 3 fiscal years for
obligation for qualified projects under section 5604(c) of
the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) $8,000,000 shall be available for each fiscal year to
the Secretary of the Interior for 3 fiscal years for
obligation for qualified projects under section 6404(d) of
the Sportfishing and Boating Safety Act of 1998.
``(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each such
fiscal year to the Secretary of Transportation and shall be
expended for State recreational boating safety programs under
section 13106 of title 46, United States Code.
``(4) Transfer of certain funds.--Amounts available under
subparagraph (A) of paragraph (2) and subparagraphs (A) and
(B) of paragraph (3) that are unobligated by the Secretary of
the Interior after 3 fiscal years shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section 13106(a)
of title 46, United States Code.''.
SEC. 7404. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide
funds to States for the development and maintenance of
facilities for transient nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as
amended by section 6402, is amended by adding at the end
thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the date
of enactment of the Sportfishing and Boating Safety Act of
1998, the Secretary, in consultation with the States, shall
adopt a national framework for a public boat access needs
assessment which may be used by States to conduct surveys to
determine the adequacy, number, location, and quality of
facilities providing access to recreational waters for all
sizes of recreational boats.
``(2) State surveys.--Within 18 months after such date of
enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national
framework shall report its findings to the Secretary for use
in the development of a comprehensive national assessment of
recreational boat access needs and facilities.
``(3) Exception.--Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the
Secretary certifies that the State has developed and is
implementing a plan that ensures there are and will be public
boat access adequate to meet the needs of recreational
boaters on its waters.
``(4) Funding.--A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other
purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as
added by subsection (b) of this section, a State may develop
and submit to the Secretary a plan for the construction,
renovation, and maintenance of facilities for transient
nontrailerable recreational vessels, and access to those
facilities, to meet the needs of nontrailerable recreational
vessels operating on navigable waters in the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate amounts made available under section 4(b)(3)(B) of
the Act entitled ``An Act to provide that the United States
shall aid the States in fish restoration and management
projects, and for other purposes,'' approved August 9, 1950,
as amended by this Act, to make grants to any State to pay
not more than 75 percent of the cost to a State of
constructing, renovating, or maintaining facilities for
transient nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph (1),
the Secretary shall give priority to projects that--
[[Page H3892]]
(A) consist of the construction, renovation, or maintenance
of facilities for transient nontrailerable recreational
vessels in accordance with a plan submitted by a State under
subsection (c);
(B) provide for public/private partnership efforts to
develop, maintain, and operate facilities for transient
nontrailerable recreational vessels; and
(C) propose innovative ways to increase the availability of
facilities for transient nontrailerable recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure;
(2) ``facilities for transient nontrailerable recreational
vessels'' includes mooring buoys, day-docks, navigational
aids, seasonal slips, safe harbors, or similar structures
located on navigable waters, that are available to the
general public (as determined by the Secretary of the
Interior) and designed for temporary use by nontrailerable
recreational vessels; and
(3) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
SEC. 7405. BOAT SAFETY FUNDS.
(a) Availability of Allocations.--Section 13104(a) of title
46, United States Code, is amended--
(1) in paragraph (1), by striking ``3 years'' and inserting
``2 years''; and
(2) in paragraph (2), by striking ``3-year'' and inserting
``2-year''.
(b) Expenditures.--Section 13106 of title 46, United States
Code, is amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2) and
subsection (c), the Secretary shall expend in each fiscal
year for State recreational boating safety programs, under
contracts with States under this chapter, an amount equal to
the sum of (A) the amount appropriated from the Boat Safety
Account for that fiscal year and (B) the amount transferred
to the Secretary under section 4(b) of the Act of August 9,
1950 (16 U.S.C. 777c(b)).'';
(2) in subsection (a)(2), by striking ``appropriated'' and
inserting ``available''; and
(3) by striking subsection (c) and inserting the following:
``(c) Of the amount transferred for each fiscal year to the
Secretary of Transportation under paragraphs (2) and (3) of
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), $5,000,000 is available to the Secretary for
payment of expenses of the Coast Guard for personnel and
activities directly related to coordinating and carrying out
the national recreational boating safety program under this
title, of which $2,000,000 shall be available to the
Secretary only to ensure compliance with chapter 43 of this
title. No funds available to the Secretary under this
subsection may be used to replace funding traditionally
provided through general appropriations, nor for any purposes
except those purposes authorized by this section. Amounts
made available by this subsection shall remain available
until expended. The Secretary shall publish annually in the
Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''.
(c) Conforming Amendments.--
(1) The heading for section 13106 of title 46, United
States Code, is amended to read as follows:
``Sec. 13106. Authorization of appropriations''.
(2) The chapter analysis for chapter 131 of title 46,
United States Code, is amended by striking the item relating
to section 13106 and inserting the following:
``13106. Authorization of appropriations.''.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND
BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.
(a) Establishment of Separate Categories.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
(1) FY1999.--In paragraph (3), strike ``and'' at the end of
subparagraph (B) and after subparagraph (C) add the following
new subparagraphs:
``(D) for the highway category: $21,885,000,000 in outlays;
and
``(E) for the mass transit category: $4,401,000,000 in
outlays.
(2) FY2000.--In paragraph (4), strike ``and'' at the end of
subparagraph (A) and at the end add the following new
subparagraphs:
``(C) for the highway category: $24,436,000,000 in outlays;
and
``(D) for the mass transit category: $4,761,000,000 in
outlays;''.
(3) FY2001.--In paragraph (5), strike the comma and insert
``--'' after ``2001'', insert ``(A)'' before ``for'' and
indent the new subparagraph and move it 2 ems to the right,
strike ``and'' at the end of such subparagraph, and at the
end add the following new subparagraphs:
``(B) for the highway category: $26,204,000,000 in outlays;
and
``(C) for the mass transit category: $5,190,000,000 in
outlays;''.
(4) FY2002.--In paragraph (6), strike the comma and insert
``--'' after ``2002'', insert ``(A)'' before ``for'', indent
the new subparagraph and move it 2 ems to the right, and add
at the end the following new subparagraphs:
``(B) for the highway category: $26,977,000,000 in outlays;
and
``(C) for the mass transit category: $5,709,000,000 in
outlays; and''.
(5) FY2003.--After paragraph (6), add the following new
paragraph:
``(7) with respect to fiscal year 2003--
``(A) for the highway category: $27,728,000,000 in outlays;
and
``(B) for the mass transit category: $6,256,000,000 in
outlays;''.
(b) Offsetting Adjustment in Discretionary Spending
Limits.--
(1) Adjustment of nondefense category for fy1999.--The
discretionary spending limit set forth in section
251(c)(3)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $25,173,000,000 in outlays.
(2) Adjustment of discretionary category for fy2000.--The
discretionary spending limit set forth in section
251(c)(4)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $26,045,000,000 in outlays.
(3) Adjustment of discretionary spending limit for
fy2001.--The discretionary spending limit set forth in
section 251(c)(5)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $26,329,000,000 in outlays.
(4) Adjustment of discretionary spending limit for
fy2002.--The discretionary spending limit set forth in
section 251(c)(6)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $26,675,000,000 in outlays.
(c) Definitions of Highway Category and Mass Transit
Category.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting
``(A)'' after ``(4)'' and by adding at the end the following
new subparagraphs:
``(B) The term `highway category' refers to the following
budget accounts or portions thereof that are subject to the
obligation limitations on contract authority set forth in the
Transportation Equity Act for the 21st Century:
``(i) 69-8083-0-7-401 (Federal-Aid Highways).
``(ii) 69-8020-0-7-401 (Highway Traffic Safety Grants).
``(iii) 69-8048-0-7-401 (National Motor Carrier Safety
Program).
``(iv) 69-8016-0-7-401 (Operations and Research NHTSA).
``(C) The term `mass transit category' refers to the
following budget accounts or portions thereof that are
subject to the obligation limitations on contract authority
provided in the Transportation Equity Act for the 21st
Century and for which appropriations are provided pursuant to
authorizations contained in that Act (except that
appropriations provided pursuant to section 5338(h) of title
49, United States Code, as amended by this section, shall not
be included in this category):
``(i) 69-8191-0-7-401 (Mass Transit Capital Fund).
``(ii) 69-8350-0-7-401 (Trust Fund Share of Expenses).
``(iii) 69-1129-0-1-401 (Formula Grants).
``(iv) 69-1120-0-1-401 (Administrative expenses).
``(v) 69-1136-0-1-401 (University Transportation Centers).
``(vi) 69-1137-0-1-401 (Transit Planning and Research).
``(D) Special rule.--(i) Any outlays in excess of the
discretionary spending limit set forth in section 251(c) for
the highway or mass transit category, as adjusted, for the
budget year shall be considered nondefense category outlays
or discretionary category outlays.
``(ii) If the obligation limitations for accounts in the
highway or mass transit category provided in an appropriation
Act for a fiscal year exceed the obligation limitations set
forth in section 8103 of the Transportation Equity Act for
the 21st Century for that year, as adjusted, the estimated
outlays flowing for each outyear from such excess obligations
calculated pursuant to clause (iii) shall be attributed to
the discretionary category in that outyear.
``(iii) For purposes of clause (ii), outlays from excess
obligations shall be determined using the average of the
spendout rates for that category in the baseline.''.
(d) Adjustment to Highway and Mass Transit Categories.--
Section 251(b)(1) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by--
(1) striking ``When'' and inserting:
``(A) Concepts and definitions.--When''; and
(2) adding at the end the following:
``(B) Adjustment to align highway spending with revenues.--
(i) When the President submits the budget under section 1105
of title 31, United States Code, OMB shall calculate and the
budget shall include adjustments to the highway category for
the budget year and each outyear as provided in clause
(ii)(I)(cc).
``(ii)(I)(aa) OMB shall take the actual level of highway
receipts for the year before the current year and subtract
the sum of the estimated level of highway receipts in
subclause (II) plus any amount previously calculated under
item (bb) for that year.
``(bb) OMB shall take the current estimate of highway
receipts for the budget year and subtract the estimated level
of receipts for that year.
``(cc) OMB shall take the sum of the amounts calculated
under items (aa) and (bb), add that sum to the amount of
obligations set forth in section 8103 of the Transportation
Equity Act for the 21st Century for the highway category
[[Page H3893]]
for the budget year, and calculate the outlay change
resulting from that change in obligations relative to that
amount for the budget year and each outyear using current
estimates. After making the calculation under the
preceding sentence, OMB shall adjust the amount of
obligations set forth in that section for the budget year
by adding the sum of the amounts calculated under items
(aa) and (bb).
``(II) The estimated level of highway receipts for the
purposes of this clause are--
``(aa) for fiscal year 1998, $22,164,000,000;
``(bb) for fiscal year 1999, $32,619,000,000;
``(cc) for fiscal year 2000, $28,066,000,000;
``(dd) for fiscal year 2001, $28,506,000,000;
``(ee) for fiscal year 2002, $28,972,000,000; and
``(ff) for fiscal year 2003, $29,471,000,000.
``(III) In this clause, the term `highway receipts' means
the governmental receipts credited to the highway account of
the Highway Trust Fund.
``(C)(i) In addition to the adjustment required by
subparagraph (B), when the President submits the budget under
section 1105 of title 31, United States Code, for fiscal
years 2000, 2001, 2002, or 2003, OMB shall calculate and the
budget shall include for the budget year and each outyear an
adjustment to the limits on outlays for the highway category
and the mass transit category equal to--
``(I) the outlays for the applicable category calculated
assuming obligation levels consistent with the estimates
prepared pursuant to subparagraph (D), as adjusted, using
current technical assumptions; minus
``(II) the outlays for the applicable category set forth in
the subparagraph (D) estimates, as adjusted.
``(ii) The adjustment made pursuant to clause (i) in the
fiscal years 2002 and 2003 budget submissions of the
President under section 1105(a) of title 31, United States
Code, shall not exceed 4 percent plus cumulative carryovers.
In this clause, the term `cumulative carryovers' means the
total of each amount by which outlays for the highway and
mass transit category for any fiscal year are less than the
outlay limit for that category, as adjusted, for that year
less any amount of carryover used in the previous year.
``(D)(i) When OMB and CBO submit their final sequester
report for fiscal year 1999, that report shall include an
estimate of the outlays for each of the categories that would
result in fiscal years 2000 through 2003 from obligations at
the levels specified in section 8103 of the Transportation
Equity Act for the 21st Century using current assumptions.
``(ii) When the President submits the budget under section
1105 of title 31, United States Code, for fiscal years 2000,
2001, 2002, or 2003, OMB shall adjust the estimates made in
clause (i) by the adjustments by subparagraphs (B) and (C).
``(E) OMB shall consult with the Committees on the Budget
and include a report on adjustments under subparagraphs (B)
and (C) in the preview report.''.
(e) Enforcement of Guarantee.--Rule XXI of the Rules of the
House of Representatives is amended by adding at the end the
following new clause:
``9. It shall not be in order to consider any bill or joint
resolution, or any amendment thereto or conference report
thereon, that would cause obligation limitations to be below
the level for any fiscal year set forth in section 8103 of
the Transportation Equity Act for the 21st Century, as
adjusted, for the highway category or the mass transit
category, as applicable.''.
SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT.
Upon the enactment of this Act, the Director of the Office
of Management and Budget shall not make any estimates under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 of changes in direct spending outlays and
receipts for any fiscal year resulting from this title.
SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the level of obligation limitations for the highway
category is--
(1) for fiscal year 1999, $25,883,000,000;
(2) for fiscal year 2000, $26,629,000,000;
(3) for fiscal year 2001, $27,158,000,000;
(4) for fiscal year 2002, $27,767,000,000; and
(5) for fiscal year 2003, $28,233,000,000.
(b) Mass Transit Category.--For the purposes of section
251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985, the level of obligation limitations for the mass
transit category is--
(1) for fiscal year 1999, $5,365,000,000;
(2) for fiscal year 2000, $5,797,000,000;
(3) for fiscal year 2001, $6,271,000,000;
(4) for fiscal year 2002, $6,747,000,000; and
(5) for fiscal year 2003, $7,226,000,000.
For purposes of this subsection, the term ``obligation
limitations'' means the sum of budget authority and
obligation limitations.
Subtitle B--Veterans' Benefits
SEC. 8201. SHORT TITLE.
This subtitle may be cited as the ``Veterans Benefits Act
of 1998''.
SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION
FOR DISABILITIES RELATING TO USE OF TOBACCO
PRODUCTS.
(a) Wartime Disability Compensation.--Section 1110 of title
38, United States Code, is amended by striking out ``or abuse
of alcohol or drugs'' and inserting in lieu thereof ``, abuse
of alcohol or drugs, or use of tobacco products''.
(b) Peacetime Disability Compensation.--Section 1131 of
such title is amended by striking out ``or abuse of alcohol
or drugs'' and inserting in lieu thereof ``, abuse of alcohol
or drugs, or use of tobacco products''.
(c) Applicability.--(1) Except as provided in paragraph
(2), the amendments made by this section shall apply to any
claims for compensation received by the Secretary of Veterans
Affairs before, on, or after the date of enactment of this
Act.
(2) The amendments made by this section shall not apply in
the case of any such claims adjudicated by the Secretary
before such date of enactment for which a service-connection
was established for a disability on the basis of the use of
tobacco products.
SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC
EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL.
(a) Active Duty Educational Assistance.--
(1) Increase in rates.--Section 3015 of title 38, United
States Code, is amended--
(A) in subsection (a)(1), by striking out ``$400'' and
inserting in lieu thereof ``$528 (as increased from time to
time under subsection (g))''; and
(B) in subsection (b)(1), by striking out ``$325'' and
inserting in lieu thereof ``$429 (as increased from time to
time under subsection (g))''.
(2) CPI adjustment.--Subsection (g) of such section is
amended by striking out ``beginning on or after October 1,
1994'' and all that follows through ``such rates'' and
inserting in lieu thereof ``, the Secretary shall provide a
percentage increase (rounded to the nearest dollar) in the
rates payable under subsections (a)(1) and (b)(1)''.
(3) Technical amendments.--Such section is further
amended--
(A) in subsection (a), by striking out ``subsections (b),
(c), (d), (e), (f), and (g) of'' in the matter preceding
paragraph (1); and
(B) in subsection (b)--
(i) by striking out ``Except as provided in subsections
(c), (d), (e), (f), and (g), in'' and inserting in lieu
thereof ``In''; and
(ii) by inserting ``(except as provided in the succeeding
subsections of this section)'' after ``under this chapter
shall''.
(4) Effective dates.--The amendments made by this
subsection shall take effect on October 1, 1998, and shall
apply with respect to educational assistance allowances paid
for months after September 1998. However, no adjustment in
rates of educational assistance shall be made under
subsection (g) of section 3015 of title 38, United States
Code, as amended by paragraph (2), for fiscal year 1999.
(b) Selected Reserve Educational Assistance.--
(1) Increase in rates.--Paragraph (1) of section 16131(b)
of title 10, United States Code, is amended--
(A) in subparagraph (A), by striking out ``$190'' and
inserting in lieu thereof ``$251 (as increased from time to
time under paragraph (2))'';
(B) in subparagraph (B), by striking out ``$143'' and
inserting in lieu thereof ``$188 (as increased from time to
time under paragraph (2))''; and
(C) in subparagraph (C), by striking out ``$95'' and
inserting in lieu thereof ``$125 (as increased from time to
time under paragraph (2))''.
(2) CPI adjustment.--Paragraph (2) of such section is
amended by striking out ``beginning on or after October 1,
1994'' and all that follows through ``such rates'' and
inserting in lieu thereof ``, the Secretary shall provide a
percentage increase (rounded to the nearest dollar) in the
rates payable under subparagraphs (A), (B), and (C) of
paragraph (1)''.
(3) Technical amendment.--Paragraph (1) of such section is
further amended by striking out ``in paragraph (2) and''.
(4) Effective date.--The amendments made by this subsection
shall take effect on October 1, 1998, and shall apply with
respect to educational assistance allowances paid for months
after September 1998. However, no adjustment in rates of
educational assistance shall be made under paragraph (2) of
section 16131(b) of title 10, United States Code, as amended
by paragraph (2), for fiscal year 1999.
SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY
ADAPTED HOUSING.
(a) In General.--Section 2102 of title 38, United States
Code, is amended--
(1) in the matter preceding paragraph (1) of subsection
(a), by striking out ``$38,000'' and inserting in lieu
thereof ``$43,000''; and
(2) in subsection (b)(2), by striking out ``$6,500'' and
inserting in lieu thereof ``$8,250''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to limitations under section 2102 of
such title on assistance furnished to a veteran under section
2101 of such title on or after October 1, 1998.
SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE
AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED
VETERANS.
(a) In General.--Section 3902(a) of title 38, United States
Code, is amended by striking out ``$5,500'' and inserting in
lieu thereof ``$8,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to assistance furnished under
section 3902 of such title on or after October 1, 1998.
SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS
ELIGIBLE FOR PENSION.
Effective October 1, 1998, the maximum annual rates of
pension in effect as of September 30, 1998, under the
following provisions of chapter 15 of title 38, United States
Code, are increased by $600:
(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of
section 1521.
(2) Section 1536(d)(2).
SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES
FOR REINSTATEMENT OF DEPENDENCY AND INDEMNITY
COMPENSATION UPON TERMINATION OF THAT
REMARRIAGE.
(a) Restoration of Prior Eligibility.--Section 1311 of
title 38, United States Code, is amended by adding at the end
the following new subsection:
[[Continued on page H3894]]
[Congressional Record: May 22, 1998 (House)]
[Page H3894-H3936]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22my98-161]
[[pp. H3894-H3936]] CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY
ACT FOR THE 21ST CENTURY
[[Continued from page H3893]]
[[Page H3894]]
``(e)(1) The remarriage of the surviving spouse of a
veteran shall not bar the furnishing of dependency and
indemnity compensation to such person as the surviving spouse
of the veteran if the remarriage is terminated by death,
divorce, or annulment unless the Secretary determines that
the divorce or annulment was secured through fraud or
collusion.
``(2) If the surviving spouse of a veteran ceases living
with another person and holding himself or herself out openly
to the public as that person's spouse, the bar to granting
that person dependency and indemnity compensation as the
surviving spouse of the veteran shall not apply.
``(3) The first month of eligibility for payment of
dependency and indemnity compensation to a surviving spouse
by reason of this subsection shall be the later of the month
after--
``(A) the month of the termination of such remarriage, in
the case of a surviving spouse described in paragraph (1); or
``(B) the month of the cessation described in paragraph
(2), in the case of a surviving spouse described in that
paragraph.''.
(b) Effective Date.--No payment may be made by reason of
section 1311(e) of title 38, United States Code, as added by
subsection (a), for any month before October 1998.
SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR
DEPARTMENT OF DEFENSE SPECIAL SEPARATION
BENEFIT PROGRAM.
The amendment made by section 653 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2583) to subsection (h)(2) of section 1174 of title
10, United States Code, shall apply to any payment of
separation pay under the special separation benefits program
under section 1174a of that title that was made during the
period beginning on December 5, 1991, and ending on September
30, 1996.
SEC. 8209. SENSE OF CONGRESS CONCERNING RECOVERY FROM TOBACCO
COMPANIES OF COSTS OF TREATMENT OF VETERANS FOR
TOBACCO-RELATED ILLNESSES.
It is the sense of the Congress--
(1) that the Attorney General or the Secretary of Veterans
Affairs, as appropriate, should take all steps necessary to
recover from tobacco companies amounts corresponding to the
costs which would be incurred by the Department of Veterans
Affairs for treatment of tobacco-related illnesses of
veterans, if such treatment were authorized by law; and
(2) that the Congress should authorize by law the treatment
of tobacco-related illnesses of veterans upon the recovery of
such amounts.
Subtitle C--Temporary Student Loan Provision.
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.
(a) FFEL Interest Rates.--
(1) Amendment.--Section 427A of the Higher Education Act of
1965 (20 U.S.C. 1077a) is amended--
(A) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(B) by inserting after subsection (i) the following new
subsection:
``(j) Interest Rates for New Loans Between July 1, 1998 and
October 1, 1998.--
``(1) In general.--Notwithstanding subsection (h), but
subject to paragraph (2), with respect to any loan made,
insured, or guaranteed under this part (other than a loan
made pursuant to section 428B or 428C) for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall,
during any 12-month period beginning on July 1 and ending on
June 30, be determined on the preceding June 1 and be equal
to--
``(A) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) In school and grace period Rules.--Notwithstanding
subsection (h), with respect to any loan under this part
(other than a loan made pursuant to section 428B or 428C) for
which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest for interest which accrues--
``(A) prior to the beginning of the repayment period of the
loan; or
``(B) during the period in which principal need not be paid
(whether or not such principal is in fact paid) by reason of
a provision described in section 428(b)(1)(M) or
427(a)(2)(C),
shall be determined under paragraph (1) by substituting `1.7
percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall,
during any 12-month period beginning on July 1 and ending on
June 30, be determined on the preceding June 1 and be equal
to the lesser of--
``(A)(i) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(ii) 3.1 percent; or
``(B) 9.0 percent.
``(4) Consultation.--The Secretary shall determine the
applicable rate of interest under this subsection after
consultation with the Secretary of the Treasury and shall
publish such rate in the Federal Register as soon as
practicable after the date of determination.''.
(2) Conforming amendment.--Section 428B(d)(4) (20 U.S.C.
1078-2(d)(4)) is amended by striking ``section 427A(c)'' and
inserting ``section 427A for loans made under this section''.
(b) Special Allowances.--
(1) Amendment.--Section 438(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by adding at
the end the following new subparagraph:
``(G) Loans disbursed between july 1, 1998, and october 1,
1998.--
``(i) In general.--Subject to paragraph (4) and clauses
(ii), (iii), and (iv) of this subparagraph, and except as
provided in subparagraph (B), the special allowance paid
pursuant to this subsection on loans for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, shall be computed--
``(I) by determining the average of the bond equivalent
rates of 91-day Treasury bills auctioned for such 3-month
period;
``(II) by subtracting the applicable interest rates on such
loans from such average bond equivalent rate;
``(III) by adding 2.8 percent to the resultant percent; and
``(IV) by dividing the resultant percent by 4.
``(ii) In school and grace period.--In the case of any loan
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, and for which the
applicable rate of interest is described in section
427A(j)(2), clause (i)(III) of this subparagraph shall be
applied by substituting `2.2 percent' for `2.8 percent'.
``(iii) PLUS loans.--In the case of any loan for which the
first disbursement is made on or after July 1, 1998, and
before October 1, 1998, and for which the applicable rate of
interest is described in section 427A(j)(3), clause (i)(III)
of this subparagraph shall be applied by substituting `3.1
percent' for `2.8 percent', subject to clause (v) of this
subparagraph.
``(iv) Consolidation loans.--This subparagraph shall not
apply in the case of any consolidation loan.
``(v) Limitation on special allowances for PLUS loans.--In
the case of PLUS loans made under section 428B and disbursed
on or after July 1, 1998, and before October 1, 1998, for
which the interest rate is determined under 427A(j)(3), a
special allowance shall not be paid for such loan for such
unless the rate determined under subparagraph (A) of such
section (without regard to subparagraph (B) of such section)
exceeds 9.0 percent.''.
(2) Conforming amendments.--Section 438(b)(2) of such Act
is further amended--
(A) in subparagraph (A), by striking ``(E), and (F)'' and
inserting ``(E), (F), and (G)'';
(B) in subparagraph (B)(iv), by striking ``(E), or (F)''
and inserting ``(E), (F), or (G)''; and
(C) in subparagraph (C)(ii), by striking ``In the case''
and inserting ``Subject to subparagraph (G), in the case''.
(c) Direct Loan Interest Rates.--Section 455(b) (20 U.S.C.
1087e(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Temporary interest rate provision.--
``(A) Rates for fdsl and fdusl.--Notwithstanding the
preceding paragraphs of this subsection, for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford Loans
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest shall, during any 12-month period beginning on July
1 and ending on June 30, be determined on the preceding June
1 and be equal to--
``(i) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(B) In school and grace period rules.--Notwithstanding
the preceding paragraphs of this subsection, with respect to
any Federal Direct Stafford Loan or Federal Direct
Unsubsidized Stafford Loan for which the first disbursement
is made on or after July 1, 1998, and before October 1, 1998,
the applicable rate of interest for interest which accrues--
``(i) prior to the beginning of the repayment period of the
loan; or
``(ii) during the period in which principal need not be
paid (whether or not such principal is in fact paid) by
reason of a provision described in section 428(b)(1)(M) or
427(a)(2)(C),
shall be determined under subparagraph (A) by substituting
`1.7 percent' for `2.3 percent'.
``(C) PLUS loans.--Notwithstanding the preceding paragraphs
of this subsection, with respect to Federal Direct PLUS Loan
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest shall be determined under subparagraph (A)--
``(i) by substituting `3.1 percent' for `2.3 percent'; and
``(ii) by substituting `9.0 percent' for `8.25 percent'.''.
Subtitle D--Block Grants for Social Services
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.
(a) Reduction of Grants.--Section 2003(c) of the Social
Security Act (42 U.S.C. 1397b(c)) is amended by striking
paragraphs (7) and (8) and inserting the following:
``(7) $2,380,000,000 for the fiscal year 1997;
``(8) $2,380,000,000 for the fiscal year 1998;
``(9) $2,380,000,000 for the fiscal year 1999;
``(10) $2,380,000,000 for the fiscal year 2000; and
``(11) $1,700,000,000 for the fiscal year 2001 and each
fiscal year thereafter.''.
(b) Limitation on Amount of TANF Funds Transferable.--
Section 404(d)(2) of the Social Security Act (42 U.S.C.
604(d)(2)) is amended to read as follows:
``(2) Limitation on amount transferable to title xx
programs.--
``(A) In general.--A State may use not more than the
applicable percent of the amount of any grant made to the
State under section 403(a) for a fiscal year to carry out
State programs pursuant to title XX.
[[Page H3895]]
``(B) Applicable percent.--For purposes of subparagraph
(A), the applicable percent is 4.25 percent in the case of
fiscal year 2001 and each succeeding fiscal year.''.
(c) Effective Date.--The amendments made by this section
take effect on October 1, 1998.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
SEC. 901. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This title may be cited as the ``Surface
Transportation Revenue Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 902. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions are each amended
by striking ``1999'' each place it appears and inserting
``2005'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax
on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax on
special motor fuels), as amended by section 907(a)(1) of the
Taxpayer Relief Act of 1997.
(C) Section 4041(m)(1)(A) (relating to certain alcohol
fuels), as amended by section 907(b) of the Taxpayer Relief
Act of 1997.
(D) Section 4051(c) (relating to termination of tax on
heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax on
tires).
(F) Section 4081(d)(1) (relating to termination of tax on
gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in effect).
(H) Section 4482(c)(4) (relating to taxable period).
(I) Section 4482(d) (relating to special rule for taxable
period in which termination date occurs).
(2) Other provisions.--
(A) Floor stocks refunds.--Section 6412(a)(1) (relating to
floor stocks refunds) is amended--
(i) by striking ``1999'' each place it appears and
inserting ``2005'', and
(ii) by striking ``2000'' each place it appears and
inserting ``2006''.
(B) Installment payments of highway use tax.--Section
6156(e)(2) (relating to installment payments of highway use
tax on use of highway motor vehicles) is amended by striking
``1999'' and inserting ``2005''.
(b) Extension of Certain Exemptions.--The following
provisions are each amended by striking ``1999'' and
inserting ``2005'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From,
Trust Fund.--
(1) In general.--Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 (relating to the Highway
Trust Fund) are each amended--
(A) by striking ``1999'' each place it appears and
inserting ``2005'', and
(B) by striking ``2000'' each place it appears and
inserting ``2006''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section
9503(c) are each amended by striking ``1998'' and inserting
``2005''.
(B) Conforming amendments to land and water conservation
fund.--Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-11(b)) is amended--
(i) by striking ``1997'' and inserting ``2003'', and
(ii) by striking ``1998'' each place it appears and
inserting ``2004''.
(3) Conforming amendment.--The heading for paragraph (3) of
section 9503(c) is amended to read as follows:
``(3) Floor stocks refunds.--''.
(d) Extension and Expansion of Expenditures From Trust
Fund.--
(1) Highway account.--
(A) Extension of expenditure authority.--Paragraph (1) of
section 9503(c) is amended by striking ``1998'' and inserting
``2003''.
(B) Expansion of purposes.--Paragraph (1) of section
9503(c) is amended--
(i) by striking ``or'' at the end of subparagraph (C), and
(ii) by striking ``1991.'' in subparagraph (D) and all that
follows through the end of paragraph (1) and inserting
``1991, or
``(E) authorized to be paid out of the Highway Trust Fund
under the Transportation Equity Act for the 21st Century.
In determining the authorizations under the Acts referred to
in the preceding subparagraphs, such Acts shall be applied as
in effect on the date of enactment of the Transportation
Equity Act for the 21st Century.''.
(2) Mass transit account.--
(A) Extension of expenditure authority.--Paragraph (3) of
section 9503(e) is amended by striking ``1998'' and inserting
``2003''.
(B) Expansion of purposes.--Paragraph (3) of section
9503(e) is amended--
(i) by striking ``or'' at the end of subparagraph (A),
(ii) by adding ``or'' at the end of subparagraph (B), and
(iii) by striking all that follows subparagraph (B) and
inserting:
``(C) the Transportation Equity Act for the 21st Century,
as such section and Acts are in effect on the date of
enactment of the Transportation Equity Act for the 21st
Century.''.
(e) Technical Correction Relating to Transfers to Mass
Transit Account.--
(1) In general.--Section 9503(e)(2) is amended by striking
the last sentence and inserting the following: ``For purposes
of the preceding sentence, the term `mass transit portion'
means, for any fuel with respect to which tax was imposed
under section 4041 or 4081 and otherwise deposited into the
Highway Trust Fund, the amount determined at the rate of--
``(A) except as otherwise provided in this sentence, 2.86
cents per gallon,
``(B) 1.43 cents per gallon in the case of any partially
exempt methanol or ethanol fuel (as defined in section
4041(m)) none of the alcohol in which consists of ethanol,
``(C) 1.86 cents per gallon in the case of liquefied
natural gas,
``(D) 2.13 cents per gallon in the case of liquefied
petroleum gas, and
``(E) 9.71 cents per MCF (determined at standard
temperature and pressure) in the case of compressed natural
gas.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendment made by
section 901(b) of the Taxpayer Relief Act of 1997.
(f) Clerical Amendments.--
(1) Paragraph (1) of section 9503(b) is amended by striking
subparagraph (C), by striking ``and tread rubber'' in
subparagraph (D), and by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (C), (D), and (E),
respectively.
(2) Clause (i) of section 9503(c)(2)(A) is amended by
adding ``and'' at the end of subclause (II), by striking
subclause (III), and by redesignating subclause (IV) as
subclause (III).
(3) Clause (ii) of section 9503(c)(2)(A) is amended by
striking ``gasoline, special fuels, and lubricating oil''
each place it appears and inserting ``fuel''.
SEC. 903. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR
ALCOHOL FUELS.
(a) Extension of Tax Benefits.--
(1) Extension.--The following provisions are each amended
by striking ``2000'' each place it appears and inserting
``2007'':
(A) Section 4041(b)(2)(C) (relating to termination of
reduction in tax for qualified methanol and ethanol fuel).
(B) Section 4041(k)(3) (relating to termination of rates
relating to fuels containing alcohol).
(C) Section 4081(c)(8) (relating to termination of special
rate for taxable fuels mixed with alcohol).
(D) Section 4091(c)(5) (relating to termination of reduced
rate of tax for aviation fuel in alcohol mixture, etc.).
(2) Extension of refund authority.--Paragraph (4) of
section 6427(f) (relating to refund for gasoline, diesel
fuel, and aviation fuel used to produce certain alcohol
fuels), as amended by the Taxpayer Relief Act of 1997, is
amended by striking ``1999'' and inserting ``2007''.
(3) Credit for alcohol used as a fuel.--Paragraph (1) of
section 40(e) (relating to termination of credit for alcohol
used as a fuel) is amended--
(A) by striking ``December 31, 2000'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2001'' and inserting ``January
1, 2008''.
(4) Tariff schedule.--Headings 9901.00.50 and 9901.00.52 of
the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007) are each amended in the effective period column
by striking ``10/1/2000'' each place it appears and inserting
``10/1/2007''.
(b) Modification.--
(1) In general.--Subsection (h) of section 40 (relating to
alcohol used as fuel) is amended to read as follows:
``(h) Reduced Credit for Ethanol Blenders.--
``(1) In general.--In the case of any alcohol mixture
credit or alcohol credit with respect to any sale or use of
alcohol which is ethanol during calendar years 2001 through
2007--
``(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied
by substituting `the blender amount' for `60 cents',
``(B) subsection (b)(3) shall be applied by substituting
`the low-proof blender amount' for `45 cents' and `the
blender amount' for `60 cents', and
``(C) subparagraphs (A) and (B) of subsection (d)(3) shall
be applied by substituting `the blender amount' for `60
cents' and `the low-proof blender amount' for `45 cents'.
``(2) Amounts.--For purposes of paragraph (1), the blender
amount and the low-proof blender amount shall be determined
in accordance with the following table:
In the case of any sale or use The blender amount The low-proof
during calendar year: is: blender amount is:
2001 or 2002.................... 53 cents.......... 39.26 cents
2003 or 2004.................... 52 cents.......... 38.52 cents
2005, 2006, or 2007............. 51 cents.......... 37.78 cents.''.
(2) Conforming amendments.--
(A) Section 4041(b)(2) is amended--
(i) in subparagraph (A)(i), by striking ``5.4 cents'' and
inserting ``the applicable blender rate'', and
(ii) by redesignating subparagraph (C), as amended by
subsection (a)(1)(A), as subparagraph (D) and by inserting
after subparagraph (B) the following:
``(C) Applicable blender rate.--For purposes of
subparagraph (A)(i), the applicable blender rate is--
``(i) except as provided in clause (ii), 5.4 cents, and
``(ii) for sales or uses during calendar years 2001 through
2007, \1/10\ of the blender amount applicable under section
40(h)(2) for the calendar year in which the sale or use
occurs.''.
(B) Subparagraph (A) of section 4081(c)(4) is amended to
read as follows:
[[Page H3896]]
``(A) General rules.--
``(i) Mixtures containing ethanol.--Except as provided in
clause (ii), in the case of a qualified alcohol mixture which
contains gasoline, the alcohol mixture rate is the excess of
the rate which would (but for this paragraph) be determined
under subsection (a) over--
``(I) in the case of 10 percent gasohol, the applicable
blender rate (as defined in section 4041(b)(2)(C)) per
gallon,
``(II) in the case of 7.7 percent gasohol, the number of
cents per gallon equal to 77 percent of such applicable
blender rate, and
``(III) in the case of 5.7 percent gasohol, the number of
cents per gallon equal to 57 percent of such applicable
blender rate.
``(ii) Mixtures not containing ethanol.--In the case of a
qualified alcohol mixture which contains gasoline and none of
the alcohol in which consists of ethanol, the alcohol mixture
rate is the excess of the rate which would (but for this
paragraph) be determined under subsection (a) over--
``(I) in the case of 10 percent gasohol, 6 cents per
gallon,
``(II) in the case of 7.7 percent gasohol, 4.62 cents per
gallon, and
``(III) in the case of 5.7 percent gasohol, 3.42 cents per
gallon.''.
(C) Section 4081(c)(5) is amended by striking ``5.4 cents''
and inserting ``the applicable blender rate (as defined in
section 4041(b)(2)(C))''.
(D) Section 4091(c)(1) is amended by striking ``13.4
cents'' each place it appears and inserting ``the applicable
blender amount'' and by adding at the end the following:
``For purposes of this paragraph, the term `applicable
blender amount' means 13.3 cents in the case of any sale or
use during 2001 or 2002, 13.2 cents in the case of any sale
or use during 2003 or 2004, 13.1 cents in the case of any
sale or use during 2005, 2006, or 2007, and 13.4 cents in the
case of any sale or use during 2008 or thereafter.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2001.
SEC. 904. MODIFICATIONS TO HIGHWAY TRUST FUND.
(a) Determination of Trust Fund Balances After September
30, 1998.--
(1) In general.--Section 9503 (relating to Highway Trust
Fund) is amended by adding at the end the following new
subsection:
``(f) Determination of Trust Fund Balances After September
30, 1998.--For purposes of determining the balances of the
Highway Trust Fund and the Mass Transit Account after
September 30, 1998--
``(1) the opening balance of the Highway Trust Fund (other
than the Mass Transit Account) on October 1, 1998, shall be
$8,000,000,000, and
``(2) no interest accruing after September 30, 1998, on any
obligation held by such Fund shall be credited to such Fund.
The Secretary shall cancel obligations held by the Highway
Trust Fund to reflect the reduction in the balance under this
subsection.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1998.
(b) Repeal of Limitation on Expenditures Added by Taxpayer
Relief Act of 1997.--
(1) In general.--Subsection (c) of section 9503 (relating
to expenditures from Highway Trust Fund) is amended by
striking paragraph (7).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 901 of the Taxpayer Relief Act of 1997.
(c) Limitation on Expenditure Authority.--Subsection (b) of
section 9503 (relating to transfers to Highway Trust Fund) is
amended by adding at the end the following new paragraph:
``(6) Limitation on transfers to highway trust fund.--
``(A) In general.--Except as provided in subparagraph (B),
no amount may be appropriated to the Highway Trust Fund on
and after the date of any expenditure from the Highway Trust
Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall
be made without regard to--
``(i) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(ii) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this paragraph.
``(B) Exception for prior obligations.--Subparagraph (A)
shall not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2003, in accordance with the provisions of this
section.''.
(d) Modification of Mass Transit Account Rules on
Adjustments of Apportionments.--Paragraph (4) of section
9503(e) is amended to read as follows:
``(4) Limitation.--Rules similar to the rules of subsection
(d) shall apply to the Mass Transit Account.''.
SEC. 905. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST
FUND.
(a) Increased Transfers.--
(1) Subparagraph (D) of section 9503(b)(4), as amended by
section 911, is amended by striking ``exceeds 11.5 cents per
gallon,'' and inserting ``exceeds--
``(i) 11.5 cents per gallon with respect to taxes imposed
before October 1, 2001,
``(ii) 13 cents per gallon with respect to taxes imposed
after September 30, 2001, and before October 1, 2003, and
``(iii) 13.5 cents per gallon with respect to taxes imposed
after September 30, 2003, and before October 1, 2005,''.
(2) Clause (ii) of section 9503(c)(4)(A) is amended by
adding at the end the following new flush sentence:
``In making the determination under subclause (II) for any
fiscal year, the Secretary shall not take into account any
amount appropriated from the Boat Safety Account in any
preceding fiscal year but not distributed.''
(b) Expansion of Expenditure Authority From Boat Safety
Account.--Section 9504(b)(2) (relating to expenditures from
Sport Fish Restoration Account) is amended--
(1) in subparagraph (A) by striking ``October 1, 1988),
and'' and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century),'',
(2) in subparagraph (B) by striking ``November 29, 1990''
and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century'', and
(3) by redesignating subparagraph (B) as subparagraph (C)
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) to carry out the purposes of section 7404(d) of the
Transportation Equity Act for the 21st Century (as in effect
on the date of the enactment of such Act), and''.
(c) Extension and Expansion of Expenditure Authority From
Boat Safety Account.--Section 9504(c) (relating to
expenditures from Boat Safety Account) is amended--
(1) by striking ``1998'' and inserting ``2003'', and
(2) by striking ``October 1, 1988'' and inserting ``the
date of enactment of the Transportation Equity Act for the
21st Century''.
(d) Limitation on Expenditure Authority.--Section 9504
(relating to Aquatic Resources Trust Fund) is amended by
redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following:
``(d) Limitation on Transfers to Aquatic Resources Trust
Fund.--
``(1) In general.--Except as provided in paragraph (2), no
amount may be appropriated or paid to any Account in the
Aquatic Resources Trust Fund on and after the date of any
expenditure from any such Account which is not permitted by
this section. The determination of whether an expenditure is
so permitted shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this subsection.
``(2) Exception for prior obligations.--Paragraph (1) shall
not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2003, in accordance with the provisions of this
section.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
SEC. 906. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.
(a) In General.--Section 4041(a)(1)(C)(ii) (relating to
rate of tax on trains) is amended--
(1) in subclause (II), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(2) in subclause (III), by striking ``September 30, 1999''
and inserting ``October 31, 1998''.
(b) Conforming Amendments.--
(1) Section 6421(f)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30, 1999'' and
inserting ``October 31, 1998''.
(2) Section 6427(l)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30, 1999'' and
inserting ``October 31, 1998''.
SEC. 907. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO
NONAMTRAK STATES.
(a) In General.--Section 977(e)(1)(B) of the Taxpayer
Relief Act of 1997 (defining qualified expenses) is amended--
(1) by striking ``and'' at the end of clause (iii), and
(2) by striking clause (iv) and inserting the following:
``(iv) capital expenditures related to State-owned rail
operations in the State,
``(v) any project that is eligible to receive funding under
section 5309, 5310, or 5311 of title 49, United States Code,
``(vi) any project that is eligible to receive funding
under section 103, 130, 133, 144, 149, or 152 of title 23,
United States Code,
``(vii) the upgrading and maintenance of intercity primary
and rural air service facilities, and the purchase of
intercity air service between primary and rural airports and
regional hubs,
``(viii) the provision of passenger ferryboat service
within the State,
``(ix) the provision of harbor improvements within the
State, and
``(x) the payment of interest and principal on obligations
incurred for such acquisition, upgrading, maintenance,
purchase, expenditures, provision, and projects.''
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
977 of the Taxpayer Relief Act of 1997.
SEC. 908. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR
APPROVED DIESEL OR KEROSENE TERMINALS.
Subsection (f) of section 1032 of the Taxpayer Relief Act
of 1997 is amended to read as follows:
``(f) Effective Dates.--
``(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect on July 1, 1998.
``(2) The amendment made by subsection (d) shall take
effect on July 1, 2000.''.
SEC. 909. SIMPLIFIED FUEL TAX REFUND PROCEDURES.
(a) In General.--Subparagraph (A) of section 6427(i)(2) is
amended to read as follows:
[[Page H3897]]
``(A) In general.--If, at the close of any quarter of the
taxable year of any person, at least $750 is payable in the
aggregate under subsections (a), (b), (d), (h), (l), and (q)
of this section and section 6421 to such person with respect
to fuel used during--
``(i) such quarter, or
``(ii) any prior quarter (for which no other claim has been
filed) during such taxable year,
a claim may be filed under this section with respect to such
fuel.''.
(b) Conforming Amendments.--
(1) Subsection (i) of section 6427 is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(2) Paragraph (2) of section 6427(k) is amended to read as
follows:
``(2) Exception.--Paragraph (1) shall not apply to a
payment of a claim filed under paragraph (2), (3), or (4) of
subsection (i).''.
(3) Paragraph (2) of section 6421(d) is amended to read as
follows:
``(2) Exception.--
``For payments per quarter based on aggregate amounts payable under
this section and section 6427, see section 6427(i)(2).''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1998.
SEC. 910. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN
LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION
FRINGE BENEFITS.
(a) No Constructive Receipt.--
(1) In general.--Paragraph (4) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(4) No constructive receipt.--No amount shall be included
in the gross income of an employee solely because the
employee may choose between any qualified transportation
fringe and compensation which would otherwise be includible
in gross income of such employee.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31,
1997.
(b) Inflation Adjustment Only After 1999.--
(1) In general.--Paragraph (6) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1999, the dollar amounts
contained in subparagraphs (A) and (B) of paragraph (2) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 1998' for
`calendar year 1992'.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $5, such increase shall
be rounded to the next lowest multiple of $5.''.
(2) Conforming amendments.--Section 132(f)(2) is amended--
(A) by striking ``$60'' in subparagraph (A) and inserting
``$65'', and
(B) by striking ``$155'' in subparagraph (B) and inserting
``$175''.
(3) Effective Date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
1998.
(c) Increase in Maximum Exclusion for Employer-Provided
Transit Passes.--
(1) In general.--Subparagraph (A) of section 132(f)(2)
(relating to limitation on exclusion) is amended by striking
``$65'' and inserting ``$100''.
(2) New base period for inflation adjustment.--Subparagraph
(A) of section 132(f)(6) is amended by adding at the end the
following flush sentence:
``In the case of any taxable year beginning in a calendar
year after 2002, clause (ii) shall be applied by substituting
`calendar year 2001' for `calendar year 1998' for purposes of
adjusting the dollar amount contained in paragraph (2)(A).''.
(3) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31,
2001.
SEC. 911. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.
(a) In General.--Section 9511 (relating to National
Recreational Trails Trust Fund) is repealed.
(b) Conforming Amendments.--
(1) Section 9503(c) is amended by striking paragraph (6).
(2) Subparagraph (D) of section 9503(b)(4) is amended to
read as follows:
``(D) in the case of gasoline and special motor fuels used
as described in paragraph (4)(D) or (5)(B) of subsection (c),
section 4041 or 4081 with respect to so much of the rate of
tax as exceeds 11.5 cents per gallon,''.
(3) The table of sections for subchapter A of chapter 98 is
amended by striking the item relating to section 9511.
SEC. 912. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO
LINE ITEM VETO.
For purposes of part C of title X of the Congressional
Budget and Impoundment Control Act of 1974 (relating to line
item veto), the Joint Committee on Taxation has determined
that this title does not contain any limited tax benefit (as
defined in such part).
And the Senate agree to the same.
Pursuant to the order of the House on April 1, 1998, the
Speaker appointed the following conferees for consideration
of the House bill (except title XI) and the Senate amendment
(except title VI), and modifications committed to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on Commerce, for
consideration of provisions in the House bill and Senate
amendment relating to the Congestion Mitigation and Air
Quality Improvement Program; and sections 124, 125, 303, and
502 of the House bill; and sections 1407, 1601, 1602, 2103,
3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment
and modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is appointed in lieu of Mr.
Bilirakis for consideration of sections 1407, 2103, and 3106
of the Senate amendment.
Billy Tauzin,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public Works:
John W. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2400) to authorize
funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference
report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
TITLE I--FEDERAL-AID HIGHWAYS
Short Title, Table of Contents
House bill
The title of the House bill is the ``Building Efficient
Surface Transportation And Equity Act of 1998,'' ``BESTEA.''
Section 1 of the House bill also includes a table of
contents.
Senate amendment
The title of the Senate amendment is the ``Intermodal
Surface Transportation Efficiency Act of 1998,'' of ``ISTEA
II.'' Section 1 of the Senate amendment also includes a table
of contents for the bill.
Conference substitute
The Conference adopts a substitute provision. The title of
the bill is ``Transportation Equity Act for the 21st
Century'' or ``TEA 21.''
[[Page H3898]]
Definitions
House bill
The House bill includes definitions for two terms in the
free-standing provisions. The term ``Interstate System'' has
the meaning given the term by section 101 of title 23 of the
United States Code. The term ``Secretary'' is the Secretary
of Transportation.
Senate amendment
For the purpose of the free-standing provisions, the Senate
amendment defines the term ``Secretary'' as the Secretary of
Transportation.
Conference substitute
The conference adopts the House provision.
Savings Clause
House bill
The House bill provides that amendments made by this Act
shall not affect any apportionment or allocations of any
funds that occurred before the date of enactment of this Act
unless the bill specifically directs that the allocation or
apportionment be modified.
Senate amendment
The Senate amendment contains no provision similar to the
House savings clause.
Conference substitute
The Conference does not include the House provision.
Amendments to Title 23
House bill
Section 101 of the House bill directs that each amendment
in the bill, or repeal of a section or other provision of
law, is an amendment to title 23 of the United States Code
unless the bill states otherwise.
Senate amendment
The Senate amendment contains no provision comparable to
the Hose provision.
Conference substitute
The conference report adopts the House provision.
Short Title for Title I
House bill
The House bill contains no comparable provision.
Senate amendment
The Senate amendment includes a short title for the first
title of the bill covering highway programs. This title may
be cited as the ``Surface Transportation Act of 1998''.
Conference substitute
The conference report does not include the Senate
provision.
Division or Segmentation of Projects
House bill
The House bill authorizes a State carrying out a project
with Federal funds to divide or segment the project provided
that the division or segmentation complies with the
requirements of the National Environmental Policy Act of
1969.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision. This provision
clarifies that by listing high priority projects in
subsection 127(c) of this Act and similar projects in
previous legislation, Congress is establishing the limits of
the projects for purposes of eligibility for associated
Federal-aid highway funding. The listing or identification of
a project is not intended to define the scope of the project
for purposes of complying with all Federal requirements,
including those of the National Environmental Policy Act
(NEPA). As the associated Federal-aid highway funding for
these projects typically is not sufficient to finance the
Federal share of all improvements within the project limits,
Congress recognizes that a State needs the flexibility to
advance logical segments of the overall project. Any segment
of a project must still have to connect logical termini, have
independent utility, and not restrict consideration of
alternatives for other reasonably foreseeable transportation
improvements. This provision does not waive safety or
contracting requirements for the underlying segment.
In the case of the South Lawrence Trafficway in Kansas, the
State may advance the segment between U.S. 59 and Kansas
Route 10 as a non-Federally funded project without triggering
NEPA.
Technical Amendment Metropolitan Planning Set Aside
House bill
Section 104(e) amends the metropolitan planning set aside
provision of section 104(f) of title 23, United States Code
by deleting the references to outdated funding programs and
providing that the set aside shall not be deducted from funds
for the Recreational Trails Program.
Senate amendment
Section 1112(b)(1) makes minor technical amendments to the
metropolitan planning set aside provision in section 104(f)
of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Audits of the Highway Trust Fund
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(e) amends section 104(i) of title 23, United
States Code to authorize the Secretary to use administrative
funds to reimburse the Office of Inspector General of the
Department of Transportation for annual audits of financial
statements in accordance with section 3521 of title 31,
United States Code.
Conference substitute
The Conference adopts the Senate provision.
Notice to the States
House bill
Section 104(d) makes technical corrections to section 104
of title 23, United States Code. It also directs the
Secretary to transmit to Congress within 21 days a written
statement setting forth the reason for not making an
apportionment in a timely manner. This section has been
included in response to the withholding of apportionments in
fiscal year 1997. The apportionments were held up for several
months due to an error in crediting receipts into the Highway
Trust Fund. Ultimately, a correction was made resulting in
the redistribution of nearly $1 billion in federal-aid
highway funds. The withholding was done administratively.
This amendment would require a written explanation of any
withholding in the future.
Senate amendment
Section 1102(f)(1) makes technical corrections to section
104 of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Technical Amendments
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(f)(1) and (2) make technical corrections to
section 104 of title 23, United States Code.
Conference substitute
The Conference adopts the Senate provision.
Repeal of Section 150
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(g)(2) repeals section 150 of title 23, United
States Code. Section 150 provided for the allocation of funds
based on an outdated concept of urban systems.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Obligations in Urban Areas
House bill
Subsection 108(g) extends the current provision in
subsection 133(f) requiring the proportional obligation of
surface transportation program funds made available for urban
areas over the period from 1998 through 2003.
Senate amendment
Section 1104 continues current procedure in subsection
133(f) of title 23, United States Code regarding the sub-
allocation of surface transportation program (``STP'') funds
to urbanized areas. The purpose of this requirement is to
ensure that the obligation rate of the STP funds for
urbanized areas within a State is consistent with the larger
obligation rate for all Federal-aid highway apportionments
within the State. This section amends current law to require
States to comply with obligation rates over two equal three-
year periods, as opposed to the existing requirement of
complying over a single six-year period.
Conference substitute
The Conference adopts the Senate provision.
Emergency Relief
House bill
Section 117(a)(1) makes several technical corrections to
the Federal share payable section under the Emergency Relief
Program.
Senate amendment
Section 1105 restates the eligibility for highway and
bridge projects and the funding requirements for the
emergency relief (``ER'') program. ER funds can be used only
for emergency repairs done to restore essential highway
traffic, to minimize the extent of damage resulting from a
natural disaster or catastrophic failure, or to protect the
remaining facility. The Secretary is also authorized to
borrow amounts necessary from any program under title 23 for
emergency relief work. Any additional funds used shall be
reimbursed with future ER appropriations. The purpose of
allowing the Secretary to borrow funds from title 23 programs
is to provide a ``cushion'' to allow project work to continue
if all ER program funds are used. This section also amends
current law, which limits the availability of ER funds to two
years, to make them available until expended.
Conference substitute
The Conference adopts the Senate provision.
Access to Kennedy Center
House bill
Section 117(e) requires the Secretary, in cooperation with
the District of Columbia,
[[Page H3899]]
the John F. Kennedy Center for the Performing Arts, and the
Department of the Interior, and in consultation with other
interested persons, to conduct a study of methods to
improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts. The bill
authorizes $500,000 to be taken out of the Highway Trust
fund for the study.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Smithsonian Transportation Program
House bill
Section 117(f) provides assistance to the Smithsonian
Institute for transportation-related activities, including
exhibitions and educational outreach programs, the
acquisition of transportation-related artifacts, and
transportation-related research programs. The bill authorizes
$5 million annually for this assistance.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitution
The Conference adopts the House provision with a reduction
in the annual authorization to $1 million.
Recreational Trails
House bill
Section 114 codifies the Recreational Trails Program
authorized in ISTEA as Section 205 of Title 23. The program
distributes to States a portion of gas tax revenues
attributable to non-highway use for trail projects. The
Secretary is required to administer this program for the
purpose of providing and maintaining recreational trails. The
Federal share for the program is 50 percent of cost. Certain
other Federal programs can be used as matching funds.
Eligible costs include educational programs, the development,
construction and rehabilitation of trails, and the
acquisition of easements. The existing ISTEA provision
relating to recreational trails is repealed. The Secretary is
to encourage the use of youth conservation or service corps
in completing appropriate trails projects.
The 30 percent figures under the Assured Access to Funds
requirement and the 40 percent figure under the Diversified
Trail Use requirement are minimum requirements that could be
exceeded. States should not treat their projects as if they
were meeting three mutually exclusive categories. There can
be overlap between the Diversified Trail use requirement and
the Assured Access requirements. There should be diversified
motorized use projects, diversified non-motorized use
projects, and projects that benefit both motorized and non-
motorized use simultaneously.
Senate amendment
Section 1107 continues the existing Recreational Trails
Program. Under this provision, the Recreational Trails
Program is to be funded through contract authority from the
Highway Trust Fund. The annual contract authority is as
follows: $17,000,000 for fiscal year 1998; $20,000,000 for
fiscal year 1999; $22,000,000 for fiscal year 2000;
$23,000,000 for fiscal year 2001; $24,000,000 for fiscal year
2002; and $25,000,000 for fiscal year 2003. The provision of
current law relating to the National Recreational Trails
funding is repealed.
The Federal share payable for projects under the
Recreational Trails Program is increased from 50 percent to
80 percent. In addition to the Department of Transportation,
other Federal agencies may contribute additional funds for a
Recreational Trails project. However, the Department of
Transportation share for any individual project may not
exceed 80 percent; the combined share of all Federal agencies
may not exceed 95 percent. The Federal share for this program
is consistent with the Federal share available for other
Federal-aid projects.
This section retains the current requirement regarding the
States' use of annual apportionments: at least 30 percent of
Federal funds must be used to facilitate non-motorized
recreation; another 30 percent of the funds must be used for
motorized recreational purposes. A State must use the
remaining amount of funds for diverse recreational purposes,
including both motorized and nonmotorized recreational trail
use. Experience with implementing Recreational Trail projects
in the past has shown that project sponsors for nonmotorized
trail projects were significantly disadvantaged in meeting
the higher non-Federal matching requirements.
To the extent practicable and consistent with other
requirements, States are to give consideration to projects
that benefit the natural environment or mitigate and minimize
impacts to the environment.
The amount that the Secretary may deduct to pay the costs
for administration of the program is reduced from three
percent to one percent.
Conference substitute
The Conference substitute adopts the Senate language with
several modifications. The substitute clarifies that a State
may use funds appropriated under this section for
construction of new trails only if the construction is
permissible under some other law or is otherwise required by
a statewide comprehensive outdoor recreational plan in effect
required by the Land and Water Conservation Found Act. It
places a cap on the amount that a state can expend on
educational programs to promote safety and environmental
protection at 5% of annual apportionments.
The substitute provision also modifies existing law to
exclude all small states with a total land area of less than
3,500,000 acres from the requirement to expend annual
apportionments for trails and trails related projects in a
ratio of 40% diverse use, 30% motorized use and 30%
nonmotorized use. The substitute further provides that a
State trail advisory committee may waive the trails diversity
requirement if the State notifies the Secretary that the
State does not have sufficient projects to meet the diversity
requirements.
It adds a new section which allows States to make grants
under section 104(h) to private organizations, municipal,
county, state and Federal governmental entities after
considering guidance from the recreational advisory committee
for uses consistent with this section.
Termination of Recreational Trails Advisory Committee
House bill
Subsection 114(d) terminates the Recreational Trail
Advisory Committee by the end of fiscal year 2000.
Senate amendment
Section 1208(c) terminates the National Recreational Trails
Advisory Committee as soon as is practicable. The Advisory
Committee was established in ISTEA and tasked to (1) review
the allocation and utilization of moneys under the
Recreational Trails program; (2) establish review criteria
for trail-side and trail-head facilities; and (3) recommend
changes in Federal policy to advance the purposes of the
program. The Advisory Committee has completed these tasks and
is no longer necessary. This provision does not affect the
State advisory committees that are responsible for
implementing the Recreational Trails Program.
Conference substitute
The Conference adopts the House provision.
Encouragement of Youth Conservation Corps
House bill
Subsection 114(c) encourages the use of qualified youth
conservation or service corps to construct and maintain
recreational trail projects.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Value Pricing Pilot Program
House bill
Section 119 establishes a variable pricing pilot program.
The Secretary may enter into cooperative agreements with up
to 15 States to conduct and monitor the pilot projects. The
Federal share for a pilot program is 80 percent of the total
cost of the program, although the Federal share for any
portion of a project may be up to 100 percent. The provision
authorizes full Federal participation in the start-up,
development, and pre-implementation costs associated with a
pilot program for up to three years.
Single occupancy vehicles that are part of a pilot program
may operate in high occupancy vehicle (HOV) lanes.
Pilot programs must include an analysis of how the program
affects low income drivers.
Senate amendment
Section 1108 renames the congestion pricing pilot program
as the value pricing pilot program and codifies the program
in title 23, United States Code.
A number of States and local governments have used funds
provided under ISTEA to complete feasibility studies and
implementation of value pricing projects. This section
provides funding and additional flexibility to allow States
to continue to implement these projects. In addition, it
expands the program, increasing the number of pilot programs
eligible for funding from five to 15, and lifting the
restriction that only three projects can be conducted on the
Interstate System. Funds available under this section may be
used for all pre-implementation and design costs to give
States more flexibility to study options for different types
of value pricing projects.
This section also includes an exemption from the HOV
requirement of Section 102(b) of title 23 to permit single
occupancy vehicles to operate in HOV lanes if the vehicles
are part of a value pricing program.
It is expected that each value pricing project will include
a thorough evaluation of the project's effects, including its
impacts on congestion, air quality, transit use, and other
social and economic effects.
Conference substitute
The Conference adopts the Senate provision with two
modifications. First, it prohibits federal funding of pre-
implementation, development and startup costs after three
years as provided in the House bill. Second, it requires each
pilot program to include, where appropriate, an analysis of
the impact of the program on low income drivers.
Highway Use Tax Evasion Projects
House bill
Section 122 amends section 1040 to specify that all funds
provided for this program are
[[Page H3900]]
contract authority. It requires funding provided under this
section to be used to create an automated fuel reporting
system to improve the tracking of motor fuels subject to
Federal and state excuse taxes.
Senate amendment
Section 1109 eliminates two obsolete tax evasion study
requirements in current law. It eliminates the annual report
on motor fuel tax enforcement activities and the report on
the feasibility and desirability of using dye and markers to
aid in motor fuel tax enforcement activities.
This section codifies and expands the successful tax
evasion program in section 1040 of ISTEA. It provides $5
million in contract authority for each of fiscal years 1998
through 2003 to continue joint FHWA-IRS-State motor fuel tax
compliance projects across the Nation, as established in
section 1040 of ISTEA. All costs of tax evasion projects are
to be paid by the Federal Government.
This section also authorizes an additional $8 million for
the Secretary to complete the development of an excise fuel
reporting system, as well as $2 million annually for the
operation and maintenance of the system. This system will
provide essential information regarding data on import and
refinery production of motor fuel to compare with terminal
fuel receipts and fuel deliveries. This new program, along
with the continuing program, is necessary to help ensure that
the successful, coordinated regional and national approach to
combat fuel tax fraud can continue and improve.
The Conference adopts the Senate provision with one
modification. The substitute expressly provides the excise
fuel reporting system with contract authority.
Bicycle Transportation and Pedestrian Walkways
House bill
Section 137 amends section 217 of title 23 to make a number
of clarifying changes and to require that bicyclists and
pedestrians be included in the planning process and to allow
electric bicycles on trails when State or local regulations
permit. The provision clarifies the requirements under
section 109(n) of title 23 related to the impact on non-
motorized transportation of a Federal-aid highway project. It
also requires that bicycle safety be taken into account when
States undertake rail-highway crossing projects under section
130 of the title 23. Such safety devices shall include
installation and maintenance of audible traffic signal and
audible signs.
Senate amendment
Section 1110 builds on ISTEA by expanding the amount of
funds available to be used to encourage bicycling and walking
as alternative modes of transportation. This provision amends
section 217 of title 23, United States Code, to include the
construction of pedestrian walkways as an eligible use of a
State's National Highway System (NHS) apportionments under
the same criteria by which bicycle transportation facilities
currently are eligible. This section eliminates the
restriction on the use of NHS funds for the construction of
bicycle transportation facilities on land adjacent to the
Interstate System and amends current law to allow the safe
accommodation of bicycles on highway bridges located on fully
access-controlled highways, if the bridge is being replaced
or rehabilitated with Federal funds. The Department is
encouraged to work with the States to ensure that bicycling
and pedestrian interests are represented in State and MPO
decisionmaking.
The planning provisions in sections 134 and 135 of title 23
are amended to provide that bicyclists and pedestrians shall
be given consideration in the comprehensive Statewide and
metropolitan planning processes, and that the inclusion of
bicycle and pedestrian facilities shall be considered, where
appropriate and permitted, in conjunction with all new
construction and reconstruction of transportation facilities.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute clarifies that safety devices
such as installation of audible traffic signals and audible
signs shall be considered where appropriate. It also retains
current law section 217(i) which clarifies that eligible
bicycle projects must be principally for transportation,
rather than recreation, purposes.
Highway and Street Design Standards
House bill
Subsection 137(d) requires a study of highway and street
design standards to accommodate bicycles.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference does not include a study requirement.
Design Guidance
House bill
Subsection 137(f) requires the Department of
Transportation, in cooperation with the American Association
of State Highway and Transportation Officials (AASHTO), the
Institute of Transportation Engineers, and other interested
organizations, to issue within one year design guidance to
accommodate bicycle and pedestrian travel.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision with two
modifications. First, the substitute clarifies that the
guidance must include recommendations to amend and update
AASHTO policies relating to highway and street design
standards. Second, it extends the deadline for the issuance
of the guidance to 18 months.
Disadvantaged Business Enterprises
House bill
Subsection 102(b) continues the Disadvantaged Business
Enterprise provisions. It also allows an entity or person
that is prevented under Federal court order from complying
with the DBE provision to continue to be eligible to receive
Federal funds. The Comptroller General is required to conduct
a study of the DBE program within three years of enacted of
this act. Recent court decisions have established new
standards for review of the constitutionality of programs
such as the DBE provisions enacted in prior surface
transportation acts and that the courts are now determining
whether the DBE programs comply with those standards. The
Department of Transportation is reviewing the DBE program in
light of recent court rulings and has proposed new
regulations to ensure that the program withstands
constitutional muster. Section 102(b) of the reported bill
makes no changes to these provisions preferring to let the
courts resolve these issues. However, the Committee will
continue to monitor DOT's administration of this program and
gage the impact of court decisions on these provisions.
This provision is intended to ensure that grant recipients
under this Act will continue to be eligible to continue to
receive federal funds even if a federal court has entered a
final order finding the DBE program to be unconstitutional.
The possibility of legal challenges that may affect a
limited number of States or transit agencies. This provision
is intended to ensure that any affected recipients will not
be unfairly penalized for complying with a final order of a
Federal court finding the DBE program to be unconstitutional.
Senate amendment
Section 1111 continues the provisions in current law
regarding the disadvantaged businesses enterprise (DBE)
program. The DBE program, which originated in the Surface
Transportation Assistance Act of 1982, requires that 10
percent of the funds provided under title I of this Act be
expended with small business concerns owned and controlled
by socially and economically disadvantaged individuals,
except to the extent that the Secretary of Transportation
determines otherwise.
In 1995, the Supreme Court decided Adarand v Pena, which
heightened the standard of judicial review applicable to
Federal affirmative action programs. The case involved a
Caucasian subcontractor who submitted a low bid on a Federal
lands highway construction contract, but lost to a company
that was certified as ``disadvantaged.'' Adarand filed suit,
alleging that he was denied the equal protection guaranteed
by the Fifth amendment. The Court agreed in a 5-4 decision
that Federal race classifications, such as the DBE program,
must be subject to strict scrutiny. In other words, the
program must: (1) serve a compelling government interest, and
(2) be narrowly tailored to address that compelling interest,
which in this case is fighting discrimination.
It is important to note that the Supreme Court did not
strike down the DBE program or any other Federal affirmative
action program. That means that if the program in question
meets the new test outlined by the Court, it is
Constitutional and may continue to exist. In the case of the
DBE program, the Department of Transportation has determined
that the Constitutional concerns can be addressed through
changes in the Department's regulations. To that end, the
Department has proposed a number of regulations intended to
address the ``narrow tailoring'' requirements of ``strict
scrutiny'' by (1) giving priority to race-neutral measures in
meeting program goals, and (2) limiting the potential adverse
effects of the program on other parties.
Conference substitute
The Conference adopts the Senate provision.
Federal Share Payable
House bill
Section 134(c) technically changes to the Federal share on
certain projects from a strict percentage to a limitation.
This will allow for an increased non-Federal share at a
State's option. It does not allow the Secretary to impose a
lower match.
Senate amendment
Section 1112(a) amends section 120 of title 23, United
States Code, to allow a State, if it chooses, to reduce the
Federal share of a Federal-aid highway project. This change
will give States the flexibility to carry out more projects
than would be possible with a straight 20 percent non-Federal
share. Nothing in this section is intended to require a State
to lower the Federal share payable on any project funded
under this title.
Conference substitute
The Conference adopts the Senate provision.
Increased Federal Share for Transit Vehicles
House bill
Subsection 120(a) amends section 120 of title 23 to provide
that the Federal share of
[[Page H3901]]
priority control systems for transit vehicles may be up to
100 percent.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Credit for Non-Federal Share
House bill
Subsection 120(b) allows States to apply toll revenues used
for specified capital improvements to their non-Federal share
requirement for title 23 projects and for chapter 53 of title
49. To receive this credit, a State must maintain its average
non-Federal transportation capital expenditure for the
preceding three fiscal years.
Senate amendment
Section 1112(a)(2) codifies a provision established in
ISTEA which allows States to apply toll revenues used for
specified capital improvements to their non-Federal share
requirement for title 23 projects. To receive this credit, a
State must meet a maintenance of effort test, and therefore,
must maintain its average non-Federal transportation capital
expenditure for the preceding three fiscal years. The
provision allows a State to drop a ``high year'' from the
three year maintenance of effort test, if that year is at
least 30 percent greater than the average for the two other
preceding years.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute language includes the exception
clause for the maintenance of effort test provided for in the
Senate language. In addition, the substitute language
clarifies that payments on transportation-related bonds are
considered a ``transportation expenditure''.
Toll Road Credits
House bill
Subsection 133(e) clarifies that private entity
expenditures for construction of specific toll roads in
Southern California may be credited to the State's non-
Federal share.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute amends section 120 of title 23
and provides that private entity expenditures used to
construct toll roads open to traffic may be used toward the
matching share in all States.
Interstate Reconstruction Pilot Program
House bill
Subsection 120(c) creates an Interstate System
Reconstruction and Rehabilitation Pilot Program. This program
allows up to three facilities to be tolled, provided the toll
revenues are used to improve that facility. Any State wishing
to participate in the pilot program must enter into an
agreement with the Secretary to ensure that no toll revenues
are diverted to another facility or purpose. The provision
specifies eligibility and selection criteria.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The conference adopted the House provision to allow a State
to toll segments of the Interstate system. The provision
allows up to three states to participate provided that
revenues generated from the tolls will be used to
reconstruct, improve or maintain the facility. The conferees
understand that certain segments of the Interstate require
substantial maintenance and rehabilitation funding above
available resources, such as Interstate 80 in Pennsylvania.
Technical Amendment--Federal Share Payable
House bill
Paragraph 104(e)(2) provides a technical conforming
amendment to section 120.
Senate amendment
Paragraph 1112(b)(1) provides a technical amendment to 23
U.S.C. 120 concerning the Federal share payable for title 23
projects to conform subsections 120(a) and (b) to subsection
120(i), which allows the State to determine a lower Federal
share.
Conference substitute
The Conference adopts the House provision.
Technical Amendment--Federal Share Payable
House bill
The House bill contains no comparable provision.
Senate amendment
Paragraph 1112(b)(2) provides a technical amendment to 23
U.S.C. 120 to conform this subsection to 23 U.S.C. 121,
relating to payments made to States for the cost of
construction.
Conference substitute
The Conference adopts the Senate provision.
Study: Highway Economic Requirement
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(a) requires the General Accounting Office
(GAO) to report to Congress on the Department's methodology
for determining highway needs using the Highway Economic
Requirement System (HERS), a computer program developed to
use economic criteria and engineering criteria in estimating
highway investment requirements. The GAO is required to
provide Congress with an assessment of the extent to which
the model is useful in estimating an optimal level of highway
infrastructure investment three years after this Act is
enacted.
Conference substitute
The Conference adopts the Senate provision.
Study: International Roughness Index
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(b) requires the Comptroller General to
submit a report to the Congress on the International
Roughness Index (IRI), an index that is being used to measure
the pavement quality of the Federal-aid highway system. The
IRI is a data input used in the HERS model. Concerns have
been raised as to the reliability of the IRI measurement
across different manufacturers and types of pavements and
this study shall indicate the extent to which the IRI
measurement is reliable.
Conference substitute
The Conference adopts the Senate provision.
Report: Rates of Obligation
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(c) requires the Secretary to report
annually on the rates of obligation of funds apportioned
under Federal-aid highway programs. The report shall include
information regarding funding category or subcategory, type
of improvement, and substrate geographic area.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that the report shall include all
final apportioned programs.
109 Study: Procurement Practices
House bill
Subsection 139(b) requires the GAO to evaluate procurement
practices and project delivery. The study shall access the
impact a utility company's failure to relocate in a timely
manner has on the delivery and cost of Federal-aid highway
and bridge projects.
Senate amendment
Subsection 1113(d) requires the General Accounting Office
(GAO) to conduct a study on Federal-aid highway procurement
practices and project delivery. The study shall access the
impact that a utility company's failure to relocate in a
timely manner has on the delivery and cost of Federal-aid
highway and bridge projects.
Conference substitute
The Conference adopts the House provision.
Definitions
House bill
Section 143 organizes the definitions for title 23
alphabetically.
Senate amendment
Section 1114 provides definitions for the terms ``Federal-
aid highway funds'' and ``Federal-aid highway program.''
These phrases are used throughout title 23, but are not
defined in current law. The addition of these clarifying
definitions is not intended to change the implementation of
any section under current law. The section reorganizes the
Definitions for title 23 alphabetically.
Conference substitute
Unresolved.
Definitions: Enhancements
House bill
Section 143 amends the definition of a transportation
enhancement activity. It specifies that a transportation
enhancement activity must have a direct link to surface
transportation. It also expands the definition to allow the
removal of graffiti and litter among the list of eligible
activities, as well as environmental mitigation to reduce
vehicle-caused wildlife mortality while maintaining habitat
connectivity. In addition, it adds construction of tourist
and welcome centers as an eligible activity.
Senate amendment
Subsection 1223(d) amends subsection 101(a) by providing
that tourist and welcome center facilities associated with
scenic or historic highway programs are eligible for funding
under the enhancement program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute requires that transportation
enhancement activities have a relationship, rather than a
direct link, to surface transportation. It does not include
graffiti and litter removal as eligible activities. It
retains the Senate provision regarding eligibility of tourist
and welcome centers. In order to be eligible under the
enhancement program, the tourist or welcome center (whether a
new facility or existing facility) does not have to be on a
designated scenic or historic byway, but there must be a
clear link to scenic or historical sites. It adds
transportation-related museums as an eligible activity.
[[Page H3902]]
Definitions: Operational Improvement
House bill
Subsection 143 of the House bill provides technical
amendments to, but does not change the definition of
operational improvement from current law.
Senate amendment
This section revises the definition of ``operational
improvement'' in section 101(a) of title 23, United States
Code, to include the installation, operation, or maintenance
of certain Intelligent Transportation Systems infrastructure
projects. The installation, operation or maintenance of
communications systems, roadway weather information and
prediction systems, and other improvements designated by the
Secretary that enhance roadway safety during adverse weather
are also incorporated into the revised definition.
Conference substitute
The Conference adopts the House provision.
Hazard Elimination
House bill
Subsection 143 of the House bill provides technical
amendment to, but does not change this definition from
current law.
Senate amendment
Subparagraph 1404(b)(1)(A) amends the definition of
``highway safety improvement project'' by deleting the
reference to ``highway''.
Conference substitute
The Conference adopts the House provision with a
modification. The reference to ``highway'' is deleted. In
carrying out this provision, States should minimize any
negative impact on safety and access for bicyclists and
pedestrians in accordance with Section 217 of title 23,
U.S.C.
Project Approval and Oversight
House bill
Section 143 amends section 101 of title 23 by providing a
definition for ``project agreement.'' It is defined as the
formal instrument required under the project agreement
provision in title 23.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification. It provides a conforming amendment to recognize
that section 110 regarding project agreements is repealed and
the portion of the provision relating to project agreements
is moved to section 106.
Cooperative Federal Lands Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1115 establishes a new section 207 in chapter 2 of
title 23, United States Code, which provides a funding source
for public roads or bridges owned by States or their
political subdivisions that cross, are adjacent to, or
provide access to, Federal lands and Indian reservations
(including reservoirs owned by the Army Corps of Engineers).
The purpose of this program is to supplement the efforts of
the Federal government in developing and maintaining roads or
bridges that serve federally owned land and Indian
reservations (including reservoirs owned by the Army Corps of
Engineers).
The Cooperative Federal Lands Transportation Program
ensures that funding will be provided for projects in States
where greater than 4.5 percent of the land within the state
borders is held in trust or owned by the Federal government.
Funds are provided directly to these States for projects that
provide access to Federal lands and Indian reservations. This
section provides $74 million in contract authority per year
from the Highway Trust Fund.
Conference substitute
The Conference does not adopt the Senate provision, but
transfers the $74 million in contract authority to the
Federal Lands Highway Program.
Bridge Set Aside for New Jersey
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $20 million each
fiscal year from the I-4R program and allocate it to any
State that: (1) receives less in the bridge apportionment
factors used in the Interstate and National Highway System
program and the Surface Transportation Program compared with
the funds a State received under the bridge program in 1997;
and (2) was apportioned at least $125 million in 1997. These
funds shall be available for highway bridge projects.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through
1997 to other Federal-aid transportation projects are not
eligible for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Missouri
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $15 million each
fiscal year from the I-4R program and allocate it to any
State whose bridges have an average life of at least 46 years
as of the date of enactment of this Act.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through
1997 to other Federal-aid transportation projects are not
eligible for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Arkansas
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to allocate $10 million to States
that meet specific per capita personal income and Federal-aid
Highway apportionment criteria from the I-4R program.
Conference substitute
The Conference does not adopt the Senate provision.
National Highway System Components
House bill
Subsection 106(c) modifies the National Highway System to
include intermodal connectors on the map submitted to
Congress by the Secretary on May 24, 1996.
Senate amendment
Section 1121 establishes the National Highway System (NHS)
as those routes and transportation facilities depicted on
maps submitted by the Secretary with the report ``Pulling
Together: The National Highway System and its Connections to
Major Terminals.''
Conference substitute
The Conference adopts the Senate provision with minor
technical clarifications.
Study: Intermodal Freight Connectors
House bill
Subsection 106(h) directs the Secretary to report to
Congress not later than 24 months after the date of enactment
of this Act on the condition of and the improvements made to
connectors on the National Highway System that serve
intermodal freight transportation facilities.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that the purpose of the report is to
identify impediments to improving intermodal connectors
including impediments related to the planning process,
availability of funding, and other issues identified by the
Secretary.
National Highway System Sign Competition
House bill
Subsection 106(h) directs the Secretary to conduct a
national competition among children under the age of 14 to
design a logo sign for the National Highway System.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Safety Belt Extension, NH
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1124 modifies section 355 of the National Highway
System Designation Act of 1995 to permit New Hampshire to
meet the safety belt use law required under section 153 of
title 49, United States Code, through a performance
requirement. Through the end of fiscal year 2000, New
Hampshire is deemed to have met the safety belt use
requirements of section 153 upon certification by the
Secretary that the State has achieved: (1) a safety belt use
rate in each of fiscal years 1997 through 2000 of not less
than 50 percent; and (2) a safety belt use rate in each
succeeding fiscal year thereafter of not less than the
national average safety belt use rate.
Conference substitute
The Conference adopts the Senate provision with a minor
technical amendment.
Study: Uniformed Police Officers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1126 requires the Secretary of Transportation to
conduct a study on the extent and effectiveness of the use by
various States of uniformed police officers on Federal-aid
highway construction projects. Some States use police
officers extensively on their highway construction projects,
while other States are virtually no police officers for work
zone traffic control. Work zone safety has been a high
priority issue for the Federal Highway Administration (FHWA),
traffic engineering professionals, and highway agencies. This
section requires the Department of Transportation to submit a
report to Congress on the results of the study not later than
2 years after the effective date of this section.
Conference substitute
The Conference adopts the Senate provision with a
modification to require that the study be conducted in
consultation with law enforcement organizations.
[[Page H3903]]
Contracting for Engineering and Design Services
House bill
Section 140 amends section 112 of title 23 clarifies that
quality based selection process requirements for design and
engineering services and other contracting procedures will
apply unless a State has in the past adopted alternative
procedures to increase competition. Requirements must be met
for any phase of a project funded in whole or in part with
Federal funds.
Senate amendment
This provision amends section 112(b)(2) of title 23 of the
United States Code to promote competition and provide the
greatest value for Federal aid system projects. It clarifies
that the time period for states to have legislatively enacted
alternative requirements to Qualifications Based Selection
(QBS) Procedures for obtaining engineering and design
services has ended. Additionally, it requires that the
Federal Acquisition Regulations (FAR) be used for consistent
and equitable contract administration, accounting, and audits
while providing for the use of FAR QBS simplified acquisition
procedures for contracts under $100,000. Finally,
clarification is provided that requires the Secretary to
establish a certification procedure to ensure that any
legislation enacted by a State since November 28, 1995 to
exercise its option complies with the time frames and
substantive criteria contained in Section 307 of PL 104-59.
Conference substitute
The Conference adopts a substitute provision.
Ambassador Bridge, Michigan
House Bill
Subsection 133(a) makes the facilities necessary to connect
the Ambassador Bridge in Detroit, Michigan to the Interstate
System eligible to receive funds apportioned under the
National Highway System and the Surface Transportation
program.
Senate amendment
Section 1129 provides eligibility for the Ambassador Bridge
in Detroit, Michigan under the surface transportation program
and the National Highway System program.
Conference substitute
The Conference adopts the Senate provision.
Cuyahoga River Bridge
House bill
Subsection 113(b) makes the Cuyahoga River in Ohio eligible
to receive funds apportioned under the congestion mitigation
and air quality improvement program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House bill with a modification.
The bridge is eligible to receive funds from the surface
transportation program.
National Defense Highway
House bill
Section 131 authorizes an amount not to exceed $16 million
per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States
that is important to national defense.
Senate amendment
Section 1131 authorizes an amount not to exceed $16 million
per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States
that is important to national defense.
Conference substitute
The Conference adopts the provision.
High Risk Road Safety Improvement Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 110 creates a new program within the Federal-aid
highway program to fund construction and operational projects
that improve the safety of high risk roads. States are to
allocate funds under this program to those projects that have
the highest benefit. Up to fifty percent of funds under this
program can be transferred to other Federal-aid highway
programs.
Conference substitute
The Conference does not adopt the House provision.
Road Safety Awareness and Improvement Program
House bill
Subsection 110(c) authorizes a roadway safety awareness and
improvement program funded from the high risk road safety
program. The activities of the program should be carried out
cooperatively between the Department of Transportation,
States, and other safety organizations.
Senate amendment
The Senate bill contains no comparable provision.
Conference Substitute
The Conference does not adopt the House provision.
High Cost Interstate Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 113 establishes a new program to fund major
reconstruction or improvement projects on the Interstate
system. In order to be eligible, a project must cost over
$200 million or cost more than 50% of a State's Federal-aid
highway apportionments; it must be ready to go to
construction; the State must agree to not transfer funds
apportioned under the Interstate Maintenance Program; and the
funds must be obligated within one year. Two thirds of the
funds are allocated to the States in the ratio that each
State's cost of eligible projects bear to the total national
cost of eligible projects. For the years 1998 through 2003,
however, those funds are to be distributed based on the
Interstate Maintenance Program formula. The remainder of the
funds are allocated on a discretionary basis. If funds cannot
be used in any given fiscal year, the extra funds are
apportioned to all States as Interstate Maintenance funds.
Projects must be included within the planning process. The
Secretary of Transportation is required to report on the
expected future need to reconstruct the Interstate System and
to recommend methods for apportioning the funds.
Conference Substitute
The Conference does not adopt the House provision.
Infrastructure Awareness Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 132(a) authorizes the Secretary to fund the
production of a documentary about infrastructure to promote
infrastructure awareness. A total of $1 million in contract
authority is authorized for each of the fiscal years 1998
through 2000 from the Highway Trust Fund, other than the Mass
Transit Account.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute states that a total of 40
percent of the total project of $4.8 million will be provided
from the Highway Trust Fund and the remaining 60 percent is
required to be provided by the private sector. Credit is
given for funds received to date. The substitute provides a
total of $1 million for each of the fiscal years 1998 and
1999, and $.88 million in 2000 from the Highway Trust Fund,
other than the Mass Transit Account.
New York Avenue Authority, DC
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 142 establishes a New York Avenue Authority to
develop an improvement plan for the New York Avenue Corridor
in the District of Columbia. The authority is eligible to
receive funding under the National Corridor Planning and
Development program.
Conference substitute
The Conference does not adopt the House provision.
Administrative Takedown
Senate bill
Section 1201 reduces that administrative subsection 104(a)
of title 23, United States Code, which requires the Secretary
to deduct funds from certain Federal-aid highway
apportionments from the current 3\3/4\ percent to an amount
not to exceed 1\1/2\ percent administer the Federal-aid
highway program. The reduction reflects that this Act
provides non-administrative items, such as research and
intelligent transportation system activities that were
formerly funded from the takedown with separate funding
elsewhere. This modification in the administrative takedown
will provide a clear distinction between the Department's
administrative expenses and its research activities and other
expenses.
House bill
Subsection 104(a) allows the Secretary to deduct from sums
authorized to be apportioned for expenditures on the Federal-
aid highway program for Administrative expenses a sum not to
exceed 1 percent of all sums so apportioned for the Federal-
aid highway program.
Conference substitute
The Conference adopts the Senate bill.
Real Property Acquisition
Senate bill
Section 1201 amends sections 108 and 323 of title 23,
United States Code, to expand the flexibility provided to
State and local governments to compete for land resources. It
provides for the advanced acquisition of real property not
only for highway projects, but for all transportation
improvements under title 23. This section removes restrictive
language and outdated programs, revises language, and adds
opportunities for State and local governments to utilize
early property acquisition when necessary, while retaining
maximum flexibility to leverage the use of Federal funds.
The provision provides an alternative means of leveraging
Federal funds apportioned to each State by providing a credit
based on the value of publicly-owned lands
[[Page H3904]]
incorporated within a federally-funded project. This
provision is consistent with the credits already permitted
for donated real property and services. The provisions added
by this section expand the choices available to State and
local governments in fashioning financial strategies to best
serve their transportation objectives.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that costs of services are not
eligible as a credit for non-federal share.
Payments to States for Construction
Senate bill
Section 1204 amends section 121 of title 23, United States
Code to remove a restriction that applies the Federal/non-
Federal matching share requirement to each payment a State
receives. The revised section 121 makes the requirement
applicable to total project costs rather than to individual
voucher payments. The increased flexibility provided by these
changes will result in a simplified program that is easier
for State departments of transportation to administer. The
changes recognize that the important restriction is that the
total project meets the Federal share requirement. The
changes also make the Federal-aid highway program more
compatible with other Federal programs, particularly the
Federal mass transportation program, where projects are often
administered jointly by FHWA and Federal Transit
Administration.
House bill
Subsection 134(d) amends title 23 to remove a restriction
which applies the Federal/non-Federal matching rate to each
payment that a State receives. This amendment will make the
Federal-aid highway more like other Federal programs,
including the Transit program, hence giving the States
greater flexibility in managing their funds.
Conference substitute
The Conference adopts the House provision with a
modification. This provision is retained as separate section
as in the Senate bill.
Proceeds from the Sale or Lease of Real Property
Senate bill
Current section 156 of title 23, United States Code,
requires States to charge fair market value for the use of
airspace acquired in connection with a federally funded
project. Section 1205 expands the requirement in section 156
to apply to the net income generated by a State's lease,
sale, or other use of all real property acquired with Federal
financial assistance. The revised section applies the same
standard to all real property interests acquired with
Federal-aid highway funds. As in current law, the Secretary
may grant exceptions for social, environmental, or economic
purposes.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with the
inclusion of clarifying report language. The purpose of this
exception retained in this provision is to give the States
(with the Secretary's approval) the flexibility to charge
less than fair market value for lands bought with Highway
Trust Fund dollars if the lands, once sold or leased, would
be used for some purpose of public benefit that would
outweigh the general desire to receive fair market value for
the property, such as if the lands would be used as parkland
or as a recreation area.
Metric Conversion at the State Option
Senate bill
Section 1206 amends section 205 of the National Highway
System Designation Act of 1995 which states that the
Secretary shall not require States to use or plan to use the
metric system before September 30, 2000. This provision
allows States to choose when and if to implement the metric
system with respect to designing, advertising, or preparing
plans, specifications, timetables, or other documents, for a
Federal-aid highway project. This section does not require
any State to modify its current use of the metric system for
Federal-aid highway projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Report on Obligations
Senate bill
Section 1207 amends section 104 of title 23, United States
Code, to require the Secretary to submit to Congress an
annual, rather than monthly, report on States' obligations
for Federal-aid highways, highway safety construction
programs, and unobligated balances.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Right-of-Way Revolving Fund
Senate bill
Subsection 1208(a) terminates the right-of-way revolving
fund. The right-of-way revolving fund is revised in section
108(c) of title 23, to provide an expiration and closeout
period for obligations already authorized from the fund. This
program was terminated as a revolving loan fund because of
the new rules required of all credit programs in the Credit
Reform Act of 1990. Credits based on conversion or
reimbursements are to be applied to the Highway Trust Fund
rather than to the revolving fund. Twenty-three States
currently have active right-of-way revolving fund projects.
This section provides for a 20-year close out period from the
date that right-of-way funds were advanced to give these
States sufficient time to complete these unfinished projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Pilot Toll Collection Program
Senate bill
Subsection 1208(b) terminates a tolling pilot program that
has accomplished its intended purpose. Pilot toll agreements
that were executed under subsection 129(k) of title 23 are
still valid.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of the Bridge Commission
Senate bill
1208(d) repeals the 1962 Bridge Commission Act. Public Law
87-441 relates to bridge commissions and authorities created
by Act of Congress. It provides for Federal approval of such
commissions' memberships and requires annual audits. A
commission ceases to exist by transferring ownership of the
bridge to the States. Initially, five bridge commissions were
subject to the act. Today, only one commission remains, the
White County Bridge Commission, which operates the New
Harmony Bridge across the Wabash River between Indiana and
Illinois. While under this act, the FHWA has the authority
to appoint commissioners and review the commission's
financial operations, these actions could be administered
more effectively and efficiently at the State or local
level. This provision removes this unnecessary Federal
oversight of the White County Bridge Commission.
House bill
Subsection 134(h) repeals a requirement that the Federal
government oversee certain bridge commissions created by
Congress in Public Law 87-441. Such duties would be assumed
by State and local governments.
Conference substitute
The Conference finds the provisions in both the House and
Senate bills to be substantially equivalent.
Transfer of Highway Transit Funds
Senate bill
Section 122 adds a new subsection to section 104 of title
23, United States Code, to provide for the program-wide,
rather than project-by-project, transfer and administration
of transit funds made available for highway projects and
highway funds made available for transit projects. This
revision will streamline the administration of highway and
transit funds by State departments of transportation.
This provision also requires the Secretary to administer
funds made available under title 23 or chapter 53 of title 49
and transferred to Amtrak in accordance with Subtitle V of
title 49. Funds made available under title 23 or chapter 53
of title 49 and transferred to other eligible passenger rail
projects and activities shall be administered as the
Secretary determines appropriate. The non-Federal share
provisions in title 23 or chapter 53 of title 49 will
continue to apply to the transferred funds.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. Amtrak transferability is not adopted.
Project Approval and Oversight
Senate bill
Section 1222 amends section 106 of title 23, United States
Code, which addresses Federal and State responsibilities for
surface transportation projects. This section permits the
Secretary to discharge to the States with their approval the
Secretary's responsibilities under title 23 for the design,
plans, specifications, estimates, contract awards, and
inspection of projects on the National Highway System (NHS).
Under current law, States voluntarily oversee such activities
for projects carried out with Surface Transportation Program
(STP) funds, but not for NHS projects.
House bill
Subsection 501(a) consolidates and codifies the current
practices used by the Secretary to approve and oversee
Federal-aid highway projects and further streamlines that
process. This section requires that for projects on the NHS
(including the Interstate system), the Secretary and each
State will enter into an agreement as to the appropriate
level of
[[Page H3905]]
Federal oversight. The Secretary may not assume a greater
degree of responsibility than under current law. For all non-
NHS projects, the States will assume all of the Secretary's
current responsibilities for design, plans, specifications,
estimates, the awarding of contracts, and the inspection of
projects. For projects on the NHS but not on the Interstate
system, then a State shall assume all of the Secretary's
current responsibilities for design, plans, specifications,
estimates, the awarding of contracts, and the inspection of
projects unless the State or the Secretary determines that
such assumption is not appropriate.
Conference substitute
The Conference adopts a substitute provision. The
substitute requires that the State shall assume the
Secretary's responsibilities under this title for design,
plans, specifications, estimates, contract awards and
inspection of projects unless the States determines
otherwise. In addition, the State may assume responsibility
for projects on the NHS but not on the Interstate system
unless the State or Secretary determines otherwise.
In any case where States must meet surface quality
regulations set forth by the Federal Highway Administration,
they may look for leadership to a private Midwestern
engineering institute which has served as a State certifying
contractor for the past eleven years. The FHWA may work with
this institution in carrying out this National certification
program and use the existing expertise in the area.
Financial Plan
Senate bill
Section 1222(f) requires the Secretary to prepare a
financial plan for any projects with an estimated total cost
of $1 billion or more.
House bill
Section 504 requires the preparation of a financial plan
for any highway or transit project costing over $1 billion
and that is proposed to be funded with Federal funds.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The provision is codified in title 23 and title
49.
Standards
Senate bill
Subsection 1222(b) eliminates the requirement that the
Secretary of Transportation issue Interstate maintenance
guidelines and adds that safety considerations of a project
may be met by phase construction.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The substitute language clarifies that the
safety considerations are to be consistent with an operative
safety management system or a statewide transportation
improvement program approved by the Secretary.
Repeal of Sections 100 and 117
Senate bill
Section 1222(c) repeals sections 110 and 117.
House bill
Section 501 repeals sections 110 and 117.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantially equivalent.
Surface Transportation Innovative Financing
Senate bill
Subsection 1223(a) codifies the Department of
Transportation's current administrative policy regarding
innovative mechanisms applicable to transportation
enhancement projects. It gives States additional flexibility
by allowing them to calculate non-Federal share for
enhancements projects in several ways: on a project, multiple
project, or program basis. A State's average annual non-
Federal share of transportation enhancement projects must be
at least 20 percent; however, because of the new provision,
it is feasible for a single project to have a 100 percent
Federal share.
In addition, this section also reduces the current
quarterly, project-by-project State certification and
notification requirements to annual, program-wide approval of
each State's project agreement. The current requirement that
payments made by the Secretary to the States under section
133 could not exceed the Federal share of costs incurred as
of the date the State requested payments is eliminated.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Program Encouragement of Youth Conservation
Corps
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(h) encourages the use of youth corps to
perform transportation enhancement projects.
Conference substitute
The Conference adopts the House provision.
Surface Transportation Program Approval
Senate bill
Subsection 1223(b) amends section 133 of title 23 to reduce
the current quarterly, project-by-project State certification
and notification requirements to annual, program-wide
approval of each State's project agreement.
House bill
Subsection 108(f) changes the program approval process for
the Surface Transportation Program from a quarterly to an
annual basis.
Conference substitute
The Conference finds both the House and Senate provisions
substantially equivalent.
Payments
Senate bill
Subsection 1223(c) eliminates the current requirement that
payments made by the Secretary to the States under section
133 of title 23, U.S.C. not exceed the Federal share of costs
incurred as of the date the State requested payment. This
simply reflects the Department of Transportation's current
administrative policy regarding innovative financing
mechanisms applicable to transportation enhancement projects.
Innovative financing techniques will give States additional
flexibility by allowing them to calculate the non-Federal
share for enhancements projects on either a project, multiple
project, or program basis. A State's average annual non-
Federal share of transportation enhancement projects must be
at least 20 percent. A single project, however, may have a
100 percent Federal share, but each State's annual
enhancements programs must comply with the 20 percent non-
Federal match requirement.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Design Build Contracting
Senate bill
Section 1224 provides authority, after two years of
enactment of this Act, for State transportation departments
to use the design-build approach for construction of eligible
title 23 project segments. Design-build is an innovative
method of highway contracting that is not allowed under
current law. It differs from traditional contracting in that
it combines, rather than separates, responsibility for the
design and construction phases of a highway project. This
section allows States to use their State design-build
contracting procedures in statute or procedures authorized
under section 303M of the Federal Property and Administrative
Services Act of 1949.
The benefits of the design-build approach include greater
accountability for quality and costs, less time spent
coordinating designer and builder activities, firmer
knowledge of project costs, and a reduced burden in
administering contracts. Design-build is particularly
advantageous for accelerating project delivery. For example,
a study of 11 design-build projects in Florida found that
this innovative contracting method produced significant
improvements in project performance as compared to non-
design-build projects. The average design-build construction
time was 21.1 percent shorter than the average for non-
design-build projects. In addition, actual design-build
procurement times were 54 percent less than the normal design
procurement time allocated for projects using traditional
contracting methods. The design-build projects also produced
a 4.7 percent reduction in after-bid changes to the contract.
Despite the potential advantages of design-build, it may
not be an appropriate method for carrying out every highway
project. Therefore, this section provides minimum cost
requirements for potential design-build projects. To qualify
for the award of a design-build contract, the cost of each
usable segment of a highway project must be at least
$50,000,000. In the case of an Intelligent Transportation
Systems project, the total cost of the project must exceed
$10,000,000.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. It allows States to use any design-build
selection procedures determined appropriate by the Secretary
and requires the Secretary to submit a report to Congress
within 5 years after enactment of this Act. This report will
analyze the effectiveness of design-build contracting
procedures.
Use of Consultants (Selection Process)
Senate bill
Section 1225(c) allows a State to procure consultant
services under a single contract for preparation of both the
environmental analysis and subsequent engineering and design
services if the State has conducted an independent multi-
disciplined review of the objectivity of the analysis.
House bill
Section 104(b) allows a State to procure consultant
services under one contract for the preparation of any
environmental analysis as well for subsequent engineering and
design services if the State has conducted a review of the
objectivity of the analysis.
Conference substitute
The Conference adopts the House provision.
[[Page H3906]]
Eligibility of Ferry Boats
Senate bill
Section 1232 clarifies that the construction of ferry boats
and ferry terminal facilities are eligible uses of National
Highway System (NHS), Surface Transportation Program (STP),
and Congestion Mitigation and Air Quality Improvement program
(CMAQ) funds. This simply clarifies how the program is
currently administered and does not amend or weaken any of
the underlying eligibility requirements of the NHS, STP, or
CMAQ programs.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Eligibility of Projects on the National Highway System
Senate bill
Section 1234 amends section 103 of title 23, United States
Code, to include publicly owned intracity or intercity
passenger rail capital projects, including Amtrak, as an
eligible activity for National Highway System (NHS) program
funds under the same criteria that apply currently to transit
and non-NHS highway projects. NHS funding eligibility is
amended also to include natural habitat enhancement and
encourage the use of approved private-sector mitigation banks
for wetlands lost through highway construction. Preference is
given, to the extent practicable, to banks if they are in
accordance with federal guidelines on mitigation banking and
are within the service of the impacted wetland.
This section also adds the following new items to the list
of projects eligible for NHS funding: (1) publicly owned
intracity or intercity passenger rail or bus terminals,
including those owned by Amtrak; (2) publicly owned
intermodal surface freight transfer facilities, other than
seaports and airports located at, or adjacent to, the NHS
or connections to the NHS; (3) infrastructure-based
Intelligent Transportation Systems capital improvements;
and (4) publicly owned components of magnetic levitation
(MAGLEV) systems.
This section also adds to the list of eligible NHS projects
a paragraph applicable only to projects on the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, permitting these territories to use
their NHS apportionments for any STP-eligible project, any
airport, and any seaport.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not include eligibility for
intracity and intercity passenger rail under this program.
Minor Collectors
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(e) allows up to 15 percent of surface
transportation program funds apportioned for areas of less
than 5,000 in population to be used on minor collectors.
Conference substitute
The Conference adopts the House provision with
modifications.
Design Flexibility
Senate bill
Section 1236 clarifies section 109 of title 23 regarding
the Secretary's responsibilities regarding planned future
traffic needs and the Secretary's responsibilities in
reviewing State plans for proposed highway projects. This
modification eliminates the requirement that the Secretary
ensure that a State plan for a highway project must accompany
future traffic demands. The revised section only requires
that the Secretary ensure that future traffic needs were
considered.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
State Infrastructure Banks
Senate bill
Section 1301 codifies the State Infrastructure Bank (SIB)
Pilot Program authorized in the NHS Designation Act of 1995.
This section includes modifications to increase the
flexibility of the SIB program. The current 10-State limit on
the number of participants in the SIB program is eliminated,
thus enabling any State to establish a State Infrastructure
Bank. The percentage limitation regarding funds a State can
transfer to use State infrastructure banks is eliminated. The
10-state limit unnecessarily restricted States from pursuing
this financial mechanism and the percentage limitation
unnecessarily limits States' use of this mechanism. The need
to maintain separate highway and transit accounts also
imposed an accounting burden on States that was inconsistent
with financial flexibility desired in a financing entity such
as a State Infrastructure Bank.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts a substitute provision. The
conference adopts a four State pilot program. The
participating States are Missouri, California, Florida, and
Rhode Island.
Transportation Infrastructure Finance and Innovation Act
Senate bill
Subtitle C, Chapter 2 establishes a Federal credit
assistance program for major surface transportation projects
under the Transportation Infrastructure Finance and
Innovation Act of 1998 (TIFIA).
House bill
The House bill contains no comparable provision.
Conference agreement
The conference adopts the Senate provision, with certain
modifications. The TIFIA program is designed to assist major
surface transportation projects with their own revenue
streams, which can attract substantial private capital with a
limited Federal investment. This program offers the sponsors
of large transportation projects a new tool to leverage
limited Federal resources, stimulate additional investment in
our Nation's infrastructure, and encourage greater private
sector participation in meeting our transportation needs.
Eligible projects for TIFIA assistance include any projects
eligible under title 23 (highway and transit capital
projects) as well as international bridges and tunnels,
inter-city passenger bus and rail facilities and vehicles
(including Amtrak and magnetic levitation systems), and
publicly-owned intermodal freight facilities. Examples of the
types of projects which may benefit from this program are the
Woodrow Wilson Bridge, the Farley/Pennsylvania Station
project in New York City and the State of Florida's proposed
high-speed rail project between Miami, Orlando and Tampa.
Project sponsors may be governmental units, private entities,
or public-private partnerships. The Conferees wish to
reiterate language concerning the Florida high-speed rail
project in the Senate committee report section on TIFIA. This
project represents an effort by the State of Florida to bring
a new technology to the United States by using an innovative
public-private partnership that does not rely on Federal
grant support. The State of Florida's request for a Federal
loan equal to \1/3\ of project costs should receive favorable
consideration from the Department of Transportation, provided
it meets program criteria.
To be eligible for credit assistance, a project must meet
certain threshold criteria. It must cost at least $100
million or 50 percent of a State's annual apportionment of
Federal-aid funds, whichever is less. (For intelligent
transportation system projects, the minimum cost is $30
million, due to the substantial capacity enhancements
attainable with but a limited investment.) The project also
must have the potential to be self-supporting from user
charges or other non-Federal dedicated funding sources, be on
a State's transportation plan and, at the time of funding, be
on a fiscally-constrained State transportation improvement
program. An application for credit assistance may be
submitted by a State or local government or other entity. The
Secretary will select among potential candidates based on
various criteria, including the project's regional or
national significance, its potential economic benefits, its
credit-worthiness, the degree of private sector
participation, and other factors.
Forms of assistance that can be provided under this program
consist of direct loans, loan guarantees, and lines of
credit. In all cases the Federal role will be that of a
minority investor, with Federal participation limited to not
more than 33 percent of total project costs. The Secretary is
authorized to enter into agreements with project sponsors
containing terms and conditions designed to assist the
projects in leveraging additional funds, while ensuring that
the program operates in a fiscally-prudent manner. The State
in which a project is located may identify a State or local
government entity to assist the Secretary in servicing the
Federal credit instrument.
The Secretary may provide credit assistance to demonstrate
to the capital markets the viability of making transportation
infrastructure investments where returns depend on residual
project cash flows after servicing senior municipal revenue
bonds or other capital markets debt. An objective of the
program is to help the financial markets develop the
capability ultimately to supplant the role of the Federal
government in helping finance the costs of large projects of
national significance. That is why loan guarantees are
limited to major institutional lenders, such as defined
benefit pension funds, which may be potential providers in
the future of supplemental and subordinate capital for
projects. The Conference would like the Secretary to
encourage Federal borrowers to prepay their direct loans or
guaranteed loans as soon as practicable from excess revenues
or the proceeds of municipal or other capital market debt
obligations. The Secretary also may sell off direct loans to
third parties or into the capital markets, if such
transactions can be arranged upon favorable terms.
The Conference recognizes that the Congress enacted the
Deficit Reduction Act of 1984 provision prohibiting the
combination of Federal guarantees with tax-exempt debt,
because of concerns that such a double-subsidy could result
in the creation of a ``AAA''
[[Page H3907]]
rated security superior to U.S. Treasury obligations.
Accordingly, any project loan backed by a loan guarantee as
provided in TIFIA must be issued on a taxable basis.
The Conference wants to ensure that projects receiving
TIFIA assistance are financially-sound. Each project, at the
time of its application for assistance, is required to
furnish a preliminary rating opinion letter from one of the
bond rating agencies identified by the Securities and
Exchange Commission as a ``Nationally Recognized Statistical
Rating Organization,'' indicating that the project's senior
debt obligations have the potential to achieve an investment-
grade bond rating. The Secretary shall consult with the
Office of Management and Budget, each rating agency providing
such an opinion letter, and any other financial experts the
Secretary deems necessary, in order to determine the credit
instrument's appropriate subsidy cost (capital reserve)
pursuant to the Federal Credit Reform Act of 1990. Until such
time as a formal investment-grade rating is assigned, the
Secretary shall not extend credit in an amount exceeding the
estimated subsidy cost. The Conference believes that
analytical techniques that are widely-accepted by the capital
markets, such as those used by the rating agencies to
evaluate the financial stability of municipal bond insurance
companies, should be drawn upon to estimate the appropriate
subsidy cost.
TIFIA expressly requires that projects adhere to Title VI
of the Civil Rights Act, the National Environmental Policy
Act, and the Uniform Relocation Assistance and Real Property
Acquisition Policies Act. the Conference also recognizes that
highway and transit capital projects assisted under TIFIA
will retain adequate protections for labor in terms of
prevailing wages, as required under title 23 provisions.
The bill provides $530 million of contract authority,
funded from the Highway Trust Fund, to fund the budgetary or
subsidy costs of the Federal credit instruments between
fiscal years 1999-2003: $80 million in fiscal year 1999; $90
million in fiscal year 2000; $110 million in fiscal year
2001; $120 million in fiscal year 2002; and $130 million in
fiscal year 2003. (As with other Federal credit programs, the
non-budgetary or financing costs of the Federal credit
instruments will be funded from the General Fund.). The bill
caps the nominal amount of credit instruments supported by
this contract authority at $1.2 billion for each of fiscal
years 1998 and 1999; $1.8 billion for fiscal years 2000 and
2001; and $2.0 billion for fiscal years 2002 and 2003.
The Conferees are aware that present Federal income tax law
prohibits the use of direct or indirect Federal guarantees in
combination with tax-exempt debt (section 149(b) of the
Internal Revenue Code of 1986. The TIFIA provisions of the
conference agreement do not override or otherwise modify this
provision of the Code.
The Conference finds that developing, implementing, and
evaluating financial assistance programs such as TIFIA is a
crucial mission of the Department of Transportation. To
ensure the financial and programmatic success of TIFIA, the
conference strongly encourages the Secretary to establish an
organizational structure within the Department in which
financial assistance activities and programs can be closely
coordinated and monitored.
In order to evaluate the effectiveness of this program, the
Secretary is required to submit a report to Congress within
four years of the date of enactment of this bill. The report
should summarize the program's financial performance to date,
and recommend whether the objectives of the program would be
best met by continuing the program under the authority of the
Secretary, establishing a Government corporation of
Government-sponsored enterprise to administer the program, or
by relying upon the capital markets to fund projects of
regional and national significance without Federal
participation.
Operation Lifesaver
Senate bill
Section 1401 continues funding for the Operation Lifesaver
program and requires a total of $500,000 for each of fiscal
years 1998 through 2003 to be set-aside by the Secretary from
surface transportation program funds. The funds shall be used
for public education programs designed to reduce the number
of accidents, deaths and injuries at highway-rail
intersections and within railroad rights-of-way.
House bill
Section 104(c) extends authority for funding for Operation
Lifesaver.
Conference substitute
The Conference finds both the House and Senate provision to
be substantially equivalent.
Railway-Highway Crossings
Senate bill
Section 1403 amends section 130 of title 23 United States
Code, and expands the eligibility of railway-highway funds to
include trespassing countermeasures in the vicinity of the
crossing, safety education, enforcement of traffic laws and
publicly sponsored projects at privately owned railway-
highway crossings. States are required to report to the
Department on completed crossing projects funded under this
subsection for inclusion in the DOT/American Association of
Railroads National Grade Crossing Inventory.
This section eliminates the requirement that half the funds
authorized under section 130 be available for installation of
protective devices at railway-highway crossings. These
activities, however, remain eligible for funding under this
section.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Hazard Elimination Program
Senate bill
Section 1404 expands the eligibility of the current hazard
elimination program to include a full range of safety
improvements for bicyclists and pedestrians, including
multimodal and community safety programs, and spot
improvement programs for rapid-response of low costs hazards,
such as potholes, roadway and trail debris, and unsafe
drainage gates is eligible for funding under this program.
This section also makes traffic calming measures eligible for
hazard elimination funds. The prohibition on States using
hazard elimination funds to correct hazards on routes on the
Interstate system is eliminated. This section also revises
the reference to ``highway safety improvement project'' in
subsection 152(b) to read ``safety improvement project'' to
reflect the multimodal focus of the hazard elimination
program.
House bill
Section 138 requires that hazards to bicyclists are
included in the hazardous locations inventory.
Conference substitute
The Conference adopts the Senate provision with
modifications. It clarifies that to be eligible under this
section, a project must be related to a public surface
transportation facility. The Conference substitute does not
allow public transportation vehicles to be eligible for these
funds, nor does it allow the Secretary to determine
additional appropriate projects. In carrying out this
section, States should minimize any negative impact on safety
and access for bicyclists and pedestrians in accordance with
section 217.
Specialized Hauling
Senate bill
The Senate bill contains no comparable provisions.
House bill
Subsection 134(j) requires a study of the impact of truck
weight standards on specialized hauling vehicles.
Conference substitute
The Conference adopts the House provision with a
modification to require the study include, but not be limited
to, an analysis of the economic, safety, and infrastructure
impacts of truck weight standards.
Access for Motorcycles
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 135 specifies that State or local governments may
not restrict access of motorcycles to any highway facility
for which Federal-aid funds were used.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that this provision only applies to
Federally-assisted highways open to traffic and will not
override or affect the applicability of any local
jurisdiction's safety laws.
232 Metropolitan Planning
Senate bill
Section 1601 retains the current structure and most of the
metropolitan planning provisions found in section 134 of
title 23. It retains the current project selection process
set forth in ISTEA.
This section makes the following substantive changes to
current law. First, this section streamlines the 16
metropolitan planning factors found in current law into seven
issues to be considered in the planning process. Second, it
gives States flexibility to move projects within a 3-year
Transportation Improvement Program without FHWA approval if
the Governor and metropolitan planning organization agree.
Third, it eliminates the requirement that transportation
improvement programs identify the source of funds for
individual projects by Federal funding category. Fourth, this
section adds freight shippers to the list of stakeholders to
be given opportunities to comment on plans and transportation
improvement programs (TIPs). Finally, it provides that, for
urbanized areas designated after the enactment of this Act,
metropolitan area boundaries shall cover at least the
urbanized area and the area expected to become urbanized
within the 20-year forecast period and shall require the
agreement of the Governor and MPO. Such boundaries are not
required to include the entire ozone or carbon monoxide
nonattainment areas, as identified under the Clean Air Act.
House bill
Section 124 amends section 134 of title 23 by setting seven
general goals and objectives that may be considered in the
planning process. They include: supporting economic vitality;
increasing safety and security; increasing accessibility and
mobility; protecting the environment; integrating the
transportation system; promoting efficiency; and
[[Page H3908]]
preserving existing facilities. These replace the existing
list of nineteen planning factors. The language also includes
fostering economic growth and development to the list of
reasons that is in the national interest.
The section makes a number of technical changes to section
134(g) regarding long range plans. It also allows
metropolitan planning organizations to include projects that
would be funded if additional resources were available. The
inclusion of such projects is for illustrative purposes only.
The bill requires that a TIP be updated at least every three
years. It also allows the metropolitan planning organizations
to include projects that they would advance if additional
resources were available.
Conference substitute
The Conference substitute adopts a combination of both the
Senate and House provisions. The substitute retains the basic
current metropolitan planning structure and processes. As
included in both bills, the 16 planning factors are
streamlined to seven general factors to be considered in the
planning process. In considering the relationship between
transportation and quality of life, metropolitan planning
organizations are encouraged to consider the interaction
between transportation decisions and local land use decisions
appropriate to each area. The language clarifies that the
failure to consider any specific factor in formulating plans,
projects, programs, strategies and certification of planning
processes is not reviewable in court. The Conference
substitute also adopts the House provision including economic
growth and development as a general requirement in
metropolitan planning.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list
of persons to be given opportunities to comment on
metropolitan long-range plans and programs (TIPs) along with
the addition of representatives of users of public transit.
The Conference substitute also adopts the House provision
allowing MPOs to include an illustrative list of projects
that would be included on the TIP if additional resources
were available. The illustrative list does not affect the
fiscal constraint requirement of the TIP.
The Conference substitute clarifies that the expansion or
designation of existing or new metropolitan planning
organization boundaries due to the imposition of any new air
quality standards will not automatically occur and such
boundaries will be determined by agreement of the governor
and the affected local governments.
Statewide Planning
Senate bill
Section 1602 retains the current structure and most of the
statewide planning provisions found in section 135 of title
23. It retains the current project selection process set
forth in ISTEA. This section makes the following substantive
changes to current law. First, it streamlines the 20
statewide planning factors found in current law into seven
broader issues to be considered in the planning process.
Second, it gives States flexibility to move projects within a
3-year Transportation Improvement Program (TIP) without FHWA
approval or action if the Governor and metropolitan planning
organization agree. Third, it eliminates the requirement that
transportation improvement programs must identify the source
of funds for individual projects by Federal funding category.
Finally, this section adds freight shippers to the list of
stakeholders to be given opportunities to comment on plans
and statewide transportation improvement programs (STIPs).
House bill
Section 125 amends section 135 of title 23 by setting the
scope of the planning process. States, to the extent they
determine appropriate, may consider goals and objectives in
the planning process, including supporting economic vitality,
increasing safety and security, increasing accessibility and
mobility, protecting the environment, integrating the
transportation system, promoting efficiency, and preserving
existing facilities. These considerations replace the
existing planning factors.
Freight shippers and freight providers are added to the
list of groups that shall be allowed a reasonable opportunity
to comment on the proposed long-range plan and on the
proposed State transportation improvement plan. It requires
that in rural areas, the transportation program be developed
by the State in cooperation with local elected officials. It
also allows the State to include projects that it would fund
if additional resources were available. Projects undertaken
pursuant to the high risk road safety program are added to
the list of projects that must be selected by the State in
consultation with affected local officials.
This section also includes a provision to study the
effectiveness of local planning.
Conference substitute
The Conference substitute adopts a combination of both the
Senate and House provisions. The substitute retains the basic
statewide planning structure and processes. As included in
both bills the 20 planning factors are streamlined to seven
general factors to be considered in the state planning
process. The language clarifies that the failure to consider
any specific factor in formulating plans, projects, programs,
strategies and certification of planning processes is not
reviewable in court.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list
of persons to be given opportunities to comment on statewide
long-range plans and programs (TIPs), along with the addition
of representatives of users of public transit. The Conference
substitute also adopts the House provision allowing States to
include an illustrative list of projects that would be
included in the TIP if additional resources were available.
The illustrative list does not affect the fiscal constraint
requirements of the TIP.
The Conference substitute adopts the Senate provision,
allowing States flexibility to move projects within a three-
year transportation improvement program without separate
approval or action by the Federal Highway Administration if
the MPO concurs. The substitute also includes a provision
requiring States to consult with local officials with
responsibility for transportation when formulating plans and
programs.
Technical Correction Federal Aid/National Highway System
Senate bill
Subsection 1701(a) amends section 103 of title 23, United
States Code, to reflect that the National Highway System
(NHS) has been designated by Congress. It consolidates
several sections of title 23 regarding Interstate system
designations and the process for adding segments to the
Interstate. This section addresses interstate construction
funds and unobligated balances of Interstate substitute
funds, as these programs no longer exist.
The NHS consists of an interconnected system of principal
arterial routes that serve major population center sand
intermodal transportation facilities. Its components include
the Interstate System and other urban and rural principal
aerials and highways (including toll facilities) that provide
motor vehicle access between major population centers, border
crossings, intermodal transportation facilities, and routes
important to defense within the United States. The mileage of
the NHS is limited to 178,250 miles. This mileage is equal to
the base amount of 155,000 miles, established in current law,
plus the 15 percent increase permitted under current law. The
Secretary may make modifications to the NHS routes proposed
by a State if the Secretary determines that the modification
meets the same criteria established under current law.
Modification proposals must be coordinated among the State,
local and regional officials.
An Interstate System route is to be selected by joint
action of the State transportation agencies of the State in
which the route is located and the adjoining States in
cooperation with local and regional officials, and subject to
the approval of the Secretary. The mileage of the Interstate
System is limited to 43,000, an increase from the 41,000 mile
limit under current law.
House bill
Subsection 106(a) strikes existing provision for the
interim eligibility and approval of the National Highway
System.
Conference substitute
The Conference adopts the Senate provision.
Corridor 10 Modification for West Virginia
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 106(J) designates certain portions of Route 10
in West Virginia as part of the National Highway System.
Conference substitute
The Conference does not adopt the House provision.
Nondiscrimination
Senate bill
Section 1703 amends section 324 of title 23, U.S.C. by
moving the provision on discrimination on the basis of sex to
section 140 as subsection (d). Under current law, both of
these sections address discrimination.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
State Transportation Department
Senate bill
Section 1704 makes technical corrections to section 302 of
title 23, United States Code. It changes the term ``state
highway department'' to ``state transportation department''
to emphasize and reflect the intermodal focus of these
departments. It eliminates the requirement for a secondary
road unit as there is no longer a secondary system and
secondary plans have been eliminated. It also establishes
that compliance with section 302, as revised by this section
shall have no effect on the eligibility of costs. This
subsection eliminates 302(b) regarding the construction of
projects on the secondary system.
House bill
Section 134(g) amends title 23 to clarify that section 302
does not limit reimbursement of eligible indirect costs to
State and local governments. This will make the Federal-aid
Highway program consistent with other Federal programs,
reducing an administrative burden caused by requiring States
to develop separate accounting systems.
[[Page H3909]]
Conference substitute
The Conference adopts the Senate provision.
Signing Survey
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 133(h) requires the Secretary to conduct a study
to determine the practices in the States for specific service
food signs.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute provides language to clarify
that recommendations for modifications to the Manual on
Uniform Traffic Control Devices for Streets and Highways that
result from this study should be made only if appropriate.
Amendments to Title 23 (De-icing)
Senate bill
Section 1806 make anti-icing and de-icing compositions that
are agriculturally derived, environmentally acceptable, and
minimally corrosive eligible for use on bridges under the
surface transportation program and on Interstate and National
Highway System bridges.
House bill
Subsections 107(d) and 108(b) makes certain anti-icing and
de-icing compositions used on bridges eligible under the
bridge program and under the surface transportation program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute deletes the reference to
agriculturally-derived compositions, but environmentally
acceptable compositions in general are acceptable. In
addition, it ensures, that all bridges are able to use these
anti-icing and de-icing components.
Penn Station Board, NY
Senate bill
Section 1810 allows the Secretary of Transportation, the
Federal Railroad Administrator and their designees to serve
as ex-officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Union Station Board DC
Senate bill
This provision allows the Secretary of Transportation, the
Federal Railroad Administrator and their designees to serve
as ex-officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Study Southwest Border Infrastructure
Senate bill
Section 1813 requires the Secretary to conduct a
comprehensive assessment of the state of transportation
infrastructure on the southwest border between the United
States and Mexico. The Secretary is required to submit the
report to Congress one year after the date of enactment of
this Act.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to ensure that the assessment of the adequacy of
law enforcement and narcotics abatement activities include
their relationship to infrastructure in the border area.
Report on Utilization Potential
Senate bill
Section 1817 requires the Secretary to conduct a study of
ferry transportation in the United States, including the
territories, to identify existing ferry operations and
develop information on the ferry routes. The Secretary is to
submit the report to Congress within one year of enactment of
this Act.
House bill
Section 121(b) requires the Secretary to conduct a study of
ferry transportation in the United States, including the
territories, to identify existing ferry operations and to
identify potential domestic ferry routes. The provision
requires the report to be submitted to Congress.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute adds language to ensure the
report includes identification of funding sources for ferry
construction, and the potential for high speed and
alternative-fueled ferry services. It also states that the
report be submitted to the Committee on the Environment and
Public Works of the United States Senate, rather than the
Commerce, Science and Transportation Committee.
Life Cycle Cost Analysis
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 139(a) requires life cycle costs analysis on every
project under title 23 and requires the analysis to conform
with the Executive Order on Infrastructure Investment.
Conference substitute
The Conference adopts the House provision with
modifications. Subsection (a) eliminates the mandate that
States conduct life-cycle costing procedures on each usable
project segment of $5 million or more on the National Highway
System. The Secretary of Transportation shall develop a set
of procedures to be issued as recommendations to the States
for conducting analyses of the life-cycle costs for projects
on the National Highway System. In making a recommendation,
the Secretary shall consult with AASHTO and include the
principles identified in Executive Order 12893.
Life-cycle cost analysis is a process to reduce costs and
improve quality and performance. In order to achieve these
goals, the Secretary's recommendations shall suggest a
uniform analysis period and uniform discount rates as
established in OMB Circular A-94 for all Federal-aid National
Highway System projects. The recommendation shall incorporate
factors such as a documented, vigorous maintenance schedule
user costs, and the life of the project. The States are
encouraged to use the recommendations to the maximum extent
possible on National Highway System projects.
Roadside Safety Technologies
Senate bill
Section 3107 requires the Secretary to issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions. States are to use this
guidance in evaluating the safety and cost-effectiveness of
using different crash cushion designs or other safety
appurtenances.
Houser bill
Subsection 126(a) requires the issuance of guidance to the
States on the proper uses of various types of crash cushions.
The States shall use such guidance to evaluate the use of
such devices.
Conference substitute
The Conference adopts the House provision with a
modification to extend the report deadline to 18 months after
enactment, rather than one year.
Traffic Flow and Roadside Safety Applications of Road Barriers
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 126(b) requires the Secretary to conduct a study
on the use of moveable barrier technologies. The provision
requires the Secretary to submit a report to Congress no
later than one year after enactment of this Act, and to
provide the report to States for their use on appropriate
projects on Federal-aid Highways.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute provides language clarifying
the States can use the results of the study at their
discretion. In addition, the deadline for the report is
extended to 18 months rather than 1 year after date of
enactment.
Study: Vehicle Weight Enforcement
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 412 directs the Secretary to conduct a study on the
effectiveness and deterrent value of State laws and
regulations pertaining to penalties for violations of
commercial motor vehicle weight laws. The Secretary shall
issue a report to Congress not later than two years after
enactment.
Conference substitute
The Conference adopts the House provision.
Worker Safety
Workers engage in repair, demolition, and maintenance of
existing highways, highway structures, and other construction
projects frequently are exposed to hazardous materials
including lead and asbestos. It is well established that even
though safeguards to protect workers are supposed to be
place, frequently they are not adequately followed.
In 1992, NIOSH conducted a study of contamination of
workers' homes with hazardous chemicals and substances
transported from the workplace, the study found that such
incidents have resulted in a wide range of health effects and
death among workers' families exposed to toxic substances and
infectious agents.
Seven Federal statutes provide Federal agencies with some
mechanisms for responding to or preventing workers' home
contamination. Twenty rules or standards in the Code of
Federal Regulations, including regulations promulgated by the
Environmental Protection Agency and OSHA, address workers'
home contamination or have elements that serve to protect
worker's families.
Contamination of workers' homes by hazardous substances
transported from the workplace must be minimized. To
accomplish this, it is essential that all workers are
[[Page H3910]]
equipped with suitable protective, reusable clothing, and
that such clothing is either disposed of properly or
laundered in certified laundry facilities that assure that
contamination found in the clothing do not result in exposure
in the home, exposure to workers handling the clothing, or
become environmental pollutants.
Adequate safeguards and facilities exist and the Federal
government through enforcement of current Federal regulations
should make a greater effort to assure that these safeguards
are followed. It is economically beneficial, safe for workers
and their families, and environmentally sound to required
recyclable or reusable work clothes when engaged in workplace
activities involved exposure to hazardous substances. Only
licensed laundry facilities, in compliance with Federal
standards, should be utilized for the laundering of such
clothing.
Uniform Transferability
Houser bill
Section 505 creates a new uniform transferability of
Federal-aid highway funds in section 110 in title 23. The
provision applies to any highway program or set-aside within
a program which does not allow at least 50 percent of the
apportioned or set-aside funds to be transferred to another
category. The provision allows any State to transfer up to 50
percent of any funds apportioned to it, as well as any funds
within that apportionment that have special requirements or
constitute a set aside, to any other category of funds.
The section also sets rules for the transferability of
certain funds set-aside within the Surface Transportation
Program. For funds set-aside for the hazard mitigation and
rail-highway grade crossing programs, a State may not
transfer a mandatory minimum level. For funds set-aside for
transportation enhancements, up to 50 percent of the funds
above the level received by a State in Fiscal Year 1996 are
available to be transferred. For funds apportioned for the
Congestion Mitigation and Air Quality program, States may
transfer up to 50 percent of the increase over its Fiscal
Year 1997 apportionment.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Midcourse Correction
House bill
Section 508 directs the Secretary to withhold certain funds
for fiscal 2001 until August 1, 2001 unless Congress enacts a
law making midcourse corrections to the highway and transit
programs. At a minimum, the midcourse correction must include
a funding distribution for the high cost interstate program,
approve a system of performance bonuses, approve an
Appalachian development highway system program, and approve
projects within the transit capital program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Flexibility of Safety Programs
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1233 gives additional flexibility to safety set-
aside requirements. This provision requires each State to set
aside 2 percent of its Surface Transportation Program (STP)
apportionment for railway-highway crossings; 2 percent of its
STP funds for hazard elimination activities; and 6 percent of
its STP funds for railway-highway crossings or hazard
elimination activities.
Additional discretion is given to each State to transfer up
to 100 percent of its 6 percent STP safety set-aside funds to
its section 402 safety program or to its Motor Carrier Safety
program allocation. The requirement that half the funds
authorized and expended under section 130 be available for
installation of protective devices at railway-highway
crossings is eliminated. The revised section, however,
retains this use as an eligible activity.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not allow transfers to the
section 402 safety program or the motor carrier safety
program.
Railway Crossing Hazard Elimination
House bill
Section 104(c) extends the High Speed Rail Corridors grade
crossing program. Funding for the High Speed Rail Corridors
grade crossing program is increased to $5.25 million per
year. In addition, the subsection specifically designates the
Minneapolis/St. Paul, Minnesota, to Chicago, Illinois,
segment as a part of the Midwest High Speed Rail Corridor
(also known as the Chicago Hub). The Minnesota, Wisconsin,
and Illinois Departments of Transportation have completed
preliminary feasibility studies on the Minneapolis/St. Paul-
Chicago segment and the Federal Railroad Administration has
provided funding for the segment under the Next Generation
High Speed Rail Corridor program.
Senate amendment
Section 1402 authorizes $5 million to be set-aside from
Surface Transportation Program funds in each of fiscal years
1998 to 2003 to be allocated by the Secretary to address
railway-highway crossing hazards in five existing high speed
rail passenger corridors and the authority to select three
additional corridors. The Secretary is to consider ridership
volume, maximum speeds, benefits to nonriders such as
congestion relief, State and local financial support and the
cooperation of the owner of the right-of-way.
The previously selected rail corridors under the program:
(1) San Diego to Sacramento, CA; (2) Detroit, MI to
Milwaukee, WI; (3) Miami to Tampa, FL; (4) Washington, D.C.
to Charlotte, NC; (5) Vancouver, B.C. to Eugene, OR. The New
York City-Albany-Buffalo high speed Empire Corridor as an
example of a project that meets the intent of this section
because of its current travel at high rates of speed and its
level of ridership.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute includes funding for site
specific corridors that were included in both the Senate and
House bills. It also makes improvements to the Minneapolis/
St. Paul-Chicago segment of the Midwest High Speed Rail
Corridor.
Gulf Coast Corridor
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1402 requires the Secretary to expend funds under
the railway-highway crossing hazard elimination in high speed
rail corridors program for a Gulf Coast high speed railway
corridor.
Conference substitute
The Conference adopts the Senate provision.
Environmental Streamlining
House bill
Section 502 establishes a coordinated environmental review
process for highway construction projects so that whenever
practicable, all environmental reviews, analyses, opinions
and any permits, licenses, or approvals that must be issued
by a Federal agency are conducted concurrently and within
cooperatively established time periods. The time periods must
be consistent with those established by the Council on
Environmental Quality (CEQ) in implementing NEPA. Agreed upon
time periods may be extended by the Secretary, if, upon good
cause shown, the Secretary and the Federal agency determine
that an extension is necessary as a result of new information
that could not reasonably have been anticipated when the time
periods for review were established; In the event that an
agency fails to complete its review or analysis within an
agreed upon time period, the Secretary may close the record.
The House bill further directs the Secretary, in
consultation with CEQ, to establish a State environmental
review delegation pilot demonstration program to allow a
limited number of States to assume responsibility for
implementing NEPA for highway projects. The pilot program is
authorized for three years.
Senate amendment
Section 1225 requires the Secretary to develop an
integrated decisionmaking process for surface transportation
projects. Using the environmental review process under the
National Environmental Policy Act (NEPA), the section
establishes a mechanism to coordinate the permitting process
for surface transportation projects, encouraging
consolidation of Federal, State, local and Tribal
decisionmaking to the maximum extent practicable, and early
consideration of environmental impacts. The section further
encourages the use of collaborative, problem solving and
consensus building approaches to implement the integrated
process.
Conference substitute
The Conference adopts the House language with the following
three modifications. First, the provisions establishing a
pilot program to delegate responsibility for compliance with
the requirements of NEPA to up to eight States is deleted.
Second, the language directing agencies to provide due
consideration to the determination of the Secretary with
respect to the purpose and need of a highway project is
deleted. Third, the conference substitute clarifies that the
authority of the Secretary to close the record in the event
that another agency fails to meet an agreed-upon deadline for
completing its environmental review of a proposed project is
limited to the record with respect to the matter before the
Secretary.
Both the House and Senate bills seek to address the same
concerns; the delays, unnecessary duplication of effort, and
added costs often associated with the current process for
reviewing and approving surface transportation projects. The
U.S. Department of Transportation has, through its
administrative initiatives, attempted to address some of
these problems. Legislation is appropriate, however, to
further improve the integration and coordination of decisions
relating to highway projects. Better and earlier coordination
among the agencies involved in the decisionmaking process for
highway projects should help reduce conflicts and their
associated delays and costs.
The fundamental goals of the environmental streamlining
provisions are to establish an integrated review and
permitting process that identifies key decision points
[[Page H3911]]
and potential conflicts as early as possible; integrates the
NEPA process as early as possible; encourages full and early
participation by all relevant agencies that must review a
highway construction project or issue a permit, license,
approval or opinion relating to the project; and establishes
coordinated time schedules for agencies to act on a project.
To accomplish these goals, the Conference substitute adopts
the House provision encouraging the Secretary to enter into
memoranda of agreement (MOAs) with the agencies responsible
for reviewing the environmental documents prepared under NEPA
or for conducting other environmental reviews, analyses,
opinions or issuing any licenses, permits or approvals
relating to a project. It is expected that Federal, State and
other agencies involved in reviewing and approving a project,
or components of a project, will use the MOA process to
establish cooperatively determined time periods to complete
their work and, more generally, to describe how, and the
extent to which, the various permitting requirements and
environmental reviews relating to the project will be
integrated. MOAs may include a variety of interagency
agreements. In order to avoid subsequent conflicts and delays
on a project, agencies are encouraged to solicit early public
input in the development of an MOA.
The Conference substitute retains the House provisions
regarding the joint development of time periods for each
agency involved in the review and approval of a project to
complete its review. The language further provides that any
environmental reviews, including those required under NEPA,
conducted with respect to a project shall generally be done
concurrently unless conducting a concurrent review would
result in a significant adverse effect on the environment,
would substantively alter Federal law, or would not be
possible without information developed during the review
process. This last exception is intended to ensure that
agencies are not put in the position of having to complete
environmental reviews before they have sufficient information
to conduct a meaningful review.
The provisions relating to the Secretary's authority to
close the record have been modified to clarify the extent of
the Secretary's authority to issue a record of decision for a
project in the event that another agency fails to meet the
agreed upon deadline for completing its review of any
environmental documents required for the project under NEPA.
The Secretary's authority to close the record authority does
not extend to reviews, analyses, opinions or decisions
conducted by another agency on any permit, license or
approval issued by that agency. For example, if a project
requires the Corps of Engineers to issue a permit under
section 404 of the Clean Water Act, the Secretary may not
restrict the Corps' review with respect to its decision to
issue the 404 permit, even if the Corps fails to meet a
deadline set forth in a MOA with the Secretary. Therefore,
the conference substitute includes language affirming that
the Secretary's authority to close the record is limited to
the record on the matter pending before the Secretary. This
still allows the Secretary to issue a record of decision on a
highway project, even if other agencies have not completed
their review of the environmental documents required under
NEPA for the project.
The conference substitute allows the additional costs
associated with Federal agencies complying with this
streamlined process to be considered eligible projects
expenses under the Federal-aid highway program. Such costs
may only be for the additional amount the Secretary
determines are necessary to Federal agencies to meet the time
periods for environmental review where such time periods are
less than the customary time for such review.
For purposes of this section, the term Federal agency
includes any Federal agency or State agency carrying out
affected responsibilities by operation of Federal law.
These provisions makes a number of significant procedural
changes and improvements to the process for reviewing and
approving highway projects. It is expected that the Secretary
will publish regulations, after public notice and comments,
to implement these new procedures.
Applicability of NEPA
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1602(h) of the Senate bill reaffirms that the
requirements of the National Environmental Policy Act (NEPA)
do not apply to State plans and programs developed pursuant
to sections 134 or 135 of title 23, United States Code.
Conference substitute
The Conference substitute adopts the Senate language. This
provision is consistent with current law and practice. To
date, State transportation plans and programs developed under
sections 134 or 135 of title 23, United States Code, and
decisions by the Secretary regarding those plans or programs,
have not been considered to be Federal actions for purposes
of NEPA. Nothing in this provision, however, is intended to
prohibit a State from applying NEPA early in the
decisionmaking making process for surface transportation
projects, including at the planning stage, if it so chooses.
Individual projects included in plans or programs continue to
be subject to NEPA.
Repeat Offenders
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1405 establishes a new program to address the
growing problem of repeat, hardcore drunk drivers with high
alcohol concentrations. The section requires States to enact
and enforce penalties for drunk drivers who have an alcohol
concentration of .15 or greater, and who have been convicted
of a second or subsequent drunk driving offense within 5
years. Minimum penalties shall include a license suspension
of not less than 1 year, an assessment of the individual's
abuse of alcohol and recommended treatment regimes as
appropriate, and either an assignment of 30 days community
service or 5 days of imprisonment.
States failing to enact or enforce the described minimum
penalties for repeat drunk drivers with high alcohol
concentrations by fiscal year 2000, will have 1\1/2\ percent
of their INHS and STP funds transferred to fund alcohol-
impaired driving programs. For fiscal year 2002 and 2003,
States that have failed to enact or enforce a repeat
intoxicated driver law will be required to transfer 3 percent
of their NHS and STP funds for alcohol-impaired driving
programs.
Conference substitute
The Conference adopts the Senate provisions with
modifications. Instead of withholding funds, the substitute
language the States in noncompliance to transfer funds to
safety programs.
Seat Belt Incentive Grant
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1406 establishes a new program to encourage States
to promote and increase seat belt usage in passenger motor
vehicles. This new program provides incentive grants to
States that either obtain a State seat belt use rate above
the national average, or increase the State seat belt usage.
The Secretary shall determine annually: 1) those States that
achieved a usage rate higher than the national average, and
the amount of Federal government budget savings from Federal
medical insurance programs associated with the higher seat
belt usage rate; or 2) those States that realized an increase
in the seat belt rate compared with the State's base rate,
and the resulting Federal government budget savings from
Federal medical insurance-programs.
Under this section, the Secretary is required to allocate
to each State in fiscal years 1999 through 2003 the amount of
Federal medical savings that resulted from either increases
in seat belt usage over the national average or increases
over the State's base rate. This section provides $60 million
for fiscal year 1998; $70 million for fiscal year 1999; $80
million for fiscal year 2000; $90 million for fiscal year
2001; and $100 million for each of fiscal years 2000 and
2003.
Conference substitute
The Conference adopts the Senate provision.
Scenic Byways Center, Duluth, Minnesota
House bill
Section 118(c) authorizes $1.5 million for each fiscal
years 1998 through 2003 to establish a center for national
scenic byways in Duluth, Minnesota. This center would provide
technical communications and network support for nationally
designated byway routes.
Senate amendment
The Senate contains no comparable provision.
Conference substitute
The Senate adopts the House provision. It is the Conferees
intent that the Center for the National Scenic Byways be
staffed by the regional planning agency located in
Northeastern Minnesota. The regional planning agency located
in Northeastern Minnesota has experience in transportation
planning, tourism planning, resource planning, economic
development and community planning. The regional planning
agency has demonstrated its ability to manage scenic byway
projects, develop a technical information network and provide
national leadership in supporting the National Scenic Byway
Program.
Wetland Restoration Pilot Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1503 authorizes the Secretary to establish a
national wetland restoration pilot program. This
discretionary pilot program shall fund restoration projects
to offset the degradation of wetlands resulting from highway
construction projects carried out before December 27, 1977.
The Secretary is required to submit a report on the results
of the program every three years. This provision provides
contract authority in the amount of $12 million for fiscal
year 1998; $13 million for fiscal year 1999; $14 million for
fiscal year 2000; $17 million for fiscal year 2001; $20
million for fiscal year 2002; and $24 million for fiscal year
2003 to carry out this program.
This section is devoted to historic losses of wetlands
only. Funds provided in this program are not intended to
reward State departments of transportation for knowingly
[[Page H3912]]
degrading wetlands through highway construction. Therefore,
the funds provided in this section are not to be used to
mitigate wetlands losses from current and future highway
projects or from projects carried out after December 1977.
Conference substitute
The Conference adopts the Senate provision.
TITLE II--HIGHWAY SAFETY
amendments to title 23
House bill
This section provides that, except as otherwise
specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provisions of law, the reference shall
be considered to be made to a section or other provision of
title 23, United States Code.
Senate amendment
Section 3002 provides that, unless otherwise provided,
statements of amendment or repeal in this title refer to
sections or provisions of title 23, United States Code.
Conference substitute
No provision is included.
sec. 2001. highway safety programs
House bill
Sec. 202. Highway Safety Programs.
Subsection (a) amends the highway safety program to include
uniform guidelines that prevent accidents. This subsection
also makes a technical and conforming amendment to the
highway safety program.
Subsection (b) makes several technical and conforming
amendments to section 402(b).
Subsection (c) amends section 402(c) to increase the
minimum annual apportionment to Indians (through the
Secretary of the Interior) from one-half of one percent to
three-fourths of one percent of the total apportionment under
the section.
Subsection (d) amends section 402(i) to allow section 402
grants to be made to Indian tribes in Indian Country. This
subsection also defines Indian Country.
Subsection (e) amends section 402(j) to delete rulemaking
requirements and instead directs the States to consider
highly effective programs that reduce crashes, injuries, and
deaths that have been identified by the Secretary when the
States develop their highway safety programs.
Senate amendment
Sec. 3101 continues the existing State and community
highway safety program, established under Section 402 of
title 23, United States Code, and amends the program as
follows:
Subsection (a), ``Uniform Guidelines,'' and Subsection (b),
``Administrative Requirements,'' make several technical and
conforming amendments to Sections 402 (a) and (b).
Subsection (c), ``Apportionment of Funds,'' makes one
technical correction to Section 402(c) and one substantive
amendment. To increase the effective delivery of the Section
402 program to the more than 500 Federally recognized Indian
tribes, an amendment is provided to raise the minimum annual
apportionment to the Indians (through the Secretary of the
Interior) from one-half of one percent to three-fourths of
one percent of the total apportionment under the section.
Subsection (d), ``Application in Indian Country,'' amends
Section 402 to allow Section 402 grants to be made to Indian
tribes in ``Indian Country.''
Subsection (e), ``Rulemaking Process,'' amends Section
402(j), which requires the periodic identification, by
rulemaking, of highway safety programs that are most
effective in reducing traffic crashes, injuries, and deaths.
Instead of requiring the States to direct the resources of
the national program to the fixed areas identified by this
rulemaking process, the amendment directs the States to
consider these highly effective programs when developing
their highway safety programs.
Section 3105 would amend Section 402(a) of title 23, U.S.
Code, to insert ``post-accident procedures, including the
enforcement of light transmission standards of glazing for
passenger motor vehicles and light trucks as necessary to
improve highway safety.''
Conference substitute
The conference agreement includes comparable provisions of
the House bill and Senate amendment. In addition, subsection
202(f) of the House bill allowing States to use section 402
funds to purchase television and radio time for public
service announcements is revised to include a requirement
that States which use funds for such purposes submit a report
to the Secretary on the effectiveness of the messages.
Section 3105 of the Senate amendment regarding enforcement
of window glazing standards is included in subsection (a)(3).
sec. 2002. highway safety research and development
House bill
Sec. 203. Highway Safety Research and Development.
This section amends section 403(a) relating to highway
safety research and development to provide additional
authority to the Secretary to engage in research focusing on
training in work zone safety management.
Senate amendment
Section 3104(a)(1) amends Section 403(b)(1) of title 23,
U.S. Code, to add a provision on programs to train law
enforcement officers on motor vehicle pursuits conducted by
police. Section 3104(a)(2), allows the Secretary to use, out
of the amounts appropriated to carry out section 403 of title
23, U.S. Code, such amounts as may be necessary to carry out
the motor vehicle pursuit training program of section
403(b)(1)(D) of title 23, U.S. Code, but not in excess of
$1,000,000 for each of fiscal years 1999, 2000, 2001, 2002,
and 2003.
Section 3104(b) directs that, not later than 180 days after
the date of enactment of this Act, the Attorney General of
the United States, the Secretaries of Agriculture, Interior,
Treasury, the Chief of Capitol Police, and the General
Services Administrator shall transmit a report to Congress on
their policy concerning motor vehicle pursuits, and a
description of their procedures for such training.
Subsection (h), ``Drugged Driver Research and Demonstration
Program,'' amends Section 403 (Highway Safety Research and
Development) of title 23, U.S. Code, to direct the Secretary
to do research on (1) the relationship between the
consumption and use of drugs and their effect on highway
safety and drivers; and (2) driver behavior research; and
measures that may deter drugged driving. Section 3103(1)(E),
noted below, authorizes $2 million for each of fiscal years
1999-2003 to carry out the drugged driving research and
demonstration programs under subsection (h).
Conference substitute
The Senate recedes to the House provision amending section
403(a) of title 23 regarding work zone safety management.
The House recedes with modifications to subsection 3101(h)
and section 3104 of the Senate amendment to amend section
403(b) regarding drugged driving and programs to train law
enforcement officers on motor vehicle pursuits conducted by
law enforcement officers. Not more than $2 million per fiscal
year from section 403 funds shall be available for drugged
driving activities and not more than $1 million per fiscal
year from section 403 funds shall be available for motor
vehicle pursuit activities.
sec. 2003. occupant protection incentive grants
House bill
Sec. 204. Occupant Protection Incentive Grants.
This section establishes a new occupant protection
incentive grant program under section 405 of title 23, United
States Code. The Secretary is authorized to make grants to
States that adopt and implement effective laws and programs
aimed at increasing safety belt and child safety seat use.
New subsection 405(a) sets forth the general authority to
make grants to states; requires maintenance of effort by
States receiving such grants; sets forth a six-year maximum
period of maximum eligibility and a federal share of 75
percent in the first two years a state receives a grant,
50 percent in the third and fourth years, and 25 percent
in the fifth and sixth years.
New subsection 405(b) sets forth criteria for Grant A. A
state must meet at least five (and beginning in fiscal year
2001, six) of the following: (1) a law that makes it unlawful
throughout the State the operation of a passenger motor
vehicle whenever a person (other than a child who is secured
in a child restrain system) in the front seat of a vehicle
(and beginning in fiscal year 2000, in any seat in the
vehicle) does not have a safety belt properly secured about
the person's body; (2) a provision in its safety belt use law
that provides for its primary enforcement; (3) the State
imposes a minimum fine or penalty points against an
individual's driver's license for a violation of the State's
safety belt use law; (4) a law requiring children up to four
years of age to be properly secured in a child safety seat in
all appropriate seating positions in all passenger motor
vehicles; (5) a Statewide special traffic enforcement program
that includes emphasis on publicity for the program; (6) a
Statewide comprehensive child occupant protection education
program; and (7) a law that a child up to 10 years of age
(and beginning in 2003 a child up to 16 years of age) is
properly restrained.
New subsection 405(c) sets forth criteria for Grant B: A
State must: (1) demonstrate a Statewide safety belt use rate
in both front outboard seating positions in all vehicle types
of 80 percent or higher in each of the years a grant is
received; and (2) follow safety belt use survey methods which
conform to guidelines issued by the Secretary ensuring that
such measurements are accurate and representative.
New subsection 405(d) provides that States that meet the
criteria for grants A or B would receive, for each grant, up
to 30 percent of its fiscal year 1997 apportionment under
section 402, of title 23, United States Code.
New subsection 405(e) defines the terms ``child safety
seat,'' ``motor vehicle,'' ``multipurpose passenger
vehicle,'' ``passenger vehicle,'' and ``safety belt.''
New subsection 405(f) provides that administrative expenses
are limited to 5 percent of program funds.
New subsection 405(g) provides that funding for the program
is provided with contract authority and the non-Federal share
may be provided through credits for State and local
expenditures. The Secretary also has the authority to
increase the Federal share for certain Indian tribe programs.
The Secretary of Interior is authorized to receive funds made
available for Indian tribe programs.
[[Page H3913]]
Senate amendment
Section 3103(g) amends title 23, U.S. Code, to establish a
new occupant protection inventive program under Section 410
of title 23 (``Safety belts and occupant protection
programs''), to encourage States to increase their level of
effort and implement effective laws and programs aimed at
increasing safety belt and child safety seat use. The new
Section 410 contains two subsections--subsection (a) and
subsection (b).
Under Section 410(a), a State may establish its eligibility
for one or both of two basic occupant protection grants--A
and B--by adopting or demonstrating certain criteria, as
appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A under
paragraph (1), a State must adopt or demonstrate at least 4
of the 6 following: (1) a law that makes unlawful throughout
the State the operation of a passenger motor vehicle whenever
a person in the front seat of the vehicle (other than a child
who is secured in a child restraint system) does not have a
safety belt properly secured about the person's body; (2) a
provision in its safety belt use law that provides for its
primary enforcement; (3) a law requiring minors who are
riding in a passenger motor vehicle to be properly secured in
a child safety seat or other appropriate restraint system;
and, an effective public awareness program that advocates
placing passengers under the age of 13 in the back seat of a
motor vehicle equipped with a passenger-side air bag whenever
possible; (4) demonstrates implementation of a statewide
comprehensive child occupant protection education program
that includes education about proper seating positions for
children in air bag-equipped motor vehicles and instruction
on how to reduce the improper use of child restraint systems,
and submits to the Secretary an evaluation or report on the
effectiveness of the programs at least 3 years after receipt
of the grant; (5) a minimum fine of at least $25 for
violations of its safety belt use law and a minimum fine of
at least $25 for violations of its child passenger protection
law; and (6) a statewide occupant protection Special Tariff
Enforcement Program (STEP) that includes emphasis on
publicity for the program.
To establish eligibility for the second basic grant B under
paragraph (2), a State must: (1) demonstrate a statewide
safety belt use rate in both front outboard seating positions
in all passenger motor vehicles of 80 percent or higher in
each of the first three years a grant is received, and of 85
percent or higher in each of the fourth, fifth, and sixth
years a grant is received; and (2) follow safety belt use
survey methods which conform to guidelines issued by the
Secretary ensuring that such measurements are accurate and
representative.
States that meet the criteria for a basic grant under
paragraph (1) or (2) would receive, for each grant, up to 20
percent (up to 40 percent if they qualify for both) of their
fiscal year 1997 apportionment under Section 402 of Title 23,
United States Code.
States that meet the criteria for one or both of the two
basic grants also would be eligible to receive supplemental
grants for one or more of the following: (1) requiring the
imposition of penalty points against a driver's license for
violations of child passenger protection requirements; (2)
having no non-medical exemptions in effect in their safety
belt and child passenger protection laws; (3) having in
effect a law that requires safety belt use by all rear-seat
passengers in all passenger motor vehicles with a rear seat.
For each supplemental grant criterion that is met, a State
would receive an amount up to 5 percent of its Section 402
apportionment for fiscal year 1997. Definitions are provided
for ``child safety seat,'' ``motor vehicle,'' ``multipurpose
passenger vehicle,'' ``passenger car,'' ``passenger motor
vehicle,'' and ``safety belt.''
Under Section 410(b), subject to the availability of
appropriations, the Secretary may make a grant to a State
that demonstrates the implementation of a Child Occupant
Protection Education Program, described in subsection
(a)(1)(D), that submits an application, in the form and
manner as the Secretary may prescribe, that is approved by
the Secretary to carry out activities specified in
subparagraph (B) through: (1) the child occupant protection
program of the State, described in subsection (a)(1)(D); and
(2) at the option of the State, a grant program established
by the State to provide for carrying out of 1 or more of the
activities specified in subparagraph (B) by a political
subdivision of the State or an appropriate private entity.
Funds provided to a State under a grant under this
subsection shall be used to implement child restraint
programs specified under subparagraph (B), which specifically
include programs that: (1) are designed to prevent deaths and
injuries to children under the age of 9; and (2) educate the
public concerning all aspects of the proper installation of
child restraints using standard seatbelt hardware,
supplemental hardware, and modification devices (if needed),
including special installation techniques; and appropriate
child restraint design, selection and placement; and harness
threading and harness adjustment; and train and retrain child
passenger safety professionals, police officers, fire and
emergency medical personnel, and other educators concerning
all aspects of child restraint use.
The Secretary may make a grant under this subsection
without regard to whether a covered State, described in
subsection without regard to whether a covered State,
described in subsection (a)(1)(D), is eligible to receive, or
has received, a grant under subsection (a).
The appropriate official of each State that receives a
grant under this subsection shall prepare, and submit to the
Secretary, an annual report for the period covered by the
grant. This report shall contain such information as the
Secretary may require; and at a minimum, describe the program
activities undertaken with the grant funds. Also, not later
than 1 year after the date of the enactment of this
provision, and annually thereafter, the Secretary shall
prepare, and submit to Congress, a report on the
implementation of this subsection that includes a description
of the programs undertaken and materials developed and
distributed by the States that receive grants under this
subsection.
Separate authorizations are provided to carry out
subsection (b) of $75,500,000 for each of fiscal years 1999
and 2000.
Conference substitute
The conference agreement includes provisions from the House
bill and the Senate amendment. A State is eligible to receive
a grant if it meets 4 of the following criteria: (1) a law
that makes it unlawful to operate a vehicle whenever an
individual in the front seat (and beginning in the year
2001, any seat) of a vehicle does not have a seat belt
properly secured; (2) the State provides enforcement of
its safety belt use laws; (3) the State imposes minimum
fines or provides for penalty points for violations of its
safety belt use laws or child passenger protection laws;
(4) the State has implemented a statewide enforcement
program; (5) the State has implemented a statewide
comprehensive child passenger protection education
program; and (6) the State has in effect a law that
requires minors to be properly secured in a child seat or
other appropriate restraint system. It is noted that
States have differing laws regarding the age of ``minors''
and the provision should be implemented in a flexible
manner to reflect these differences.
A qualifying State may receive a grant amount of up to 25
percent of amounts it received in fiscal year 1997 under
section 402.
The conference agreement does not include the performance-
based incentive grants since a $500 million performance based
incentive grant is established in Title I.
The House recedes with modifications to subsection 2003(b)
of the Senate amendment authorizing a two-year, $15 million
general fund program to provide grants to states for child
passenger protection education programs. The Senate provision
is amended to require a 20 percent non-Federal match for any
grant funds received by a State and annual reporting
requirements are revised to require a report to the Secretary
by any State receiving a grant and a report from the
Secretary to Congress to be submitted not later than June 1,
2002.
sec. 2004. alcohol-impaired driving countermeasures.
House bill
Sec. 205. Alcohol-Impaired Driving Countermeasures.
This section amends the current section 410 to establish a
new comprehensive drunk and impaired driving countermeasures
incentive program to encourage States to increase their level
of effort and implement effective programs aimed at deterring
the drunk driver.
New subsection 410(a) sets forth the general authority for
the Secretary to make grants.
New subsection 410(b) requires maintenance of effort by
States receiving a grant.
New subsection 410(c) sets forth a six-year maximum period
of eligibility and a federal share of 75 percent in the first
two years a State receives a grant, 50 percent in the third
and fourth years, and 25 percent in the fifth and sixth
years.
New subsection 410(d)(1) establishes criteria for basic
grant A. A State must adopt or demonstrate at least 5 of the
following: (1) a State law that provides that an individual
with a blood alcohol concentration (BAC) of 0.08 percent or
greater while operating a motor vehicle is deemed to be
driving while intoxicated; (2) an administrative driver's
license suspension or revocation system for drunk drivers;
(3) an effective system for preventing drivers under age 21
from obtaining alcoholic beverages and preventing persons
from making alcoholic beverages available to individuals
under age 21; (4) a Statewide program for stopping vehicles
on a nondiscriminatory basis or a Statewide impaired driving
special traffic enforcement program that includes emphasis on
publicity for the program; (5) effective sanctions for repeat
offenders convicted of driving while under the influence of
alcohol; (6) programs to target individuals with high BAC
while operating a motor vehicle; (7) programs to reduce
driving while under the influence of alcohol by individuals
age 21 through 34; and (8) an effective system for increasing
the rate of BAC testing in fatal accidents and by the year
2000 achieves a rate of testing equal to or greater than the
national average.
New subsection 410(d)(2) establishes criteria for basic
grant B. A State must adopt or demonstrate to the
satisfaction of the Secretary that (1) its percentage of
fatally injured drivers with 0.10 percent or greater BAC has
decreased in each of the 3 most recent calendar years for
which statistics for determining such percentages are
available;
[[Page H3914]]
and (2) that percentage has been lower than the average
percentage for all States in each of such calendar years.
New subsection 410(e) provides that States that meet the
criteria for a basic grant would receive, for each grant, up
to 30 percent of its fiscal year 1997 apportionment under
section 402.
New subsection 410(e) authorizes the Secretary to make
discretionary grants to States carrying out innovative
programs to reduce traffic safety problems resulting from
individuals driving while under the influence of alcohol or
controlled substances. A State is eligible to receive a
discretionary grant only if the State is eligible to receive
a basic grant A or B under this section. The amounts made
available to carry out the discretionary grants may not
exceed 12 percent of the total funds available for section
410.
New subsection 410(f) provides that administrative expenses
for carrying out this section may not exceed 5 percent of the
funds authorized to be appropriated for this section.
New subsection 410(g) provides that funding made available
under this section would be contract authority. The Secretary
is authorized to credit certain amounts of state and local
expenditures toward the non-Federal share of the project
under this section. The Federal share of the cost of the
program for Indian tribes may be increased. Amounts made
available for the Indian tribe program will be administered
through the Secretary of the Interior.
New subsection 410(h) defines the terms ``alcoholic
beverage,'' ``controlled substances,'' ``motor vehicle,'' and
``open alcoholic beverage container.''
Senate amendment
Subsection 3101(f) amends Section 402 to establish a
comprehensive drunk and impaired driving incentive program to
encourage States to increase their level of effort and
implement effective programs aimed at deterring the drunk
driver. The new program is similar in structure to that of
the existing Section 410 drunk driving prevention incentive
program, established under Section 410 of Title 23, United
States Code, and would replace the Section 410 program.
A State may establish its eligibility for one or more of
three basic alcohol impaired-driving countermeasure grants--
A, B, and C--by adopting or demonstrating certain criteria,
as appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A under
paragraph (1), a State must adopt or demonstrate at least 7
of 9 of the following: (1) a law that provides for a per se
law setting .08 BAC level as intoxicated; (2) an
administrative driver's license suspension or revocation
system for drunk drivers; (3) an effective underage drinking
program for preventing operators of motor vehicles under age
21 from obtaining alcoholic beverages; (4)(A) a statewide
program for stopping motor vehicles on a nondiscriminatory,
lawful basis to determine whether the operators are driving
while under the influence of alcohol, or (B) a statewide
impaired driving Special Traffic Enforcement Program (STEP)
that includes emphasis on publicity for the program; (5)
effective sanctions for repeat offenders convicted of driving
while intoxicated or driving under the influence of alcohol;
(6) a three-tiered graduated licensing system for young
drivers that includes nighttime driving restriction,
requiring that all vehicle occupants to be properly
restrained, and providing that all drivers under age 21 are
subject to zero tolerance at .02 percent BAC or greater while
operating a motor vehicle; (7) programs targeting persons
with high blood alcohol concentrations (BAC) who operate a
motor vehicle; (8) young adult programs to reduce driving
while under the influence of alcohol by persons age 21
through 34; and (9) an effective system for increasing the
rate of testing for blood alcohol concentration of motor
vehicle operators at fault in fatal crashes.
To establish eligibility for the second basic grant B under
paragraph (2), a State must adopt either an administrative
driver's license suspension or revocation system for drunk
drivers, or a law that provides for a per se law setting .08
BAC level as intoxicated.
To establish eligibility for the third basic grant C under
paragraph (3), a State must demonstrate that its percentage
of fatally injured drivers with 0.10 percent or greater blood
alcohol concentration has both: (1) decreased in each of the
3 most recent calendar years for which statistics for
determining such percentages are available; and (2) been
lower than the average percentage for all States in each of
such calendar years.
States that meet the criteria for a basic grant under
paragraphs (1), (2) or (3) would receive, for each grant, up
to 15 percent (up to 30 percent if they qualify for two, and
up to 45 percent if they qualify for all three) of their
fiscal year 1997 apportionment under Section 402 of Title 23,
United States Code.
States that meet the criteria for any one or more of the
three basic grants also would be eligible to receive
supplemental grants for one or more of the following: (1)
making it unlawful to possess open containers of alcohol in
the passenger area of motor vehicles (excepting charter
buses) while on the road; (2) adopting a mandatory BAC
testing program for drivers in crashes involving fatalities
or serious injuries; (3) videotaping of drunk drivers by
police; (4) adopting and enforcing a ``zero tolerance'' law
providing that any person under age 21 with a BAC of .02 or
greater when driving a motor vehicle shall be deemed driving
while intoxicated or driving under the influence of alcohol,
and further providing for a minimum suspension of the
person's driver's license of not less than 30 days; (5)
requiring a self-sustaining impaired driving program; (6)
enacting and enforcing a law to reduce incidents of driving
with suspended licenses; (7) demonstrating an effective
tracking system for alcohol-impaired drivers; (8) requiring
an assessment of persons convicted of abuse of controlled
substances, and the assignment of treatment for all DWI and
DUI offenders; (9) implementing a program to acquire passive
alcohol sensors to be used by police in detecting drunk
drivers; and (10) enacting and enforcing a law that provides
for effective penalties or other consequences for the sale or
provision of alcoholic beverages to a person under 21. For
each supplemental grant criterion that is met, a State would
receive, in no more than two fiscal years, an amount up to 5
percent of its Section 402 apportionment for fiscal year
1997. Definitions are provided for ``alcoholic beverage,''
``controlled substances,'' ``motor vehicle,'' and ``open
alcoholic beverage container.''
Conference substitute
The conference agreement includes provisions of both the
House bill and Senate amendment. A State is eligible to
receive a grant under section 410 if it meets five of the
following criteria: (A) an administrative license suspension
or revocation system for drunk drivers; (B) an effective
underage drinking program; (C) a statewide program for
stopping vehicles on a non-discriminatory, lawful basis or a
Statewide impaired driving special traffic enforcement
program that includes emphasis on publicity for the program;
(D) graduated licensing systems; (E) programs to target
drivers with high BACs; (F) programs to reduce driving under
the influence by young adults age 21 through 34; and (G) an
effective system for increasing the rate of BAC testing and,
by the year 2001, a rate of testing that is equal to or
greater than the national average.
The conference agreement does not include a .08 BAC
criteria since a $500 million .08 incentive program is
included in Title I.
A qualifying State may receive a grant of up to 25 percent
of amounts it received in fiscal year 1997 under section 402.
The conference agreement also authorizes the Secretary to
make supplemental grants. The provision includes several of
the Senate items and includes a new broad criteria. The
Secretary should use the supplemental grants to assist States
in developing innovative programs. The Secretary may
determine the amount of each supplemental grant and is not
required to provide the same amount for each grant.
The conference agreement provides that the amendments to
section 410 of title 23, United States Code, take effect on
October 1, 1998 so that funding provided for the remainder of
fiscal year 1998 are subject to the current section 410
program requirements.
sec. 2005. highway safety data improvements
House bill
Sec. 206. This section amends section 406 to create a new
State highway safety data improvement incentive grant program
to encourage States to take effective actions to improve the
timeliness, accuracy, completeness, uniformity, and
accessibility of the data they need to identify the
priorities for national, State and local highway and traffic
safety programs, to evaluate the effectiveness of such
efforts, to link these data, including traffic records,
together and with other data systems within the State, such
as medical and economic data, and to improve the
compatibility of State systems with national and other
States' data systems.
The Secretary, in consultation with States and other
appropriate parties, is directed to develop model data
elements for States' systems. It should be noted that
subsection (b) regarding model data elements and that States'
plans should demonstrate how the model data elements will be
incorporated is not to be interpreted as requiring States to
immediately adopt uniform data. The Committee realizes that
uniform data systems and reporting may necessitate such
changes as modifying computer systems and redesigning police
reports. This is a long term goal and the provision directs
the State to identify steps it will take to move toward the
goal.
The States that receive a grant in any fiscal year must
enter into an agreement with the Secretary to ensure that the
State will maintain its aggregate expenditures from all other
sources for highway safety data programs at or above the
average level of such expenditures in its two fiscal years
prior to the date of enactment of this section.
The maximum period of eligibility for a State to receive a
grant would be six years, beginning after September 30, 1997.
States that meet the criteria for receipt of a grant would
receive grants that would be funded through a declining
federal share.
A State would be eligible for a first-year grant in a
fiscal year if it demonstrates that it has (1) established a
highway safety data and traffic records coordinating
committee with a multi-disciplinary membership; (2) completed
a highway safety data and traffic records assessment or audit
of its highway safety data and traffic records system; and
(3) initiated the development of a strategic plan that
identifies and prioritizes the State's highway safety data
and traffic
[[Page H3915]]
records needs and goals, and performance-based measures by
which progress toward those goals will be determined.
A State also would be eligible for a first-year grant in a
fiscal year if it provides (1) certification that it has met
the requirements of (1) and (2) listed above; and (2) a
multi-year plan that identifies and prioritizes the State's
highway safety data and traffic records needs and goals, that
specifies how its incentives funds will be used to address
those needs and the goals of the plan, and that identifies
performance-based measures by which progress toward those
goals will be determined; and (3) certification that the
highway safety data and traffic records coordinating
committee continues to operate and support the multi-year
plan.
A State that meets certain criteria for a first-year grant
would receive up to $125,000, based on available
appropriations. A State that meets the additional criteria
for a first-year grant would receive an amount equal to a
proportional amount of the amount apportioned to the State
for fiscal year 1997 under section 402, except that no State
would receive less than $225,000.
A State would be eligible for a grant in any fiscal year
succeeding the first fiscal year in which they receive a
State highway safety improvement grant if the State (1)
submits or updates a multi-year plan that identifies and
prioritizes the State's highway safety data and traffic
records needs and goals, that specifies how its incentive
funds for the fiscal year will be used to address those needs
and the goals of the plan, and that identifies performance-
based measures by which progress toward those goals will be
determined; (2) certifies that its highway safety data and
traffic records coordinating committee continues to support
the multi-year plan; and (3) reports annually on its progress
in implementing the multi-year plan.
A State that meets the criteria for a succeeding-year grant
in any fiscal year would receive an amount equal to a
proportional amount of the amount apportioned to the State
for fiscal year 1997 under section 402 of title 23, except
that no State shall receive less than $225,000 based on
available appropriations.
Administrative expenses for carrying out this section may
not exceed 5 percent of the funds authorized to be
appropriated. The funding for grants provided under this
section is provided with contract authority and the non-
Federal share may be provided through credits for State and
local expenditures. The Secretary also has the authority to
increase the Federal share for certain Indian tribes. The
Secretary of the Interior is authorized to receive funds made
available for Indian tribe programs.
Senate amendment
Sec. 3101(f). The Senate bill contains a similar provision
with two differences. It includes a provision authorizing the
Secretary to award States that do not meet the first-year
eligibility criteria up to $25,000 to assist their efforts to
qualify in the next fiscal year. The Senate bill does not
include a provision on model data elements.
Conference substitute
The Conference merges the House and Senate provisions by
retaining the House model data elements and the Senate
$25,000 grants for States that do not meet the eligibility
criteria. The Conference emphasizes that while the Secretary
should assist States trying to meet the eligibility criteria,
the $25,000 grants are available to each State only once. If
the State fails to qualify for a regular grant the next year,
it would not be eligible for an additional $25,000.
The Conference also replaces the word ``causation'' with
``circumstances'' in recognition that determining accident
causation precisely is difficult, even when adequate data are
available. Collection of data on crash circumstances,
however, will contribute to our ability to understand crash
causation and identify potentially effective countermeasures.
sec. 2006. national driver register
House bill
Sec. 207. Subsection (a) amends section 30302 (``National
Driver Register'') by adding a new subsection (e). Under
subsection (e), the Secretary would be authorized to enter
into an agreement with an organization that represents the
interests of the States to manage, administer, and operate
the National Driver Register's (NDR) computer timeshare and
user assistance functions. The Secretary is required to
demonstrate that any transfer of these functions will begin
only after the Secretary makes a determination that all
States are participating in the NDR's ``Problem Driver
Pointer System'' and that the system is functioning properly.
Any agreement entered into to transfer these functions shall
include a provision for a transition period to allow the
States time to make any budgetary and legislative changes
needed in order to pay fees for using these functions. The
fees charged by the organization representing the interests
of the States in any fiscal year for the use of these
functions shall not exceed the organization's total cost for
performing these functions in that fiscal year.
Subsection (b)(1) amends Section 30305(b) to make technical
conforming amendments.
Subsection (b)(2) amends section 30305(b) to add two
substantive provisions. The first would eliminate a
deficiency in the NDR by extending participation to federal
departments or agencies that both issue motor vehicle
operator's licenses and transmit reports on individuals to
the NDR over whom the department or agency has such licensing
authority. The reports on these individuals transmitted by
the federal department or agency must contain the identifying
information specified in subsection 30304(b).
Subsection (b) also would allow federal agencies authorized
to receive NDR information to request and receive the
information directly from the NDR, instead of through a
State. The statute currently requires these agencies to
submit all NDR inquiries through a State.
Subsection (c) directs the Secretary to evaluate the
implementation of the NDR and motor carrier and commercial
driver license information systems and identify alternatives
to improve the ability of States to exchange information
about unsafe drivers. The subsection further directs the
Secretary to conduct an assessment, with the American
Association of Motor Vehicle Administrators, of available
technologies to improve access to and exchange of such
information. The assessment may consider alternatives to
facilitate matching drivers and their records.
Senate amendment
Sec. 3102. the Senate bill contains a nearly identical
provision, but does not include the assessment and evaluation
of alternatives to improve the exchange of driver
information.
Conference substitute
The Conference adopts the House provision.
sec. 2007. safety studies
House bill
Sec. 208. Subsection (a) authorizes the Secretary to
conduct a study on the benefit to public safety of blowout-
resistant tires on commercial motor vehicles.
Subsection (b) authorizes the Secretary to conduct a study
to assess occupant safety in school buses.
Subsection (c) requires the Secretary to report the results
of each study to Congress not later than two years after the
date of enactment.
Subsection (d) authorizes the Secretary to expend no more
than $200,000 to conduct each study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification that the funds for these studies shall come from
funds authorized for highway safety research and development.
sec. 2008. effectiveness of laws establishing maximum blood alcohol
concentrations
House bill
Sec. 209. Subsection (a) directs the Comptroller General to
conduct a study to evaluate the effectiveness of State .08
and .02 BAC laws in reducing the number and severity of
alcohol-related crashes.
Subsection (b) requires the Comptroller General to report
to the Congress within two years the results of the BAC
study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification to the Senate committee receiving the report.
sec. 2009. authorizations of appropriations
House bill
Sec. 210. This section provides authorizations for the
section 402 program; the section 403 programs; the occupant
protection, alcohol-impaired driving, and highway safety data
incentive grants; and the NDR.
For the NHTSA section 402 safety program, in fiscal year
1998, $128.2 million is provided; for fiscal year 1999,
$150.7 million is provided; for each of fiscal years 2000
through 2003, $195.7 million is provided.
For the FHWA section 402 safety program, in fiscal year
1998, $12 million is provided; for fiscal year 1999, $20
million is provided; for each of fiscal years 2000 through
2003, $25 million is provided.
For NHTSA section 403 research and development, $55 million
is authorized for each of fiscal years 1998 through 2003.
For NHTSA section 403 research and development, $20 million
is authorized for each of fiscal years 1998 through 2003.
For occupant protection incentive grants, in fiscal year
1998, $9 million is provided; in each of fiscal years 1999
through 2003, $20 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $35 million is provided; in each
of fiscal years 1999 through 2003; $45 million is provided.
For state highway safety data incentive grants, in fiscal
year 1998, $2.5 million is provided; in each of fiscal years
1999 through 2003, $12 million is provided.
For the National Driver Register, $2.3 million is provided
for each of fiscal years 1999 through 2003.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Senate amendment
Sec. 3103. The section authorizes funds for the section 402
program; the alcohol-impaired driving countermeasures
incentive grants; the occupant protection incentive grants;
the State highway safety data and
[[Page H3916]]
traffic records improvements incentive grants; highway safety
research; public education; and the NDR.
For the section 402 safety program, in fiscal year 1998,
$117.9 million is provided; for fiscal year 1999, $123.5
million is provided; for fiscal year 2000, $126.9 million is
provided; for fiscal year 2001, $130.4 million is provided;
for fiscal year 2002, $133.8 million is provided; for fiscal
year 2003, $141.8 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $30.6 million is provided; for
fiscal year 1999, $28.5 million is provided; for fiscal year
2000, $29.3 million is provided; for fiscal year 2001, $30.1
million is provided; for fiscal year 2002, $38.7 million is
provided; for fiscal year 2003, $39.8 million is provided.
For occupant protection program incentive grants, in fiscal
year 1998, $13.9 million is provided; for fiscal year 1999,
$14.6 million is provided; for fiscal year 2000, $15.0
million is provided; for fiscal year 2001, $15.4 million is
provided; for fiscal year 2002, $17.6 million is provided;
for fiscal year 2003, $17.7 million is provided.
For state highway safety data improvements incentive
grants, in fiscal year 1998, $8.4 million is provided; for
fiscal year 1999, $8.8 million is provided; for fiscal year
2000, $9.0 million is provided; for fiscal year 2001, $9.2
million is provided.
For drugged driving research and demonstration programs,
$2.0 million is provided for each fiscal year, 1999 through
2003.
For highway safety research, $60.1 million is provided for
each fiscal year, 1998 through 2002; and $61.7 million is
provided for fiscal year 2003.
For programs to educate the motoring public on how to share
the road safety with commercial motor vehicles, $500,000 is
provided for each fiscal year 1998 through 2003.
For the National Driver Register, in fiscal year 1998, $1.6
million is provided; for fiscal year 1999, $1.7 million is
provided; for fiscal year 2000, $1.7 million is provided; for
fiscal year 2001, $1.8 million is provided; for fiscal year
2002, $1.8 million is provided; and for fiscal year 2003,
$1.9 million is provided.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Conference substitute
The section authorizes funds for the section 402 program;
highway safety research and development; the occupant
protection incentive grants; the alcohol-impaired driving
countermeasures incentive grants; the State highway safety
data and traffic records improvements incentive grants; the
NDR; and public education.
For the NHTSA and FHWA section 402 safety program, a total
of $932.5 million is provided for fiscal years 1998 through
2003.
For NHTSA and FHWA highway safety research, $72 million is
provided for each fiscal year, 1998 through 2003.
For occupant protection incentive grants, a total of $68
million is provided for each fiscal years 1999 through 2003.
For alcohol-impaired driving countermeasures incentive
grants, a total of $219.5 million is provided for fiscal
years 1998 through 2003.
For state highway safety data improvements incentive
grants, a total of $32 million for fiscal years 1999 through
2002 is provided.
For the National Driver Register, a total of $12 million is
provided for fiscal years 1998 through 2003.
For research related to the effects of drugs and driver
behavior and measures to deter drugged driving $2 million per
fiscal year is available.
For programs to train law enforcement officers on motor
vehicle pursuits $1 million per fiscal year is available.
For programs to educate the motoring public on how to share
the road safely with commercial motor vehicles, $500,000 is
provided for each fiscal year 1998 through 2003. Because many
motorists are unaware of the limitations of large commercial
vehicles and the driving practices that could help improve
their safety, the Committee believes it is essential to
support a national public education program on sharing the
road safely. Recognizing that such a national program has
been undertaken by the Federal Highway Administration, the
Committee believes the greatest safety benefit and efficiency
would be achieved by FHWA continuing and improving its
current ``share the road'' public education campaign. The
Committee expects that the National Highway Traffic Safety
Administration will transfer $500,000 each year from Section
403 funds as designated under this section to the Federal
Highway Administration for this purpose.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
sec. 3001. short title
House provision
No provision in House bill.
Senate amendment
This title to be cited as the Federal Transit Act of 1997.
Conference report
The title to be cited as the Federal Transit Act of 1998.
sec. 3002. amendments to title 49
House provision
Section 301 provides that, unless stated otherwise, all
references in this title to a section or other provision of
law are to title 49 of the United States Code.
Senate amendment
No provision included.
Conference report
Adopts House proposal.
sec. 3003. definitions
House provision
Section 302 amends section 5302 of title 49 to expand the
definition of ``capital project'' to include transit-related
intelligent transportation systems, preventive maintenance,
leasing of equipment or facilities for use in mass
transportation under certain circumstances, and certain mass
transportation improvements that enhance economic development
or incorporate private investment. It also defines preventive
maintenance, public transportation, transit, and transit
enhancement.
Senate amendment
Section 5003 expands and clarifies the definition of
capital project under section 5302(a)(1) to add preventive
maintenance and intelligent transportation systems. It also
brings together existing capital provisions on leasing of
transit equipment and facilities, the deployment of new
technology, and joint development activities into the
broadened capital definition. Joint development is expanded
to include safety elements and community services as eligible
activities.
Making preventive maintenance an eligible capital expense
gives transit operators greater flexibility and helps to
ensure that the federal investment is properly maintained.
Preventive maintenance does not include routine or servicing
activities or repairing damage caused by an accident.
This section also enables small urbanized areas, which are
defined as having a population between 50,000 and 200,000, to
use any funding distributed under the urbanized area formula
program for either operating or capital expenses. This
enhanced flexibility mirrors that which is currently provided
to rural areas (populations under 50,000).
Conference report
Adopts Senate provision for preventive maintenance,
deployment of new technology, and joint development. Adopts
House provision for transit-related intelligent
transportation systems and leasing.
sec. 3004. metropolitan planning
House provision
Section 303 amends section 5303(b) of title 49 to repeal
the current planning factors and replace them with goals and
objectives of the metropolitan planning process. The
metropolitan planning organization shall cooperatively
determine with the State and mass transit operators how the
goals and objectives considered are translated into
metropolitan goals and objectives and factored into decision
making.
This section allows the metropolitan planning organization
to include, for illustrative purposes, additional projects
that would be included in the long range transportation plan
if reasonable additional resources were available. It also
amends section 5303(f) to add freight shippers and providers
of freight transportation services to the list of persons
metropolitan planning organizations are required to give an
opportunity to comment on the long range transportation plan.
Senate amendment
Section 5004 amends the current metropolitan planning
provisions in sections 5303, 5304, and 5305 and adds a new
section 5305a on Statewide Planning. This new section largely
parallels the statewide planning provisions in the highway
laws, and is included as a separate provision in the transit
laws.
This section retains the requirement that MPOs follow the
ISTEA planning process outlined in the law. It replaces the
16 individual planning factors in current law with a broader
list of seven national goals and factors for the MPOs to
consider, and retains consideration of land use. This section
clarifies that consideration of these seven factors applies
to the planning process as a whole, not separately to each
project under review.
This section adds language directing the MPOs to cooperate
with the state and transit operators, through a public
process, to establish goals and propose programs relating to
these factors. It adds freight shippers to the list of those
who can comment on plans and transportation improvement
programs. These same changes are included in the Statewide
Planning provisions.
This section retains the requirement that the
transportation plans be fiscally constrained. It requires
MPOs to identify the funding source for projects that are
proposed for the regional transportation plan.
There is new language directing MPOs to bring together the
wide range of transportation services being provided within
the region, many of which are funded either directly or
indirectly by federal programs other than the Department of
Transportation (DOT). The intent of the Committee is to
encourage the participation of these non-DOT funded
transportation services, either through individual or
representative organizations, in coordinating regional
transportation services. An analogous provision is included
in the Statewide Planning provisions. The Committee
recognizes elsewhere in the bill the importance of
coordinating these transportation services. Indeed, the
Department of Health and Human Services (HHS)
[[Page H3917]]
and DOT have a long-standing Coordinating Council which is
evaluating the departments' current coordination strategies.
The objectives of this coordination include: joint
identification of human service client transportation needs
and the appropriate mix of transportation services to meet
those needs; the expanded use of public transit services to
deliver human services program transportation; and cost-
sharing arrangements for HHS program clients transported by
ADA paratransit systems based on a uniform accounting system.
This section adds new language for publication of
information in the 3-year transportation improvement program
and the annual selection of projects.
Conference report
Adopts Senate proposal on metropolitan planning and
includes the representatives of the users of public transit
among those to be consulted in the planning process and for
enhanced publication of information on project selection. The
Senate proposal for a separate statewide planning provision
in the transit laws is not adopted.
sec. 3005. transportation improvement program
House provision
This section amends section 5304 of title 49 to require
that the transportation improvement program (TIP) be updated
at least once every three years. It also provides that the
TIP may include, for illustrative purposes, projects that
would be included in the plan if reasonable additional
resources were available.
Senate amendment
This section of the legislation requires that any
metropolitan planning organization that is classified as a
transportation management area and is redesignated after the
enactment of this Act, shall include representatives of the
users of public transit.
Conference report
Adopts Senate provision to include representatives of the
users of public transit to be consulted in the planning
process, and adopts House provision for illustrative list.
sec. 3006. transportation management areas
House provision
This section amends section 5305 to add projects under the
high risk road safety program to the list of projects
selected by the State in consultation with the metropolitan
planning organization. This section also makes a technical
amendment to section 5305.
Senate amendment
Section 5004 makes technical changes to section 5305 and
permits the Secretary to make conditional certifications of
metropolitan planning organizations.
Conference report
Provisions substantially the same.
SEC. 3007. URBANIZED AREA FORMULA GRANTS
House provision
Section 306 amends section 5307 of title 49 to change the
name of the sections and to make a conforming amendments to
the table of sections. It makes technical amendments to
section 5307(a) of title 49, and amends section 5307(b)(1) to
provide that the Secretary may make grants to finance the
operating cost of equipment and facilities only to urbanized
areas with populations of less than 200,000. It repeals
sections 5307(b)(3) and 5307(b)(5). It also provides that of
the funds apportioned each fiscal year to urbanized areas
with populations of 200,000 or more under section 5336, at
least two percent shall only be for transit enhancement
activities.
Senate amendment
Section 5003 provides flexibility for small urbanized areas
to use their formula funds for either capital or operating
assistance.
Conference report
Adopts House provision.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM
House provision
No provision in House bill.
Senate amendment
Section 5007 creates a new Clean Fuels formula grant
program, with an annual funding authorization of $200
million. This program will assist transit systems in
purchasing low emissions buses and related equipment,
constructing alternative fuel fueling facilities. modifying
existing garage facilities to accommodate clean fuel vehicles
and assisting in the utilization of biodiesel fuel.
Annual grants to any one recipient are capped $25 million
for recipients in urbanized areas over one million population
and $15 million for recipients in urbanized areas under one
million population. Eligible technologies include compressed
natural gas (CNG), liquified natural gas (LNG), biodiesel
fuel, battery, alcohol-based fuel, hybrid electric, fuel cell
or other zero emissions technology.
Conference report
Adopts Senate provision.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS
House provision
Section 308 makes technical changes to section 5309.
The section reforms the New Starts evaluation process and
requires the Secretary to make fiscally constrained
recommendations to Congress. Not more than eight percent of
the funds made available in each fiscal year for new fixed
guideway systems and extensions to existing systems are
available for activities other than final design and
construction.
This section also clarifies that the Secretary shall
consider the age of buses, bus fleets, and related equipment
and facilities in making grants for buses and related
facilities. This section also provides funding for the bus
testing facility for each of fiscal years 1998 through 2003.
This section requires that a certain percentage of the funds
made available for bus and bus-related facilities be
available to carry out the bus technology pilot program and
for non-urbanized areas. This section establishes a pilot
program for the testing and deployment of new bus technology.
Senate amendment
Section 5008 amends section 5309(e)(3)(B) to add the
benefits of transit-oriented land use as one of the factors
to be considered by the Secretary in reviewing New Starts
projects. There is a growing awareness and agreements that
mass transit investment produces economic benefits, partly
through reduced local infrastructure costs. This change is
intended to reflect the importance of these considerations in
evaluating New Starts.
This section similarly amends section 5309(m) to limit the
amount of New Starts funding that can be used for purposes
other than final design and construction to 8 percent of
amounts made available for this program.
Conference report
Provisions substantially the same.
Houston Regional Bus Plan, Westpark Corridor.--The
conferees note that under existing law, Houston Metro may
apply for, and FTA may approve, the transfer of sums
previously appropriated under Metro's Full Funding Grant
Agreement from the development of the Westpark Corridor HOV
facility to any other section 5309 project, with no effect on
any other provisions of the Full Funding Grant Agreement.
Accordingly the conferees encourage the Administrator, upon a
receipt of such a transfer request (if so requested by
Houston Metro), to work with Houston Metro officials to
consider approval of such request.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS
House provision
Section 309 directs the Secretary to study the dollar value
of mobility improvements and report to Congress on the
results.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3011. LOCAL SHARE
House provision
No provision in House bill.
Senate amendment
Section 5006 provides that the proceeds from the issuance
of revenue bonds can be used as a local match.
Conference report
Adopts Senate provision with modification. If the Secretary
finds that the operation of this provision benefits the
transit operators, he shall recommend to Congress that a
permanent change in the Federal Transit laws be made no later
than the reauthorization of this Act to make the proceeds
from the issuance of revenue bonds eligible for local share
under section 5307 and 5309 of title 49. All Federal grant
requirements apply, including the requirement that the
recipient has the financial capacity to carry out the
project.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATION
House provision
Section 312 makes research grants for fixed guideway
technology.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES
House provision
Section 310 makes changes.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS
House provision
Section 311 makes technical changes.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3015, RESEARCH, DEVELOPMENT, DEMONSTRATIONS, AND TRAINING
PROJECTS
House provision
Section 312 makes technical changes. It establishes a
program for Joint Partnerships for Deployment of Innovation
and International Mass Transportation activities. This
section also establishes a mass transportation technology
development and deployment program. It also provides funding
[[Page H3918]]
for the fuel cell transit bus program and maintenance
facility, and establishes an Advanced Technology Pilot
Project for the development of low-speed magnetic levitation
technology for public transportation.
Senate amendment
Section 5011 establishes a Joint Partnership Program for
Deployment of Innovation to implement major research
activities.
Conference report
Senate recedes to fuel cell bus, low speed mag lev
proposals, and International Mass Transportation Program.
Conferees adopt Joint Partnership for Deployment of
Innovation.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS
House provision
Section 313 provides additional funding for activities to
help transit providers comply with the Americans With
Disabilities Act.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3017. NATIONAL TRANSIT INSTITUTE
House provision
Section 314 changes the name of the Institute and expands
the list of subjects that may be taught at the National
Transit Institute.
Senate amendment
Senate amendment amends section 5315(a) to add workplace
safety to the list of subjects that may be taught at the
National Transit Institute.
Conference report
Adopts House and Senate provisions.
SEC. 3018. BUS TESTING FACILITIES
House provision
Section 317 clarifies that the Secretary may enter into
either a contract or cooperative agreement to operate and
maintain the bus testing facility.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3019. BICYCLE FACILITIES
House provision
Section 318 increases the federal share for bicycle
projects that are related to transit enhancement activities.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE
House provision
Section 319 clarifies that the incremental cost of vehicle-
related equipment necessary for complying with or maintaining
compliance with the Clean Air Act is reimbursable at a
federal share of 90 percent.
It also provides that the Secretary may allow a
manufacturer or supplier to correct an inadvertent or
clerical error in a Buy America Act certification after bid
opening. This section encourages coordination in the design
and delivery of transportation services among governmental
agencies and non-profit organizations that provide such
services. It consolidates certifications required by FTA.
Senate amendment
Section 5016 requires coordination in providing
transportation services among governmental agencies and
nonprofit organizations that receive federal government
funds.
Conference report
Coordinated transportation provisions substantially the
same. Adopts House provision on consolidated certification
and on inadvertent error with modification.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE
INVESTMENT
FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND
House provision
No provision.
Senate amendment
Section 5021 permits non-Amtrak states to use their formula
funds for inter-city rail.
Conference report
Adopt Senate provision with modification to establish a
pilot program to support Amtrak activities in Oklahoma.
SEC. 3022. CONTRACT REQUIREMENTS
House provision
Section 320 makes technical amendments relating to
contracts.
Senate amendment
No provision in Senate.
Conference report
Adopts House provision.
SEC. 3023. SPECIAL PROCUREMENTS
House provision
Section 321 makes changes to the definition of a turnkey
system project.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW
House provision
Section 322 clarifies that the Secretary may provide
technical assistance to correct deficiencies identified as
part of project management oversight.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3025. ADMINISTRATIVE PROCEDURES
House provision
Section 324 authorizes the Senate to collect fees to cover
the costs of training and conferences sponsored by the
Federal Transit Administration, and makes technical changes
to this section.
Senate amendment
Section 5017 allows grantees to sell assets, including
land, that are acquired with federal funds and to keep the
proceeds for use in mass transportation.
Conference report
Adopts Senate provision.
SEC. 3026. REPORTS AND AUDITS
House provision
Section 325 repeals certain reports that are no longer
necessary.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS
House provision
Section 326 gives urbanized areas with populations under
200,000 flexibility to use their apportionments for either
capital or operating expenses and caps the total annual
amount at $400 million both operating assistance and
preventive maintenance.
Senate amendment
Section 5019 directs the Secretary, in distributing
operating assistance to large urban areas, to consider the
impact of any operating assistance reduction on smaller
transit authorities operating within the area. This section
retains operating assistance for areas over 200,000 in
population.
Conference report
Conferees eliminate the cap on preventive maintenance and
operating assistance, and eliminates operating assistance for
areas over 200,000.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION
House provision
Section 327 amends the fixed guideway modernization
formula.
Senate amendment
Section 5019 amends the fixed guideway modernization
formula.
Conference report
Senate amendment modified on the floor. Conferees adopt
compromise formula allocation.
SEC. 3029. AUTHORIZATIONS
House provision
Section 328 provides authorizations for the transit
programs.
Senate amendment
Section 5002 provides authorizations for the transit
programs.
Conference report
Adopts House provision.
It is the intent of the Conferees that authorizations for
Budget Authority in 49 USC 5338(h), as amended by this
section shall be scored against current discretionary
spending limits and not the Mass transit category established
by Title VIII of this Act.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO
EXISTING SYSTEMS
House provision
Section 332 authorizes New Starts projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
New Orleans Canal Street--The Federal Transit
Administration shall establish and credit as local share a
value of the ``neutral ground'' (median strip), which will be
utilized by the project as the right of way, an amount equal
to 50% of the appraised average value of the adjacent
property.
Dulles Corridor--The Dulles Corridor project is for the
preliminary engineering, design and construction of the
locally preferred alternative along the Dulles Corridor in
the Washington D.C. metropolitan area and may include
construction of a bus rapid transit system and preliminary
engineering and design of other fixed guideway systems to
serve the needs of the corridor.
Westlake Commuter Rail--The project authorized in this
section includes 8 rail cars.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES
House provision
Section 333 authorizes bus and bus-facilities projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
SEC. 3032. CONTRACTING OUT STUDY
House report
Section 335 directs the Secretary to enter into an
agreement with the Transportation Research Board of the
National Academy of Sciences to conduct a study of the effect
of
[[Page H3919]]
privatization or contracting out mass transportation
services.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision. Funding for the study is $200,000.
The additional $50,000 is available for administrative
expenses associated with the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY
House provision
Section 337 directs the Secretary to conduct a study on
whether the current formula for apportioning funds to
urbanized areas reflects the transit needs of the urbanized
areas.
Senate amendment
Section 5020 directs the Secretary to conduct a study on
the current urbanized area formula to determine whether
changes in apportioning formula funds are needed for small
urban areas with populations under 200,000.
Conference report
Adopts both House and Senate provisions.
sec. 3034. coordinated transportation services
House provision
Section 338 directs the Comptroller General to conduct a
study of Federal departments and agencies other than the
Department of Transportation that receive federal financial
assistance for non-emergency transportation services.
Senate amendment
No provision in Senate amendment.
Conference agreement
Adopts House provision.
sec. 3035. final assembly of buses
House provision
Section 339 directs the Comptroller General to review the
Federal Transit Administration's monitoring of pre-award and
post-delivery audits for compliance with the requirements of
final assembly of buses under section 5323(j).
Senate amendment
No provision in Senate amendment.
Conference agreement
House recedes. Provision adopted that requires compliance
with final assembly requirements by a date certain.
sec. 3036. clean fuel vehicles
House provision
Section 340 directs the Comptroller General to study the
various low and zero emission fuel technologies for transit
vehicles.
Senate provision
No provision in Senate amendment.
Conference report
Adopt House provision.
sec. 3037. job access and reverse commute grants
House provision
Section 330 establishes an Access to Jobs pilot program to
fund the transportation of welfare recipients to and from
jobs and job-related activities.
Senate amendment
Section 5014 establishes an Access to Jobs and Reverse
Commute program to assist welfare recipients and other low-
income individuals get to and from jobs.
Sixty percent of funds appropriated under this program must
be awarded to projects in large urbanized areas, 20 percent
to projects in small urbanized areas, and 20 percent to
projects in non-urbanized areas, 20 percent to projects in
small urbanized areas, and 20 percent to projects in non-
urbanized areas. Grants require a 50 percent local match.
Other federal funds, notably those provided through programs
at the Department of Health and Human Services, may be used
to meet the matching requirements.
Under this section, private transportation providers are
eligible to submit proposals with states, local governments,
and nonprofit organizations for grants under this section. In
addition, under this section, a private transportation
provider shall also be considered an existing transportation
service provider when the requirements of the section are
met.
Conference report
Adopts Senate provision with modification. The conferees
anticipate that this grant program will encourage recipients
to implement long-term and self-sustaining plans to address
the transportation needs of welfare recipients and eligible
low-income individuals who live in areas devoid of job
opportunities.
sec. 3038. rural transportation accessibility incentive program
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision making available funds to finance the
incremental cost of complying with the Department of
Transportation's final rule regarding accessibility of over-
the-road buses.
sec. 3039. study of transit needs in national parks and related public
lands
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision directing the Secretary of Transportation,
in consultation with the Secretary of the Interior, to study
transit needs in national parks.
sec. 3040. obligation limitations
House provision
Section 329 sets obligation limitations for the transit
programs.
Senate amendment
No provision in Senate amendment.
sec. 3041. adjustments for the surface transportation extension act
House provision
Section 331 directs the Secretary to reduce 1998
apportionments and allocations to account for the six months
of funding already apportioned and allocated pursuant to the
Surface Transportation Extension Act.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
TITLE IV--MOTOR CARRIER SAFETY
sec. 4001. amendments to title 49, united states code
House bill
Section 401 provides that, except as otherwise specifically
provided, an amendment or repeal of a section or provision of
law in this title shall be a reference to a section or other
provision of title 49, United States Code.
Senate amendment
The Senate amendment includes an equivalent provision (Sec.
3002).
Conference substitute
The conference adopts the House provision.
Sec. 4002. Statement of Purposes
House bill
Section 402 (a) provides for national objectives for the
motor carrier safety grant program, including promoting
safety, developing and enforcing effective and cost-
beneficial safety regulations, assessing and measuring
performance, ensuring adequate training of drivers and
enforcement personnel, and advancing new technologies and
safe operational practices.
Senate amendment
Section 3401 proposes to establish a statement of
descriptive purposes of the Motor Carrier Safety Act. These
purposes are to: improve commercial motor vehicle and driver
safety; facilitate the ability to focus resources on
strategic safety investments; increase administrative
flexibility; strengthen enforcement activities; invest in
activities related to areas of the greatest crash reduction;
identify high risk carriers and drivers; and, improve
information and analysis systems.
Conference substitute
The conference adopts the ``statement of purposes''
approach as outlined in the Senate provision and incorporates
descriptive provisions from both bills.
Sec. 4003. State Grants
House bill
Subsection (a) of Sec. 402 amends section 31101 to revise
the definition of ``commercial motor vehicle'' to include
vehicles with a gross vehicle weight of at least 10,001
pounds (in addition to the gross vehicle weight rating).
Subsection (b) amends section 31102 to include reference to
the ``improvement'' of motor carrier safety and includes
references to hazardous materials transportation safety as a
part of the state grant programs.
Subsection (c) amends section 31102(b)(1) of make technical
changes in the state plans required as a condition of
receiving federal motor carrier safety grants. Requirements
that the state plan implement performance-based activities by
fiscal year 2003, that States establish programs to ensure
proper and timely correction of safety violations, and that
States ensure roadside inspections are done at a safe
distance from the roadway are added.
Subsection (d) amends section 31102 to include a reference
to improving commercial vehicle safety, in addition to
enforing regulations, as activities eligible for
reimbusement.
Subsection (e) amends section 31104(a) to provide annual
authorization for federal motor carrier safety grants. In
fiscal year 1998, $78 million is provided; in fiscal year
1999, $110 million is provided; and in each of fiscal years
2000 through 2003, $130 million is provided.
Subsection (f) amends section 31104(b) to delete an
outdated provision.
Subsection (g) amends section 31104(f) to provide that the
Secretary shall allocate amounts to States with approved
state plans and shall determine criteria for allocation. The
Secretary may designate up to 5 percent of funds made
available under the state grant program for reimbursement of
State and local government high priority activities which
improve commercial vehicle safety. Section 31104(g) is
deleted to provide greater flexibility to states in
activities to be funded with federal safety grants. Other
technical and conforming changes are made.
Subsection (h) makes a conforming amendment to the table of
sections for chapter 311.
Senate amendment
Sections 3402-3404 of the Senate bill contain similar
provisions. Section 3402 provides
[[Page H3920]]
that states implement by 2000 performance-based motor carrier
safety components in the motor carrier safety assistance
program (MCSAP) plans they submit to the Department of
Transportation (DOT). The section further requires DOT to
ensure that: State motor carrier safety programs are
consistent, effective, and contain reasonable sanctions; data
collection and information systems are coordinated with State
highway safety programs; and, the participation in SAFETYNET
by all jurisdictions receiving motor carrier safety
assistance grant funds.
Section 3403 allows motor carrier safety assistance grants
to be used to enforce rules aimed at improving hazardous
materials transportation safety.
Section 3404(a) amends section 31104(a) to provide annual
authorizations for federal motor carrier safety grants. The
funding levels authorized are: $80 million for fiscal year
1998; $100 million for fiscal year 1999; $97 million for
fiscal year 2000; $94 million for fiscal year 2001; and,
$90.5 million in fiscal years 2002 and 2003.
Section 3404(c) amends section 31104(f) to provide that the
Secretary shall allocate amounts to States with approved
state plans and shall determine the criteria for allocation.
The Secretary may designate up to 5 percent of funds made
available under the state grant program for reimbursement of
State and local government high priority activities which
improve commercial vehicle safety. Section 31104(g) is
deleted to provide greater flexibility to states in
activities to be funded with federal safety grants. Other
technical and conforming changes are made.
Conference substitute
The conference adopts the House approach, with
modifications. The conference includes the Senate provision
for states to implement performance-based MCSAP plans by
2000. The conference accepts the House bill's concept that
States ensure roadside inspections are performed at a safe
distance from the roadway, but substitutes the word
``location'' for clarification. The conference authorizes the
following funding levels for the program: $79 million for
fiscal year 1998; $90 million for fiscal year 1999; $95
million for fiscal year 2000; $100 million for fiscal year
2001; $105 million for fiscal year 2002; and, $110 million
for fiscal year 2003. The conference agreement modifies the
High Priority and Border discretionary programs by allowing
the Secretary to designate up to 5 percent of MCSAP funds for
States, local governments, and other persons for carrying out
activities and programs that improve commercial motor vehicle
safety and compliance with safety regulations. A similar
designation is permitted for States, local governments, and
other persons to carry out border commercial motor vehicle
safety programs and enforcement activities and projects.
Sec. 4004. Information Systems
House bill
Subsection (a) of Section 403 replaces the current section
31106 to provide greater authority and flexibility to the
Secretary in establishing and operating motor carrier,
commercial motor vehicle, and driver information systems and
data analysis programs to support safety activities. The
Secretary shall work in coordination with the States in
developing and maintaining systems which identify and collect
data; evaluate the safety fitness of carriers, vehicles, and
drivers; develop strategies to mitigate safety problems and
measure effectiveness; determine cost-effectiveness of
Federal and State safety programs; and adapt, improve and
incorporate other information and systems as determined
appropriate. The Secretary may prescribe technical and
operational standards. The Secretary is directed to include
as part of the information systems authorized, a
clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles and
the motor carriers operating the vehicles. The Secretary is
authorized to establish a program to improve commercial motor
vehicle driving safety to enhance the exchange of driver
licensing information, provide information to the judicial
system on drivers, and develop strategies and countermeasures
to improve driver safety. This section includes provisions
relating to cooperative agreements, grants and contracts and
sets forth the availability of information collected in the
systems to States, local officials, and the public.
The current section 31107, an outdated provision, is
deleted and replaced with authorizations for the information
systems under section 31106. In fiscal year 1998, $7 million
is provided; in fiscal year 1999, $15 million is provided;
and in each of fiscal years 2000 through 2003, $20 million is
provided. Other technical and conforming amendments to title
49 are made.
Senate amendment
Section 3405 substitutes the existing Commercial Motor
Vehicle information system with a new information system. The
section requires the new information network to be capable of
identifying motor carriers and drivers, tracking commercial
motor vehicle registration and commercial motor vehicle
driver licensing, and providing motor carrier and driver
safety performance data. The section requires the system to
have the capability to utilize the information in order to
develop strategies to address safety problems and to measure
the effectiveness of those strategies. The section further
requires the Secretary to prescribe technical and operation
standards to ensure the uniform, timely and accurate
information collection and reporting by the States.
This section also authorizes the Secretary to establish a
commercial motor vehicle safety program that enhances the
exchange of driver licensing information, provides
information to the judicial system on the program, and
evaluates appropriate driver performance and safety aspects.
The section permits the Secretary to enter into agreements
with other Federal agencies and other parties to carry out
the new information and commercial motor vehicle safety
program.
Conference substitute
The conference merges the House and Senate language on the
information systems and data analysis program elements. The
conference requires the Secretary to prescribe technical and
operational standards to ensure uniform, timely, and accurate
information collection and reporting by the States and other
entities. The conference authorizes assistance to help States
develop or implement the information systems established
under the section. The conference authorizes the following
funding levels for the information systems and data analysis
program: $6 million for fiscal year 1998; $10 million for
each of fiscal years 1999 and 2000; $12 million for each of
fiscal years 2001 and 2002; and, $15 million for fiscal year
2003. The conference further authorizes the Secretary to
allocate up to 50 percent of the authorized funding to
establish the information clearinghouse directed under this
section, and encourages the Secretary to focus its resources
on assisting those states that have not previously received
such assistance to develop or implement information systems.
The conference is providing separate funding for
information systems and analysis because they are critical to
the successful adoption of performance-based regulations and
oversight. The Secretary should ensure that the data in these
systems is accurate and timely. In addition, the conference
expects the Secretary to develop systems that are linked,
providing complete information rapidly to inspectors and
safety officers.
Finally, while the conference recognizes the benefits such
information systems can provide, the conference also
recognizes the need for safeguards to protect individuals and
companies' privacy. Therefore, the Secretary should carefully
develop the information availability policy called for in the
new subsection (e).
sec. 4005. automobile transporter defined
House bill
Section 404 amends section 31111(a) to define ``automobile
transporter'' as any vehicle combination designed and used
specifically for the transport of assembled highway vehicles.
Senate amendment
The Senate amendment includes a similar provision. Section
3410 defines automobile transporter to mean any vehicle
combination designed and used specifically for the transport
of assembled highway vehicles, including truck camper units.
Conference substitute
The conference adopts the Senate provision. The conference
notes that the phrase ``truck camper units'' is defined in
the ANSI A119.2/NFPA 501C standard on recreational vehicles
as ``a portable unit constructed to provide temporary living
quarters for recreational, travel, or camping use, consisting
of a roof, floor, and sides, designed to be loaded onto and
unloaded from the bed of a pickup truck'' (1996 edition).
sec. 4006. Inspections and reports
House bill
Subsection (a) amends section 31133(a)(1) to allow the
Secretary to make contracts for inspections and
investigations.
Subsection (b) amends section 504 to allow a contractor,
designated by the Secretary, to make inspections of equipment
of a carrier and make inspections of records of carriers.
Senate amendment
Section 3411 of the Senate amendment provides for an
identical provision.
Conference substitute
The conference adopts the provision.
sec. 4007. waivers, exemptions, and pilot programs
House bill
Section 406 establishes a new process for granting
regulatory exemptions, coupled with a process for the
Secretary to carry out pilot programs. Subsection (a)
replaces the current waiver authority in section 31315 with a
new provision relating to authority and standards for
exemptions (to replace waiver authority provided in section
31136(e) and 31315) and pilot programs.
New subsection 31315(a) provides that the Secretary may
grant to a person or class of persons a temporary exemption
from regulations issued under chapter 313 or section 31136 if
the Secretary finds such exemption would likely achieve a
level of safety equal to or greater than the level that would
be achieved absent such exemption. Exemptions shall be for a
2-year period and may be renewed. An exemption may be revoked
if the terms and conditions are not met or if the exemption
is not consistent with safety goals. The Secretary shall
specify by regulation the procedures for requesting
exemptions, but certain minimum requirements are set forth.
Requests for exemptions shall be published in the Federal
Register and the
[[Page H3921]]
public shall be given an opportunity to comment. Any
exemptions granted shall be published in the Federal
Register, along with terms and conditions of the exemption
and effective period. Any exemptions denied shall be
published in the Federal Register, with the reasons for
denial. The Secretary shall act on each exemption request
within 180 days or shall publish in the Federal Register why
the decision will be delayed and an estimate of when the
decision will be made. Terms and conditions of an exemption
may be specified and appropriate state compliance and
enforcement personnel shall be notified of an exemption
provided.
New subsection 31315(b) provides authority to the Secretary
to conduct pilot programs to evaluate innovative approaches
to motor carrier, vehicle, and driver safety. Pilots may
include exemptions from regulations. Proposed pilot programs
shall be published in the Federal Register and the public
shall be given an opportunity to comment. Certain minimum
program elements for pilot programs are specified. The
Secretary may revoke participation in or terminate a pilot
program. A report shall be issued to Congress at the
conclusion of each pilot program.
New subsection 31315(c) provides that, during the time
period an exemption or pilot program is in effect, no State
shall enforce a law or regulation that conflicts with or is
inconsistent with an exemption or pilot program with respect
to a person exercising the exemption or participating in the
pilot program.
Subsections (b) and (c) make conforming amendments.
Senate amendment
Section 3421 authorizes the Secretary to initiate programs
to examine innovative approaches or alternatives to certain
commercial motor carrier safety regulations. This section
provides the Secretary broader discretion to grant waivers
and exemptions from motor carrier and driver safety
regulations which are necessary to develop performance based
regulations and evaluate the effectiveness of existing
regulations.
This section recognizes that revising the waiver provisions
in Section 31136 of Subchapter III, Safety Regulations and
Section 31315 of Chapter 313, Commercial Motor Vehicle
Operators is necessary because of the strict interpretation
given to section 31136(e) by the D.C. Circuit Court of
Appeals in____AHAS v. FHWA,____28 F.3d 1288 (1994), limiting
the ability of the Secretary to issue waivers and exemptions.
The Court found that the statutory language required the
Secretary to determine, before issuing any waiver, that no
diminution in safety would result, i.e., that it be
determined beforehand there would be absolutely no
increase in crashes as a result of the waivers. To deal
with the decision, this section substitutes the term
``equivalent'' to describe a reasonable expectation that
safety will not be compromised. In the absence of greater
discretion to deal with waivers and exemptions and a new
standard by which to judge them, the Congress would
continue to be the only source to provide regulatory
exemptions.
The National Highway System Designation Act of 1995 (NHS)
required the establishment of criteria and a program to grant
and monitor exemptions from a broad range of safety
regulations for commercial vehicles over 10,000 pounds but
less than 26,000 pounds. This approach is a model for the
exemption pilot program established by this section. The new
waiver and exemption provision requires the Secretary to
issue regulations that will outline a process for issuing
waivers, procedures for conducting pilot projects or
demonstration programs to evaluate the safety performance of
a regulation or part of a regulation, and conditions under
which exemptions from motor carrier safety regulations will
be considered.
This section distinguishes between the terms ``waiver'' and
``exemption,'' primarily by scope and duration. It provides
the Secretary the authority to: issue a waiver for a
relatively short term, for a specific purpose to a particular
person or group of persons, under conditions defined in the
waivers (e.g., circus vehicles under escort from railhead to
exhibition site for the duration of the appearance); issue an
exemption for up to two years, with a renewable two-year
feature, limited to a class of persons, vehicles or
circumstances (e.g., relief from certain requirements for
well-defined operations with low risk histories and
alternative management controls); and perform pilot projects
or demonstration projects, using either a waiver or exemption
or combination, to examine whether alternatives to regulatory
requirements, particularly record keeping, are as effective
in producing safety benefits.
This section permits the Secretary to grant a waiver
without advance public notice, but a record would have to be
maintained. An exemption may be granted after notice and
opportunity for comment and either a safety demonstration
project or safety analysis was performed. The Secretary could
initiate pilot projects or demonstration programs to examine
whether a new requirement should become a regulation, whether
performance under existing regulations is effective in
producing the desired safety result, and whether alternative
methods can produce the same safety benefit with less
regulatory burden. Before any pilot project or demonstration
program is undertaken, notice and opportunity for comment
must be given to the public. It is expected the Secretary
would issue regulations to provide that safety would be the
primary consideration in deciding whether any waiver or
exemption should be issued, or any pilot program initiated.
Conference substitute
The conference adopts a compromise provision, which
includes basic provisions of both the House and Senate bills.
Subsection (a) authorizes the Secretary to grant regulatory
waivers if such action would be in the public interest and a
level of safety is expected to be achieved that is equivalent
to or greater than the level of safety obtained under
regulatory compliance. A waiver would not be permitted to be
granted beyond a 3 month period, must be limited in scope and
circumstances for special, non-emergency situations, and
could include conditions as deemed appropriate by the
Secretary. The conference expects the Secretary would issue
guidelines to provide for a reasonable process under which
waivers may be requested and considered.
Subsection (b) authorizes the Secretary to grant regulatory
exemptions and Subsection (c) authorizes the Secretary to
conduct pilot programs to evaluate innovative approaches and
alternatives to regulations.
The conference acknowledges that many motor carrier groups
have sought statutory exemptions during the development of
this legislation and such requests should be considered by
the Secretary after evaluating their merits under this
provision. The conferees believe the pilots authorized under
this section should include a reasonable number of
participants to enable the Secretary to assess the safety
impact of the pilots' results.
The conference expects the Secretary to use this authority
judiciously. Pilot programs should be carefully designed and
implemented to both protect the participants and the public,
while yielding useful information to support future
rulemaking proceedings and improve the efficiency of
oversight activities.
Sec. 4008. Safety Regulation
House bill
Subsection (a) of Section 407 amends section 31132(1)(A) to
include in the definition of commercial motor vehicle those
vehicles with a gross vehicle weight of at least 10,001
pounds (in addition to those vehicles which have such a
rating). Section 31132(1)(B) is amended to refer to vehicles
designed to carry 8 passengers, including the driver.
Subsection (b) deletes section 31134 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel which
has completed it responsibilities.
Subsection (c) deletes section 31140 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel and
its review of State laws and regulations.
Subsection (d) amends section 31141 to delete references to
the Commercial Motor Vehicle Safety Regulatory Review Panel
and makes conforming and technical changes to the review of
State laws and regulations by the Secretary.
Subsections (e) and (f) make technical amendments to
section 31142.
Senate amendment
The Senate amendment includes similar provisions. Section
3411(f) amends the definition of commercial motor vehicle in
Section 31132(1) of title 49, U.S.C., to include vehicles
with a gross vehicle weight of at least 10,001 pounds (in
addition to the gross vehicle weight rating).
Section 3411(a) repeals the current review panel process
that reviews state laws for compatibility with Federal
commercial motor vehicle safety regulations. Section 3411(b)
repeals the panel procedures and replaces them with a review
process to be administered by the Secretary.
Conference substitute
The conference follows the House approach.
Sec. 4009. Safety Fitness
House bill
Subsection (a) of Section 419 of the House bill amends
section 31144 to revise procedures and provisions relating to
safety fitness determinations of owners and operators. The
Secretary is directed to determine whether owners and
operators are fit to safely operate commercial motor
vehicles, periodically update determinations, make the
determinations available to the public, and prescribe by
regulation penalties for violations. The Secretary is to
maintain by regulation a process to determine fitness.
An owner or operator who the Secretary determines is not
fit may not operate commercial motor vehicles in interstate
commerce beginning on the 61st day after the date of such
fitness determination and until the Secretary determines the
owner or operator is fit.
In the case of those transporting passengers or hazardous
materials, an owner or operator who the Secretary determines
is not fit may not operate in interstate commerce beginning
on the 46th day after the date of such fitness determination
and until the Secretary determines the owner or operator is
fit.
With the exception of those transporting passengers or
hazardous materials, the Secretary may allow an owner or
operator to continue to operate beyond the 61st day if the
owner or operator is making a good faith effort to become
fit.
The Secretary must review the determination that an owner
or operator is unfit not
[[Page H3922]]
later than 45 days after the unfit owner or operator requests
a review, and within 30 days in the case of owners or
operators transporting passengers or hazardous materials.
A department, agency, or instrumentality of the U.S.
Government may not use to provide any transportation service
an owner or operator determined unfit by the Secretary, until
the Secretary determines such owner or operator is fit.
Subsection (b) makes a conforming amendment to section 5113
of title 49.
Senate amendment
Section 3411(d) directs the Secretary to maintain in
regulation a procedure for determining the safety fitness of
owners and operators of commercial motor vehicles. The
section requires the procedures to include the requirements
that owners and operators of commercial motor vehicles must
meet to demonstrate safety fitness; a means used to decide
whether the owners, operators, or other persons meet safety
fitness requirements; and deadlines for action by the
Secretary in making fitness determinations. Subsection (d)
prohibits a motor carrier that fails to meet the safety
fitness requirements established by the Secretary from
operating in interstate commerce. The subsection permits the
Secretary to extend the time limit granted for a motor
carrier to come into compliance after a determination that
the motor carrier fails to meet safety fitness requirements.
Conference substitute
The conference follows the House approach. The conference
requires the Secretary to periodically update safety fitness
determinations of owners and operators and to make such final
safety fitness determinations readily available to the
public. The publication of final safety fitness
determinations does not preclude the ability of the Secretary
to review the safety fitness of owners and operators.
However, the conference would not expect preliminary data
analysis or preliminary safety fitness information to be
publicly available.
section 4010. repeal of certain obsolete miscellaneous authorities
House bill
Section 409 repeals subchapter IV (sections 31161 and
31162) which are unnecessary and burdensome provisions.
Senate amendment
The Senate bill includes an equivalent provision (Sec.
3411(c)(2)).
Conference substitute
The conference adopts the provision.
section 4011. commercial vehicle operators
House bill
Subsection (a) of Section 410 amends the definition of
commercial motor vehicle in section 31301 to include vehicles
with a gross vehicle weight of at least 26,001 pounds (in
addition to gross vehicle weight rating).
Subsection (b) amends section 31302 to clarify that an
individual may operate commercial motor vehicle only if the
individual has a valid commercial driver's license (CDL) and
that an operator may have only one driver's license at any
time.
Subsection (c) amends section 31308(2) to require that CDLs
must include unique identifiers to minimize fraud and
duplication.
Subsection (d) amends section 31309 to clarify that the
commercial drivers license information system is maintained
by the Secretary and shall be maintained in coordination with
activities carried out under section 31106. Certain other
clarifying and technical amendments are made.
Subsection (e) repeals obsolete state grant programs
regarding testing and licensing of commercial vehicle
drivers.
Senate amendment
The provisions are similar. Section 3212(f)(1) amends the
definition of commercial motor vehicle in each place it
appears in section 31301 to include vehicles with a gross
vehicle weight of at least 26,001 pounds (in addition to
gross vehicle weight rating).
Section 3212(f)(2) inserts the word ``is'' at two places
section 31301 subparagraph (C).
Section 3416(b) amends the definition with respect to motor
carriers of passengers and section 3416(c) provides that
regulations would apply to such carriers 12 months after the
date of enactment, unless the Secretary determines it would
be appropriate to exempt them.
Conference substitute
The conference adopts the House approach.
sec. 4012. utility service commercial motor vehicle drivers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3424 provides a process for an emergency exemption
to allow utility drivers to serve customers during times of
emergencies declared by elected State or local officials and
provides for monitoring of any safety impacts associated with
such exemptions.
Conference substitute
The conference adopts the Senate provision.
sec. 4013. participation in international registration plan and
international fuel tax agreement
House bill
Section 413 of the House bill repeals obsolete sections of
chapter 317 (sections 31702, 31703, and 31708) relating to a
working group and grants to encourage participation in the
International Fuel Tax Agreement and International
Registration Plan.
Senate amendment
Section 3414 of the Senate bill is identical to the House
provision.
Conference substitute
The conference adopts the provision.
sec. 4014. safety Performance history of drivers; limitation on
liability
House bill
No comparable provision.
Senate amendment
Section 3412(g) of the Senate bill amends Chapter 5 of
Title 49, United States Code. The provision bars an action
for defamation, invasion of privacy, or interference with a
contract that is based on the furnishing or use of safety
performance records of an individual under consideration for
employment as a commercial motor vehicle driver against a
person who has complied with such a request or his agents or
insurers. The bar does not apply to a motor carrier
requesting the records unless the motor carrier, the person
complying with the request and their agents have taken all
precautions reasonably necessary to ensure the accuracy of
the records and to protect the records from disclosure to any
person, except for their insurers, not directly involved in
forwarding the records or deciding whether to hire that
individual, and complied fully with all the regulations
issued by the Secretary of Transportation in using and
furnishing the records.
The bar also does not apply to a person complying with a
request unless the motor carrier requesting the records, the
complying person, and their agents have taken all reasonably
necessary precautions to ensure the accuracy of the records
and to protect the records from disclosure to any person,
except for their insurers, not directly involved in
forwarding the records or deciding whether to hire that
individual.
State and local law is preempted to the extent that it
prohibits, penalizes, or imposes liability for furnishing or
using safety performance records in accordance with
regulations issued by the Secretary.
Conference substitute
The conference adopts the Senate provision with
modification. The conference agreement adds a requirement
that as a part of the rulemaking the Secretary is conducting
under section 114 of the Hazardous Materials Transportation
Authorization Act of 1994 (108 Stat. 1677-1678) to amend
Section 391.23 of title 49, Code of Federal Regulations, that
the Secretary provide protection for driver privacy and
establish procedures for review, correction, and rebuttal of
the safety performance records of a driver. The conference
further directs the Secretary to complete the rulemaking by
January 31, 1999. The liability waiver will become effective
on the same date.
sec. 4015. penalties
House bill
No comparable provision.
Senate amendment
Section 3412 of the Senate bill amends section 521 of Title
49, United States Code. This section excepts from the
penalties provision of section 521(b)(1) ``reporting and
record keeping violations''. This section also strikes ``fix
a reasonable time for abatement of the violation'' from
subparagraph (A).
Section 521(b)(2) is amended by deleting ``reckless
disregard'' and ``gross negligence'' from the liability
standard for the penalty section.
A new subsection (B) is added entitled ``Recordkeeping and
Reporting Violations'' which specifies penalties for such
violations.
Conference substitute
The conference adopts the Senate provision.
sec. 4016. authority over charter bus transportation
House bill
No comparable provision.
Senate amendment
Section 3417 of the Senate bill amends Section 14501(a) of
Title 49, United States Code. The provision strikes the
authority of the states to regulate intrastate and interstate
charter bus transportation.
Conference substitute
The conference adopts the Senate provision with
modification. A clarifying provision is included to ensure
that states may continue to regulate safety with respect to
motor vehicles and to impose highway route controls or
limitations based on the size or weight of the motor vehicle
or with regard to minimum amounts of financial responsibility
relating to insurance requirements. The conference also notes
that the provision does not limit a State's ability to
regulate taxicab service or limousine livery service.
sec. 4017. telephone hotline for reporting safety violations
House bill
Subsection (a) of Section 414 directs the Secretary to
establish, for a period of at least 2 years, a nationwide,
toll-free telephone system to be used by drivers of
commercial motor vehicles and others to report potential
violations of Federal motor carrier safety regulations and
other laws and regulations relating to safety.
Subsection (b) provides that information received shall be
used in setting priorities for safety audits and other
enforcement activities.
[[Page H3923]]
Subsection (c) provides that a person reporting a potential
violation shall be provided the protections of section 31105.
Subsection (d) provides that up to $300,000 from
administrative expenses may be used per fiscal year to carry
out this section.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications and authorizes the Secretary to spend no more
than $250,000 of funding available for general operating
expenses in any fiscal year to carry out this directive.
sec. 4018. insulin treated diabetes mellitus study
House bill
Subsection (a) of Section 415 directs the Secretary of
Transportation to determine within 18 months whether a safe,
practicable and cost-effective screening, operating, and
monitoring protocol could likely be developed for insulin
treated diabetes mellitus individuals who want to operate
commercial motor vehicles in interstate commerce that would
ensure a level of safety equal or greater than that achieved
with the current prohibition on such drivers.
Subsection (b) directs the Secretary to compile and
evaluate research and other information, to consult with
States who have developed and are implementing a screening
process, to evaluate the Department's policy and actions to
permit individuals with insulin treated diabetes mellitus to
operate in other modes of transportation, and to consult with
certain groups.
Subsection (c) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress the basis for such determination.
Subsection (d) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress on the elements to be included in such a protocol
and promptly initiate a rulemaking implementing the protocol.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with the addition
of a requirement that the Secretary of Transportation also
assess any legal consequences of permitting insulin treated
diabetes mellitus individuals to drive commercial motor
vehicles in interstate commerce. The standard in subsection
(a) is intended to ensure that insulin treated diabetes
mellitus individuals be held to a level of safety comparable
to that required of other qualified commercial drivers and
not to a higher standard.
sec. 4019. performance-based cdl testing
House bill
Subsection (a) of Section 416 directs the Secretary of
Transportation to review the procedures established and
implemented by States for testing operators of commercial
motor vehicles to determine if the system accurately reflects
an individual's knowledge and skills as a commercial motor
vehicle operator and to identify methods to improve testing
and licensing standards, including the benefits and costs of
a graduated licensing system.
Subsection (b) provides that, not later than one year
following such review, the Secretary shall issue regulations
under section 31305 of title 49, relating to CDLs which
reflect the results of the review.
Senate amendment
Section 3412 amends Section 31305(a) by giving the
Secretary of Transportation the authority to establish
performance-based testing and licensing standards that more
accurately measure and reflect an individual's knowledge and
skills as an operator.
Conference substitute
The conference adopts the House provision.
sec. 4020. post-accident alcohol testing
House bill
Section 417 requires the Secretary to conduct a study of
the feasibility of utilizing emergency responders and law
enforcement officers for conducting post-accident alcohol
testing of commercial motor vehicle operators under section
31306 of title 49, United States Code.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with
modification. The modifications require the study to address
the feasibility of utilizing law enforcement officers for
conducting post-accident alcohol testing, as well as the
ability of motor carrier employers to meet the current
post-accident alcohol testing requirements imposed under
section 31306. The reference in the House provision to
``emergency responders'' is deleted from the study
requirements.
Sec. 4021. Driver Fatigue
House bill
Subsection (a) of Section 418 directs the Secretary, as
part of ongoing activities relating to fatigue of commercial
motor vehicle operators, to encourage the development of
technologies that may aid in reducing fatigue. Subsection
(a)(2) sets forth factors to be considered, including the
degree to which the technology will be cost efficient, can be
used in various climates, and will reduce emissions, conserve
energy, and further other transportation goals. Subsection
(a)(3) provides that funds made available under subparagraphs
(F) through (I) of section 127(a)(3) of the bill may be used
to carry out this section.
Subsection (b) directs the Secretary to review potential
safety benefits of the use of non-sedating antihistamines by
operators of commercial vehicles and to consider encouraging
the use of such antihistamines.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications.
Sec. 4022. Improved Flow of Driver History Pilot Program
House bill
No comparable provision.
Senate amendment
Section 3406 requires the Secretary of Transportation to
carry out a pilot program in cooperation with 1 or more
States to improve upon the timely exchange of pertinent
driver performance and safety records data to motor carriers.
The program shall: (1) determine to what extent driver
performance records data, including relevant fines, penalties
and failure to appear for a hearing or trial, should be
included as part of any information systems; (2) assess the
feasibility, costs, safety impact, pricing impact, and
benefits of record exchanges; and (3) assess methods for the
efficient exchange of driver safety data available from
existing State information systems and sources.
Conference substitute
The conference adopts the Senate provision with the proviso
that at the end of the pilot program the Secretary shall
begin, if appropriate, a rulemaking to revise the information
system under section 31309 of Title 49, United States Code.
Sec. 4023. Employee Protections
House bill
No comparable provision.
Senate amendment
Section 3411(g) requires the Secretary of Transportation,
in conjunction with the Secretary of Labor to study the
effectiveness of existing statutory employee protections
provided for under section 31105 of title 49, United States
Code.
Conference substitute
The conference adopts the Senate provision.
Sec. 4024. Improved Interstate School Bus Safety
House bill
Subsection (a) of Section 408 amends section 31136 to
provide that federal safety regulations apply to interstate
school bus operations by local educational agencies.
Subsection (b) directs the Secretary to submit a report
within two years describing the status of compliance and
activities of the Secretary or States to enforce the
requirements.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts an alternative provision to instruct
the Secretary to begin a rulemaking to determine whether or
not relevant commercial motor carrier safety regulations
issued under section 31136 should apply to all interstate
school transportation operations.
Sec. 4025. Truck Trailer Conspicuity
House bill
Section 421 requires the Secretary of Transportation to
issue, not more than one year after enactment of this Act, a
final rule regarding the Conspicuity of trailers manufactured
before December 1, 1993. In so doing, the Secretary is
required to consider, at a minimum, the following: (1) the
cost-effectiveness of any requirement to retrofit trailers
manufactured before December 1, 1993; (2) the extent to which
motor carriers have voluntarily taken steps to increase
equipment visibility; regulatory flexibility to accommodate
differing trailer designs and configurations, such as tank
trucks.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision. The conference
however stresses that this provision does not require the
Secretary to order a retrofit of any trailers manufactured
before December 1, 1993.
Sec. 4026. DOT Implementation Plan
House bill
Section 422 requires the Secretary of Transportation to
develop and submit to Congress a plan for implementing
authority (if subsequently provided by law) to: (1)
investigate and bring civil actions to enforce Chapter 5 of
Title 49, United States Code when violated by shippers,
freight forwarders, brokers, consignees, or persons (other
than rail carriers, motor carriers, motor carriers of migrant
workers, or motor private carriers); (2) assess civil or
criminal penalties against a person who knowingly aids,
abets, counsels, commands, induces, or procures a violation
of a regulation or order under chapter 311 or section 31502.
The development of the plan requires the Secretary to
consider: in what circumstances the Secretary would exercise
the new authority; how the Secretary would determine that
[[Page H3924]]
shippers, freight forwarders, brokers, consignees, or other
persons committed violations; what procedures would be
necessary during investigation to ensure the confidentiality
of shipper contract terms; the impact of the new authority on
the Secretary's resources.
Senate amendment
No comparable provision.
Conference substitute
The conference report directs the Secretary to assess the
scope of the problem of shippers, freight forwarders,
brokers, consignees, or other persons encouraging violations
of chapter 5 of title 49 and after the assessment the
Secretary may submit to Congress a plan for implementing
authority (if subsequently provided by law) to investigate
and bring civil actions to enforce chapter 5 of title 49,
United States Code. The report to Congress will contain the
elements required of it in the House bill as well as a
request of what, if any, educational activities the Secretary
would conduct for persons who would be subject to the new
authority.
Sec. 4027. Study of Adequacy of Parking Facilities
House bill
Section 123 requires the Secretary of Transportation to
conduct a study to determine the location and quantity of
parking facilities at commercial truck stops and travel
plazas and public rest areas that could be used by motor
carriers to comply with Federal hours of service rules. The
study must be reported to Congress within 36 months. The
study shall include an inventory of current facilities
serving the National Highway System, analyze where shortages
exist or are projected to exist, and propose a plan to reduce
the shortage. The study is funded under Section 104(a) of
Title 23, United States Code, for $500,000 per fiscal year
for fiscal years 1998, 1999 and 2000.
Senate amendment
Section 3415 is similar to the House bill with the
exception of the funding provision.
Conference substitute
The conference adopts the House provision. The Secretary
would be permitted to allocate no more than $500,000 for each
of the fiscal years 1999, 2000, 2001.
sec. 4028. qualifications of foreign motor carriers
House bill
No comparable provision.
Senate amendment
Section 3419 of the Senate bill requires the Secretary of
Transportation, within 90 days after enactment of the Act, to
review the qualifications of foreign carriers whose
applications for authority to operate in the United States
have not been processed due to the moratorium on the granting
of authority to foreign carriers to operate in the United
States.
Conference substitute
The conference adopts the Senate provision with the proviso
that the review does not constitute a finding by the
Secretary under section 13902 of title 49, United States
Code, that a motor carrier is willing and able to comply with
requirements of such section.
sec. 4029. Federal Motor Carrier safety inspectors
House bill
No comparable provision.
Senate amendment
Section 3418 of the Senate bill requires the Secretary of
Transportation to maintain the level of Federal motor carrier
safety inspectors for international border commercial vehicle
inspections as in effect on September 30, 1997, or provide
for alternative resources and mechanisms to ensure an
equivalent level of commercial motor vehicle safety
inspections.
Conference substitute
The conference adopts the Senate provision with minor
modifications.
sec. 4030. school transportation safety
House bill
Section 336 of the House bill requires the Secretary of
Transportation to begin not later than 3 months after the
date of the enactment of the Act a study of the safety issues
attendant to transportation of school and school-related
activities by various transportation modes.
Senate amendment
Section 3425 of the Senate bill requires the Secretary to
agree with the Transportation Research Board on a study of
the issues attendant to the transportation of school children
to and from school and school-related activities by various
transportation modes. The TRB shall consider available crash
injury data, and vehicle design and driver training in
conducting the study and the panel conducting the study shall
include representatives of highway safety organizations,
school transportation, mass transportation and bicycling
organizations.
Conference substitute
The conference adopts the Senate provision with the proviso
that a report to the Congress on the results of the study is
to be transmitted not later than 12 months after the
Secretary enters into an agreement with the Transportation
Research Board.
sec. 4031. designation of new mexico commercial zone
House bill
No comparable provision.
Senate amendment
Section 3703 of the Senate bill establishes a commercial
zone in New Mexico comprised of Dona Ana and Luna Counties.
Conference substitute
The conference adopts the Senate provision with the proviso
that the Secretary of Transportation shall consult with other
Federal agencies that have responsibilities over traffic
between the United States and Mexico. The State of New Mexico
is required to submit within three months of the date of
enactment a plan to the Secretary describing how the state
will monitor commercial motor vehicle traffic and enforce
safety regulations. The conference is particularly concerned
that motor carriers within the zone comply with hours-of-
service and drug and alcohol testing requirements and that
unauthorized carriers do not operate beyond the commercial
zone limits.
sec. 4032. effects of mcsap grant reductions on states
House bill
No comparable provision.
Senate amendment
Section 3423 of the Senate bill allows States which did not
receive its full Motor Carrier Safety Assistance Program
during fiscal years 1996 and 1997 to enter into cooperative
agreements with the Secretary of Transportation to evaluate
the safety impact, costs, and benefits of allowing such
states to continue to participate fully in the Motor Carrier
Safety Assistance Program, then the Secretary shall allocate
to those States full amount of funds for fiscal years 1998,
1999, 2000, 2001, 2002 and 2003.
Conference substitute
The conference report requires the Secretary to study the
effects of reductions in MCSAP grants due to nonconformity of
State intrastate laws and regulations with Federal interstate
requirements. The study is to consider (1) national
uniformity and the purposes of the MCSAP program; (2) State
motor carrier, commercial motor vehicle, and driver safety
oversight and enforcement capabilities; and (3) the safety
impact, costs and benefits of a State's full participation in
the program. A report to Congress is to be submitted not
later than 2 years after the date of enactment of this Act.
Interim Border Safety Improvement Program
House bill
Section 411 establishes an interim border safety
improvement program to improve commercial motor vehicle
safety in the vicinity of the borders between the U.S. and
Canada and the U.S. and Mexico. The Secretary may expend
funds and provide grants to States, local governments,
organizations and others for the employment and training of
personnel to enforce safety regulations at the border, for
the development of data bases and communications systems, and
for education and outreach initiatives. The Federal share
shall be 80 percent for the first two years that a State
receives a grant, 50 percent for the third and fourth years,
and 25 percent for the fifth and sixth years. Subsection (g)
provides annual authorizations for the program.
Of the funds made available for the coordinated border
infrastructure and safety program under section 116 of the
bill, $20 million in fiscal year 1998 and $15 million in each
of fiscal years 1999 through 2003 shall be available for this
program.
Senate amendment
No comparable provision.
Conference substitute
The conference does not include a provision. The conference
addresses border safety matters under Section 4003 and
authorizes the Secretary to dedicate up to five percent of
funding made available to carry out the Motor Carrier Safety
Assistance Program for States, local governments, and other
persons to carry out border commercial motor vehicle safety
programs and enforcement activities and projects.
Hazardous Materials Transportation Regulation and Farm Service Vehicles
House bill
Sec. 420. Subsection (a) amends section 5117(d)(2) of title
49 regarding the transportation of hazardous materials to add
a new subparagraph (C) which provides that States are not
prohibited from providing an exception from requirements
relating to placarding, shipping papers, and emergency
telephone numbers for the private motor carriage in
intrastate transportation of an agricultural production
material. A State must certify that the exception is in
the public interest, the need for the exception, and that
the State shall monitor the exception and take such
measures necessary to ensure that safety is not
compromised.
Subsection (b) defines the term ``agricultural production
material.''
Senate amendment
Section 3208 of the Senate bill as part of the
reauthorization of the Hazardous Materials Transportation Act
authorizes the Secretary to carry out pilot programs to
examine innovative approaches or alternatives to regulations
for private intrastate motor carriage of agricultural
production materials. The Secretary is prohibited from
carrying out a pilot program if it would pose an undue risk
to public health and safety. Furthermore, the Secretary shall
require that the pilot project contain safety measures
designed to achieve a level of safety equivalent
[[Page H3925]]
to or greater than the level that would otherwise be
achieved. The Secretary is directed to terminate
participation immediately of any carrier that fails to comply
with the terms and conditions of the pilot or to terminate
the entire pilot if the Secretary determines it has resulted
in a lower level of safety.
Conference substitute
The conference does not include a provision.
Motor Carrier and Driver Safety Research
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3407 of the Senate bill provides not less than $10
million per year for programs designed to advance motor
vehicle and driver safety. The provision requires grants of
more than $250,000 to be awarded based on a competitive
selection. The Secretary shall submit annual reports to
Congress on the activities conducted under this section.
Conference substitute
The conference does not include a provision. The Secretary
is authorized to conduct motor carrier research in the
programs established or amended in Title V of this Act.
Commercial Motor Vehicle Safety Advisory Committee
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3420 of the Senate bill authorizes the Secretary to
establish an advisory committee to provide advice and
recommendations on regulatory issues.
Conference substitute
The conference does not include a provision.
Commercial Motor Vehicle Safety Studies
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3422 of the Senate bill directs the Secretary to
conduct a study of the impact on safety and infrastructure of
tandem axle commercial motor vehicle operations in States
that permit the operation of such vehicles in excess of
Interstate weight limits. Further, the Secretary should enter
into cooperative agreements with such States to collect
weigh-in-motion data necessary for the study. The Secretary
shall report to Congress within 2 years on the results of the
studies and may not withhold highway construction funds from
States for violations of grandfathered tandem axle weight
limits.
Conference substitute
The conference does not include a provision.
Hazardous Materials Transportation Act Reauthorization
House bill
The House bill contains no comparable provision.
Senate amendment
Subtitle B reauthorizes the Hazardous Materials
Transportation Act, as requested by the Administration. The
Subtitle makes several changes in the hazardous materials
transportation program as administrated by the DOT Research
and Special Programs Administration.
Conference substitute
The conference does not include a provision.
TITLE V--TRANSPORTATION RESEARCH
subtitle c--intelligence Transportation Systems
Senate amendment
Section 2101 designates the name of Subtitle B of chapter 5
as the ``Intelligent Transportation Systems Act of 1997''
(ITS Act).
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
notification revising the date in the title. The substitute
language designates the name of Subtitle B as the
``Intelligent Transportation Systems Act of 1998.''
Findings
Senate amendment
Sec. 2102 lists Congress' findings with respect to the ITS
program.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates the findings in
the Senate bill into two findings retaining the reference to
investments in intelligence transportation systems made under
the Intermodal Surface Transportation Efficiency Act of 1991
(105 State. 1914 et seq.) and the principle that continued
investment is needed in this areas to realize fully the
benefits of intelligence transportation systems technology.
Goals and Purposes
Senate amendment
Section 521, 23 U.S.C., as proposed, sets forth the
purposes of the ITS Act of 1997, which are--(1) to provide
for accelerated deployment of proven technologies and
concepts and increased Federal commitment to improving
surface transportation safety, and (2) to expedite deployment
and integration of basic ITS services for consumers of
passenger and freight transportation across the nation.
House bill
Subsection 652(b) establishes the goals of the ITS program
including enhanced efficiency of the transportation system;
enhanced safety; enhancement of the environment; a program
that includes all users; improved accessibility; the
development of a technology base; improved ability to respond
to national emergencies; and the promotion of data sharing.
Conference substitute
The Conference adopts a goals and purposes provision
incorporating key concepts from both the House goals
provision and Senate purposes provision. The substitute
language identifies as goals of the ITS program the following
objectives most of which were included in both bills:
enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade;
improvement of national transportation safety; protection and
enhancement of the natural environment; accommodation of the
needs of all surface transportation systems users; improved
responsiveness to emergencies and natural disasters. The
substitute language also identifies ITS program purposes
representing objectives with a more short-term focus than the
goals. The list of purposes, as follows: is drawn primarily
from the purposes section in the Senate bill: to expedite
deployment and integration of ITS; to ensure local
transportation officials have adequate knowledge of ITS
technologies for transportation planning and ITS operations
and maintenance purposes; to improve regional cooperation;
and to promote the use of private resources.
General Authorities and Requirements
Scope
Senate amendment
The Senate bill contains no comparable provision
House bill
Subsection 652(a) directs the Secretary to conduct a
research, development, and deployment program for ITS.
Conference substitute
The Conference adopts the House provision.
Policy
Senate amendment
Subsection 530(b), 23 U.S.C., as proposed, prohibits the
Secretary from funding any ITS operational test or deployment
that competes with a similar privately funded project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute moves this provision from the
Funding Limitations section in the Senate bill to the General
Authorities and Requirements section in the substitute. The
Senate provision is also revised to state that as a general
policy federally-funded projects shall not displace public-
private partnerships or private sector investment.
Cooperation with Governmental, Private, and Educational Entities
Senate amendment
Paragraph 523(b)(2), 23 U.S.C., as proposed, directs the
Secretary in carrying out the intelligent transportation
system program to maximize the involvement of the private
section, college and universities, Federal laboratories, and
State and local governments.
House bill
Paragraph 653(a)(1) directs the Secretary to carry out the
intelligent transportation system program in cooperation with
State and local governments, the private sector, colleges and
universities, including historically black colleges an
universities and other majority institutions of higher
education.
Conference substitute
The Conference adopts the House provision with a
modification. The Federal laboratories are added to the list
of entities the Secretary is directed to consult with
carrying out this program.
Consultation with Federal Officials
Senate amendment
Paragraph 523(b)(1), 23 U.S.C., as proposed, requires the
Secretary to consult with heads of other interested Federal
departments and agencies.
House bill
Paragraph 653(2) directs the Secretary to consult with the
Secretary of Commerce, the Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, the
Director of the National Science Foundation, and the heads of
other Federal departments and agencies.
Conference substitute
The Conference adopts the House provision.
[[Page H3926]]
Technical Assistance, Training, and Information
Senate amendment
Subsection 524(a), U.S.C., as proposed, directs the
Secretary to carry out a comprehensive program of intelligent
transportation system research, development, operational
testing, technical assistance and training, and other related
activities.
House bill
Subsection 655(a) allows the Secretary to provide technical
assistance, training, and information to State and local
governments for intelligent transportation system projects.
Conference substitute
The Conference adopts the House provision.
Transportation Planning
Senate amendment
The Senate bill contains no comparable provision.
House bill
Subsection 655(b) allows the Secretary to use funds to
better integrate intelligent transportation systems into
State and metropolitan planning.
Conference substitute
Information Clearinghouse
Senate amendment
Subsection 524(d), 23 U.S.C., as proposed, requires the
Secretary to maintain a repository for technical and safety
data collected through federally funded intelligent
transportation system projects. The Secretary may delegate
this responsibility to an entity outside of the Department of
Transportation.
House bill
Subsection 653(d) requires the Secretary to establish and
maintain a repository for technical and safety data collected
through federally funded intelligent transportation system
projects. The Secretary may delegate this responsibility to
an entity outside of the Department of Transportation.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantively equivalent.
Advisory Committees
Senate amendment
Section 532, 23 U.S.C., as proposed, requires the Secretary
to use one or more advisory committees, and specifies that
any advisory committee so used shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
House bill
Subsection 653(e) allows the Secretary to use advisory
committees when carrying out the intelligent transportation
systems program. This subsection also specifies that the
Federal Advisory Committee Act applies and that any advisory
committees on intelligent transportation systems shall be
funded through specific provisions in Appropriations Acts and
from funds allocated for research, development, and
implementation of the intelligent transportation systems
program.
Conference substitute
The Conference adopts the House provision with a
modification: the direction regarding funding for advisory
committees is dropped.
Procurement Methods
Senate amendment
Subsection 523(c), 23 U.S.C., as proposed, directs the
Secretary to develop technical assistance and guidance to
assist State and local agencies in selecting appropriate
methods of procurement for intelligent transportation system
projects, including innovative and nontraditional methods.
House bill
Subsection 653(h) directs the Secretary to develop
technical assistance and guidance to assist State and local
agencies in selecting appropriate methods of procurement for
intelligent transportation system projects, including
innovative and nontraditional methods. This subsection also
directs contracting officials to use a standard risk
assessment methodology to reduce the cost, schedule, and
performance risks associated the development and use of
intelligent transportation systems software.
Conference substitute
The Conference adopts the House provision with a
modification: Information Technology Omnibus Procurement is
listed as a type of innovative or nontraditional procurement
method addressed by this subsection.
Evaluations
Senate amendment
Subsection 524(c), 23 U.S.C., as proposed, directs the
Secretary to establish guidelines and requirements for the
evaluation of intelligent transportation systems operational
tests and deployment projects. These guidelines and
requirements are to ensure objectivity and independent of the
evaluator. This subsection also limits the percentage of test
or project funds which may be spent on evaluations and
specifies different percentages for projects and tests of
different sizes. This subsection also specifies that the
Paperwork Reduction Act, chapter 35 of title 44, U.S.C.,
shall not apply to any survey, questionnaire, or interview
conducted in connection with the evaluation of any test or
project carried out under this program.
House bill
Subsection 653(d) directs the Secretary to issue guidelines
and requirements for the evaluation of intelligent
transportation systems operational tests. These guidelines
and requirements are to ensure objectivity and independence
of the evaluator. Operational tests need to be designed for
the collection of data and the preparation of reports to
permit objective evaluation of the success of the tests and
the derivation of cost-benefit information and life-cycle
costs that will be useful to others contemplating the
purchase of similar systems.
Conference substitute
The Conference adopts the Senate provision with
modifications. The Secretary is directed to issue, rather
than establish, the guidelines and requirements and the
funding limitation provisions are replaced with a requirement
that the guidelines and requirements issued under this
subsection also establish appropriate evaluation funding
levels. The exemption from the Paperwork Reduction Act is
retained.
National ITS Program Plan
Senate amendment
Paragraph 524(b)(5), 23 U.S.C., as proposed, requires the
Secretary to submit a 6-year plan to Congress within 1 year
of enactment and annually thereafter. This plan is to specify
program goals, objectives, and milestones and progress made
in meeting them.
House bill
Section 654 requires the Secretary to maintain and update a
National ITS Program Plan developed by the Department and the
Intelligent Transportation Society of America. This section
specifies the scope and required components of the plan
including program goals, objectives, and milestones and how
specific programs and projects relate to those goals over 5,
10, and 20-year time frames. The plan is also to provide for
the development of standards to promote interoperability and
establish a process for incorporating intelligent
transportation systems technologies into more broad-based
surface transportation systems. Reporting to Congress under
this section may be consolidated with the integrated Surface
Transportation Research and Development Strategic Plan.
Conference substitute
The Conference adopts the House provision with several
modifications. The goals, objectives and milestones cadre to
be established for both research and deployment of
intelligent transportation systems and consideration of a 20-
year time frame for these goals is not required. The plan is
to identify activities relevant to the development of
standards, including actions that will lead to the
establishment of critical standards. The substitute requires
that principal findings made in carrying out the plan be
transmitted and updated as part of the Integrated Surface
Transportation Research and Development Strategic Plan.
National Architecture and Standards
Senate amendment
Section 529, 23 U.S.C., as proposed, requires the Secretary
to develop, implement, and maintain a national architecture
to guide nationwide deployment of intelligent transportation
systems and to set standards and protocols to promote the
widespread use of these technologies and to ensure
interoperability. The Secretary is authorized to use
standards-setting organizations in carrying out section. The
section requires the Secretary to identify critical standards
needed to ensure interoperability on a nationwide basis. If
one of these critical standards is not adopted by January 1,
2001, the Secretary is required to establish a provisional
standard, but a provisional standard would only remain in
effect until the appropriate standards-setting organization
adopted and published a standard concerning the same subject
matter. In addition, the Secretary may waive this requirement
as long as a report on the reasons for the waiver and impacts
of a delay in setting a particular standard is submitted to
Congress. For each standard subject to a waiver, the
Secretary is required to submit a progress report to Congress
every six months. This section also prohibits the use of
funds made available from the Highway Trust Fund on
intelligent transportation system technology if the
technology does not comply with each relevant provisional and
completed standard, but exception is made for intelligent
transportation systems deployments already in place. Finally,
this section directs the Secretary of Commerce and the
Federal Communications Commission to allocate spectrum for
the near-term establishment of a dedicated short-range
vehicle-to-wayside wireless standard and any other spectrum
critically needed for the intelligent transportation systems
program.
House bill
Subsection 653(b) requires the Secretary to develop,
implement, and maintain of a national architecture to guide
nationwide deployment of intelligent transportation systems
and to set standards and protocols to promote the widespread
use of these technologies and to ensure interoperability. The
Secretary is authorized to use standards-setting
organizations in carrying out this subsection. This
subsection directs the Secretary of Transportation, in
consultation with the Secretary of Commerce, the Secretary of
Defense, and the Federal Communications Commission, to take
all necessary steps to secure spectrum for the near-term
establishment of a dedicated short-range vehicle to wayside
wireless standard.
[[Page H3927]]
Conference substitute
The Conference adopts the Senate provision with
modifications. In establishing the national architecture
along with the standards and protocols, the Secretary is to
comply with section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note; 11 Stat.
783). This provision requires all Federal agencies and
departments to use technical standards that are developed
or adopted by voluntary consensus standards bodies, unless
to do so would be inconsistent with applicable law or
otherwise impractical. It is clarified that the report
identifying critical standards and their stage of
development is to be submitted to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Science of the House of Representatives. The
Secretary is authorized to establish provisional standards
if such action is necessary to ensure progress in
achieving the purposes identified in this section for
establishing a national architecture and standards and the
Secretary is required to adopt a provisional standard if a
standard identified as critical is not set by January 1,
2001. But, the Secretary may waive this requirement upon
finding that additional time would be productively used or
establishment of a provisional standard would be counter-
productive. Provisional standards are to be published and
will remain in effect until applicable standards to
replace them are set by the appropriate standards
development organization. Waivers of the provisional
standard requirement and withdrawals of such waivers are
also to be published. The requirement that intelligent
transportation systems projects funded from the Highway
Trust Fund must conform to the national architecture and
applicable standards is retained. The exceptions for
operations and maintenance of intelligent transportation
systems projects already in existence is retained as is
the exception, at the discretion of the Secretary, for the
upgrade or expansion of such projects. Another exception
for projects designed to achieve specific research
objectives, at the discretion of the Secretary, is added.
The Federal Communications Commission is directed to
consider, in consultation with the Secretary of
Transportation, the spectrum needs of intelligent
transportation systems and is required to complete a
rulemaking considering the allocation of spectrum for
intelligent transportation systems by January 1, 2000.
Research and Development
Senate amendment
Section 524, 23 U.S.C., as proposed, requires the Secretary
to undertake comprehensive research, development, testing,
and technical assistance to carry out the purposes of the
intelligent transportation systems programs. This research
and development is to advance development of an integrated
intelligent vehicle program and an integrated intelligent
infrastructure program to advance roadway safety and
efficiency systems, mobility and the quality of the
environment. This section requires activities to be
consistent with the national architecture and priorities
include crash avoidance and the integration of air bag
technology with other on-board safety systems. The federal
share for these projects is 80 percent, but the Secretary
apply a federal share of 100 percent to high-risk projects.
Subsection (f) includes limitations on the amounts of funding
that may be used for research activities that improve crash
avoidance and the integration of airbags and other on-board
safety systems, advance development of an automated highway
system, and activities that improve traffic management.
House bill
Subsection 655(c) authorizes the Secretary to fund research
and operational tests regarding intelligent transportation
systems technology. Subsection 655(d) allows the Secretary to
use funds to conduct research and demonstrations of
integrated vehicle and roadway safety systems, including
infrastructure-based, in-vehicle, and integrated collision
avoidance systems. The section includes research on advanced
traffic management technologies, including the use of fiber
optic cables and video, to monitor and control traffic flow
and volume; research on magnetics and advanced materials;
fundamental research on the science of the driving process
and other human factors to complement the applied research
efforts of the industry in this area; and research on the
impact of cold weather climates on ITS in areas such as
traction enhancement while on ice and snow, braking, and
visibility enhancement both of intersections and sign.
Conference substitute
The Conference adopts a blend incorporating aspects of both
the House and Senate provisions. This section requires the
Secretary to carry out a comprehensive program of intelligent
transportation systems research, development, and operation
tests and demonstrations of intelligent vehicles and
infrastructure systems. The list of priorities includes
traffic management, incident management, crash-avoidance and
integration of in-vehicle crash protection technologies,
human factors research, integration of intelligent vehicles
and infrastructure, and research on the impact of the
environment on intelligent transportation systems.
Operational tests are to be designed for the collection of
data allowing for objective evaluation of the test results.
The Federal share of operational tests and demonstrations is
not to exceed 80 percent.
Intelligent Transportation System Integration Program
Senate amendment
Section 525, 23 U.S.C., as proposed, directs the Secretary
to conduct a comprehensive program to accelerate the
integration and interoperability of intelligent
transportation systems in metropolitan areas by funding
deployment projects that illustrate the benefits of
intelligent transportation systems technologies. This section
includes a list of priorities the Secretary is to consider in
selecting projects. The Secretary is required to encourage
private sector involvement through public-private
partnerships and other innovative financial arrangements. In
addition, funding recipients are required to submit multi-
year financing and operations plans describing how the
project can be cost-effectively operated and maintained.
Section 526, 23 U.S.C., directs the Secretary to conduct a
comprehensive program to accelerate the integration and
inteoperability of intelligent transportation systems in
rural areas by funding deployment projects that illustrate
the benefits of intelligent transportation systems
technologies. This section includes a list of priorities the
Secretary is to consider in selecting projects. The Secretary
is required to encourage private sector involvement through
public-private partnerships and other innovative financial
arrangements. In addition, funding recipients are required to
submit multi-year financing and operations plans describing
how the project can be cost-effectively operated and
maintained.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with
the primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at
least 25 percent of funds made available to carry out this
section be used for commercial vehicle intelligent
transportation systems projects and that not less than 10
percent be used for projects outside of metropolitan areas.
In addition, this section sets limits on how much funding can
be spent on certain types of projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates sections 525 and
526, 23 U.S.C., as proposed, from the Senate bill and directs
the Secretary to conduct a comprehensive program to
accelerate the integration and interoperability of
intelligent transportation systems in metropolitan and rural
areas by funding deployment projects that illustrate the
benefits of intelligent transportation systems technologies.
The substitute also includes a list of priorities, based on
both the House and Senate bills, that the Secretary is to
consider in selecting projects, including any contribution to
national program plan goals, demonstration of a cooperation
among different agencies, jurisdictions, and the private
sector, encouragement of private sector involvement,
inclusion in approved state or metropolitan plans, and
assurance of continued, long-term operations and maintenance
without continued reliance on Federal funding. The substitute
requires that funds for projects in metropolitan areas be
used primarily for integration purposes, whereas in rural
areas, funds may be used for installation of intelligent
transportation systems infrastructure. In addition, the
substitute includes the House provision requiring that not
less than 10 percent be used for projects in rural areas. The
Federal share of projects payable from funds made available
under this section is set at 50 percent, but the total
Federal share payable from all eligible sources (including
this section) may not exceed 80 percent.
Commercial Vehicle Intelligent Transportation System Infrastructure
Deployment
Senate amendment
Section 527, 23 U.S.C., as proposed, establishes a program
to deploy intelligent transportation systems that improve the
safety and productivity of commercial motor vehicles and
drivers and that reduce administrative costs associated with
commercial vehicle operations. This section focuses on
improving the safety of commercial vehicles operations by
funding activities that, for example, assist in the
identification of unsafe carriers, vehicles, and drivers and
that advance on-board driver and vehicle-safety monitoring
systems. Other priorities include improving the electronic
processing of registration, licensing, inspection, tax and
crash data, the exchange of this information among the
States, and the effectiveness and efficiency of enforcement
efforts.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with
the primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at
least 25 percent of funds made available to carry
[[Page H3928]]
out this section be used for commercial vehicle intelligent
transportation systems projects and that not less than 10
percent be used for projects outside of metropolitan areas.
In addition, this section sets limits on how much funding can
be spent on certain types of projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute establishes a deployment
program to promote intelligent transportation systems that
improve the safety and productivity of commercial vehicles
and drivers and that reduce administrative costs. The
program's purpose is to advance the technological capability
and deployment of intelligent transportation systems
applications to commercial vehicle operations, including
commercial vehicle information systems and networks (CVISN).
This section also includes a list of priorities the Secretary
is to consider in selecting projects, including the extent to
which a project encourages multistate cooperation, improves
safety, increases regulatory efficiency, advances electronic
processing of data, and promotes the exchange of information
among States. In addition, the substitute directs that
Federal funds should be used for activities that are not
being carried out with private funds. The Federal share of
projects payable from funds made available under this section
is set at 50 percent, but the total Federal share payable
from all eligible sources (including this section) may not
exceed 80 percent.
Authorizations and Limitations
Outreach and Public Relations
Senate amendment
Subsection 530(d), 23 U.S.C., as proposed, limits the
amount of funding available for outreach, public relations,
training, mainstreaming, shareholder relations, or related
activities.
House bill
The House bill contains no comparable provision.
Conference substitute
The conference report adopts the Senate provision with
modifications. The limitation on funds is reduced to
$5,000,000 per year, and this limitation applies specifically
only to outreach, public relations, displays, scholarships,
tours, and brochures and the substitute provision specifies
that this limitation does not apply to intelligent
transportation systems training, the publication or
distribution of research finding, technical guidance, or
similar documents.
Infrastructure Development
Senate amendment
Subsection 530(c), 23 U.S.C., as proposed, prohibits the
use of intelligent transportation system funds for the
construction of highway or transit infrastructure unless the
construction is incidental and critically necessary to the
implementation of an intelligent transportation system
project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Life Cycle Cost Analysis and Financing and Operations Plan
Senate amendment
Subsections 525(d) and 526(d), 23 U.S.C., as proposed,
recipients funding for projects under the intelligent
transportation systems integration program and the
integration program for rural areas are required to submit
multi-year financing and operations plans describing how each
project can be cost-effectively operated and maintained.
House bill
Subsection 653(g) requires life-cycle cost analyses of
intelligent transportation systems projects costing over $3
million.
Conference substitute
The Conference adopts a provision combining the House and
Senate provisions. The substitute requires applicants for
funds under the intelligent transportation systems
integration program and the commercial vehicle intelligent
transportation system infrastructure deployment programs to
submit life-cycle cost analyses of intelligent transportation
systems projects costing over $3 million and, for every
project, multiyear financing and operations plans describing
how the project will be cost-effectively operated and
maintained.
Definitions
Senate amendment
Section 522, 23 U.S.C., as proposed, defines the following
terms for purposes of this subchapter: commercial vehicle
information systems and networks, commercial vehicle
operations, completed standard, corridor, intelligent
transportation system, national architecture, provisional
standard, and standard.
House bill
Section 651 defines the following terms for purposes of
this subtitle: intelligent transportation systems (ITS),
intelligent transportation infrastructure, Secretary, and
State.
Conference substitute
The Conference adopts both the Senate and House provisions
with following modifications. Definitions for the terms
``completed standard'' and ``provisional standards'' in
the Senate bill are not adopted and the definition for the
term ``Secretary'' in the House bill is not adopted. The
definition for the term ``intelligent transportation
system'' is substantively equivalent in both bills and is
adopted.
Repeal
Senate amendment
Section 2104 repeals the intelligent transportation systems
programs that were established under the Intermodal Surface
Transportation Efficiency Act (ISTEA) as they are superseded
by the new programs in this [subtitle/subchapter]
House bill
Subsection 658 repeals the intelligent transportation
systems programs that were established under the Intermodal
Surface Transportation Efficiency Act (ISTEA) as they are
superseded by the new programs in this [subtitle/subchapter].
Conference substitute
The Conference finds the provisions in both the House and
Senate to be substantively equivalent.
Project Funding
House bill
Sec. 632(b)(5) requires the Secretary to carry out a
transportation technology innovation and demonstration
program concerning the use of hazardous materials monitoring
systems. The Secretary is required to conduct research on
applying methods of deploying and integrating ITS or
hazardous materials monitoring systems across various modes
of transportation. The provision makes available for each of
the fiscal years 1998 through 2003 $1.5 million per fiscal
year.
Senate amendment
No comparable provision.
Conference substitute
The Conference adopts the House provision.
In conducting the research provided for in Section 5212(a),
the Secretary should award funds to develop and deploy a
fully integrated and unique Hazardous Materials Incident
Management System designed to facilitate emergency response
to hazardous materials incidents and safer, more efficient
movement of hazardous materials across various modes of
transportation.
Specifically, the funds authorized in this section are
intended for further development and use of the Cargo Mate
cargo identification and monitoring system, which provides
for interoperability with existing fleet communications and
management systems, real-time vehicle container, pallet cargo
identification, location and monitoring. The integrated and
consolidated Hazardous Materials Incident Management System
should then be incorporated into current and future Traffic
Management Centers to support safe movement of hazardous
materials throughout the intermodal process.
In developing this system, consideration should be given to
additional technologies, including advanced information
processing technologies, which support emergency response,
law enforcement, and regulatory resources.
House bill
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
No provisions comparable.
Sec. 4101 to 4104 of the Senate Amendment
The Conferees note that in March 1998, the National
Research Council's Committee on Research Priorities for
Airborne Particulate Matter issued the first in a series of
reports on research priorities relevant to settling
particulate matter standards. This report addresses a number
of issues, including whether the monitoring network necessary
to implement the new National Ambient Air Quality Standard
fine particulate (PM2.5) is designed to
(1) support relevant health effects, exposure, and
atmospheric-modeling research efforts;
(2) use the appropriate number of continuous (hourly)
monitors to determine the time of day and exposure of people
who are commuting, working, or exercising outdoors; and
(3) use sufficient chemical characterization of particulate
matter to enable testing of more specific indicators than
PM2.5 mass alone.
The Conferees urge the Administrator to consider the
recommendations contained in the Committee's March 1998
report. The Conferees further urge the Administrator to
ensure, as appropriate, that the plans for the national
monitoring network necessary to implement the National
Ambient Air Quality Standard for PM2.5 is peer-reviewed by
the Clean Air Scientific Advisory Committee at an early date
while the opportunity still exists for such review to
influence the monitoring network design and operations.
The Conferees are aware that certain nonattainment areas in
Western Pennsylvania have experienced difficulty in meeting
the one-hour, 0.12 part per million standard for ozone
because of pollution which did not originate in the
nonattainment area. The Conferees urge EPA to continue its
efforts to avoid ``bumping up'' nonattainment areas in
Pennsylvania to a higher nonattainment status or ozone.
The Conferees recognize that the Regional Haze regulation
has not been finalized and the Administrator of the
Environmental Protection Agency (EPA) is still considering
the views of various stakeholders. The Conferees agree with
EPA's public statements that the schedule for the State
Implementation Plan due pursuant to section 169B(e)(2)
[[Page H3929]]
of the Clean Airport Act should be harmonized with the
Schedule for State Implementation Plan submissions required
for PM2.5. ambient air quality standard promulgated in July,
1997.
Conference substitute
Adopts the Senate provison.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Automatic Crash Protection Unbelted Testing Standard
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate amendment ensures that the
current testing standard for air bags is designed to ensure
the optimal protection and safety for all occupants,
including infants, children, and other occupants.
Conference report
The conference report does not include the provision.
Improving Air Bag Safety
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate bill directs the Secretary of
Transportation to undertake rulemaking to improve the
protection afforded vehicle occupants by Motor Vehicle Safety
Standard No. 208. The purpose of the rulemaking would be to
improve the efficiency and protection accorded by occupant
protection devices while attempting to minimize any potential
risk associated with air bags to infants, children, and other
occupants. During the development of a rule to improve the
safety of air bags, the barrier test using unbelted 50th
percentile adult male dummies would be suspended. The
Secretary would be required to begin the rulemaking by June
1, 1998, and to issue a final rule by June 1, 1999, with a
one-year extension permitted upon the Secretary's advising
Congress of the need for an extension. The rule would require
such tests as the Secretary determines to be reasonable,
practicable, and appropriate, including tests using dummies
of different sizes.
The requirements of the new standard would become effective
in phases, beginning between September 1, 2001 and September
1, 2002, and concluding not later than September 1, 2005,
with discretion given the Secretary for a one-year extension.
Any extension would require a joint resolution of Congress.
The Secretary would be required to report to Congress within
six months of enactment on the development of technology to
improve the protection given by air bags and to reduce the
risks from air bags, including information on the performance
characteristics of advanced air bags, their estimated cost,
their estimated benefits, and the time within which they
could be installed in production vehicles.
Conference report
The conferees agree to include a new subtitle addressing
automobile safety and information issues. In addition to
addressing the Senate bill's provisions regarding air bags,
the subtitle also includes many of the provisions contained
in H.R. 2691, the National Highway Traffic Safety
Administration Reauthorization Act of 1998, which passed the
House on April 21, 1998, by voice vote.
Section 7101 establishes the short title for the subtitle,
the ``National Highway Traffic Safety Administration
Reauthorization Act of 1998.''
Section 7102 authorizes funds for those NHTSA's automobile
safety and information programs. For Fiscal Years 1999
through 2001, the legislation authorizes $81.2 million each
year for motor vehicle safety activities, and $6.2 million
for motor vehicle information activities. These amounts are
equivalent to the Administration's budget request.
Section 7103 contains provisions intended to improve air
bag safety. Subsection (a) directs the Secretary to issue a
notice of proposed rulemaking by September 1, 1998 to improve
occupant protection for occupants of different sizes, belted
and unbelted, under Federal Motor Vehicle Safety Standard
(FMVSS) No. 208 while minimizing the risk to infants,
children, and other occupants from any risks associated with
air bags, by means that include advanced air bags. The
Secretary is required to issue a final rule no later than
September 1, 1999, unless the Secretary determines that the
final rule cannot be completed by that date, in which case
the Secretary must promulgate the final rule no later than
March 1, 2000. The final rule must be consistent with both
the requirements of this section and 49 U.S.C. Sec. 30111,
which specifies the requirements for motor vehicle safety
standards. The Conferees note that air bags do not substitute
for lap and shoulder belts and all occupants should always
wear lap and shoulder belts regardless of whether there is an
inflatable restraint in the vehicle.
The Secretary is directed to make the final rule effective
in phases as rapidly as practicable beginning not earlier
than September 1, 2002 or at least 30 months after the date
on which the Secretary promulgates the final rule, but in any
case, not later than September 1, 2003. The rule is to be
fully effective for all passenger motor vehicles,
multipurpose passenger vehicles, and other vehicles
identified in 49 U.S.C. Sec. 30127(b) manufactured on or
after September 1, 2005. If the Secretary issues the final
rule on September 1, 2003, the date for full compliance may
be extended to September 1, 2006. The availability of the
current sled test certification option available under FMVSS
208 (S13) remains in effect unless and until phased out
according to the schedule in the final rule. The Secretary is
also directed to include in the notice of proposed rulemaking
means by which manufacturers may earn credits for early
compliance with the final standard issued by the Secretary.
Subsection (b) provides that any government advisory
committee, task force, or other entity include
representatives of consumer and safety organizations,
insurers, manufacturers, and suppliers.
Section 7104 prohibits the use of funds appropriated to
NHTSA for the purpose of urging a State or local legislator
to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislature.
Subsection (b) clarifies that officers or employees of the
United States are not prohibited from testifying before any
state or local legislature in response to the invitation of a
member of such body or a State executive office. The
provision is not intended to prohibit the Agency from
informing State or local legislators about the prudence of a
particular policy choice, but rather is intended to limit the
Agency's ability to lobby a particular piece of legislation
before a State or local legislature. Thus, under this
provision, NHTSA could continue to testify before any State
or local legislative body and inform State and local
officials about the merits of a particular course of action.
A NHTSA official could even appear before a committee of a
State legislature to testify that NHTSA believes that
enactment of primary enforcement seat belt laws results in
fewer highway fatalities. NHTSA could, in fact, testify that
it favors general efforts to enact primary enforcement seat
belt laws and opposes general efforts to repeal such laws.
However, a NHTSA official could not, through the use of
government resources, ask an individual State or local
legislator, or any group of State or local legislators, to
vote act on a particular pending measure.
Subsection 7105(a) is intended to eliminate the need for
two odometer disclosures in certain transactions involving
rental car companies, dealers, and automobile manufacturers
by exempting the transfer of new motor vehicles from a
manufacturer jointly to a dealer and a rental car company.
Subsection (b) responds to several recent Federal District
Court decisions holding the NHTSA does not have authority to
exempt vehicles from the odometer disclosure requirements,
even when the purchasers of such vehicles rely on service
records rather than odometers to indicate wear and tear, such
as in the care of heavy trucks. This subsection specifically
grants NHTSA such authority.
Section 7106 makes several miscellaneous changes to title
49, United States Code, with respect to NHTSA's authorizing
statutes. These changes in subsections (a) through (c)
were requested by the Administration. Subsection (a)
closes a loophole which allows auto parts stores and
retailers to continue to sell defective equipment even
though motor vehicle dealers would be prohibited from
selling the same item. This provision includes retailers
of motor vehicle equipment in the prohibition on selling
defective items of equipment.
Subsection (b) amends 49 U.S.C. 30123 (``Tires''), to
repeal subsections (a) (``Labeling Requirement''), (b)
(``Contents of Label''), and (c) (``Additional
Information''). Under section 30123(a), the Secretary must
require manufacturers of pneumatic tires to ``permanently and
conspicuously'' label their tires with specified information
under section 30123(b) about the construction of the tires
and the identity of the manufacturer. Section 30123(c) gives
the Secretary discretionary authority to require that
additional safety information be disclosed to a purchaser
when a tire is sold.
Subsection (c) amends 49 U.S.C. 30127(g) to increase the
reporting interval on the effectiveness of occupant restraint
systems from every six months to annually. The Administration
expressed concern that the six-month interval was too short a
time frame in which to provide meaningful data to Congress.
Subsection (d) amends the American Automobile Labeling Act
(49 U.S.C. Sec. 30204) to make certain changes in the
labeling requirement and the domestic content calculations.
Subparagraph (1)(A) provides that the labor value of engine
and transmission production is also included in the engine
and transmission origin determination and subparagraph (1)(B)
codifies certain regulations which permit labor costs of
parts manufactured at the same location as final vehicle
assembly to be included in the vehicle's overall content
calculation, provided it does not occur during vehicle
assembly. Subparagraph (1)(C) institutes a tiered system for
accounting for the domestic content of parts manufactured by
outside suppliers. Under this subparagraph, supplies would
report content to the nearest five percent. For instance, 38
percent would be reported to the manufacturer as 40 percent,
rather than zero as under current law.
Paragraph (2) permits vehicle manufacturers to voluntarily
add a line to the label stating the country in which vehicle
final assembly took place. Paragraph (3) permits
manufacturers, on a voluntary basis, to separately display
the domestic content of a particular vehicle, based on its
assembly plant.
[[Page H3930]]
This information must be reported in addition to the carline
average percentage. Paragraph (4) codifies existing
regulations permitting manufacturers to estimate, based upon
best available information, the content of no more than 10
percent of the vehicle's parts, when suppliers fail to report
such information. Paragraph (5) permits manufacturers to
default the value of certain small parts, such as nuts,
bolts, clips, screws, and pins, to the country of
manufacture.
Subsection (e) directs NHTSA to conduct a study of the
benefits to motor vehicle drivers of a regulation to require
the installation of a device in the trunk compartment to
release the trunk lid.
Section 7107 reinstates NHTSA's authority to exempt certain
motor vehicles imported for the purpose of show or display
from certain applicable motor vehicle safety standards. Such
authority was unintentionally deleted when title 49, United
States Code was recodified in 1988.
Subtitle B
Sec. 7201. High Speed Rail
House bill
Subsection (a) of Section 901 authorizes $10 million in
each of fiscal years 1998 through 2001 for high speed rail
corridor planning activities and $25 million in each of
fiscal years 1998 through 2001 for high speed rail research
and development under the Swift Rail Development Act of 1994.
Subsection (b) defines high speed rail to include maglev
systems.
Senate amendment
No comparable provision
Conference substitute
Adopts the House provision. The conferees also reaffirm the
intention of the Swift Rail Development Act, that planning
for improvements to rail infrastructure that would provide
incremental speed increases toward achieving speeds of 125
mph or more are fully eligible for federal assistance under
the conditions specified in the Act. Efforts to plan for
near-term improvements that would achieve substantial speed
increases, although not necessarily to a true high speed
level of 125 mph, fall in this category.
Sec. 7202. Light Density Rail Line Pilot Projects
House bill
Section 902 authorizes $25 million for each of fiscal years
1998 through 2003 for grants to states to fund pilot projects
for making capital improvements to publicly and privately
owned rail line structures on light-density rail lines. The
purpose of the pilot projects is to demonstrate the
relationship of light density railroad service to the
statutory responsibilities of the Secretary of
Transportation, including those under Title 23.
Senate amendment
Sec. 3701 is identical to the House provision, except
funding is authorized at $10 million for each of fiscal years
1998 through 2003, instead of $25 million.
Conference substitute
Retains the authorization structure of both the House and
Senate provisions, but provides for funding at a level of
$17.5 million per fiscal year.
Sec. 7203. Railroad Rehabilitation and Improvement Financing
House bill
Section 906(a) modifies the existing railroad
infrastructure loan program contained in Title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) to bring the program in line with the
Credit Reform Act of 1990. Projects eligible for loan
assistance under the program would include acquisition,
improvement or rehabilitation of intermodal or rail equipment
and facilities, refinancing of debt incurred for the
aforementioned purposes, and development or establishment of
new intermodal or railroad facilities. Operating expenses
would not be eligible for loan assistance. Subsection (a)
also limits the aggregate unpaid principal amounts of
obligations under direct loans and loan guarantees to $5
billion at any one time. One billion dollars of this five
billion is to be reserved solely for projects primarily
benefiting freight railroads other than Class I carriers. In
addition, subsection (a) allows the Secretary of
Transportation to accept credit risk premiums from non-
Federal sources to support loans and loan guarantees made
under this section.
Subsection (b) makes technical and conforming changes and
includes a savings provision requiring that transactions
entered into under Title V of the Regulatory Reform Act of
1976 before the date of enactment of BESTEA shall be
administered until completion under its terms prior to the
amendments made by BESTEA.
Senate amendment
No comparable provision.
Conference substitute
Adopts the structure of the House provision, but with
revisions to the statement of priorities in section 7202(c),
technical changes to conform to the 1997 amendments to the
Credit Reform Act, and with the total authorization for face
amounts of loans in subsection (d) limited to no more than
$3.5 billion.
Sec. 7204. Alaska Railroad
House bill
Section 904(a) provides that the Secretary may make grants
to the Alaska Railroad for capital rehabilitation and
improvement to its passenger service.
Subsection (b) authorizes $5,250,000 to be appropriated for
such purposes for each of fiscal years 1998 through 2003.
Senate amendment
No comparable provision.
Conference substitute
Adopts the House provision.
Miami-Orlando-Tampa Corridor Project
House bill
Section 903 authorizes a general fund grant of $200 million
to be made available to the Florida Department of
Transportation to reimburse the Florida Overland Express
(FOX) project in the Miami-Orlando-Tampa corridor for capital
costs of that project.
The state of Florida is planning a high-speed rail system
in the Miami-Orlando-Tampa corridor that calls for a 320-mile
system that would operate on dedicated tracks with no rail/
highway crossings. Operating speeds would be over 185 miles
per hour.
Senate amendment
No comparable provision.
Conference substitute
No provision.
Railway Highway Crossing Hazard Elimination in High Speed Rail
House bill
Section 905 authorizes $5,250,000 for each of fiscal years
1998 through 2003 to carry out section 104(d)(2) of title 23.
Senate amendment
Sec. 1402 authorizes $15,000,000 for each of fiscal years
1998 through 2003 for hazard elimination in high-speed rail
corridors.
Conference substitute
No provision. Funding for grade crossing assistance is
addressed in the non-rail titles of the legislation.
House bill
No provision.
Senate amendment
Section 3506 amends section 20901(a) of Title 49 to require
railroads to file periodic reports with the Secretary on all
accidents and incidents resulting in injury or death of an
individual, or damage to equipment. Eliminates current
requirement that reports be notarized and allows the
Administrator to require reports less frequently than
monthly.
Conference substitute
No provision. The conferees contemplate addressing these
issues in the pending reauthorization of the rail safety
programs of the Federal Railroad Administration.
House bill
No provision.
Senate amendment
Included at the Administration's request, sections 3501
through 3504 impose penalties for willful sabotage of or
interference with railroad equipment, infrastructure or
personnel. Also imposes penalties on anyone who knowingly
possesses or causes to be present any firearm or other
dangerous weapon on board a passenger train.
Conference substitute
No provision.
Subtitle C--Comprehensive One-call Notification
House bill
No provision.
Senate amendment
Section 3301 contains several findings that unintentional
damage to underground facilities during excavation is a
significant cause of disruptions; that excavation performed
without prior notification or with inaccurate marking causes
damage that can result in fatalities; and, that protection of
the public and the environment from the consequences of
underground facility damage will be enhanced by a coordinated
national effort to improve one-call notification programs.
Section 3302 establishes a new chapter, which would be
chapter 61, in Subtitle III of title 49, United States Code.
The purposes of chapter 61, as set forth in 6101, are to
enhance public safety; protect the environment; minimize
risks to excavators; and prevent disruption of vital public
services by improving one-call notification programs.
The new section 6102 defines a one-call notification system
as a system operated by an organization that has as one of
its purposes the receipt of notification from excavators of
their intent to excavate in a specified area and the
notification of underground facility operators so that they
can locate and mark their lines in the area scheduled for
excavation. The definition includes statutes, regulations,
orders, and other elements of law and policy in effect that
establish one-call notification system operation requirements
within a State.
The new section 6103 also outlines minimum components that
one-call notification programs should cover, including the
appropriate participation by all underground facility
operators, all excavators, and flexible and effective
enforcement mechanisms governing participation in, and use
of, one-call notification systems. In making a determination
on the appropriate extent of participation required by
underground facilities or excavators, the section requires a
State to assess, and take into consideration, the risks to
public safety, excavators, the environment, and vital
services posed by underground facility damage and the actions
of excavators.
The new section 6103 would further provide that a state
could allow voluntary participation in one-call notification
systems when it
[[Page H3931]]
determines that certain types of underground facilities or
excavation activities pose a de minimis risk to public safety
or the environment. The section requires one-call
notification programs to include administrative or civil
penalties commensurate with the seriousness of a violation,
increased penalties for parties that repeatedly damage
underground facilities because they neglect to use one-call
notification systems or fail to provide timely and accurate
marking of underground facilities. The section allows states
to reduce or waive penalties when underground facility damage
is promptly reported.
The new section 6104 establishes a two-year program whereby
states could apply for grants upon a showing that the state's
one-call notification program meets the minimum standards
outlined in the bill. The section further provides that a
state providing for greater protection than the minimum
standards criteria established in the legislation would also
be eligible to receive grants. The new section 6104 would
also require the Secretary to include, three years after the
enactment of this legislation, additional information on one-
call notification programs in the biennial report on gas and
hazardous liquids.
The new section 6105 requires the Secretary of
Transportation to initiate a study of the best practices
employed by one-call notification systems in operation in the
States. If a study is undertaken, the Secretary is required
to report on the best practices identified and encourage
their adoption in the States. The Secretary is authorized to
suspend with the report if the Secretary determines that the
information is already readily accessible.
The new section 6106 would authorize the Secretary to make
grants to improve one-call notification systems, and should
take into account the commitment of each state in improving
its program, in awarding grants. The provision also
authorizes a state to convey its funds directly to any one-
call notification system that adopts the best practices
established under 6105. The new section neither opens nor
closes the door to having one or more one-call system. Most
states have a single one-call system, but several have more
than one, this determination will remain a state's choice.
The new section 6107 would authorize up to $1,000,000 and
$5,000,000 in fiscal years 2000 and 2001 out of general
revenue funds.
Section 3302 also made conforming changes to the table of
chapters for subtitle III, and certain conforming changes to
the existing one-call notification systems language of 49
United States Code 60114.
Conference substitute
The Conference adopts the Senate provisions with
modifications. The Conference stresses that untimely marking
of underground facilities, as well as the findings contained
in the Senate provision, also cause underground facility
damage.
The Conference also clarifies that compliance with the
minimum standards outlined in sections 6103 and 6104 would
only be required when applying for a grant under the new
section 6106. The Conference also modifies the Senate
language to require the Secretary to encourage states to
adopt the most successful practices of one-call notification
systems as determined the most appropriate by each state. The
Conference also modifies language in the newly added section
6108 to clarify that nothing in the new chapter 61 preempts
any existing state law, or would require a state to modify or
revise existing one-call notification systems. The Conference
also retains 49 U.S.C. 60114.
Subtitle D--Sportfishing and Boating Safety
House bill
Title VIII of H.R. 2400, contains amendments related to the
Coast Guard's Recreational Boating Safety Program. Section
801 of H.R. 2400 provides that title VIII of H.R. 2400 may be
cited as the ``Recreational Boating Safety Improvement Act of
1998.''
Section 802 of H.R. 2400 contains amendments to chapter 131
of title 46, United States Code, regarding the recreational
boating safety state grant program administered by the Coast
Guard. Section 802(a) of this title amends section 13106(a)
of title 46, United States Code, to allow the Secretary of
Transportation to expend each fiscal year the total amount
transferred to the Boat Safety Account under section
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(4)) for State recreational boating safety programs.
Under amendments contained in section 1104(a)(2) of H.R.
2400, the amount transferred to the Boat Safety Account is
equivalent to one-half of the total amount received as
motorboat fuel taxes during the preceding fiscal year.
Section 802(a) of this bill also amends section 13106(c) of
title 46 to establish two additional boating safety purposes
for which funds are made available to the Secretary from
amounts transferred to the Boat Safety Account. These
additional purposes are: (1) up to two percent is available
to the Secretary for compliance with chapter 43 of title 46,
relating to safety standards for recreational vessels and
associated equipment; and (2) up to three percent is
available to the Secretary to establish, operate, and
maintain aids to navigation that promote recreational boating
safety.
Section 802(b) amends section 13103(c) of title 46 to
require the Secretary of Transportation to conduct and report
to Congress the findings of a comprehensive survey of
recreational boating in the United States, by not later than
December 1 of 1999, and of every fifth year thereafter. To
conduct this survey, the Secretary may not use over 50
percent of the amounts allocated for national boating safety
activities of national nonprofit public service organizations
under this subsection for the fiscal year in which the survey
is conducted.
Subsection (c) of section 802 of this title amends section
13106 of title 46 by adding a requirement for the Secretary
of Transportation to make available in each fiscal year five
percent of the amount appropriated for State boating safety
programs that is in excess of $35 million for public access
facilities for transient nontrailerable recreational vessels.
Section 802(d) of this title establishes an effective date
for this section of October 1, 1998.
Senate amendment
Subtitle F of S. 1173 contains amendments to the Sport Fish
Restoration Program administered by the Secretary of Interior
(Secretary) through the Fish and Wildlife Service, and the
Recreational Boating Safety Program administered by the
Secretary of Transportation through the Coast Guard.
Section 3601 states that amendments in the Act that are
expressed in terms of an amendment to or a repeal of
provisions of the ``1950 Act'' shall be considered to be made
to provisions of the Act entitled ``An Act to provide that
the United States shall aid the States in fish restoration
and management projects, and for other purposes,'' approved
on August 9, 1950 (16 U.S.C. 777 et seq.).
Section 3602 establishes a new boating and fishing outreach
and communications initiative. Subsection (a) of this section
amends section 2 of the 1950 Act (16 U.S.C. 777a) to make
technical changes and to establish definitions for the terms
``outreach and communications program'' and ``aquatic
resource education program''. Subsection (b) amends section 4
of the 1950 Act (16 U.S.C. 777c) to provide funding for a
National Outreach and Communications Program beginning in
fiscal year (FY) 1999 through FY 2003. Funding for this
program is allocated from the Sport Fish Restoration Account
of the Aquatic Resources Trust Fund. In FY 1999 the program
receives $5 million, with the amount increasing to $10
million in FY 2003. Subsection (b) also authorizes the
Secretary to use for this program up to $2.5 million annually
from the funds available for administration. In addition,
this subsection prohibits the Secretary from using funds
available for administration to replace funding traditionally
provided through general appropriations. Furthermore, the
Secretary is required to publish annually in the Federal
Register a detailed accounting of the projects and programs
that receive administrative funds.
Section 3602(c) amends section 8 of the 1950 Act (16 U.S.C.
777g) to change the percentage of State funding required to
be used to enhance boating access from 12.5 percent to 15
percent and to change the percentage of State funding allowed
to be used for aquatic resource education and outreach and
communications from 10 percent to 15 percent. This subsection
also adds new provisions to section 8 that: (1) require the
Secretary, in cooperation with the Sport Fishing and Boating
Partnership Council, to develop and implement a national plan
for outreach and communications within one year of enactment
of the bill; (2) require that the plan provide for the
establishment of a national outreach and communications
program; (3) authorize the Secretary to provide funding to
make grants to the States or private entities for the cost of
carrying out outreach or communications programs under the
plan; and (4) require the States to develop plans for
outreach and communications programs within one year of the
completion of the national plan.
Section 3603 makes changes to the Clean Vessel Act of 1992
(P.L. 102-587, title V, subtitle F). Specifically, this
section amends section 4(b) of the 1950 Act (16 U.S.C.
777c(b)) to provide annually in FY 1999 through FY 2003
funding totaling $84 million, reduced by 82 percent of the
amount appropriated for boat safety from the Boat Safety
Account. These funds are allocated as follows: (1) $10
million for vessel pumpout facilities under section 5604 of
the Clean Vessel Act (33 U.S.C. 1322 note); (2) $10 million
for a new boating infrastructure program established under
section 3604 of this subtitle; and (3) the remainder for
State recreational boating safety programs under section
13106 of title 46, U.S. Code. This section ensures that
States receive between $59 million and $72 million annually
for State boating safety programs.
Section 3604 establishes a program to improve boating
infrastructure. Subsection (a) states that the purpose of
this section is to provide funds to the States for the
development and maintenance of public facilities for
transient nontrailerable recreational vessels. Subsection (b)
amends section 8 of the 1950 Act (16 U.S.C. 777g) to require
the Secretary, in consultation with the States, to develop a
national framework that can be sued by the States to conduct
surveys to determine their boat access needs. Each State
agreeing to conduct a public boat access needs survey would
be required to report its findings to the Secretary within 18
months for use in the development of a comprehensive national
assessment of recreational boat access needs and facilities.
Section 3604(c) allows a State, within 6 months of
submitting a public boat access
[[Page H3932]]
needs survey to the Secretary, to submit to the Secretary
plans for the construction, renovation, and maintenance of
public facilities for transient nontrailerable recreational
vessels. Subsection (d) directs the Secretary to make grants
to the States for constructing, renovating, or maintaining
public facilities for transient nontrailerable recreational
vessels, and establishes priorities for such grants,
including projects proposed in accordance with a State plan
under subsection(c). Grants made to State under this
subsection may not exceed 75 percent of the cost incurred by
the State for these projects. Subsection (e) defines the
terms ``nontrailerable recreational vessel'' and ``public
facilities for transient nontrailerable recreational
vessels.''
Section 3605 makes changes to the Recreational Boating
Safety Program administered by the U.S. Coast Guard.
Subsection (a) of this section amends section 13104(a) of
title 46, U.S. Code, to reduce the amount of time that States
have to obligate funds received under the Recreational
Boating Safety Program from 3 years to 2 years. Subsection
(b) amends section 13106 of title 46, U.S. Code, to specify
that an amount equal to the sum of (1) appropriations from
the Boat Safety Account and (2) transfers to the Secretary of
Transportation under the Clean Vessel Act (as amended by
section 3603 of this bill) will be available annually for the
Recreational Boating Safety Program. Of this amount, $5
million is provided to the Coast Guard annually for expenses
related to the coordination and administration of the
program. Subsection (c) makes conforming amendments to
section 13106 of title 46, U.S. Code.
Conference substitute
The conference substitute adopts the Senate amendment, with
technical and other changes described as follows:
Section 7401 of the conference substitute provides that
subtitle D of title VI of this Act may be cited as the
``Sportfishing and Boating Safety Act of 1998.''
Section 7403 eliminates the requirement that the Secretary
use $10 million in FY 1999 for qualified boating
infrastructure projects under section 7404(d) of the
conference substitute, and makes these funds available in FY
1999 for the Sport Fish Restoration Program. This section
also reduces the amount available for these projects in FY
2000 through 2003 from $10 million annually to $8 million,
and makes the $2 million differential available for the Sport
fish Restoration Program.
Section 7404 of the conference substitute clarifies that
grants for facilities for transient nontrailerable
recreational vessels under this section may be available for
either publicly or privately owned facilities provided that
the facilities are available to the general public, as
determined by the Secretary. The conferees intend that, in
making this determination, the Secretary should develop
guidelines which, among other things, establish reasonable
costs to ensure that such facilities are available to the
general public.
Section 7405(b) of the conference substitute provides that,
of the $5 million available annually for Coast Guard
administration, $2 million will be used by the Secretary of
Transportation annually to ensure compliance with chapter 43
of title 46, U.S. Code. This funding will enable the Coast
Guard to improve boating safety by more vigorously enforcing
existing provisions designed to prevent boating defects.
REVENUE TITLE
I. Highway-Related Taxes and Trust Fund
A. Extension and Modification of Highway-Related Taxes
1. Highway-related taxes and exemptions
Present Law
Tax rates
Highway Trust Fund excise taxes are imposed on gasoline,
diesel fuel, kerosene, special motor fuels, on heavy truck
and tire sales, and on the use of heavy trucks. The Highway
Trust Fund tax rates are scheduled to expire after September
30, 1999, except for 4.3 cents per gallon of the motor fuels
excise tax (which is permanent).
The current Highway Trust Fund excise tax rates are as
follows:
------------------------------------------------------------------------
Item Tax rate <SUP>1
------------------------------------------------------------------------
Motor fuels:
Gasoline.............................. 18.3
Diesel and kerosene................... 24.3
Special motor fuels generally......... 18.3 <SUP>2
Compressed natural gas (``CNG'')...... 4.3 <SUP>3
Retail sales of heavy highway vehicles.... 12% of retail price
Heavy truck tires......................... Graduated tax on tires
weighing more than 40 lbs.
Annual highway vehicle use................ Graduated tax on vehicles of
55,000 lbs. or more
------------------------------------------------------------------------
\1\ Motor fuel tax rates include the permanent 4.3 cents-per-gallon
fuels tax; the rates do not include the 0.1-cent-per-gallon tax on
motor fuels for the Leaking Underground Storage Tank Trust Fund.
\2\ The rate is 13.6 cents per gallon for propane, 11.9 cents per gallon
for liquified natural gas (``LNG'), and 11.3 cents per gallon for
methanol fuel from natural gas, each based on the relative energy
equivalence of the fuel to gasoline.
\3\ The statutory rate is 48.54 cents per thousand cubic feet (``MCF').
Motor fuels exemptions
Present law provides exemptions (including partial
exemptions for specified uses of taxable fuels or for
specified fuels) for governments or for certain uses not
involving use of the highway system (such as farming).
LNG, propane, CNG, and methanol derived from natural gas
are subject to reduced tax rates based on the energy
equivalence of these fuels to gasoline.
Ethanol and methanol derived from renewable sources (e.g.,
biomass) are eligible for income tax benefits (the ``alcohol
fuels credit'') equal to 54 cents per gallon for ethanol and
60 cents per gallon for methanol. The alcohol fuels credit is
scheduled to expire after December 31, 2000, or earlier if
the Highway Trust Fund taxes actually expire before that
time. In addition, small ethanol producers are eligible for a
separate 10-cents-per-gallon tax credit. The 54-cents-per-
gallon ethanol and 60-cents-per-gallon renewable-source
methanol tax credits may be claimed through reduced excise
taxes paid on gasoline and special motor fuels as well as
through income tax credits. The authority to claim the
ethanol and renewable-source methanol tax benefits through
excise tax reductions is scheduled to expire after September
30, 2000, or earlier if the Highway Trust Fund taxes actually
expire before then.
House Bill
Tax rates
The House bill extends the Highway Trust Fund excise taxes,
other than the heavy truck tire tax, through September 30,
2005. The tire tax is extended through September 30, 2000,
and then is repealed.
Motor fuels tax exemptions and alcohol fuels credits
The House bill extends the current motor fuels tax
exemptions generally for the period concurrent with the
extension period for the taxes, except that the present-law
expirations for the ethanol and renewable-source methanol
exemptions (and income tax credits) are retained.
Effective date
Date of enactment.
Senate Amendment
Tax rates
The Senate amendment extends all Highway Trust Fund excise
taxes through September 30, 2005.
Motor fuel exemptions and alcohol fuels credits
The Senate amendment is the same as the House bill with
respect to the extension of the general motor fuels tax
exemptions. The Senate amendment extends the ethanol and
renewable-source methanol tax provisions through September
30, 2007 (excise tax reduction) and December 31, 2007 (income
tax credit), respectively. Further, the Senate amendment
reduces the ethanol benefit from 54 cents per gallon to 53
cents per gallon for 2001-2002, 52 cents per gallon for 2003-
2004, and 51 cents per gallon for 2005-2007.
Effective date
Date of enactment.
Conference agreement
Tax rates
The conference agreement follows the Senate amendment.
Motor fuel exemptions and alcohol fuels credits
The conference agreement follows the Senate amendment.
Effective date
Date of enactment.
2. Motor fuels tax refund procedure
Present law
Gasoline and diesel fuel excise tax refunds are
administered separately, subject to separate quarterly
minimum filing thresholds. For gasoline, the minimum refund
claim is $1,000 in the calendar quarter to which the claim
relates. Certain diesel fuel claims are subject to this same
standard; certain other diesel and aviation fuel claims may
be filed in any of the first three calendar quarters in which
the aggregate year-to-date refund equals $750. Fourth quarter
refunds must be claimed as income tax credits regardless of
amount.
House Bill
The House bill combines refund procedures for all taxable
motor fuels, allowing aggregation of quarterly amounts and
filing of refund claims once a single $750 minimum amount is
reached (determined on a year-to-year basis rather than an
individual quarter basis). Fourth quarter refund claims are
allowed under the same rules as applicable to the first three
quarters.
Effective date
Claims filed after September 30, 1998.
Senate amendment
No provision.
Conference agreement
The conference agreement follows the House bill.
3. Requirement that motor fuels terminals offer dyed fuel
Present law
Diesel fuel and kerosene (after June 30, 1998) are taxed on
removal from a registered terminal facility unless the fuel
is destined for a nontaxable use and is indelibly dyed. After
June 30, 1998, terminals must offer dyed fuel as a condition
of being allowed to store untaxed fuel.
House bill
The House bill delays the effective date of the requirement
that terminals offer dyed fuel for two years, to July 1,
2000.
Effective date
Date of enactment.
Senate amendment
The Senate amendment is the same as in the House bill.
[[Page H3933]]
Conference agreement
The conference agreement follows the House bill and the
Senate amendment.
B. Highway Trust Fund Provisions
Present law
Transfers of revenues to Highway Trust Fund
Gross receipts from current highway excise taxes are
dedicated to the Highway Trust Fund for taxes imposed through
September 30, 1999, and received in the Treasury before July
1, 2000, under provisions of section 9503 of the Internal
Revenue Code (the ``Code').
Interest on Highway Trust Fund balances; unspent balances
The Highway Trust Fund earns interest on cash balances each
year from investments in Treasury securities (sec. 9602).
Cash balances remain in the Highway Trust Fund until
expended.
Highway Trust Fund expenditure authority
The Code authorizes expenditures (subject to appropriations
Acts) from the Highway Trust Fund through September 30, 1998,
for purposes provided in authorizing legislation, as in
effect on the date of enactment of Public Law 105-130. No
Highway Trust Fund monies may be spent for a purpose not
approved as of the last updating of the Code reference to the
most recent authorizing legislation changes.
The Highway Trust Fund is divided into two Accounts: a
Highway Account and a Mass Transit Account, each of which is
the funding source for specific transportation programs. The
Highway Account receives revenues from all non-fuel highway-
related excise taxes plus revenues from all but 2.85 cents
per gallon <SUP>4</SUP> 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.<SUP>5</SUP>
---------------------------------------------------------------------------
\4\ A technical correction (to 2.86 cents per gallon) is
included in this revenue title (H.R. 2400), and also in Title
VI of H.R. 2676 as passed by the House and the Senate.
\5\ Ibid.
---------------------------------------------------------------------------
Highway Trust Fund anti-deficit provisions
Highway Trust Fund spending is limited by two anti-deficit
provisions, which are internal to each of the Accounts. The
first limits the unfunded Highway Account authorizations at
the end of any fiscal year to amounts not exceeding the
unobligated balance plus revenues projected to be collected
for that Account by the dedicated excise taxes during the
following two fiscal years. The second provision similarly
limits unfunded Mass Transit Account authorizations to the
dedicated excise tax revenues projected to be collected
during the next fiscal year. If either of these provisions is
violated, spending for programs funded by the respective
Accounts is to be reduced proportionately, similar to a
Budget Act sequester.
1997 transfer of 4.3-cents-per-gallon tax revenues not for
direct spending
The Taxpayer Relief Act of 1997 (the ``1997 Act'')
transferred revenues from the additional 4.3-cents-per-gallon
highway fuels taxes to the Highway Trust Fund, effective on
October 1, 1997. The 1997 Act provided that those revenues
could not be used to increase direct spending under the 1991
authorizing legislation.
House bill
Transfers of revenues to Highway Trust Fund
The House bill transfers the gross receipts from current
highway excise taxes (as modified by the House bill repeal of
the heavy truck tire excise tax on October 1, 2000) through
September 30, 2005. Consistent with present law, pre-October
1, 2005 amounts received after September 30, 1999 with
respect to highway excise tax liabilities will continue to be
transferred to the Highway Trust Fund through June 30, 2006.
Interest on Highway Trust Fund balances; unspent balances
Under the House bill, the Highway Trust Fund earns no
further interest on its cash balances after September 30,
1998.
The House bill cancels certain ``excess'' Highway Trust
Fund's Highway Account balance (the amount in excess of $8
billion) on October 1, 1998.
Highway Trust Fund expenditure authority
The House bill extends the Highway Trust Fund expenditure
authority through September 30, 2003, and updates the
expenditure purposes for the Highway and Mass Transit
Accounts to the purposes as included in the current House
bill authorizing legislation (H.R. 2400).
Provisions are incorporated into the Highway Trust Fund
specifying that expenditures from the Highway Trust Fund may
occur only as provided in the Internal Revenue Code. The
House bill clarifies that the expenditure authority
expiration date does not preclude disbursements to liquidate
contracts which are validly entered into before the
expiration date. Expenditures for contracts entered into or
for amounts otherwise obligated after an expiration date (or
for other non-contract authority purposes under non-Code
provisions) are not to be permitted, notwithstanding the
subsequently enacted authorization or appropriations
legislation. If any such subsequent legislation authorizes
such expenditures, or such expenditures occur by
administrative action in the contravention of the Code
restrictions, excise tax revenues otherwise to be deposited
in the Highway Trust Fund are to be retained in the
General Fund beginning on the date of such unauthorized
action.
Highway Trust Fund anti-deficit provisions
The House bill conforms the one-year anti-deficit rule in
the Mass Transit Account to the two-year rule in the Highway
Account.
Highway Trust Fund technical corrections
The House bill includes two technical corrections to the
1997 Act relating to the Highway Trust Fund excise tax
revenues:
(1) Excise tax revenues attributable to LNG, CNG, propane,
and methanol from natural gas are divided between the Highway
and Mass Transit Accounts in the same proportions as gasoline
tax revenues are divided between those two accounts; and
(2) The amount of highway motor fuels tax revenues
transferred to the Mass Transit Account is corrected to 2.86
cents per gallon (rather than 2.85 cents per gallon as
erroneously provided in the 1997 Act).
1997 transfer of 4.3-cents-per-gallon tax revenues
The House bill deletes a provision of the 1997 Act
providing that the transfer of the additional 4.3 cents per
gallon in fuels tax revenues to the Highway Trust Fund and a
one- time adjustment to fuels tax deposit requirements do not
affect direct spending under the 1991 authorizing legislation
as ``deadwood.'
Effective date
Date of enactment.
Senate amendment
Transfers of revenues to Highway Trust Fund
The Senate amendment is the same as the House bill, except
that the Senate amendment (as noted above) does not repeal
the tire tax.
Interest on Highway Trust Fund balances; unspent balances
No provision.
Highway Trust Fund expenditure authority
The Senate amendment is the same as the House bill with
respect to extending the Highway Trust fund expenditure
authority through September 30, 2003. The Senate amendment
updates the expenditure purposes for the Highway and Mass
Transit Accounts to the purposes as included in the current
Senate authorizing legislation (H.R. 2400 as amended by the
Senate).
The Senate amendment also is the same as the House bill
with respect to specifying that expenditures from the Highway
Trust Fund may occur only as provided in the Internal Revenue
Code, and the clarification relating to liquidations of
contract authority.
Highway Trust Fund anti-deficit provisions
The Senate amendment is the same as the House bill.
Highway Trust Fund technical corrections
The Senate amendment is the same as the House bill.
1997 transfer of 4.3 cents-per-gallon tax revenues
The Senate amendment is the same as the House bill.
Effective date
Date of enactment.
Conference agreement
Transfers of revenues to Highway Trust Fund
The conference agreement follows the Senate amendment.
Interest on Highway Trust Fund balances; unspent balances
The conference agreement follows the House bill, with a
modification deleting the cancellation of a portion of the
Mass Transit Account balance.
Highway Trust Fund expenditure authority
The conference agreement follows the House bill and the
Senate amendment by updating the Highway Trust Fund
expenditure purposes to include the purposes in the current
authorizing legislation (H.R. 2400) as enacted and as in
effect on the date of enactment.
Highway Trust Fund anti-deficit provisions
The conference agreement follows the House bill and the
Senate amendment.
Highway Trust Fund technical corrections
The conference agreement follows the House bill and the
Senate amendment.
1997 transfer of 4.3-cents-per-gallon tax revenues
The conference agreement follows the House bill and the
Senate amendment.
Effective date
Date of enactment.
II. OTHER TRUST FUND PROVISIONS
A. Aquatic Resources Trust Fund
Present law
Revenue transfers
Gasoline and special motor fuels used in motorboats and
gasoline used in small engines are subject to excise tax in
the same manner and at the same rates as gasoline and special
motor fuels used in highway vehicles. Of the tax revenues
from motorboat and small-engine use, 6.8 cents per gallon is
retained in the General Fund; 11.5 cents per gallon is
transferred to the Aquatic Resources Trust Fund (``Aquatic
Fund'').
Under present law, transfers of the motorboat fuels tax
revenues go to the Boat Safety Account of the Aquatic Fund
(up to $70 million per fiscal year).<SUP>6</SUP> Of amounts
in excess of $70 million, $1 million per fiscal year goes to
[[Page H3934]]
the Land and Water Conservation Fund (``Land and Water
Fund''), and the balance goes to the Sport Fish Restoration
Account of the Aquatic Fund. The authority to transfer
revenues to the Aquatic Fund and Land and Water Fund is
scheduled to expire after September 30, 1998.
---------------------------------------------------------------------------
\6\ The unobligated balance in the Boat Safety Account is
limited to $70 million.
---------------------------------------------------------------------------
Revenues from the 11.5-cents-per-gallon tax rate on
gasoline used in small engines is deposited in a Wetlands
sub-account in the Aquatic Fund for use in wetlands
conservation efforts.
Expenditure authority
Expenditures from the Boat Safety Account and the Land and
Water Fund are subject to appropriation Acts. The Sport Fish
Restoration Account has a permanent appropriation, and all
monies transferred to that Account are automatically
appropriated in the fiscal year following the fiscal year of
receipt.
Under present law, expenditures are authorized from the
Boat Safety Account as follows:
(1) One-half of the amount allocated to the Account are for
State boating safety programs; and
(2) One-half of the amount allocated to the Account are for
operating expenses of the Coast Guard to defray the costs of
services provided for recreational boating safety.
House bill
Revenue transfers
The House bill extends the transfer of 11.5 cents per
gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003. In addition, the 6.8-cents-per-
gallon portion of the tax on motorboat fuels and small-engine
gasoline that currently is retained in the General Fund is
transferred to the Aquatic Fund. This provision is phased-in,
with the transfer to the Aquatic Fund of 3.4 cents per gallon
for the period October 1, 1999 through September 30, 2000,
and at 6.8 cents per gallon for the period October 1, 2000
through September 30, 2003.
Transfers of motorboat fuels tax revenues to the Boat
Safety Account are changed to equal one-half of such revenues
each fiscal year, with a limit on the balance in that Account
equal to no more than one-half of the prior year's motorboat
fuels tax revenues.
Effective date.
October 1, 1998 for the transfer of the 11.5 cents-per-
gallon rate to the Aquatic Fund, October 1, 1999 for the
transfer of the 3.4-cents-per-gallon rate, and October 1,
2000 for the transfer of the 6.8-cents-per-gallon rate.
Expenditure authority
Expenditure authority for the Boat Safety Account of the
Aquatic Fund is extended through September 30, 2003. The
expenditure purposes of the Aquatic Fund are conformed to
those in effect in the House bill as of the date of enactment
of H.R. 2400.
Provisions identical to those described above under the
House bill for the Highway Trust Fund are incorporated into
the Aquatic Fund clarifying that expenditures from the
Aquatic Fund may occur only as provided in the Code.
Effective date.
October 1, 1998.
Senate amendment
Revenue transfers
The Senate amendment extends the transfers of 11.5 cents
per gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003.
Effective date.
October 1, 1998.
Expenditure authority
The Senate amendment is the same as the House bill with
respect to the extension of the expenditure authority for the
Boat Safety Account through September 30, 2003. The
expenditure purposes of the Aquatic Fund are conformed to
those in effect in the Senate amendment as of the date of
enactment.
The Senate amendment clarifying that expenditures from the
Aquatic Fund may occur only as provided in the Code is the
same as the House bill provision.
Effective date.
October 1, 1998.
Conference agreement
Revenue transfers
The conference agreement follows the House bill and the
Senate amendment with respect to extension of transfers of
11.5 cents per gallon of motorboat fuels tax revenues to the
Boat Safety Account and Wetlands sub-Account of the Aquatic
Fund through September 30, 2003.
The conference agreement follows the House bill in
transferring additional motorboat fuels tax and small-engine
gasoline revenues to the Aquatic Fund. The conference
agreement provides that an additional 1.5 cents per gallon of
taxes imposed during fiscal years 2002 and 2003, and an
additional 2 cents per gallon thereafter, will be transferred
to the Aquatic Fund.
Effective date.
October 1, 1998.
Expenditure authority
The conference agreement follows the House bill and the
Senate amendment with respect to the extension of the
expenditure authority for the Boat Safety Account through
September 30, 2003. The expenditure purposes of the Aquatic
Fund (including those of the Sport Fish Restoration Account)
are conformed to those purposes in effect in the authorizing
provisions of the bill as of the date of enactment.
The conference agreement follows the House bill and the
Senate amendment with respect to the clarification that
expenditures from the Aquatic Fund may occur only as provided
in the Code.
Effective date.
October 1, 1998.
B. National Recreational Trails Trust Fund
Present law
The National Recreational Trails Trust fund (``Trails
Fund'') was established in the Intermodal Surface
Transportation Efficiency Act of 1991 (``1991 Act'). Revenues
from 11.5 cents per gallon of motor fuels taxes from fuel
used in nonhighway recreational vehicles <SUP>7</SUP> are
authorized to be transferred from the Highway Trust Fund to
the Trails Fund through September 30, 1998. Transfers to the
Trails Fund are contingent on appropriations occurring from
the Trails Fund. To date, no such appropriations have been
enacted; thus, no actual transfers of revenues have been made
to the Trails Fund.
---------------------------------------------------------------------------
\7\ Nonhighway recreational fuels taxes are taxes imposed on
(1) fuel used in vehicles and equipment on recreational
trails or back country terrain, or (2) fuel used in camp
stoves and other outdoor recreational equipment. Such
revenues do not include small-engine gasoline tax revenues,
which are transferred to the Aquatic Fund.
---------------------------------------------------------------------------
Expenditures are authorized from the Trails Fund, subject
to appropriations,<SUP>8</SUP> for allocations to States for
use on trails and trail-related projects as set forth in the
1991 Act. Authorized expenditure uses include (1) acquisition
of new trails and access areas, (2) maintenance and
restoration of existing trails, (3) State environmental
protection education programs, and (4) related program
administrative costs.
---------------------------------------------------------------------------
\8\ If appropriations were enacted from the Trails Fund,
there is an obligational ceiling of $30 million per fiscal
year under the 1991 Act.
---------------------------------------------------------------------------
House bill
The House bill repeals the Trails Fund, and the transfers
of nonhighway recreational fuels taxes to the Trails Fund.
Effective date.
October 1, 1998.
Senate amendment
The Senate amendment is the same as the House bill.
Conference agreement
The conference agreement follows the House bill and the
Senate amendment. (Under authorizing provisions of the bill,
Highway Trust Fund expenditures are authorized for similar
purposes to those of the Trails Fund.)
III. ADDITIONAL REVENUE PROVISIONS
A. Rail Fuels Excise Tax
Present law
Diesel fuel and gasoline used in trains are subject to a
5.65-cents-per-gallon excise tax. Of this amount, 0.1 cent
per gallon is dedicated to the Leaking Underground Storage
Tank Trust Fund; this rate is scheduled to expire after March
31, 2005. The remaining 5.55 cents per gallon is a General
Fund tax, with 4.3 cents per gallon being permanently imposed
and 1.25 cents per gallon being imposed through September 30,
1999.
House bill
The 4.3-cents-per-gallon General Fund excise tax imposed on
fuel used in trains is repealed.
Effective date.
October 1, 2000.
Senate amendment
The Senate amendment repeals the 1.25-cents-per-gallon tax
on fuel used in trains.
Effective date.
March 1, 1999.
Conference agreement
The conference agreement follows the Senate amendment,
except for the effective date.
Effective date.
November 1, 1998.
B. Income Tax Provisions
1. Tax-exempt financing of certain highway projects
Present law
Present law exempts interest on State or local government
bonds from the regular income tax if the proceeds of the
bonds are used to finance governmental activities of those
entities and the bonds are repaid with governmental revenues.
Interest on bonds issued by States or local governments
acting as conduits to provide financing for private persons
is taxable unless a specific exception is provided in the
Code. No such exception is provided for bonds issued to
provide conduit financing for privately constructed and/or
privately operated toll roads and similar highway
infrastructure projects.
House bill
No provision.
Senate amendment
The Senate amendment authorizes the construction of up to
15 highway infrastructure projects, such as toll roads
involving private business participation. These projects are
to be eligible for tax-exempt private activity
[[Page H3935]]
bond financing. Bonds for these projects generally are to be
subject to all Code provisions governing issuance of tax-
exempt private activity bonds except the annual State volume
limits (sec. 146). No proceeds of these bonds may be used to
finance the acquisition of land. In lieu of the State volume
limits, the aggregate amount of bonds that can be issued
under this pilot project is $15 billion (as allocated by the
Department of Transportation in consultation with the
Department of the Treasury).
Conference agreement
The conference agreement does not include the Senate
amendment.
2. Tax treatment of parking and transit benefits
Present law
Under present law, qualified transportation fringe benefits
provided by an employer are excluded from an employee's gross
income. Qualified transportation fringe benefits include
parking, transit passes, and vanpool benefits. In addition,
in the case of employer-provided parking, no amount is
includible in income of an employee merely because the
employer offers the employee a choice between cash and
employer-provided parking. Transit passes and vanpool
benefits are only excludable if provided in addition to, and
not in lieu of, any compensation otherwise payable to an
employee. Under present law, up to $175 per month (for 1998)
of employer-provided parking and up to $65 per month (for
1998) of employer-provided transit and vanpool benefits are
excludable from gross income. These dollar amounts are
indexed for inflation.
House bill
No provision.
Senate amendment
The Senate amendment permits employers to offer employees
the option of electing cash compensation in lieu of any
qualified transportation benefit, or a combination of any of
such benefits. As under present law, qualified transportation
benefits include employer-provided transit passes, parking,
and vanpooling. Thus, under the Senate amendment, no amount
is includible in gross income or wages merely because the
employee is offered the choice of cash and one or more
qualified transportation benefits. The amount of cash offered
is includible in income and wages only to the extent the
employee elects cash.
In addition, the Senate amendment increases the exclusion
for transit passes and vanpooling to $100 per month. The $100
amount is indexed as under present law.
Further, the Senate amendment provides that there is no
indexing of any qualified transportation benefit in 1999.
Effective date.
The provision permitting a cash option for any
transportation benefit is effective for taxable years
beginning after December 31, 1997; the increase in the
exclusion for transit passes and vanpooling to $100 per month
is effective for taxable years beginning after December 31,
2001; and indexing on the $100 amount for transit passes and
vanpooling is effective for taxable years beginning after
December 31, 2002.
Conference agreement
The conference agreement follows the Senate amendment.
Thus, as under the Senate amendment, no amount is includible
in gross income or wages merely because the employee is
offered the choice of cash in lieu of one or more qualified
transportation benefits, or a combination of such benefits.
In addition, no amount is includible in income or wages
merely because the employee is offered a choice among
qualified transportation benefits.
Effective date.
The conference agreement follows the Senate amendment.
3. Purposes for which Amtrak NOL monies may be used in non-
Amtrak States
Present law
The 1997 Act provides elective procedures that allow Amtrak
to consider the tax attributes of its predecessors in the use
of its net operating losses. The election is conditioned on
Amtrak agreeing to make payments equal to one percent of the
amount it receives as a result of the election to each of the
non-Amtrak States. The non-Amtrak states are required to
spend these monies to finance qualified expenses. Qualified
expenses include the capital costs connected with the
provision of intercity passenger rail and bus service, the
purchase of intercity rail service from Amtrak, and the
payment of interest and principle on obligations incurred for
a qualified purpose. Any amounts not spent for qualified
purposes by 2010 must be returned to the Treasury.
House bill
No provision.
Senate amendment
The Senate amendment expands the list of qualified expenses
to include: (1) capital expenditures related to State-owned
rail operations in the State; (2) projects eligible to
receive funding under section 5309, 5310, or 5311 of Title
49; (3) projects that are eligible to receive funding under
section 130 or 152 of Title 23; (4) upgrading and maintenance
of intercity primary and rural air service facilities,
including the purchase of air service between primary and
rural airports and regional hubs; and (5) the provision of
passenger ferryboat service within the State.
Effective date.
The provision is effective as if included in the Taxpayer
Relief Act of 1997 (effective on August 5, 1997).
Conference agreement
The conference agreement follows the Senate amendment with
further additions to the list of qualified expenses.
Additional qualified purposes added by the conference
agreement include harbor improvements and certain highway
improvements that are eligible to receive funding under
section 103, 133, 144, and 149 of Title 23.
Effective date.
The conference agreement follows the Senate amendment.
4. Tax treatment of certain Federal environmental grants
Present law
Certain Federal grants are excluded from income with
taxpayers receiving no basis in assets financed with the
grant monies. Other Federal grant programs result in income
exclusion when the grant is received, but taxpayers receive
basis in the grant-financed property.
House bill
No provision.
Senate amendment
The Senate amendment provides that, to the extent provided
under present law, grants under the authorizing provisions of
the Senate amendment relating to a Congestion Mitigation and
Air Quality (``CMAQ'') Program are not includible in taxable
income when received, and that no credit or other deduction
is allowed to taxpayers with respect to the property (or
other expenditures) financed directly or indirectly with the
CMAQ funds. The basis of such property is to be reduced by
the portion of the cost of the property that is attributable
to the CMAQ payment.
Conference agreement
The conference agreement does not include the Senate
amendment.
Limited Tax Benefits in the Revenue Title Subject to the Line Item Veto
Act
Present Law
The Line Item Veto Act amended the Congressional Budget and
Impoundment Act of 1974 to grant the President the limited
authority to cancel specific dollar amounts of discretionary
budget authority, certain new direct spending, and limited
tax benefits. The Line Item Veto Act provides that the Joint
Committee on Taxation is required to examine any revenue or
reconciliation bill or joint resolution that amends the
Internal Revenue Code of 1986 prior to its filing by a
conference committee in order to determine whether or not the
bill or joint resolution contains any ``limited tax
benefits,'' and to provide a statement to the conference
committee that either (1) identifies each limited tax benefit
contained in the bill or resolution, or (2) states that the
bill or resolution contains no limited tax benefits. The
conferees determine whether or not to include the Joint
Committee on Taxation statement in the conference report. If
the conference report includes the information from the Joint
Committee on Taxation identifying provisions that are limited
tax benefits, then the President may cancel one or more of
those, but only those, provisions that have been identified.
If such a conference report contains a statement from the
Joint Committee on Taxation that none of the provisions in
the conference report are limited tax benefits, then the
President has no authority to cancel any of the specific tax
provisions, because there are no tax provisions that are
eligible for cancellation under the Line Item Veto Act.
Conference Statement
The Joint Committee on Taxation has determined that the
revenue title to H.R. 2400 contains no provision involving
limited tax benefits within the meaning of the Line Item Veto
Act.
Pursuant to the order of the House on April 1, 1998, the
Speaker appointed the following conferees for consideration
of the House bill (except title XI) and the Senate amendment
(except title VI), and modifications committed to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on Commerce, for
consideration of provisions in the House bill and Senate
amendment relating to the Congestion Mitigation and Air
Quality Improvement Program; and sections 124, 125, 303, and
502 of the House bill; and sections 1407, 1601, 1602, 2103,
3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment
and modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is appointed in lieu of Mr.
Bilirakis for consideration of sections
[[Page H3936]]
1407, 2103, and 3106 of the Senate amendment.
Billy Tauzin,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public Works:
John H. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.
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